82_FR_23576 82 FR 23479 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.22 of Bats EDGX 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 23479 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.22 of Bats EDGX 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 Range23479-23481
FR Document2017-10311

Federal Register, Volume 82 Issue 97 (Monday, May 22, 2017)
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23479-23481]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10311]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80689; File No. SR-BatsEDGX-2017-19]


Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 
11.22 of Bats EDGX 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 EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') 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).
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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 11.22 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 11.22(b) (Compliance with Data Collection Requirements) \5\ 
implements the data collection and Web site publication requirements of 
the Plan.\6\ Rule 11.22(b).08 provides, among other things, that the 
requirement that the

[[Page 23480]]

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 11.22.08 
to delay the Appendix B data Web site publication date until August 31, 
2017. The Exchange is proposing to further delay the Web site 
publication of Appendix B data until August 31, 2017 to permit 
additional time to consider a methodology to mitigate concerns raised 
in connection with the publication of Appendix B data.
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    \5\ See Exchange Rule 11.22(b). See also Securities Exchange Act 
Release Nos. 77416 (March 22, 2016), 81 FR 17225 (March 28, 2016); 
and 78798 (September 9, 2016), 81 FR 63532 (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 11.22.
    \8\ See Exchange Rule 11.22.08. See also Securities Exchange Act 
Release No. 80208 (March 10, 2017), 82 FR 14092 (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.
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    \9\ The Exchange initially submitted this proposed rule change 
on April 28, 2017. (SR-BatsEDGX-2017-17). On May 4, 2017, the 
Exchange withdrew SR-BatsEDGX-2017-17 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 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-
BatsBZX-2017-31; BatsBYX-2017-10; SR-BatsEDGA-2017-10; 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:

[[Page 23481]]

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-BatsEDGX-2017-19 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-BatsEDGX-2017-19. 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-BatsEDGX-2017-19 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).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10311 Filed 5-19-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices                                                       23479

                                                  III. Date of Effectiveness of the                         submission, all subsequent                             designated this proposal as a ‘‘non-
                                                  Proposed Rule Change and Timing for                       amendments, all written statements                     controversial’’ proposed rule change
                                                  Commission Action                                         with respect to the proposed rule                      pursuant to Section 19(b)(3)(A) of the
                                                     Because the foregoing proposed rule                    change that are filed with the                         Act 3 and Rule 19b–4(f)(6)(iii)
                                                  change does not: (i) Significantly affect                 Commission, and all written                            thereunder,4 which renders it effective
                                                  the protection of investors or the public                 communications relating to the                         upon filing with the Commission. The
                                                  interest; (ii) impose any significant                     proposed rule change between the                       Commission is publishing this notice to
                                                  burden on competition; and (iii) become                   Commission and any person, other than                  solicit comments on the proposed rule
                                                  operative for 30 days after the date of                   those that may be withheld from the                    change from interested persons.
                                                  the filing, or such shorter time as the                   public in accordance with the
                                                                                                            provisions of 5 U.S.C. 552, will be                    I. Self-Regulatory Organization’s
                                                  Commission may designate, it has                                                                                 Statement of the Terms of Substance of
                                                  become effective pursuant to 19(b)(3)(A)                  available for Web site viewing and
                                                                                                            printing in the Commission’s Public                    the Proposed Rule Change
                                                  of the Act 6 and Rule 19b–4(f)(6) 7
                                                                                                            Reference Room, 100 F Street NE.,                         The Exchange filed a proposal to
                                                  thereunder.
                                                     At any time within 60 days of the                      Washington, DC 20549 on official                       amend Rule 11.22 to modify the date of
                                                  filing of the proposed rule change, the                   business days between the hours of                     Appendix B Web site data publication
                                                  Commission summarily may                                  10:00 a.m. and 3:00 p.m. Copies of the                 pursuant to the Regulation NMS Plan to
                                                  temporarily suspend such rule change if                   filing also will be available for                      Implement a Tick Size Pilot Program
                                                  it appears to the Commission that such                    inspection and copying at the principal                (‘‘Plan’’).
                                                  action is necessary or appropriate in the                 office of the Exchange. All comments                      The text of the proposed rule change
                                                  public interest, for the protection of                    received will be posted without change;                is available at the Exchange’s Web site
                                                                                                            the Commission does not edit personal                  at www.bats.com, at the principal office
                                                  investors, or otherwise in furtherance of
                                                                                                            identifying information from                           of the Exchange, and at the
                                                  the purposes of the Act. If the
                                                                                                            submissions. You should submit only                    Commission’s Public Reference Room.
                                                  Commission takes such action, the
                                                                                                            information that you wish to make
                                                  Commission shall institute proceedings                                                                           II. Self-Regulatory Organization’s
                                                                                                            available publicly. All submissions
                                                  to determine whether the proposed rule                                                                           Statement of the Purpose of, and
                                                                                                            should refer to File Number SR–MIAX–
                                                  should be approved or disapproved.                                                                               Statutory Basis for, the Proposed Rule
                                                                                                            2017–21 and should be submitted on or
                                                  IV. Solicitation of Comments                              before June 12, 2017.                                  Change
                                                    Interested persons are invited to                         For the Commission, by the Division of                 In its filing with the Commission, the
                                                  submit written data, views, and                           Trading and Markets, pursuant to delegated             Exchange included statements
                                                  arguments concerning the foregoing,                       authority.8                                            concerning the purpose of and basis for
                                                  including whether the proposed rule                       Eduardo A. Aleman,                                     the proposed rule change and discussed
                                                  change is consistent with the Act.                        Assistant Secretary.                                   any comments it received on the
                                                  Comments may be submitted by any of                       [FR Doc. 2017–10312 Filed 5–19–17; 8:45 am]            proposed rule change. The text of these
                                                  the following methods:                                    BILLING CODE 8011–01–P
                                                                                                                                                                   statements may be examined at the
                                                                                                                                                                   places specified in Item IV below. The
                                                  Electronic Comments                                                                                              Exchange has prepared summaries, set
                                                    • Use the Commission’s Internet                         SECURITIES AND EXCHANGE                                forth in Sections A, B, and C below, of
                                                  comment form (http://www.sec.gov/                         COMMISSION                                             the most significant parts of such
                                                  rules/sro.shtml); or                                                                                             statements.
                                                                                                            [Release No. 34–80689; File No. SR–
                                                    • Send an email to rule-comments@                       BatsEDGX–2017–19]                                      A. Self-Regulatory Organization’s
                                                  sec.gov. Please include File Number SR–
                                                                                                                                                                   Statement of the Purpose of, and the
                                                  MIAX–2017–21 on the subject line.                         Self-Regulatory Organizations; Bats                    Statutory Basis for, the Proposed Rule
                                                  Paper Comments                                            EDGX Exchange, Inc.; Notice of Filing                  Change
                                                                                                            and Immediate Effectiveness of a
                                                    • Send paper comments in triplicate                     Proposed Rule Change to Rule 11.22 of                  1. Purpose
                                                  to Secretary, Securities and Exchange                     Bats EDGX Exchange, Inc. To Modify
                                                  Commission, 100 F Street NE.,                                                                                      Rule 11.22(b) (Compliance with Data
                                                                                                            the Date of Appendix B Web Site Data                   Collection Requirements) 5 implements
                                                  Washington, DC 20549–1090.                                Publication Pursuant to the Regulation                 the data collection and Web site
                                                  All submissions should refer to File                      NMS Plan To Implement a Tick Size                      publication requirements of the Plan.6
                                                  Number SR–MIAX–2017–21. This file                         Pilot Program                                          Rule 11.22(b).08 provides, among other
                                                  number should be included on the
                                                                                                            May 16, 2017.                                          things, that the requirement that the
                                                  subject line if email is used. To help the
                                                  Commission process and review your                           Pursuant to Section 19(b)(1) of the                   3 15  U.S.C. 78s(b)(3)(A).
                                                  comments more efficiently, please use                     Securities Exchange Act of 1934 (the                     4 17  CFR 240.19b–4(f)(6)(iii).
                                                  only one method. The Commission will                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2                    5 See Exchange Rule 11.22(b). See also Securities

                                                  post all comments on the Commission’s                     notice is hereby given that on May 4,                  Exchange Act Release Nos. 77416 (March 22, 2016),
                                                  Internet Web site (http://www.sec.gov/                    2017, Bats EDGX Exchange, Inc. (the                    81 FR 17225 (March 28, 2016); and 78798
                                                                                                            ‘‘Exchange’’ or ‘‘EDGX’’) filed with the               (September 9, 2016), 81 FR 63532 (September 15,
                                                  rules/sro.shtml). Copies of the                                                                                  2016).
                                                                                                            Securities and Exchange Commission                        6 The Participants filed the Plan to comply with
mstockstill on DSK30JT082PROD with NOTICES




                                                    6 15  U.S.C. 78s(b)(3)(A).                              (‘‘Commission’’) the proposed rule                     an order issued by the Commission on June 24,
                                                    7 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–       change as described in Items I and II                  2014. See Letter from Brendon J. Weiss, Vice
                                                  4(f)(6) requires a self-regulatory organization to give   below, which Items have been prepared                  President, Intercontinental Exchange, Inc., to
                                                  the Commission written notice of its intent to file       by the Exchange. The Exchange has                      Secretary, Commission, dated August 25, 2014
                                                  the proposed rule change at least five business days                                                             (‘‘SRO Tick Size Plan Proposal’’). See Securities
                                                  prior to the date of filing of the proposed rule                                                                 Exchange Act Release No 72460 (June 24, 2014), 79
                                                                                                              8 17 CFR 200.30–3(a)(12).
                                                  change, or such shorter time as designated by the                                                                FR 36840 (June 30, 2014); see also Securities
                                                                                                              1 15 U.S.C. 78s(b)(1).
                                                  Commission. The Exchange has satisfied this                                                                      Exchange Act Release No. 74892 (May 6, 2015), 80
                                                  requirement.                                                2 17 CFR 240.19b–4.                                  FR 27513 (May 13, 2015).



                                             VerDate Sep<11>2014    23:17 May 19, 2017   Jkt 241001   PO 00000   Frm 00310   Fmt 4703     Sfmt 4703   E:\FR\FM\22MYN1.SGM   22MYN1


                                                  23480                           Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices

                                                  Exchange or Designated Examining                        liquidity and trading of the common                      publicly available will not identify the
                                                  Authority (‘‘DEA’’) make certain data for               stock of small-capitalization companies.                 Trading Center that generated the data.
                                                  the Pre-Pilot Period and Pilot Period 7                 The Exchange believes that this                          The Exchange states that the additional
                                                  publicly available on their Web site                    proposal is consistent with the Act                      time would allow consideration of a
                                                  pursuant to Appendix B and C to the                     because it is in furtherance of the                      methodology to mitigate concerns
                                                  Plan shall commence on April 28,                        objectives of Section VII(A) of the Plan                 related to the publication of Appendix
                                                  2017.8 The Exchange is proposing to                     in that it is designed to provide the                    B data.15
                                                  amend Rule 11.22.08 to delay the                        Exchange with additional time to                            The Commission believes that
                                                  Appendix B data Web site publication                    consider a methodology to mitigate                       waiving the 30-day operative delay is
                                                  date until August 31, 2017. The                         concerns raised in connection with the                   consistent with the protection of
                                                  Exchange is proposing to further delay                  publication of Appendix B data.                          investors and the public interest
                                                  the Web site publication of Appendix B                                                                           because it will synchronize the timing
                                                  data until August 31, 2017 to permit                    B. Self-Regulatory Organization’s
                                                                                                                                                                   for publication of Appendix B data for
                                                  additional time to consider a                           Statement on Burden on Competition
                                                                                                                                                                   all Participants, which should enhance
                                                  methodology to mitigate concerns raised                   The Exchange does not believe that                     the consistency and usefulness of the
                                                  in connection with the publication of                   the proposed rule change will result in                  data.16 Therefore, the Commission
                                                  Appendix B data.                                        any burden on competition that is not                    hereby waives the 30-day operative
                                                     Pursuant to this proposed                            necessary or appropriate in furtherance                  delay and designates the proposed rule
                                                  amendment, the Exchange or DEA                          of the purposes of the Act. The                          change to be operative on the date of
                                                  would publish the required Appendix B                   Exchange notes that the proposed rule                    filing.17
                                                  data for the Pre-Pilot Period through                   change implements the provisions of the                     At any time within 60 days of the
                                                  April 30, 2017, by August 31, 2017.9                    Plan.                                                    filing of the proposed rule change, the
                                                  Thereafter, Appendix B data for a given                                                                          Commission summarily may
                                                  month would be published within 120                     C. Self-Regulatory Organization’s
                                                                                                          Statement on Comments on the                             temporarily suspend such rule change if
                                                  calendar days following month end.10                                                                             it appears to the Commission that such
                                                  Thus, for example, Appendix B data for                  Proposed Rule Change Received From
                                                                                                          Members, Participants, or Others                         action is necessary or appropriate in the
                                                  May 2017 would be made available on                                                                              public interest, for the protection of
                                                  the Exchange or DEA’s Web site by                         The Exchange has neither solicited                     investors, or otherwise in furtherance of
                                                  September 28, 2017, and data for the                    nor received written comments on the                     the purposes of the Act. If the
                                                  month of June 2017 would be made                        proposed rule change.                                    Commission takes such action, the
                                                  available on the Exchange or DEA’s Web                                                                           Commission shall institute proceedings
                                                                                                          III. Date of Effectiveness of the
                                                  site by October 28, 2017.                                                                                        to determine whether the proposed rule
                                                                                                          Proposed Rule Change and Timing for
                                                  2. Statutory Basis                                      Commission Action                                        should be approved or disapproved.
                                                     The Exchange believes that its                          Because the foregoing proposed rule                   IV. Solicitation of Comments
                                                  proposal is consistent with Section 6(b)                change does not: (i) Significantly affect                  Interested persons are invited to
                                                  of the Act 11 in general, and furthers the              the protection of investors or the public                submit written data, views, and
                                                  objectives of Section 6(b)(5) of the Act 12             interest; (ii) impose any significant                    arguments concerning the foregoing,
                                                  in particular, in that it is designed to                burden on competition; and (iii) become                  including whether the proposed rule
                                                  promote just and equitable principles of                operative for 30 days from the date on                   change is consistent with the Act.
                                                  trade, to foster cooperation and                        which it was filed, or such shorter time                 Comments may be submitted by any of
                                                  coordination with persons engaged in                    as the Commission may designate, it has                  the following methods:
                                                  facilitating transactions in securities, to             become effective pursuant to Section
                                                  remove impediments to and perfect the                   19(b)(3)(A) of the Act 13 and Rule 19b–                     15 The Commission recently approved a FINRA
                                                  mechanism of a free and open market                     4(f)(6) thereunder.14                                    proposal to implement an aggregated, anonymous
                                                  and a national market system and, in                       A proposed rule change filed under                    grouped masking methodology for the publication
                                                  general, to protect investors and the                   Rule 19(b)–4(f)(6) normally does not                     of Appendix B data related to OTC trading activity.
                                                  public interest.                                        become operative prior to 30 days after                  See Securities Exchange Release No. 80551, (April
                                                                                                                                                                   28, 2017), 82 FR 20948 (May 4, 2017). See also
                                                     The Plan is designed to allow the                    the date of the filing. However, pursuant                Letter from David S. Shillman, Associate Director,
                                                  Commission, market participants, and                    to Rule 19b–4(f)(6)(iii), the Commission                 Division of Trading and Markets, Commission, to
                                                  the public to study and assess the                      may designate a shorter time if such                     Marcia E. Asquith, Executive Vice President FINRA,
                                                  impact of increment conventions on the                  action is consistent with the protection                 dated April 28, 2017.
                                                                                                                                                                      16 The Commission recently granted exemptive
                                                                                                          of investors and the public interest. The
                                                                                                                                                                   relief to the Participants delay the publication of
                                                    7 Unless otherwise defined herein, capitalized
                                                                                                          Exchange has filed the proposed rule                     their Appendix B data until August 31, 2017. See
                                                  terms have the meaning ascribed to them in              change for immediate effectiveness and                   Letter from David S. Shillman, Associate Director,
                                                  Exchange Rule 11.22.
                                                    8 See Exchange Rule 11.22.08. See also Securities     has requested that the Commission                        Division of Trading and Markets, Commission, to
                                                                                                          waive the requirement that the proposed                  Jennifer Piorko Mitchell, Vice President and Deputy
                                                  Exchange Act Release No. 80208 (March 10, 2017),                                                                 Corporate Secretary, FINRA, dated April 28, 2017.
                                                  82 FR 14092 (March 16, 2017). See also Letter from      rule change not become operative for 30                  The Commission notes that other Participants have
                                                  David S. Shillman, Associate Director, Division of      days after the date of the filing so that                submitted proposed rule changes to delay the
                                                  Trading and Markets, Commission, to Robert L.D.
                                                  Colby, Executive Vice President and Chief Legal
                                                                                                          it may become operative on the date of                   publication of Appendix B data until August 31,
                                                                                                          filing.                                                  2017. See e.g., SR–BatsBZX–2017–31; BatsBYX–
                                                  Officer, FINRA, dated February 28, 2017.                                                                         2017–10; SR–BatsEDGA–2017–10; SR–BX–2017–
                                                                                                             The Exchange notes that the proposed
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                                                    9 The Exchange initially submitted this proposed
                                                                                                                                                                   022; SR–CHX–2017–07; SR–FINRA–2017–010; SR–
                                                  rule change on April 28, 2017. (SR–BatsEDGX–            rule change is intended to mitigate                      IEX–2017–12; SR–NASDAQ–2017–044; SR-Phlx-
                                                  2017–17). On May 4, 2017, the Exchange withdrew         confidentiality concerns raised in                       2017–33; SR–NYSE–2017–19; SR–NYSEArca-2017–
                                                  SR–BatsEDGX–2017–17 and submitted this filing.                                                                   49; SR–NYSEMKT–2017–24.
                                                    10 FINRA, on behalf of the Exchange, also is
                                                                                                          connection with Section VII(A) of the
                                                                                                                                                                      17 For purposes only of waiving the operative
                                                  submitting an exemptive request to the SEC in           Plan, which provides that the data made                  delay for this proposal, the Commission has
                                                  connection with the instant filing.                                                                              considered the proposed rule’s impact on
                                                    11 15 U.S.C. 78f(b).                                   13 15   U.S.C. 78s(b)(3)(A).                            efficiency, competition, and capital formation. See
                                                    12 15 U.S.C. 78f(b)(5).                                14 17   CFR 240.19b–4(f)(6).                            15 U.S.C. 78c(f).



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                                                                                    Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices                                                            23481

                                                  Electronic Comments                                       SMALL BUSINESS ADMINISTRATION                                    The number assigned to this disaster
                                                                                                                                                                           for physical damage is 15128B and for
                                                    • Use the Commission’s Internet                         [Disaster Declaration #15128 and #15129]                       economic injury is 151290.
                                                  comment form (http://www.sec.gov/                                                                                          The State which received an EIDL
                                                  rules/sro.shtml); or                                      Texas Disaster #TX–00480
                                                                                                                                                                           Declaration # is TEXAS.
                                                    • Send an email to rule-comments@                       AGENCY: U.S. Small Business                                    (Catalog of Federal Domestic Assistance
                                                  sec.gov. Please include File Number SR–                   Administration.                                                Number 59008)
                                                  BatsEDGX–2017–19 on the subject line.                     ACTION: Notice.                                                  Dated: May 11, 2017.
                                                  Paper Comments                                            SUMMARY:    This is a notice of an                             Linda E. McMahon,
                                                                                                            Administrative declaration of a disaster                       Administrator.
                                                    • Send paper comments in triplicate                                                                                    [FR Doc. 2017–10325 Filed 5–19–17; 8:45 am]
                                                                                                            for the State of TEXAS dated 05/11/
                                                  to Secretary, Securities and Exchange                     2017.                                                          BILLING CODE 8025–01–P
                                                  Commission, 100 F Street NE.,                                Incident: Severe Storms and
                                                  Washington, DC 20549–1090.                                Tornadoes.
                                                  All submissions should refer to File                         Incident Period: 04/29/2017.
                                                                                                                                                                           SURFACE TRANSPORTATION BOARD
                                                  Number SR–BatsEDGX–2017–19. This                             Effective Date: 05/11/2017.
                                                  file number should be included on the                        Physical Loan Application Deadline                          30-Day Notice of Intent To Seek
                                                  subject line if email is used. To help the                Date: 07/10/2017.                                              Extension of Approval and Merger of
                                                  Commission process and review your                           Economic Injury (EIDL) Loan                                 Collections: Statutory Licensing
                                                  comments more efficiently, please use                     Application Deadline Date: 02/12/2018.                         Authority
                                                  only one method. The Commission will                      ADDRESSES: Submit completed loan
                                                                                                            applications to: U.S. Small Business                                 Surface Transportation Board.
                                                                                                                                                                           AGENCY:
                                                  post all comments on the Commission’s
                                                  Internet Web site (http://www.sec.gov/                    Administration, Processing and                                       Notice and request for
                                                                                                                                                                           ACTION:
                                                  rules/sro.shtml). Copies of the                           Disbursement Center, 14925 Kingsport                           comments.
                                                  submission, all subsequent                                Road, Fort Worth, TX 76155.
                                                                                                                                                                           SUMMARY: As part of its continuing effort
                                                  amendments, all written statements                        FOR FURTHER INFORMATION CONTACT: A.
                                                                                                                                                                         to reduce paperwork burdens, and as
                                                  with respect to the proposed rule                         Escobar, Office of Disaster Assistance,                      required by the Paperwork Reduction
                                                  change that are filed with the                            U.S. Small Business Administration,                          Act of 1995 (PRA), the Surface
                                                  Commission, and all written                               409 3rd Street SW., Suite 6050,                              Transportation Board (STB or Board)
                                                  communications relating to the                            Washington, DC 20416, (202) 205–6734.                        gives notice that it is requesting from
                                                  proposed rule change between the                          SUPPLEMENTARY INFORMATION: Notice is                         the Office of Management and Budget
                                                  Commission and any person, other than                     hereby given that as a result of the                         (OMB) an extension of approval for the
                                                  those that may be withheld from the                       Administrator’s disaster declaration,                        information collections required from
                                                  public in accordance with the                             applications for disaster loans may be                       those seeking licensing authority under
                                                  provisions of 5 U.S.C. 552, will be                       filed at the address listed above or other                   49 U.S.C. 10901–03 and consolidation
                                                  available for Web site viewing and                        locally announced locations.                                 authority under sections 11323–26. The
                                                                                                               The following areas have been                             Board is also seeking approval to merge
                                                  printing in the Commission’s Public
                                                                                                            determined to be adversely affected by                       into this collection (OMB Control
                                                  Reference Room, 100 F Street NE.,
                                                                                                            the disaster:                                                Number: 2140–0023) the collection of
                                                  Washington, DC 20549 on official
                                                  business days between the hours of                        Primary Counties: Van Zandt                                  information about interchange
                                                  10:00 a.m. and 3:00 p.m. Copies of the                    Contiguous Counties:                                         commitments (OMB Control Number:
                                                                                                               Texas: Henderson, Hunt, Kaufman,                          2140–0016).
                                                  filing also will be available for
                                                                                                                 Rains, Smith, Wood                                        The Board previously published a
                                                  inspection and copying at the principal
                                                                                                               The Interest Rates are:                                   notice about this collection on January
                                                  office of the Exchange. All comments
                                                                                                                                                                         26, 2017 in the Federal Register. That
                                                  received will be posted without change;                                                                                notice allowed for a 60-day public
                                                                                                                                                                Percent
                                                  the Commission does not edit personal                                                                                  review and comment period. No
                                                  identifying information from                              For Physical Damage:                                         comments were received.
                                                  submissions. You should submit only                         Homeowners With Credit Avail-
                                                                                                                                                                         DATES: Comments on this information
                                                  information that you wish to make                             able Elsewhere ......................              3.875
                                                                                                              Homeowners Without Credit                                  collection should be submitted by June
                                                  available publicly. All submissions
                                                  should refer to File Number SR–                               Available Elsewhere ..............                 1.938 21, 2017.
                                                                                                              Businesses With Credit Avail-                              ADDRESSES: Written comments should
                                                  BatsEDGX–2017–19 and should be                                able Elsewhere ......................              6.430 be identified as ‘‘Paperwork Reduction
                                                  submitted on or before June 12, 2017.                       Businesses       Without           Credit                  Act Comments, Surface Transportation
                                                    For the Commission, by the Division of                      Available Elsewhere ..............                 3.215 Board: Statutory Licensing Authority.’’
                                                  Trading and Markets, pursuant to delegated                  Non-Profit Organizations With
                                                                                                                Credit Available Elsewhere ...                     2.500
                                                                                                                                                                         These comments should be directed to
                                                  authority.18                                                                                                           the Office of Management and Budget,
                                                                                                              Non-Profit Organizations With-
                                                  Eduardo A. Aleman,                                            out Credit Available Else-                               Office of Information and Regulatory
                                                                                                                where .....................................        2.500 Affairs, Attention: Chad Lallemand,
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                                                  Assistant Secretary.
                                                  [FR Doc. 2017–10311 Filed 5–19–17; 8:45 am]               For Economic Injury:                                         Surface Transportation Board Desk
                                                                                                              Businesses & Small Agricultural                            Officer, by email at oria_submission@
                                                  BILLING CODE 8011–01–P
                                                                                                                Cooperatives Without Credit                              omb.eop.gov; by fax at (202) 395–6974;
                                                                                                                Available Elsewhere ..............                 3.215 or by mail to Room 10235, 725 17th
                                                                                                              Non-Profit Organizations With-                             Street NW., Washington, DC 20503.
                                                                                                                out Credit Available Else-
                                                                                                                where .....................................        2.500
                                                                                                                                                                         Please also direct comments to Chris
                                                    18 17   CFR 200.30–3(a)(12).                                                                                         Oehrle, Surface Transportation Board,


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Document Created: 2018-11-08 08:50:09
Document Modified: 2018-11-08 08:50:09
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 23479 

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