82_FR_25130 82 FR 25027 - Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Modify Certain Appendix B Web Site Publication Requirements Pursuant to the Regulation NMS Plan To Implement a Tick Size Pilot Program

82 FR 25027 - Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Modify Certain Appendix B Web Site Publication Requirements Pursuant to the Regulation NMS Plan To Implement a Tick Size Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 103 (May 31, 2017)

Page Range25027-25029
FR Document2017-11143

Federal Register, Volume 82 Issue 103 (Wednesday, May 31, 2017)
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Notices]
[Pages 25027-25029]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11143]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80754; File No. SR-CHX-2017-10]


Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change 
To Modify Certain Appendix B Web Site Publication Requirements Pursuant 
to the Regulation NMS Plan To Implement a Tick Size Pilot Program

May 24, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given 
that on May 15, 2017, the Chicago Stock Exchange, Inc. (``CHX'' or the 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    CHX proposes to amend Article 20, Rule 13(b) of the Rules of the 
Exchange (``CHX Rules'') to modify certain Appendix B Web site data 
publication requirements pursuant to the Regulation NMS Plan to 
Implement a Tick Size Pilot Program (``Plan'').
    The text of this proposed rule change is available on the 
Exchange's Web site at (www.chx.com) and in 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 CHX included statements 
concerning the purpose of and basis for the proposed rule changes and 
discussed any comments it received on the proposed rule change. The 
text of these

[[Page 25028]]

statements may be examined at the places specified in Item IV below. 
The CHX has prepared summaries, set forth in sections A, B and C below, 
of the most significant aspects of such statements.

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

1. Purpose
    Article 20, Rule 13(b) (Compliance with Data Collection 
Requirements) \3\ implements the data collection and Web site 
publication requirements of the Plan.\4\ Article 20, Rule 13(b)(2)(A) 
requires, among other things, that a CHX Participant \5\ that operates 
a Trading Center subject to the Plan and for which the Exchange is the 
designated examining authority (``DEA'') shall collect and transmit to 
the Exchange data described under Items I and II of Appendix B of the 
Plan. Subparagraph (v) under Article 20, Rule 13(b)(2)(A) provides, 
among other things, that the Exchange shall publish such Appendix B.I. 
and B.II. data on the CHX Web site within 120 calendar days following 
month end at no charge and shall not identify the Trading Center that 
generated the data. Paragraph .08 of the Interpretations and Policies 
under Article 20, Rule 13(b) provides, among other things, that the 
requirement that the Exchange make certain data publicly available on 
the Exchange or DEA's Web site pursuant to Appendix B and C to the Plan 
shall commence at the beginning of the Pilot Period,\6\ and that the 
Exchange shall make Appendix C.I data available to the Financial 
Industry Regulatory Authority (``FINRA'') for aggregation and 
publication on the FINRA Web site pursuant to FINRA Rules and the 
Exchange will publish Appendix B data on the Exchange Web site, which 
shall commence on August 31, 2017.\7\
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    \3\ See Securities Exchange Act Release No. 79538 (December 13, 
2016), 81 FR 91979 (December 19, 2016) (SR-CHX-2016-21); see also 
Securities Exchange Act Release No. 77469 (March 29, 2016), 81 FR 
19275 (April 4, 2016) (SR-CHX-2016-03).
    \4\ The Plan 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).
    \5\ A ``Participant'' is a ``member'' of the Exchange for 
purposes of the Act. See CHX Article 1, Rule 1(s). For clarity, the 
Exchange proposes to utilize the term ``CHX Participant'' when 
referring to members of the Exchange and the term ``Plan 
Participant'' when referring to Participants of the Plan.
    \6\ Unless otherwise defined herein, capitalized terms have the 
meaning ascribed to them in CHX Article 20, Rule 13.
    \7\ On November 30, 2016, the SEC granted exemptive relief to 
the Plan Participants to, among other things, delay the publication 
of Web site data pursuant to Appendices B and C to the Plan until 
February 28, 2017, and to delay the ongoing Web site publication by 
ninety days such that data would be published within 120 calendar 
days following the end of the month. See Letter from David S. 
Shillman, Associate Director, Division of Trading and Markets, 
Commission, to Marcia E. Asquith, Senior Vice President and 
Corporate Secretary, FINRA, dated November 30, 2016; see also SR-
CHX-2016-21, supra note 3. The Exchange filed a proposed rule change 
for immediate effectiveness that, among other things, delayed the 
date by which Pre-Pilot and Pilot Appendix B data is to be made 
publicly available on the Exchange's Web site from February 28, 
2017, until April 28, 2017. See Securities Exchange Act Release No. 
80227 (March 13, 2017), 82 FR 14263 (March 17, 2017) (SR-CHX-2017-
05). The Exchange recently filed a proposed rule change for 
immediate effectiveness that delayed the date by which Pre-Pilot and 
Pilot Appendix B data is to be made publicly available on the 
Exchange's Web site from April 28, 2017, until August 31, 2017. See 
Securities Exchange Act Release No. 80647 (May 10, 2017) (SR-CHX-
2017-07). The SEC granted exemptive relief to the Plan Participants 
to 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.
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    The Exchange is proposing to amend certain provisions under Article 
20, Rule 13(b) to comport to recent amendments to FINRA Rule 6191 \8\ 
that were adopted to mitigate confidentiality concerns previously 
raised by commenters \9\ regarding the publication of data related to 
over-the-counter (``OTC'') activity. Given that the Exchange is the DEA 
for a relatively small number of OTC Trading Centers, publishing their 
data, whether on an aggregated or a disaggregated basis, raises 
concerns that the identities of these Trading Centers could be 
determined. In order to address these concerns, pursuant to paragraph 
.15 of the Supplementary Materials of FINRA Rule 6191, FINRA will 
incorporate the firms for which the Exchange is the DEA into the 
anonymous, grouped masked methodology and publish OTC-wide statistics 
for Appendix B.I, B.II. and B.IV. data on the FINRA Web site.\10\ The 
Exchange will publish Appendix B data with respect to any Trading 
Center operated by the Exchange on the Exchange Web site. Thus, the 
Exchange proposes to amend the CHX Rules as follows:
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    \8\ See Securities Exchange Act Release No. 80551 (April 28, 
2017), 82 FR 20948 (May 4, 2017) (``Approval Order''); see also 
Securities Exchange Act Release No. 80193 (March 9, 2017), 82 FR 
13901 (March 15, 2017) (SR-FINRA-2017-006); see also infra note 10.
    \9\ See Letter from William Hebert, Managing Director, Financial 
Information Forum (``FIF''), to Robert W. Errett, Deputy Secretary, 
Commission, dated December 21, 2016 (``FIF letter''); see also 
Letter from Adam C. Cooper, Senior Managing Director and Chief Legal 
Officer, Citadel Securities, to Brent J. Fields, Secretary, 
Commission, dated December 21, 2016 (``Citadel letter''); see also 
SR-CHX-2016-21, supra note 3.
    \10\ On April 28, 2017, the SEC granted exemptive relief to 
FINRA and CHX to permit the publication of Appendix B data related 
to OTC trading activity on an aggregated basis using the anonymous, 
grouped masking methodology adopted by FINRA. See Letter from David 
S. Shillman, Associate Director, Division of Trading and Markets, 
Commission, to Marcia E. Asquith, Executive Vice President Board and 
External Relations, FINRA, dated April 28, 2017; see also Approval 
Order, supra note 8.
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     Amend Article 20, Rule 13(b)(2)(A)(v) to modify the Web 
site publication requirement to provide that the Exchange shall make 
the Appendix B.I. and B.II. data collected pursuant to current Article 
20, Rule 13(b)(2)(A) available to FINRA for aggregation and publication 
on the FINRA Web site pursuant to FINRA Rules.
     Amend paragraph .08 of the Interpretations and Policies of 
Article 20, Rule 13(b) to provide that notwithstanding the provisions 
of Article 20, Rule 13(b)(2) and (b)(3), with respect to data for the 
Pre-Pilot Period and the Pilot Period, the Exchange shall make the 
Appendix B.I. and B.II. data collected pursuant to Article 20, Rule 
13(b)(2)(A) and the Appendix C.I. data collected pursuant to Article 
20, Rule 13(b)(4)(A) available to FINRA for aggregation and publication 
on the FINRA Web site pursuant to FINRA Rules and the Exchange will 
publish Appendix B data with respect to any Trading Center operated by 
the Exchange on the Exchange Web site, which shall commence on August 
31, 2017.
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; and are not designed to 
permit unfair discrimination between customers, issuers, brokers, or 
dealers.
---------------------------------------------------------------------------

    \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

[[Page 25029]]

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 and Section VII(A) of the 
Plan because it mitigates confidentiality concerns regarding the 
identity of certain OTC Trading Centers for which the Exchange is the 
DEA.\13\
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    \13\ See supra note 9.
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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

    No written comments were either solicited or received.

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

    The Exchange asserts that the proposed rule change: (1) Will not 
significantly affect the protection of investors or the public 
interest, (2) will not impose any significant burden on competition, 
and (3) and will not become operative for 30 days from the date on 
which it was filed, or such shorter time as the Commission may 
designate. In addition, the Exchange provided the Commission with 
written notice of its intent to file the proposed rule change, along 
with a brief description and text of the proposed rule change, at least 
five business days prior to the date of filing, or such shorter time as 
designated by the Commission.\14\
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    \14\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Exchange believes that the proposed rule change raises no novel 
issues. The Exchange notes that the proposed rule change is intended to 
address the requirement in Section VII(A) of the Plan that the data 
made publicly available will not identify the Trading Center that 
generated the data, as well as the confidentiality concerns raised in 
connection with the publication of Appendix B data.\15\ The Exchange 
also notes that the proposal does not alter the information required to 
be submitted to the SEC. As such, the Exchange has designated this rule 
filing as non-controversial under Section 19(b)(3)(A) of the Act \16\ 
and paragraph (f)(6) of Rule 19b-4 thereunder.\17\
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    \15\ See supra note 9.
    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4.
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    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 under 
Section 19(b)(2)(B) of the Act 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-CHX-2017-10 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CHX-2017-10. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CHX-2017-10 and should be 
submitted on or before June 21, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-11143 Filed 5-30-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices                                                  25027

                                               of the purposes of the Act. To the                        to determine whether the proposed rule                 For the Commission, by the Division of
                                               contrary, this proposal is pro-                           should be approved or disapproved.                   Trading and Markets, pursuant to delegated
                                               competitive because it allows Penny                                                                            authority.11
                                               Pilot issues to continue trading on the                   IV. Solicitation of Comments                         Eduardo A. Aleman,
                                               Exchange.                                                                                                      Assistant Secretary.
                                                                                                           Interested persons are invited to
                                                 Moreover, the Exchange believes that                    submit written data, views, and                      [FR Doc. 2017–11144 Filed 5–30–17; 8:45 am]
                                               the proposed rule change will allow for                   arguments concerning the foregoing,                  BILLING CODE 8011–01–P
                                               further analysis of the Pilot and a                       including whether the proposed rule
                                               determination of how the Pilot should                     change is consistent with the Act.
                                               be structured in the future; and will                                                                          SECURITIES AND EXCHANGE
                                                                                                         Comments may be submitted by any of
                                               serve to promote regulatory clarity and                                                                        COMMISSION
                                                                                                         the following methods:
                                               consistency, thereby reducing burdens                                                                          [Release No. 34–80754; File No. SR–CHX–
                                               on the marketplace and facilitating                       Electronic Comments                                  2017–10]
                                               investor protection.
                                                 The Pilot is an industry-wide                             • Use the Commission’s Internet                    Self-Regulatory Organizations;
                                               initiative supported by all other option                  comment form (http://www.sec.gov/                    Chicago Stock Exchange, Inc.; Notice
                                               exchanges. The Exchange believes that                     rules/sro.shtml); or                                 of Filing and Immediate Effectiveness
                                               extending the Pilot will allow for                          • Send an email to rule-comments@                  of a Proposed Rule Change To Modify
                                               continued competition between market                      sec.gov. Please include File Number SR–              Certain Appendix B Web Site
                                               participants on the Exchange trading                      Phlx–2017–36 on the subject line.                    Publication Requirements Pursuant to
                                               similar products as their counterparts                                                                         the Regulation NMS Plan To Implement
                                               on other exchanges, while at the same                     Paper Comments                                       a Tick Size Pilot Program
                                               time allowing the Exchange to continue
                                                                                                           • Send paper comments in triplicate                May 24, 2017.
                                               to compete for order flow with other
                                               exchanges in option issues trading as                     to Secretary, Securities and Exchange                   Pursuant to Section 19(b)(1) of the
                                               part of the Pilot.                                        Commission, 100 F Street NE.,                        Securities Exchange Act of 1934
                                                                                                         Washington, DC 20549–1090.                           (‘‘Act’’),1 and Rule 19b–4 2 thereunder,
                                               C. Self-Regulatory Organization’s                                                                              notice is hereby given that on May 15,
                                               Statement on Comments on the                              All submissions should refer to File
                                                                                                         Number SR–Phlx–2017–36. This file                    2017, the Chicago Stock Exchange, Inc.
                                               Proposed Rule Change Received From                                                                             (‘‘CHX’’ or the ‘‘Exchange’’) filed with
                                               Members, Participants, or Others                          number should be included on the
                                                                                                                                                              the Securities and Exchange
                                                                                                         subject line if email is used.
                                                 No written comments were either                                                                              Commission (‘‘Commission’’) the
                                               solicited or received.                                       To help the Commission process and                proposed rule change as described in
                                                                                                         review your comments more efficiently,               Items I, II and III below, which Items
                                               III. Date of Effectiveness of the                         please use only one method. The                      have been prepared by the Exchange.
                                               Proposed Rule Change and Timing for                       Commission will post all comments on                 The Commission is publishing this
                                               Commission Action                                         the Commission’s Internet Web site                   notice to solicit comments on the
                                                  Because the foregoing proposed rule                    (http://www.sec.gov/rules/sro.shtml).                proposed rule change from interested
                                               change does not: (i) Significantly affect                    Copies of the submission, all                     persons.
                                               the protection of investors or the public                 subsequent amendments, all written                   I. Self-Regulatory Organization’s
                                               interest; (ii) impose any significant                     statements with respect to the proposed              Statement of the Terms of Substance of
                                               burden on competition; and (iii) become                   rule change that are filed with the                  the Proposed Rule Change
                                               operative for 30 days from the date on                    Commission, and all written
                                               which it was filed, or such shorter time                  communications relating to the                          CHX proposes to amend Article 20,
                                               as the Commission may designate, it has                   proposed rule change between the                     Rule 13(b) of the Rules of the Exchange
                                               become effective pursuant to Section                                                                           (‘‘CHX Rules’’) to modify certain
                                                                                                         Commission and any person, other than
                                               19(b)(3)(A)(iii) of the Act 9 and                                                                              Appendix B Web site data publication
                                                                                                         those that may be withheld from the
                                               subparagraph (f)(6) of Rule 19b–4                                                                              requirements pursuant to the Regulation
                                                                                                         public in accordance with the
                                               thereunder.10                                                                                                  NMS Plan to Implement a Tick Size
                                                                                                         provisions of 5 U.S.C. 552, will be
                                                  At any time within 60 days of the                                                                           Pilot Program (‘‘Plan’’).
                                                                                                         available for Web site viewing and                      The text of this proposed rule change
                                               filing of the proposed rule change, the                   printing in the Commission’s Public
                                               Commission summarily may                                                                                       is available on the Exchange’s Web site
                                                                                                         Reference Room, 100 F Street NE.,                    at (www.chx.com) and in the
                                               temporarily suspend such rule change if                   Washington, DC 20549, on official
                                               it appears to the Commission that such                                                                         Commission’s Public Reference Room.
                                                                                                         business days between the hours of
                                               action is: (i) Necessary or appropriate in                10:00 a.m. and 3:00 p.m. Copies of the               II. Self-Regulatory Organization’s
                                               the public interest; (ii) for the protection                                                                   Statement of the Purpose of, and
                                                                                                         filing also will be available for
                                               of investors; or (iii) otherwise in                                                                            Statutory Basis for, the Proposed Rule
                                                                                                         inspection and copying at the principal
                                               furtherance of the purposes of the Act.                                                                        Change
                                                                                                         office of the Exchange. All comments
                                               If the Commission takes such action, the
                                                                                                         received will be posted without change;                In its filing with the Commission, the
                                               Commission shall institute proceedings
                                                                                                         the Commission does not edit personal                CHX included statements concerning
                                                                                                         identifying information from                         the purpose of and basis for the
nlaroche on DSK30NT082PROD with NOTICES




                                                 9 15  U.S.C. 78s(b)(3)(A)(iii).
                                                 10 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      submissions. You should submit only                  proposed rule changes and discussed
                                               4(f)(6) requires a self-regulatory organization to give   information that you wish to make                    any comments it received on the
                                               the Commission written notice of its intent to file       available publicly.                                  proposed rule change. The text of these
                                               the proposed rule change at least five business days
                                               prior to the date of filing of the proposed rule          All submissions should refer to File                   11 17 CFR 200.30–3(a)(12).
                                               change, or such shorter time as designated by the
                                               Commission. The Exchange has satisfied this
                                                                                                         Number SR–Phlx–2017–36 and should                      1 15 U.S.C. 78s(b)(1).
                                               requirement.                                              be submitted on or before June 21, 2017.               2 17 CFR 240.19b–4.




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                                               25028                         Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices

                                               statements may be examined at the                        Appendix B data on the Exchange Web                     B.IV. data on the FINRA Web site.10 The
                                               places specified in Item IV below. The                   site, which shall commence on August                    Exchange will publish Appendix B data
                                               CHX has prepared summaries, set forth                    31, 2017.7                                              with respect to any Trading Center
                                               in sections A, B and C below, of the                        The Exchange is proposing to amend                   operated by the Exchange on the
                                               most significant aspects of such                         certain provisions under Article 20,                    Exchange Web site. Thus, the Exchange
                                               statements.                                              Rule 13(b) to comport to recent                         proposes to amend the CHX Rules as
                                                                                                                                                                follows:
                                               A. Self-Regulatory Organization’s                        amendments to FINRA Rule 6191 8 that                      • Amend Article 20, Rule
                                               Statement of the Purpose of, and the                     were adopted to mitigate confidentiality                13(b)(2)(A)(v) to modify the Web site
                                               Statutory Basis for, the Proposed Rule                   concerns previously raised by                           publication requirement to provide that
                                               Change                                                   commenters 9 regarding the publication                  the Exchange shall make the Appendix
                                               1. Purpose                                               of data related to over-the-counter                     B.I. and B.II. data collected pursuant to
                                                                                                        (‘‘OTC’’) activity. Given that the                      current Article 20, Rule 13(b)(2)(A)
                                                  Article 20, Rule 13(b) (Compliance                    Exchange is the DEA for a relatively
                                               with Data Collection Requirements) 3                                                                             available to FINRA for aggregation and
                                                                                                        small number of OTC Trading Centers,                    publication on the FINRA Web site
                                               implements the data collection and Web                   publishing their data, whether on an
                                               site publication requirements of the                                                                             pursuant to FINRA Rules.
                                               Plan.4 Article 20, Rule 13(b)(2)(A)
                                                                                                        aggregated or a disaggregated basis,                      • Amend paragraph .08 of the
                                                                                                        raises concerns that the identities of                  Interpretations and Policies of Article
                                               requires, among other things, that a CHX
                                                                                                        these Trading Centers could be                          20, Rule 13(b) to provide that
                                               Participant 5 that operates a Trading
                                                                                                        determined. In order to address these                   notwithstanding the provisions of
                                               Center subject to the Plan and for which
                                                                                                        concerns, pursuant to paragraph .15 of                  Article 20, Rule 13(b)(2) and (b)(3), with
                                               the Exchange is the designated
                                                                                                        the Supplementary Materials of FINRA                    respect to data for the Pre-Pilot Period
                                               examining authority (‘‘DEA’’) shall
                                               collect and transmit to the Exchange                     Rule 6191, FINRA will incorporate the                   and the Pilot Period, the Exchange shall
                                               data described under Items I and II of                   firms for which the Exchange is the DEA                 make the Appendix B.I. and B.II. data
                                               Appendix B of the Plan. Subparagraph                     into the anonymous, grouped masked                      collected pursuant to Article 20, Rule
                                               (v) under Article 20, Rule 13(b)(2)(A)                   methodology and publish OTC-wide                        13(b)(2)(A) and the Appendix C.I. data
                                               provides, among other things, that the                   statistics for Appendix B.I, B.II. and                  collected pursuant to Article 20, Rule
                                               Exchange shall publish such Appendix                                                                             13(b)(4)(A) available to FINRA for
                                               B.I. and B.II. data on the CHX Web site                     7 On November 30, 2016, the SEC granted              aggregation and publication on the
                                               within 120 calendar days following                       exemptive relief to the Plan Participants to, among     FINRA Web site pursuant to FINRA
                                                                                                        other things, delay the publication of Web site data    Rules and the Exchange will publish
                                               month end at no charge and shall not                     pursuant to Appendices B and C to the Plan until
                                               identify the Trading Center that                         February 28, 2017, and to delay the ongoing Web         Appendix B data with respect to any
                                               generated the data. Paragraph .08 of the                 site publication by ninety days such that data          Trading Center operated by the
                                               Interpretations and Policies under                       would be published within 120 calendar days             Exchange on the Exchange Web site,
                                                                                                        following the end of the month. See Letter from         which shall commence on August 31,
                                               Article 20, Rule 13(b) provides, among                   David S. Shillman, Associate Director, Division of
                                               other things, that the requirement that                  Trading and Markets, Commission, to Marcia E.           2017.
                                               the Exchange make certain data publicly                  Asquith, Senior Vice President and Corporate
                                                                                                        Secretary, FINRA, dated November 30, 2016; see
                                                                                                                                                                2. Statutory Basis
                                               available on the Exchange or DEA’s Web
                                               site pursuant to Appendix B and C to
                                                                                                        also SR–CHX–2016–21, supra note 3. The Exchange            The Exchange believes that its
                                                                                                        filed a proposed rule change for immediate              proposal is consistent with Section 6(b)
                                               the Plan shall commence at the                           effectiveness that, among other things, delayed the
                                               beginning of the Pilot Period,6 and that                 date by which Pre-Pilot and Pilot Appendix B data       of the Act 11 in general, and furthers the
                                               the Exchange shall make Appendix C.I                     is to be made publicly available on the Exchange’s      objectives of Section 6(b)(5) of the Act 12
                                               data available to the Financial Industry
                                                                                                        Web site from February 28, 2017, until April 28,        in particular, in that it is designed to
                                                                                                        2017. See Securities Exchange Act Release No.           promote just and equitable principles of
                                               Regulatory Authority (‘‘FINRA’’) for                     80227 (March 13, 2017), 82 FR 14263 (March 17,
                                               aggregation and publication on the                       2017) (SR–CHX–2017–05). The Exchange recently           trade, to foster cooperation and
                                               FINRA Web site pursuant to FINRA                         filed a proposed rule change for immediate              coordination with persons engaged in
                                               Rules and the Exchange will publish
                                                                                                        effectiveness that delayed the date by which Pre-       facilitating transactions in securities, to
                                                                                                        Pilot and Pilot Appendix B data is to be made           remove impediments to and perfect the
                                                                                                        publicly available on the Exchange’s Web site from
                                                  3 See Securities Exchange Act Release No. 79538       April 28, 2017, until August 31, 2017. See              mechanism of a free and open market
                                               (December 13, 2016), 81 FR 91979 (December 19,           Securities Exchange Act Release No. 80647 (May          and a national market system and, in
                                               2016) (SR–CHX–2016–21); see also Securities              10, 2017) (SR–CHX–2017–07). The SEC granted             general, to protect investors and the
                                               Exchange Act Release No. 77469 (March 29, 2016),         exemptive relief to the Plan Participants to delay
                                               81 FR 19275 (April 4, 2016) (SR–CHX–2016–03).
                                                                                                                                                                public interest; and are not designed to
                                                                                                        the publication of their Appendix B data until
                                                  4 The Plan Participants filed the Plan to comply      August 31, 2017. See Letter from David S. Shillman,     permit unfair discrimination between
                                               with an order issued by the Commission on June           Associate Director, Division of Trading and             customers, issuers, brokers, or dealers.
                                               24, 2014. See Letter from Brendon J. Weiss, Vice         Markets, Commission, to Jennifer Piorko Mitchell,          The Plan is designed to allow the
                                               President, Intercontinental Exchange, Inc., to           Vice President and Deputy Corporate Secretary,          Commission, market participants, and
                                               Secretary, Commission, dated August 25, 2014             FINRA, dated April 28, 2017.
                                               (‘‘SRO Tick Size Plan Proposal’’). See Securities           8 See Securities Exchange Act Release No. 80551
                                                                                                                                                                the public to study and assess the
                                               Exchange Act Release No 72460 (June 24, 2014), 79        (April 28, 2017), 82 FR 20948 (May 4, 2017)
                                               FR 36840 (June 30, 2014); see also Securities                                                                      10 On April 28, 2017, the SEC granted exemptive
                                                                                                        (‘‘Approval Order’’); see also Securities Exchange
                                               Exchange Act Release No. 74892 (May 6, 2015), 80         Act Release No. 80193 (March 9, 2017), 82 FR            relief to FINRA and CHX to permit the publication
                                               FR 27513 (May 13, 2015).                                 13901 (March 15, 2017) (SR–FINRA–2017–006); see         of Appendix B data related to OTC trading activity
                                                  5 A ‘‘Participant’’ is a ‘‘member’’ of the Exchange   also infra note 10.                                     on an aggregated basis using the anonymous,
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                                               for purposes of the Act. See CHX Article 1, Rule            9 See Letter from William Hebert, Managing           grouped masking methodology adopted by FINRA.
                                               1(s). For clarity, the Exchange proposes to utilize      Director, Financial Information Forum (‘‘FIF’’), to     See Letter from David S. Shillman, Associate
                                               the term ‘‘CHX Participant’’ when referring to           Robert W. Errett, Deputy Secretary, Commission,         Director, Division of Trading and Markets,
                                               members of the Exchange and the term ‘‘Plan              dated December 21, 2016 (‘‘FIF letter’’); see also      Commission, to Marcia E. Asquith, Executive Vice
                                               Participant’’ when referring to Participants of the      Letter from Adam C. Cooper, Senior Managing             President Board and External Relations, FINRA,
                                               Plan.                                                    Director and Chief Legal Officer, Citadel Securities,   dated April 28, 2017; see also Approval Order,
                                                  6 Unless otherwise defined herein, capitalized        to Brent J. Fields, Secretary, Commission, dated        supra note 8.
                                                                                                                                                                  11 15 U.S.C. 78f(b).
                                               terms have the meaning ascribed to them in CHX           December 21, 2016 (‘‘Citadel letter’’); see also SR–
                                               Article 20, Rule 13.                                     CHX–2016–21, supra note 3.                                12 15 U.S.C. 78f(b)(5).




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                                                                             Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices                                                    25029

                                               impact of increment conventions on the                  as non-controversial under Section                       10:00 a.m. and 3:00 p.m. Copies of the
                                               liquidity and trading of the common                     19(b)(3)(A) of the Act 16 and paragraph                  filing also will be available for
                                               stock of small-capitalization companies.                (f)(6) of Rule 19b–4 thereunder.17                       inspection and copying at the principal
                                               The Exchange believes that this                            At any time within 60 days of the                     office of the Exchange. All comments
                                               proposal is consistent with the Act and                 filing of the proposed rule change, the                  received will be posted without change;
                                               Section VII(A) of the Plan because it                   Commission summarily may                                 the Commission does not edit personal
                                               mitigates confidentiality concerns                      temporarily suspend such rule change if                  identifying information from
                                               regarding the identity of certain OTC                   it appears to the Commission that such                   submissions. You should submit only
                                               Trading Centers for which the Exchange                  action is necessary or appropriate in the                information that you wish to make
                                               is the DEA.13                                           public interest, for the protection of                   available publicly. All submissions
                                                                                                       investors, or otherwise in furtherance of                should refer to File Number SR–CHX–
                                               B. Self-Regulatory Organization’s                       the purposes of the Act. If the                          2017–10 and should be submitted on or
                                               Statement on Burden on Competition                      Commission takes such action, the                        before June 21, 2017.
                                                 The Exchange does not believe that                    Commission shall institute proceedings                     For the Commission, by the Division of
                                               the proposed rule change will result in                 under Section 19(b)(2)(B) of the Act to                  Trading and Markets, pursuant to delegated
                                               any burden on competition that is not                   determine whether the proposed rule                      authority.18
                                               necessary or appropriate in furtherance                 should be approved or disapproved.                       Eduardo A. Aleman,
                                               of the purposes of the Act. The
                                                                                                       IV. Solicitation of Comments                             Assistant Secretary.
                                               Exchange notes that the proposed rule
                                                                                                         Interested persons are invited to                      [FR Doc. 2017–11143 Filed 5–30–17; 8:45 am]
                                               change implements the provisions of the
                                               Plan.                                                   submit written data, views, and                          BILLING CODE 8011–01–P

                                                                                                       arguments concerning the foregoing,
                                               C. Self-Regulatory Organization’s                       including whether the proposed rule
                                               Statement on Comments on the                            change is consistent with the Act.                       SECURITIES AND EXCHANGE
                                               Proposed Rule Change Received From                      Comments may be submitted by any of                      COMMISSION
                                               Members, Participants, or Others                        the following methods:                                   Sunshine Act Meeting
                                                 No written comments were either
                                                                                                       Electronic Comments
                                               solicited or received.                                                                                              Notice is hereby given, pursuant to
                                                                                                         • Use the Commission’s Internet                        the provisions of the Government in the
                                               III. Date of Effectiveness of the                       comment form (http://www.sec.gov/                        Sunshine Act, Public Law 94–409, that
                                               Proposed Rule Change and Timing for                     rules/sro.shtml); or                                     the Securities and Exchange
                                               Commission Action                                         • Send an email to rule-comments@                      Commission will hold a closed meeting
                                                  The Exchange asserts that the                        sec.gov. Please include File Number SR–                  on Thursday, June 1, 2017 at 2 p.m.
                                               proposed rule change: (1) Will not                      CHX–2017–10 on the subject line.                            Commissioners, Counsel to the
                                               significantly affect the protection of                  Paper Comments                                           Commissioners, the Secretary to the
                                               investors or the public interest, (2) will                                                                       Commission, and recording secretaries
                                               not impose any significant burden on                      • Send paper comments in triplicate                    will attend the closed meeting. Certain
                                               competition, and (3) and will not                       to Secretary, Securities and Exchange                    staff members who have an interest in
                                               become operative for 30 days from the                   Commission, 100 F Street NE.,                            the matters also may be present.
                                               date on which it was filed, or such                     Washington, DC 20549–1090.                                  The General Counsel of the
                                               shorter time as the Commission may                      All submissions should refer to File                     Commission, or his designee, has
                                               designate. In addition, the Exchange                    Number SR–CHX–2017–10. This file                         certified that, in his opinion, one or
                                               provided the Commission with written                    number should be included on the                         more of the exemptions set forth in 5
                                               notice of its intent to file the proposed               subject line if email is used. To help the               U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
                                               rule change, along with a brief                         Commission process and review your                       and 17 CFR 200.402(a)(3), (a)(5), (a)(7),
                                               description and text of the proposed                    comments more efficiently, please use                    (a)(9)(ii) and (a)(10), permit
                                               rule change, at least five business days                only one method. The Commission will                     consideration of the scheduled matter at
                                               prior to the date of filing, or such                    post all comments on the Commission’s                    the closed meeting.
                                               shorter time as designated by the                       Internet Web site (http://www.sec.gov/                      Chairman Clayton, as duty officer,
                                               Commission.14                                           rules/sro.shtml). Copies of the                          voted to consider the items listed for the
                                                  The Exchange believes that the                       submission, all subsequent                               closed meeting in closed session.
                                               proposed rule change raises no novel                    amendments, all written statements                          The subject matter of the closed
                                               issues. The Exchange notes that the                     with respect to the proposed rule                        meeting will be:
                                               proposed rule change is intended to                     change that are filed with the                              Institution and settlement of
                                               address the requirement in Section                      Commission, and all written                              injunctive actions;
                                               VII(A) of the Plan that the data made                   communications relating to the                              Institution and settlement of
                                               publicly available will not identify the                proposed rule change between the                         administrative proceedings; and
                                               Trading Center that generated the data,                 Commission and any person, other than                       Other matters relating to enforcement
                                               as well as the confidentiality concerns                 those that may be withheld from the                      proceedings.
                                               raised in connection with the                           public in accordance with the                               At times, changes in Commission
                                               publication of Appendix B data.15 The                   provisions of 5 U.S.C. 552, will be                      priorities require alterations in the
                                               Exchange also notes that the proposal                   available for Web site viewing and                       scheduling of meeting items.
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                                               does not alter the information required                 printing in the Commission’s Public                         For further information and to
                                               to be submitted to the SEC. As such, the                Reference Room, 100 F Street NE.,                        ascertain what, if any, matters have been
                                               Exchange has designated this rule filing                Washington, DC 20549 on official                         added, deleted or postponed; please
                                                                                                       business days between the hours of                       contact Brent J. Fields from the Office of
                                                 13 See supra note 9.                                                                                           the Secretary at (202) 551–5400.
                                                 14 17 CFR 240.19b–4(f)(6)(iii).                        16 15   U.S.C. 78s(b)(3)(A).
                                                 15 See supra note 9.                                   17 17   CFR 240.19b–4.                                    18 17   CFR 200.30–3(a)(12).



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Document Created: 2017-05-31 05:59:44
Document Modified: 2017-05-31 05:59:44
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 25027 

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