82 FR 28102 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change To Harmonize the Corporate Governance Framework With That of the NASDAQ Stock Market LLC, NASDAQ PHLX LLC, and NASDAQ BX, Inc.
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 117 (June 20, 2017)
Federal Register Volume 82, Issue 117 (June 20, 2017)
| Page Range | 28102-28103 | |
| FR Document | 2017-12764 |
[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)] [Notices] [Pages 28102-28103] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-12764] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-80923; File No. SR-ISE-2017-32] Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change To Harmonize the Corporate Governance Framework With That of the NASDAQ Stock Market LLC, NASDAQ PHLX LLC, and NASDAQ BX, Inc. June 14, 2017 On April 11, 2017, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to harmonize its board and committee structure, and all related corporate governance processes, with that of the three other registered national securities exchanges and self-regulatory organizations owned by the Exchange's indirect parent company, Nasdaq, Inc., namely: The NASDAQ Stock Market LLC, NASDAQ PHLX LLC, and NASDAQ BX, Inc. The proposed rule change was published for comment in the Federal Register on May 2, 2017.\3\ The Commission has received no comment letters on the proposal. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ See Securities Exchange Act Release No. 80530 (April 26, 2017), 82 FR 20508. --------------------------------------------------------------------------- Section 19(b)(2) of the Act \4\ provides that within 45 days of the publication of notice of the filing of a proposed rule [[Page 28103]] change, or within such longer period up to 90 days as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or as to which the self-regulatory organization consents, the Commission shall either approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether the proposed rule change should be disapproved. The 45th day for this filing is June 16, 2017. --------------------------------------------------------------------------- \4\ 15 U.S.C. 78s(b)(2). --------------------------------------------------------------------------- The Commission is extending the 45-day time period for Commission action on the proposed rule change. The Commission finds that it is appropriate to designate a longer period within which to take action on the proposed rule change so that it has sufficient time to consider and take action on the Exchange's proposed rule change. Accordingly, pursuant to Section 19(b)(2) of the Act \5\ and for the reasons stated above, the Commission designates July 31, 2017, as the date by which the Commission shall either approve or disapprove, or institute proceedings to determine whether to disapprove, the proposed rule change (File No. SR-ISE-2017-32). --------------------------------------------------------------------------- \5\ 15 U.S.C. 78s(b)(2). \6\ 17 CFR 200.30-3(a)(31). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\6\ Eduardo A. Aleman. Assistant Secretary. [FR Doc. 2017-12764 Filed 6-19-17; 8:45 am] BILLING CODE 8011-01-P
![28102 Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices
The DG–1325 reflects changes based • COL/ESP–ISG–04, ‘‘Interim Staff finality provisions. The staff does not, at
on lessons learned regarding the review Guidance on the Definition of Construction this time, intend to impose the positions
of nuclear power plant design and on Limited Work Authorizations’’ represented in DG–1325 (if finalized) in
certification (DC), early site permit (ADAMS Accession No. ML082970729), and a manner that is inconsistent with any
• DC/COL ISG–08, ‘‘Final Interim Staff
(ESP), and combined license (COL) Guidance Necessary Content of Plant-
issue finality provisions. If, in the
applications under 10 CFR part 52, Specific Technical Specifications When a future, the staff seeks to impose a
since the initial issuance of RG 1.206 in Combined License is Issued’’ (ADAMS position in DG–1325 (if finalized) in a
2007. The scope of the proposed Accession No. ML083310259). manner that does not provide issue
revision has been expanded beyond finality as described in the applicable
The NRC staff’s periodic review of
combined license (COL) applications to issue finality provision, then the staff
related guidance in RG 1.70, Revision 3
more explicitly address the current must address the criteria for avoiding
(ADAMS Accession No. ML14272A331),
application process related to issue finality as described in the
‘‘Standard Format and Content of Safety applicable issue finality provision.
applications for DC, ESP, and limited
Analysis Reports for Nuclear Power
work authorizations and the title has Dated at Rockville, Maryland, this 15th day
Plants (LWR),’’ in September 2014,
been changed accordingly. It provides of June, 2017.
recommended the withdrawal of RG
more integrated guidance regarding the For the Nuclear Regulatory Commission.
1.70 once information relevant to the
overall format and content for COL, DC, Joseph Colaccino,
licensing of nuclear power plants under
and ESP applications and additionally Chief, New Reactor Rulemaking and
10 CFR part 50 is included in an update
reflects the NRC staff’s position that, Guidance Branch, Division of Engineering
to RG 1.206. The additional scope
although the guidance therein is and Infrastructure, Office of New Reactors.
related to construction permits and
intended for applicability to power [FR Doc. 2017–12837 Filed 6–19–17; 8:45 am]
operating licenses was envisioned for a
reactors with light-water reactor (LWR)
later update to RG 1.206 and is not BILLING CODE 7590–01–P
technology, the revised RG will be
included in the current proposed
generally applicable to other types of
revision.
power reactors (i.e., non-LWRs). SECURITIES AND EXCHANGE
The DG–1325 also satisfies the two III. Backfitting and Issue Finality COMMISSION
remaining action items from the NRC’s Draft regulatory guide DG–1325, if
April 2013, Lessons Learned Report [Release No. 34–80923; File No. SR–ISE–
finalized as a new regulatory guide, 2017–32]
(ADAMS Accession No. ML13059A240) would provide guidance for applicants
by (1) revising RG 1.206 to reflect regarding the format and content of
lessons learned and (2) incorporating Self-Regulatory Organizations; Nasdaq
applications for new ESPs, DCs, and ISE, LLC; Notice of Designation of
DC/COL ISG11, ‘‘Finalizing Licensing COLs under 10 CFR part 52. Issuance of Longer Period for Commission Action
Basis Information,’’ (ADAMS Accession this DG in final form would not on Proposed Rule Change To
No. ML092890623) in the revised RG constitute backfitting under 10 CFR part Harmonize the Corporate Governance
1.206.’’ This proposed revision also 50 and would not otherwise be Framework With That of the NASDAQ
reflects the removal of technical inconsistent with the issue finality Stock Market LLC, NASDAQ PHLX
information relative to the 2007 version provisions in 10 CFR part 52. As LLC, and NASDAQ BX, Inc.
of RG 1.206. The NRC staff intends that discussed in the ‘‘Implementation’’
NUREG–0800, ‘‘Standard Review Plan section of this DG, the NRC has no June 14, 2017
for the Review of Safety Analysis current intention to impose the DG, if On April 11, 2017, Nasdaq ISE, LLC
reports for Nuclear Power Plants: LWR finalized, on current holders of ESPs or (‘‘ISE’’ or ‘‘Exchange’’) filed with the
Edition,’’ be used by applicants relative COLs or a DC applicant under 10 CFR Securities and Exchange Commission
to the technical information and level of part 52. (‘‘Commission’’), pursuant to Section
detail to be included in safety analysis The DG, if finalized, could be applied 19(b)(1) of the Securities Exchange Act
reports for applications for COLs, DCs, to applications for 10 CFR part 52 ESPs, of 1934 (‘‘Act’’) 1 and Rule 19b–4
and ESPs. COLs, and DCs. Such action would not thereunder,2 a proposed rule change to
The guidance in DG–1325 is divided constitute backfitting as defined in 10 harmonize its board and committee
into two parts: Section C.1 provides CFR 50.109 (the Backfit Rule) or be structure, and all related corporate
guidance for the organization, content, otherwise inconsistent with the governance processes, with that of the
and format of an application under 10 applicable issue finality provision in 10 three other registered national securities
CFR part 52; and Section C.2 contains CFR part 52, inasmuch as such exchanges and self-regulatory
information and guidance on a number applicants are not, with certain organizations owned by the Exchange’s
of application regulatory topics related exceptions, protected by either the indirect parent company, Nasdaq, Inc.,
to the preparation, submittal, Backfit Rule or any issue finality namely: The NASDAQ Stock Market
acceptance, and review of applications. provisions under 10 CFR part 52. This LLC, NASDAQ PHLX LLC, and
The application regulatory topics is because neither the Backfit Rule nor NASDAQ BX, Inc. The proposed rule
include updated guidance that will the issue finality provisions under 10 change was published for comment in
allow the withdrawal of interim staff CFR part 52—with certain exclusions the Federal Register on May 2, 2017.3
guidance. The NRC staff intends to discussed below—were intended to The Commission has received no
withdraw the following four documents apply to every NRC action that comment letters on the proposal.
upon issuance of the revised RG 1.206: substantially changes the expectations Section 19(b)(2) of the Act 4 provides
sradovich on DSK3GMQ082PROD with NOTICES
• DC/COL–ISG–011, ‘‘Interim Staff of current and future applicants. The that within 45 days of the publication of
Guidance Finalizing Licensing Basis exceptions to the general principle are notice of the filing of a proposed rule
Information’’ (ADAMS Accession No. applicable whenever an applicant
ML092890623), 1 15 U.S.C. 78s(b)(1).
• ESP/DC/COL–ISG–015, ‘‘Interim Staff references a 10 CFR part 52 license (e.g., 2 17 CFR 240.19b–4.
Guidance on Post Combined License an early site permit), the NRC regulatory 3 See Securities Exchange Act Release No. 80530
Commitments’’ (ADAMS Accession No. approval (e.g., a design certification (April 26, 2017), 82 FR 20508.
ML091671355), rule), or both, with specified issue 4 15 U.S.C. 78s(b)(2).
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![Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices 28103
change, or within such longer period up within applicable priority rules, make to reduce the amount of one of the
to 90 days as the Commission may explicit the priority applicable when credits for entering an order that
designate if it finds such longer period there are other complex orders or quotes accesses liquidity in the Exchange’s
to be appropriate and publishes its represented at the same net price, and Equities System, as described further
reasons for so finding or as to which the clarify the applicable minimum below.
self-regulatory organization consents, increment. The Exchange also proposed The text of the proposed rule change
the Commission shall either approve the to simplify the definitions of the is available on the Exchange’s Web site
proposed rule change, disapprove the complex order types that may be made at http://nasdaqbx.cchwallstreet.com/,
proposed rule change, or institute available on a class-by-class basis. The at the principal office of the Exchange,
proceedings to determine whether the proposed rule change was published for and at the Commission’s Public
proposed rule change should be comment in the Federal Register on Reference Room.
disapproved. The 45th day for this filing March 24, 2017.3 On May 5, 2017, the
is June 16, 2017. II. Self-Regulatory Organization’s
Commission issued a notice designating
The Commission is extending the 45- Statement of the Purpose of, and
a longer period of time to act on the
day time period for Commission action Statutory Basis for, the Proposed Rule
proposed rule change.4 The Commission
on the proposed rule change. The Change
has not received any comments on the
Commission finds that it is appropriate proposed rule change. On June 6, 2017, In its filing with the Commission, the
to designate a longer period within CBOE withdrew the proposed rule Exchange included statements
which to take action on the proposed change (SR–CBOE–2017–019). concerning the purpose of and basis for
rule change so that it has sufficient time the proposed rule change and discussed
For the Commission, by the Division of
to consider and take action on the any comments it received on the
Trading and Markets, pursuant to delegated
Exchange’s proposed rule change. authority.5 proposed rule change. The text of these
Accordingly, pursuant to Section statements may be examined at the
Eduardo A. Aleman,
19(b)(2) of the Act 5 and for the reasons places specified in Item IV below. The
stated above, the Commission Assistant Secretary.
Exchange has prepared summaries, set
designates July 31, 2017, as the date by [FR Doc. 2017–12767 Filed 6–19–17; 8:45 am]
forth in sections A, B, and C below, of
which the Commission shall either BILLING CODE 8011–01–P
the most significant aspects of such
approve or disapprove, or institute statements.
proceedings to determine whether to
disapprove, the proposed rule change SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s
(File No. SR–ISE–2017–32). COMMISSION Statement of the Purpose of, and
[Release No. 34–80924; File No. SR–BX–
Statutory Basis for, the Proposed Rule
For the Commission, by the Division of Change
Trading and Markets, pursuant to delegated 2017–028]
authority.6 1. Purpose
Eduardo A. Aleman. Self-Regulatory Organizations;
NASDAQ BX, Inc.; Notice of Filing and The purpose of the proposed rule
Assistant Secretary. change is to amend the Exchange’s
Immediate Effectiveness of Proposed
[FR Doc. 2017–12764 Filed 6–19–17; 8:45 am] transaction fees at Rule 7018 to reduce
Rule Change To Amend the
BILLING CODE 8011–01–P
Exchange’s Transaction Fees at Rule a credit for entering an order that
7018 accesses liquidity in the Exchange’s
Equities System for ‘‘all other orders,’’
SECURITIES AND EXCHANGE June 14, 2017. i.e., orders that do not qualify for other
COMMISSION Pursuant to Section 19(b)(1) of the available credits for removing liquidity.
[Release No. 34–80926; File No. SR–CBOE– Securities Exchange Act of 1934 The Exchange operates on the ‘‘taker-
2017–019] (‘‘Act’’),1 and Rule 19b–4 thereunder,2 maker’’ model, whereby it pays credits
notice is hereby given that on June 1, to members that take liquidity and
Self-Regulatory Organizations; 2017, NASDAQ BX, Inc. (‘‘BX’’ or charges fees to members that provide
Chicago Board Options Exchange, ‘‘Exchange’’) filed with the Securities liquidity. Currently, the Exchange offers
Incorporated; Notice of Withdrawal of and Exchange Commission (‘‘SEC’’ or five different credits for orders that
Proposed Rule Change Related to ‘‘Commission’’) the proposed rule access liquidity on the Exchange. First,
Complex Orders change as described in Items I, II, and the Exchange pays a credit of $0.0016
June 14, 2017. III, below, which Items have been per share executed for an order that
On March 7, 2017, the Chicago Board prepared by the Exchange. The accesses liquidity (excluding orders
Options Exchange, Incorporated (the Commission is publishing this notice to with Midpoint pegging and excluding
‘‘Exchange’’ or ‘‘CBOE’’) filed with the solicit comments on the proposed rule orders that receive price improvement
Securities and Exchange Commission change from interested persons. and execute against an order with a
(the ‘‘Commission’’), pursuant to Non-displayed price) entered by a
I. Self-Regulatory Organization’s
Section 19(b)(1) of the Securities member that accesses liquidity equal to
Statement of the Terms of Substance of
Exchange Act of 1934 (the ‘‘Act’’),1 and or exceeding 0.10% of total
the Proposed Rule Change
Rule 19b–4 thereunder,2 a proposed rule Consolidated Volume during a month.
The Exchange proposes to amend the Second, the Exchange pays a credit of
change to amend its rules with respect
Exchange’s transaction fees at Rule 7018 $0.0015 per share executed to an order
sradovich on DSK3GMQ082PROD with NOTICES
to orders in open outcry to set forth
applicable ratios for an order to be that accesses liquidity (excluding orders
3 See Securities Exchange Act Release No. 80279
eligible for complex order priority with Midpoint pegging and excluding
(March 20, 2017), 82 FR 15085 (‘‘Notice’’).
4 See Securities Exchange Act Release No. 80609,
orders that receive price improvement
5 15 U.S.C. 78s(b)(2). 82 FR 22035. and execute against an order with a
6 17 CFR 200.30–3(a)(31). 5 17 CFR 200.30–3(a)(31). Non-displayed price) entered by a
1 15 U.S.C. 78s(b)(1). 1 15 U.S.C. 78s(b)(1). member that accesses liquidity equal to
2 17 CFR 240.19b–4. 2 17 CFR 240.19b–4. or exceeding 0.05% of total
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Document Created: 2017-06-20 02:20:42
Document Modified: 2017-06-20 02:20:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 82 FR 28102 |
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