82_FR_27854 82 FR 27739 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Exchange's Authority To Grant Exemptions From the OATS Requirements

82 FR 27739 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Exchange's Authority To Grant Exemptions From the OATS Requirements

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 115 (June 16, 2017)

Page Range27739-27741
FR Document2017-12457

Federal Register, Volume 82 Issue 115 (Friday, June 16, 2017)
[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Notices]
[Pages 27739-27741]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12457]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80906; File No. SR-NYSE-2017-28]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Extend the Exchange's Authority To Grant Exemptions From the OATS 
Requirements

June 12, 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 June 2, 2017, New York Stock Exchange LLC (``NYSE'' or the 
``Exchange'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
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

    The Exchange proposes to amend Rule 7470 (Exemption to the Order 
Recording and Data Transmission Requirements) to extend until November 
15, 2019 the ability to exempt certain members from the recording and 
order data transmission requirements of Rules 7440 and 7450, 
respectively, for manual orders. The proposed rule change is available 
on the Exchange's Web site at www.nyse.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 self-regulatory organization 
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 those 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
    The Exchange's Rule 7400 Series consists of NYSE Rules 7410 through 
7470 and sets forth the recording and reporting requirements of the 
Order Audit Trail System (``OATS'') Rules. The OATS Rules require all 
Exchange member organizations and associated persons to record in 
electronic form and report to the Financial Industry Regulatory 
Authority, Inc. (``FINRA''), on a daily basis, certain information with 
respect to orders originated, received, transmitted, modified, 
canceled, or executed by members in all NMS stocks, as that term is 
defined in Rule 600(b)(47) of Regulation NMS,\3\ traded on the 
Exchange. This information is used by FINRA staff to conduct 
surveillance and investigations of member firms for violations of FINRA 
rules and federal securities laws. Rule 7470 provides the Exchange with 
the authority to exempt certain members from the recording and 
reporting requirements and from the recording and order data 
transmission requirements of Rules 7440 and 7450, respectively, for 
manual orders if such exemption is consistent with the protection of 
investors and the public interest, and the member organization

[[Page 27740]]

meets the criteria set forth in paragraph (a) of the Rule.\4\
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    \3\ 17 CFR 242.600(b)(47).
    \4\ The criteria are as follows: (1) The member organization and 
current control affiliates and associated persons have not been 
subject within the last five years to any final disciplinary action, 
and within the last ten years to any disciplinary action involving 
fraud; (2) the member organization has annual revenues of less than 
$2 million; (3) the member organization does not conduct any market 
making activities in NMS stocks; (4) the member organization does 
not execute principal transactions with its customers (with limited 
exception for principal transactions executed pursuant to error 
corrections); and (5) the member organization does not conduct 
clearing or carrying activities for other firms.
---------------------------------------------------------------------------

    Rule 7470 contains a sunset provision, which was July 10, 2015. In 
June 2015, FINRA filed a proposed rule change to extend the sunset 
provision until July 10, 2019.\5\ The Exchange proposes to amend Rule 
7470 to extend the provision until November 15, 2019. The proposed 
change would correct an oversight in not filing when the sunset 
provision expired in 2015.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 75160 (June 11, 
2015), 80 FR 34727 (June 17, 2015) (SR-FINRA-2015-016).
---------------------------------------------------------------------------

    The Exchange believes it would be appropriate to extend the sunset 
provision in Rule 7470 to November 15, 2019 rather than the July 10, 
2019 date in the FINRA Rule. At the time FINRA filed its proposed rule 
change, the National Market System Plan Governing the Consolidated 
Audit Trail (the ``CAT NMS Plan'') \6\ had not been approved by the 
Commission. The CAT NMS Plan was approved by the Commission, as 
modified, on November 15, 2016.\7\ On March 21, 2017, the Commission 
approved the Exchange's new Rule 6800 Series to implement provisions of 
the CAT NMS Plan that are applicable to Exchange member 
organizations.\8\ Rule 6895(c)(2) requires each Industry Member that is 
a Small Industry Member to record and report the Industry Member Data 
to the Central Repository by November 15, 2019.
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    \6\ Unless otherwise specified, capitalized terms used in this 
rule filing are defined as set forth herein or in the CAT NMS Plan.
    \7\ Securities Exchange Act Release No. 79318 (November 15, 
2016), 81 FR 84696 (November 23, 2016) (Order Approving the National 
Market System Plan Governing the Consolidated Audit Trail).
    \8\ See Securities Exchange Act Release No. 80256 (March 15, 
2017), 82 FR 14526 (March 21, 2017) (SR-NYSE-2017-01) (Order 
Approving Proposed Rule Changes to Adopt Consolidated Audit Trail 
Compliance Rules).
---------------------------------------------------------------------------

    The Exchange believes that extending the sunset provision in Rule 
7470 to the same date that all Small Industry Members must report to 
the CAT is appropriate and would permit such firms relying on the 
exemption to continue to do so provided they meet the criteria to 
qualify until that time. The Exchange is not proposing any substantive 
changes to the criteria necessary for firms to qualify for an exemption 
and notes that all of those member organizations currently reporting to 
OATS or relying on an exemption from OATS reporting will be reporting 
to the CAT by November 15, 2019.\9\
---------------------------------------------------------------------------

    \9\ Rule 6895(c)(1) requires each Industry Member (other than a 
Small Industry Member) to record and report the Industry Member Data 
to the Central Repository by November 15, 2018.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\10\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\11\ in particular, because it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, and 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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    In particular, the Exchange believes amending Rule 7470 to extend 
until November 15, 2019 the ability to exempt certain members from the 
recording and order data transmission requirements of Rules 7440 and 
7450, respectively, for manual orders, is consistent with Section 
6(b)(5) of the Act \12\ because it would enable the Exchange to exempt 
manual orders received by certain small firms from the OATS Rules and 
avoid imposing potentially unnecessary expense or hardship on those 
firms that qualify for the exemption as they transition to reporting 
order information to the CAT Central Repository. As noted, the proposed 
sunset provision is the same date that all Small Industry Members must 
report to the CAT. Further, the Exchange is not proposing any 
substantive changes to the criteria necessary for firms to qualify for 
an exemption, which will continue to ensure that only those firms with 
limited revenue, no recent final disciplinary actions, and limited 
business models will remain eligible for the exemption. The Exchange 
accordingly believes that the proposed rule change is consistent with 
the protection of investors and the public interest.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed change is not 
designed to address any competitive issue but rather, as noted above, 
would enable the Exchange to exempt manual orders received by certain 
small firms from the OATS reporting requirements through November 15, 
2019, the same date that all Small Industry Members must report to the 
CAT, and thereby avoid imposing potentially unnecessary expense or 
hardship on those firms that qualify for the exemption as they 
transition to reporting order information to the CAT Central 
Repository.

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

    No written comments were solicited or received with respect to the 
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\ 
Because the 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 prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\15\
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    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to 
provide the Commission with written notice of its intent to file the 
proposed rule change, along with a brief description and the text of 
the proposed rule change, at least five business days prior to the 
date of filing of the proposed rule change, or such shorter time as 
designated by the Commission. The Exchange has complied with this 
requirement.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposed rule change will become operative 
immediately upon filing. In support of its request, the Exchange stated 
that waiver of the operative delay would

[[Page 27741]]

continue to enable the Exchange to grant small firms exemptions from 
the OATS requirements as those firms are preparing to report 
information to the CAT Central Repository, thereby avoiding potentially 
unnecessary expense or hardship on firms that qualify for the 
exemption.
    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest. 
Absent such action, a small firm that otherwise would qualify for an 
exemption would have to comply with the Exchange requirements to record 
and report manual orders to OATS because the Exchange would not have 
the authority to grant an exemption during the 30-day pre-operative 
period. The Commission agrees with the Exchange that waiving the 30-day 
operative delay would enable the Exchange, in appropriate cases, to 
prevent unnecessary expense being imposed on small firms. Therefore, 
the Commission hereby waives the operative delay and designates the 
proposed rule change operative upon filing.\16\
---------------------------------------------------------------------------

    \16\ For purposes only of waiving the 30-day operative delay, 
the Commission has also 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 such 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 \17\ to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 rule-comments@sec.gov. Please include 
File Number SR-NYSE-2017-28 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-NYSE-2017-28. 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-NYSE-2017-28 and should be 
submitted on or before July 7, 2017.
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    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-12457 Filed 6-15-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Notices                                            27739

                                                companies or other companies having                     approval is currently not available to the              Recording and Data Transmission
                                                outstanding but infrequently traded                     public from FINRA.                                      Requirements) to extend until
                                                securities. Subject to certain exceptions,                An agency may not conduct or                          November 15, 2019 the ability to exempt
                                                the Rule prohibits broker-dealers from                  sponsor, and a person is not required to                certain members from the recording and
                                                publishing a quotation for a security, or               respond to, a collection of information                 order data transmission requirements of
                                                submitting a quotation for publication,                 under the PRA unless it displays a                      Rules 7440 and 7450, respectively, for
                                                in a quotation medium unless they have                  currently valid OMB control number.                     manual orders. The proposed rule
                                                reviewed specified information                            The public may view background                        change is available on the Exchange’s
                                                concerning the security and the issuer.                 documentation for this information                      Web site at www.nyse.com, at the
                                                   Based on information provided by                     collection at the following Web site,                   principal office of the Exchange, and at
                                                Financial Industry Regulatory                           www.reginfo.gov. Comments should be                     the Commission’s Public Reference
                                                Authority, Inc. (‘‘FINRA’’), in the 2016                directed to: (i) Desk Officer for the                   Room.
                                                calendar year, FINRA received                           Securities and Exchange Commission,
                                                approximately 461 applications from                     Office of Information and Regulatory                    II. Self-Regulatory Organization’s
                                                broker-dealers to initiate or resume                    Affairs, Office of Management and                       Statement of the Purpose of, and
                                                publication of quotes of covered OTC                    Budget, Room 10102, New Executive                       Statutory Basis for, the Proposed Rule
                                                securities on the OTC Bulletin Board                    Office Building, Washington, DC 20503,                  Change
                                                and/or OTC Link or other quotation                      or by sending an email to: Shagufta_                      In its filing with the Commission, the
                                                mediums. We estimate that (i) 195 of the                Ahmed@omb.eop.gov; and (ii) Pamela                      self-regulatory organization included
                                                covered OTC securities were issued by                   Dyson, Director/Chief Information                       statements concerning the purpose of,
                                                reporting issuers, while the other 266                  Officer, Securities and Exchange                        and basis for, the proposed rule change
                                                were issued by non-reporting issuers,                   Commission, c/o Remi Pavlik-Simon, or                   and discussed any comments it received
                                                and (ii) it will take a broker-dealer about             by sending an email to: PRA_Mailbox@                    on the proposed rule change. The text
                                                4 hours to review, record and retain the                sec.gov. Comments must be submitted to                  of those statements may be examined at
                                                information pertaining to a reporting                   OMB within 30 days of this notice.                      the places specified in Item IV below.
                                                issuer, and about 8 hours to review,                      Dated: June 13, 2017.                                 The Exchange has prepared summaries,
                                                record and retain the information                       Eduardo A. Aleman,                                      set forth in sections A, B, and C below,
                                                pertaining to a non-reporting issuer.                   Assistant Secretary.                                    of the most significant parts of such
                                                   We therefore estimate that broker-                                                                           statements.
                                                                                                        [FR Doc. 2017–12536 Filed 6–15–17; 8:45 am]
                                                dealers who initiate or resume
                                                publication of quotations for covered                   BILLING CODE 8011–01–P                                  A. Self-Regulatory Organization’s
                                                OTC securities of reporting issuers will                                                                        Statement of the Purpose of, and the
                                                require 780 hours (195 × 4) to review,                                                                          Statutory Basis for, the Proposed Rule
                                                                                                        SECURITIES AND EXCHANGE                                 Change
                                                record and retain the information
                                                                                                        COMMISSION
                                                required by the Rule. We estimate that                                                                          1. Purpose
                                                broker-dealers who initiate or resume                   [Release No. 34–80906; File No. SR–NYSE–
                                                publication of quotations for covered                   2017–28]                                                   The Exchange’s Rule 7400 Series
                                                OTC securities of non-reporting issuers                                                                         consists of NYSE Rules 7410 through
                                                will require 2,128 hours (266 × 8) to                   Self-Regulatory Organizations; New                      7470 and sets forth the recording and
                                                review, record and retain the                           York Stock Exchange LLC; Notice of                      reporting requirements of the Order
                                                information required by the Rule. Thus,                 Filing and Immediate Effectiveness of                   Audit Trail System (‘‘OATS’’) Rules.
                                                we estimate the total annual burden                     Proposed Rule Change To Extend the                      The OATS Rules require all Exchange
                                                hours for broker-dealers to initiate or                 Exchange’s Authority To Grant                           member organizations and associated
                                                resume publication of quotations of                     Exemptions From the OATS                                persons to record in electronic form and
                                                covered OTC securities to be 2908 hours                 Requirements                                            report to the Financial Industry
                                                (780 + 2,128). The Commission believes                  June 12, 2017.                                          Regulatory Authority, Inc. (‘‘FINRA’’),
                                                that the compliance costs for these 2,908                  Pursuant to Section 19(b)(1) of the                  on a daily basis, certain information
                                                hours would be borne by internal staff                  Securities Exchange Act of 1934 (the                    with respect to orders originated,
                                                working at a rate of $57 per hour.1                     ‘‘Act’’) 1 and Rule 19b–4 thereunder,2                  received, transmitted, modified,
                                                   Subject to certain exceptions, the Rule              notice is hereby given that on June 2,                  canceled, or executed by members in all
                                                prohibits broker-dealers from publishing                2017, New York Stock Exchange LLC                       NMS stocks, as that term is defined in
                                                a quotation for a security, or submitting               (‘‘NYSE’’ or the ‘‘Exchange’’) filed with               Rule 600(b)(47) of Regulation NMS,3
                                                a quotation for publication, in a                       the Securities and Exchange                             traded on the Exchange. This
                                                quotation medium unless they have                       Commission (the ‘‘Commission’’) the                     information is used by FINRA staff to
                                                reviewed specified information                          proposed rule change as described in                    conduct surveillance and investigations
                                                concerning the security and the issuer.                 Items I and II below, which Items have                  of member firms for violations of FINRA
                                                The broker-dealer must also make the                    been prepared by the Exchange. The                      rules and federal securities laws. Rule
                                                information reasonably available upon                   Commission is publishing this notice to                 7470 provides the Exchange with the
                                                request to any person expressing an                     solicit comments on the proposed rule                   authority to exempt certain members
                                                interest in a proposed transaction in the               change from interested persons.                         from the recording and reporting
                                                security with such broker or dealer. The                                                                        requirements and from the recording
                                                                                                        I. Self-Regulatory Organization’s
sradovich on DSK3GMQ082PROD with NOTICES




                                                collection of information that is                                                                               and order data transmission
                                                submitted to FINRA for review and                       Statement of the Terms of Substance of                  requirements of Rules 7440 and 7450,
                                                                                                        the Proposed Rule Change                                respectively, for manual orders if such
                                                  1 $57 per hour figure for a General Clerk is from
                                                                                                           The Exchange proposes to amend                       exemption is consistent with the
                                                SIFMA’s Office Salaries in the Securities Industry                                                              protection of investors and the public
                                                2013, modified by Commission staff to account for
                                                                                                        Rule 7470 (Exemption to the Order
                                                an 1800-hourwork-year and inflation, and                                                                        interest, and the member organization
                                                                                                          1 15   U.S.C. 78s(b)(1).
                                                multiplied by 2.93 to account for bonuses, firm size,
                                                employee benefits and overhead.                           2 17   CFR 240.19b–4.                                  3 17   CFR 242.600(b)(47).



                                           VerDate Sep<11>2014   17:12 Jun 15, 2017   Jkt 241001   PO 00000   Frm 00065    Fmt 4703   Sfmt 4703   E:\FR\FM\16JNN1.SGM    16JNN1


                                                27740                           Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Notices

                                                meets the criteria set forth in paragraph               The Exchange is not proposing any                      B. Self-Regulatory Organization’s
                                                (a) of the Rule.4                                       substantive changes to the criteria                    Statement on Burden on Competition
                                                   Rule 7470 contains a sunset                          necessary for firms to qualify for an                     The Exchange does not believe that
                                                provision, which was July 10, 2015. In                  exemption and notes that all of those                  the proposed rule change will impose
                                                June 2015, FINRA filed a proposed rule                  member organizations currently                         any burden on competition that is not
                                                change to extend the sunset provision                   reporting to OATS or relying on an                     necessary or appropriate in furtherance
                                                until July 10, 2019.5 The Exchange                      exemption from OATS reporting will be                  of the purposes of the Act. The
                                                proposes to amend Rule 7470 to extend                   reporting to the CAT by November 15,                   proposed change is not designed to
                                                the provision until November 15, 2019.                  2019.9                                                 address any competitive issue but
                                                The proposed change would correct an                                                                           rather, as noted above, would enable the
                                                oversight in not filing when the sunset                 2. Statutory Basis
                                                                                                                                                               Exchange to exempt manual orders
                                                provision expired in 2015.                                                                                     received by certain small firms from the
                                                   The Exchange believes it would be                       The Exchange believes that the
                                                                                                        proposed rule change is consistent with                OATS reporting requirements through
                                                appropriate to extend the sunset
                                                                                                        Section 6(b) of the Act,10 in general, and             November 15, 2019, the same date that
                                                provision in Rule 7470 to November 15,
                                                                                                        furthers the objectives of Section 6(b)(5)             all Small Industry Members must report
                                                2019 rather than the July 10, 2019 date
                                                                                                        of the Act,11 in particular, because it is             to the CAT, and thereby avoid imposing
                                                in the FINRA Rule. At the time FINRA
                                                                                                        designed to prevent fraudulent and                     potentially unnecessary expense or
                                                filed its proposed rule change, the
                                                                                                        manipulative acts and practices, to                    hardship on those firms that qualify for
                                                National Market System Plan Governing
                                                                                                        promote just and equitable principles of               the exemption as they transition to
                                                the Consolidated Audit Trail (the ‘‘CAT
                                                                                                        trade, to foster cooperation and                       reporting order information to the CAT
                                                NMS Plan’’) 6 had not been approved by
                                                                                                                                                               Central Repository.
                                                the Commission. The CAT NMS Plan                        coordination with persons engaged in
                                                was approved by the Commission, as                      facilitating transactions in securities,               C. Self-Regulatory Organization’s
                                                modified, on November 15, 2016.7 On                     and to remove impediments to and                       Statement on Comments on the
                                                March 21, 2017, the Commission                          perfect the mechanism of a free and                    Proposed Rule Change Received From
                                                approved the Exchange’s new Rule 6800                   open market and a national market                      Members, Participants, or Others
                                                Series to implement provisions of the                   system, and, in general to protect                       No written comments were solicited
                                                CAT NMS Plan that are applicable to                     investors and the public interest.                     or received with respect to the proposed
                                                Exchange member organizations.8 Rule                       In particular, the Exchange believes                rule change.
                                                6895(c)(2) requires each Industry                       amending Rule 7470 to extend until
                                                Member that is a Small Industry                                                                                III. Date of Effectiveness of the
                                                                                                        November 15, 2019 the ability to exempt                Proposed Rule Change and Timing for
                                                Member to record and report the
                                                                                                        certain members from the recording and                 Commission Action
                                                Industry Member Data to the Central
                                                                                                        order data transmission requirements of
                                                Repository by November 15, 2019.                                                                                  The Exchange has filed the proposed
                                                   The Exchange believes that extending                 Rules 7440 and 7450, respectively, for
                                                                                                        manual orders, is consistent with                      rule change pursuant to Section
                                                the sunset provision in Rule 7470 to the                                                                       19(b)(3)(A)(iii) of the Act 13 and Rule
                                                same date that all Small Industry                       Section 6(b)(5) of the Act 12 because it
                                                                                                                                                               19b–4(f)(6) thereunder.14 Because the
                                                Members must report to the CAT is                       would enable the Exchange to exempt
                                                                                                                                                               proposed rule change does not: (i)
                                                appropriate and would permit such                       manual orders received by certain small
                                                                                                                                                               Significantly affect the protection of
                                                firms relying on the exemption to                       firms from the OATS Rules and avoid
                                                                                                                                                               investors or the public interest; (ii)
                                                continue to do so provided they meet                    imposing potentially unnecessary
                                                                                                                                                               impose any significant burden on
                                                the criteria to qualify until that time.                expense or hardship on those firms that
                                                                                                                                                               competition; and (iii) become operative
                                                                                                        qualify for the exemption as they                      prior to 30 days from the date on which
                                                   4 The criteria are as follows: (1) The member        transition to reporting order information              it was filed, or such shorter time as the
                                                organization and current control affiliates and         to the CAT Central Repository. As                      Commission may designate, if
                                                associated persons have not been subject within the     noted, the proposed sunset provision is
                                                last five years to any final disciplinary action, and                                                          consistent with the protection of
                                                within the last ten years to any disciplinary action    the same date that all Small Industry                  investors and the public interest, the
                                                involving fraud; (2) the member organization has        Members must report to the CAT.                        proposed rule change has become
                                                annual revenues of less than $2 million; (3) the        Further, the Exchange is not proposing
                                                member organization does not conduct any market                                                                effective pursuant to Section 19(b)(3)(A)
                                                making activities in NMS stocks; (4) the member
                                                                                                        any substantive changes to the criteria                of the Act and Rule 19b–4(f)(6)(iii)
                                                organization does not execute principal transactions    necessary for firms to qualify for an                  thereunder.15
                                                with its customers (with limited exception for          exemption, which will continue to                         The Exchange has asked the
                                                principal transactions executed pursuant to error       ensure that only those firms with
                                                corrections); and (5) the member organization does                                                             Commission to waive the 30-day
                                                not conduct clearing or carrying activities for other   limited revenue, no recent final                       operative delay so that the proposed
                                                firms.                                                  disciplinary actions, and limited                      rule change will become operative
                                                   5 See Securities Exchange Act Release No. 75160      business models will remain eligible for               immediately upon filing. In support of
                                                (June 11, 2015), 80 FR 34727 (June 17, 2015) (SR–       the exemption. The Exchange
                                                FINRA–2015–016).
                                                                                                                                                               its request, the Exchange stated that
                                                   6 Unless otherwise specified, capitalized terms
                                                                                                        accordingly believes that the proposed                 waiver of the operative delay would
                                                used in this rule filing are defined as set forth       rule change is consistent with the
                                                herein or in the CAT NMS Plan.                          protection of investors and the public                   13 15 U.S.C. 78s(b)(3)(A)(iii).
                                                   7 Securities Exchange Act Release No. 79318
                                                                                                        interest.                                                14 17 CFR 240.19b–4(f)(6).
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                                                (November 15, 2016), 81 FR 84696 (November 23,                                                                   15 In addition, Rule 19b–4(f)(6)(iii) requires the
                                                2016) (Order Approving the National Market                                                                     Exchange to provide the Commission with written
                                                                                                          9 Rule 6895(c)(1) requires each Industry Member
                                                System Plan Governing the Consolidated Audit                                                                   notice of its intent to file the proposed rule change,
                                                Trail).                                                 (other than a Small Industry Member) to record and     along with a brief description and the text of the
                                                   8 See Securities Exchange Act Release No. 80256      report the Industry Member Data to the Central         proposed rule change, at least five business days
                                                (March 15, 2017), 82 FR 14526 (March 21, 2017)          Repository by November 15, 2018.                       prior to the date of filing of the proposed rule
                                                                                                          10 15 U.S.C. 78f(b).
                                                (SR–NYSE–2017–01) (Order Approving Proposed                                                                    change, or such shorter time as designated by the
                                                                                                          11 15 U.S.C. 78f(b)(5).
                                                Rule Changes to Adopt Consolidated Audit Trail                                                                 Commission. The Exchange has complied with this
                                                Compliance Rules).                                        12 15 U.S.C. 78f(b)(5).                              requirement.



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                                                                                Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Notices                                                   27741

                                                continue to enable the Exchange to grant                Paper Comments                                          SECURITIES AND EXCHANGE
                                                small firms exemptions from the OATS                                                                            COMMISSION
                                                requirements as those firms are                           • Send paper comments in triplicate
                                                preparing to report information to the                  to Secretary, Securities and Exchange
                                                                                                                                                                [Release No. 34–80907; File No. SR–
                                                CAT Central Repository, thereby                         Commission, 100 F Street NE.,
                                                                                                                                                                BatsEDGX–2017–28]
                                                avoiding potentially unnecessary                        Washington, DC 20549–1090.
                                                expense or hardship on firms that                       All submissions should refer to File                    Self-Regulatory Organizations; Bats
                                                qualify for the exemption.                              Number SR–NYSE–2017–28. This file                       EDGX Exchange, Inc.; Notice of Filing
                                                   The Commission believes that                         number should be included on the                        and Immediate Effectiveness of a
                                                waiving the 30-day operative delay is                   subject line if email is used. To help the              Proposed Rule Change to Rule 21.5 of
                                                consistent with the protection of                       Commission process and review your                      Bats EDGX Exchange, Inc. To Extend
                                                investors and the public interest. Absent               comments more efficiently, please use                   Through December 31, 2017, the Penny
                                                such action, a small firm that otherwise                only one method. The Commission will                    Pilot Program in Options Classes in
                                                would qualify for an exemption would                    post all comments on the Commission’s                   Certain Issues
                                                have to comply with the Exchange                        Internet Web site (http://www.sec.gov/
                                                requirements to record and report                                                                               June 12, 2017.
                                                                                                        rules/sro.shtml). Copies of the
                                                manual orders to OATS because the                                                                                  Pursuant to Section 19(b)(1) of the
                                                                                                        submission, all subsequent
                                                Exchange would not have the authority                                                                           Securities Exchange Act of 1934 (the
                                                to grant an exemption during the 30-day                 amendments, all written statements
                                                                                                        with respect to the proposed rule                       ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                pre-operative period. The Commission
                                                                                                        change that are filed with the                          notice is hereby given that on June 7,
                                                agrees with the Exchange that waiving
                                                                                                        Commission, and all written                             2017, Bats EDGX Exchange, Inc. (the
                                                the 30-day operative delay would enable
                                                the Exchange, in appropriate cases, to                  communications relating to the                          ‘‘Exchange’’ or ‘‘EDGX’’) filed with the
                                                prevent unnecessary expense being                       proposed rule change between the                        Securities and Exchange Commission
                                                imposed on small firms. Therefore, the                  Commission and any person, other than                   (‘‘Commission’’) the proposed rule
                                                Commission hereby waives the                            those that may be withheld from the                     change as described in Items I and II
                                                operative delay and designates the                      public in accordance with the                           below, which Items have been prepared
                                                proposed rule change operative upon                     provisions of 5 U.S.C. 552, will be                     by the Exchange. The Exchange has
                                                filing.16                                               available for Web site viewing and                      designated this proposal as a ‘‘non-
                                                   At any time within 60 days of the                    printing in the Commission’s Public                     controversial’’ proposed rule change
                                                filing of such proposed rule change, the                Reference Room, 100 F Street NE.,                       pursuant to Section 19(b)(3)(A) of the
                                                Commission summarily may                                Washington, DC 20549 on official                        Act 3 and Rule 19b–4(f)(6)(iii)
                                                temporarily suspend such rule change if                 business days between the hours of                      thereunder,4 which renders it effective
                                                it appears to the Commission that such                  10:00 a.m. and 3:00 p.m. Copies of the                  upon filing with the Commission. The
                                                action is necessary or appropriate in the               filing also will be available for                       Commission is publishing this notice to
                                                public interest, for the protection of                  inspection and copying at the principal                 solicit comments on the proposed rule
                                                investors, or otherwise in furtherance of               office of the Exchange. All comments                    change from interested persons.
                                                the purposes of the Act. If the                         received will be posted without change;                 I. Self-Regulatory Organization’s
                                                Commission takes such action, the                       the Commission does not edit personal                   Statement of the Terms of Substance of
                                                Commission shall institute proceedings                  identifying information from
                                                under Section 19(b)(2)(B) of the Act 17 to                                                                      the Proposed Rule Change
                                                                                                        submissions. You should submit only
                                                determine whether the proposed rule                     information that you wish to make                          The Exchange filed a proposal to
                                                change should be approved or                            available publicly. All submissions                     extend through December 31, 2017, the
                                                disapproved.                                            should refer to File Number SR–NYSE–                    Penny Pilot Program (‘‘Penny Pilot’’) in
                                                IV. Solicitation of Comments                            2017–28 and should be submitted on or                   options classes in certain issues (‘‘Pilot
                                                                                                        before July 7,2017.                                     Program’’) previously approved by the
                                                  Interested persons are invited to                                                                             Commission.5
                                                submit written data, views, and                           For the Commission, by the Division of
                                                arguments concerning the foregoing,                     Trading and Markets, pursuant to delegated                 The text of the proposed rule change
                                                including whether the proposed rule                     authority.18                                            is available at the Exchange’s Web site
                                                change is consistent with the Act.                      Eduardo A. Aleman,                                      at www.batstrading.com, at the
                                                Comments may be submitted by any of                     Assistant Secretary.                                    principal office of the Exchange, and at
                                                the following methods:                                  [FR Doc. 2017–12457 Filed 6–15–17; 8:45 am]             the Commission’s Public Reference
                                                                                                        BILLING CODE 8011–01–P
                                                                                                                                                                Room.
                                                Electronic Comments
                                                  • Use the Commission’s Internet                                                                                 1 15  U.S.C. 78s(b)(1).
                                                                                                                                                                  2 17  CFR 240.19b–4.
                                                comment form (http://www.sec.gov/                                                                                  3 15 U.S.C. 78s(b)(3)(A).
                                                rules/sro.shtml); or                                                                                               4 17 CFR 240.19b–4(f)(6)(iii).
                                                  • Send an email to rule-comments@                                                                                5 The rules of EDGX Options, including rules

                                                sec.gov. Please include File Number SR–                                                                         applicable to EDGX Options’ participation in the
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                                                NYSE–2017–28 on the subject line.                                                                               Penny Pilot, were approved on August 7, 2015. See
                                                                                                                                                                Securities Exchange Act Release No. 75650 (August
                                                                                                                                                                7, 2015), 80 FR 48600 (August 13, 2015) (SR–
                                                   16 For purposes only of waiving the 30-day
                                                                                                                                                                EDGX–2015–18). EDGX Options commenced
                                                operative delay, the Commission has also                                                                        operations on November 2, 2015. The Penny Pilot
                                                considered the proposed rule’s impact on                                                                        was extended for EDGX Options through June 30,
                                                efficiency, competition, and capital formation. See                                                             2017. See Securities Exchange Act Release No.
                                                15 U.S.C. 78c(f).                                                                                               79222 (November 2, 2016), 81 FR 78673 (November
                                                   17 15 U.S.C. 78s(b)(2)(B).                             18 17   CFR 200.30–3(a)(12).                          8, 2016) (SR–BatsEDGX–2016–71)[sic].



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Document Created: 2017-06-16 00:52:17
Document Modified: 2017-06-16 00:52:17
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 27739 

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