82_FR_33668 82 FR 33530 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Re-Letter Rulebook Definition

82 FR 33530 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Re-Letter Rulebook Definition

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 138 (July 20, 2017)

Page Range33530-33531
FR Document2017-15193

Federal Register, Volume 82 Issue 138 (Thursday, July 20, 2017)
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Notices]
[Pages 33530-33531]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15193]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81148; File No. SR-ISE-2017-67]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change to Re-Letter 
Rulebook Definition

July 14, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on July 5, 2017, Nasdaq ISE, LLC (``ISE'' or ``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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to correct a lettering issue with the ISE 
Rulebook.
    The text of the proposed rule change is available on the Exchange's 
Web site at www.ise.com, at the principal office of the Exchange, and 
at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

[[Page 33531]]

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

1. Purpose
    The Exchange proposes to correct a lettering reference in the ISE 
Rulebook. The Exchange recently added a new definition to Rule 715. The 
Exchange filed to add a new definition of Opening Sweep at Rule 
715(t).\3\ The ISE Rulebook already has a definition at Rule 715(t) for 
QCC with Stock Orders. In light of the QCC with Stock Orders 
definition, the Exchange proposes re-lettering the Opening Sweep 
definition as Rule 715(u). The Exchange proposes to re-letter the 
Opening Sweep definition to avoid confusion in the Rulebook.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 80225 (March 13, 
2017, 82 FR 14243 (March 17, 2017) (SR-ISE-2017-02) (Order Approving 
Proposed Rule Change, as Modified by Amendment No. 1, To Amend the 
Exchange Opening Process). The Exchange defined an Opening Sweep as 
a Market Maker order submitted for execution against eligible 
interest in the system during the Opening Process pursuant to Rule 
701(b)(1).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\4\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\5\ in particular, in that it is designed to promote 
just and equitable principles of trade, 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, 
by re-lettering the Opening Sweep definition to avoid confusion in the 
Rulebook and will also permit market participants to reference the 
Opening Sweep definition.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 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 not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange's proposal to re-
letter the Opening Sweep definition will avoid confusion in the 
Rulebook.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \6\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file 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 satisfied this requirement.
---------------------------------------------------------------------------

    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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISE-2017-67 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-ISE-2017-67. 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-ISE-2017-67 and should be 
submitted on or before August 10, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2017-15193 Filed 7-19-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                    33530                           Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices

                                                    of the Act,8 in general, and furthers the                 furtherance of the purposes of the Act.                  For the Commission, by the Division of
                                                    objectives of Section 6(b)(5) of the Act,9                If the Commission takes such action, the              Trading and Markets, pursuant to delegated
                                                    in particular, in that it is designed to                  Commission shall institute proceedings                authority.12
                                                    promote just and equitable principles of                  to determine whether the proposed rule                Jill M. Peterson,
                                                    trade, to remove impediments to and                       should be approved or disapproved.                    Assistant Secretary.
                                                    perfect the mechanism of a free and                                                                             [FR Doc. 2017–15192 Filed 7–19–17; 8:45 am]
                                                    open market and a national market                         IV. Solicitation of Comments
                                                                                                                                                                    BILLING CODE 8011–01–P
                                                    system, and, in general to protect                          Interested persons are invited to
                                                    investors and the public interest, by                     submit written data, views, and
                                                    removing outdated text in the                             arguments concerning the foregoing,                   SECURITIES AND EXCHANGE
                                                    Exchange’s Rulebook and Fee Schedule                      including whether the proposed rule                   COMMISSION
                                                    which applied at one point in time and                    change is consistent with the Act.
                                                    is no longer applicable. Removing the                     Comments may be submitted by any of                   [Release No. 34–81148; File No. SR–ISE–
                                                    outdated text will avoid confusion as to                  the following methods:                                2017–67]
                                                    its applicability.
                                                                                                              Electronic Comments                                   Self-Regulatory Organizations; Nasdaq
                                                    B. Self-Regulatory Organization’s
                                                                                                                • Use the Commission’s Internet                     ISE, LLC; Notice of Filing and
                                                    Statement on Burden on Competition
                                                                                                              comment form (http://www.sec.gov/                     Immediate Effectiveness of Proposed
                                                      The Exchange does not believe that                                                                            Rule Change to Re-Letter Rulebook
                                                    the proposed rule change will impose                      rules/sro.shtml); or
                                                                                                                                                                    Definition
                                                    any burden on competition not                               • Send an email to rule-comments@
                                                    necessary or appropriate in furtherance                   sec.gov. Please include File Number SR–               July 14, 2017.
                                                    of the purposes of the Act. The                           GEMX–2017–30 on the subject line.                        Pursuant to Section 19(b)(1) of the
                                                    Exchange’s proposal to remove the                         Paper Comments                                        Securities Exchange Act of 1934
                                                    outdated text does not impose an undue                                                                          (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    burden on competition because the                           • Send paper comments in triplicate                 notice is hereby given that on July 5,
                                                    specified text does not apply to any                      to Secretary, Securities and Exchange                 2017, Nasdaq ISE, LLC (‘‘ISE’’ or
                                                    market participant.                                       Commission, 100 F Street NE.,                         ‘‘Exchange’’) filed with the Securities
                                                                                                              Washington, DC 20549–1090.                            and Exchange Commission
                                                    C. Self-Regulatory Organization’s
                                                    Statement on Comments on the                              All submissions should refer to File                  (‘‘Commission’’) the proposed rule
                                                    Proposed Rule Change Received From                        Number SR–GEMX–2017–30. This file                     change as described in Items I, II, and
                                                    Members, Participants, or Others                          number should be included on the                      III, below, which Items have been
                                                                                                              subject line if email is used. To help the            prepared by the Exchange. The
                                                      No written comments were either
                                                                                                              Commission process and review your                    Commission is publishing this notice to
                                                    solicited or received.
                                                                                                              comments more efficiently, please use                 solicit comments on the proposed rule
                                                    III. Date of Effectiveness of the                         only one method. The Commission will                  change from interested persons.
                                                    Proposed Rule Change and Timing for                       post all comments on the Commission’s                 I. Self-Regulatory Organization’s
                                                    Commission Action                                         Internet Web site (http://www.sec.gov/                Statement of the Terms of Substance of
                                                       Because the foregoing proposed rule                    rules/sro.shtml). Copies of the                       the Proposed Rule Change
                                                    change does not: (i) Significantly affect                 submission, all subsequent
                                                    the protection of investors or the public                 amendments, all written statements                       The Exchange proposes to correct a
                                                    interest; (ii) impose any significant                     with respect to the proposed rule                     lettering issue with the ISE Rulebook.
                                                    burden on competition; and (iii) become                   change that are filed with the                           The text of the proposed rule change
                                                    operative for 30 days from the date on                    Commission, and all written                           is available on the Exchange’s Web site
                                                    which it was filed, or such shorter time                  communications relating to the                        at www.ise.com, at the principal office
                                                    as the Commission may designate, it has                   proposed rule change between the                      of the Exchange, and at the
                                                    become effective pursuant to Section                      Commission and any person, other than                 Commission’s Public Reference Room.
                                                    19(b)(3)(A)(iii) of the Act 10 and                        those that may be withheld from the
                                                    subparagraph (f)(6) of Rule 19b–4                         public in accordance with the                         II. Self-Regulatory Organization’s
                                                    thereunder.11                                             provisions of 5 U.S.C. 552, will be                   Statement of the Purpose of, and
                                                       At any time within 60 days of the                      available for Web site viewing and                    Statutory Basis for, the Proposed Rule
                                                    filing of the proposed rule change, the                   printing in the Commission’s Public                   Change
                                                    Commission summarily may                                  Reference Room, 100 F Street NE.,                       In its filing with the Commission, the
                                                    temporarily suspend such rule change if                   Washington, DC 20549, on official                     Exchange included statements
                                                    it appears to the Commission that such                    business days between the hours of                    concerning the purpose of and basis for
                                                    action is: (i) Necessary or appropriate in                10:00 a.m. and 3:00 p.m. Copies of the                the proposed rule change and discussed
                                                    the public interest; (ii) for the protection              filing also will be available for                     any comments it received on the
                                                    of investors; or (iii) otherwise in                       inspection and copying at the principal               proposed rule change. The text of these
                                                                                                              office of the Exchange. All comments                  statements may be examined at the
                                                      8 15  U.S.C. 78f(b).                                    received will be posted without change;
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                      9 15
                                                                                                                                                                    places specified in Item IV below. The
                                                            U.S.C. 78f(b)(5).                                 the Commission does not edit personal
                                                      10 15 U.S.C. 78s(b)(3)(A)(iii).                                                                               Exchange has prepared summaries, set
                                                      11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                              identifying information from                          forth in sections A, B, and C below, of
                                                    4(f)(6) requires a self-regulatory organization to give
                                                                                                              submissions. You should submit only                   the most significant aspects of such
                                                    the Commission written notice of its intent to file       information that you wish to make                     statements.
                                                    the proposed rule change at least five business days      available publicly. All submissions
                                                    prior to the date of filing of the proposed rule          should refer to File Number SR–GEMX–                    12 17 CFR 200.30–3(a)(12).
                                                    change, or such shorter time as designated by the
                                                    Commission. The Exchange has satisfied this
                                                                                                              2017–30 and should be submitted on or                   1 15 U.S.C. 78s(b)(1).
                                                    requirement.                                              before August 10, 2017.                                 2 17 CFR 240.19b–4.




                                               VerDate Sep<11>2014    18:50 Jul 19, 2017   Jkt 241001   PO 00000   Frm 00055   Fmt 4703   Sfmt 4703   E:\FR\FM\20JYN1.SGM     20JYN1


                                                                                   Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices                                                     33531

                                                    A. Self-Regulatory Organization’s                        III. Date of Effectiveness of the                         rules/sro.shtml). Copies of the
                                                    Statement of the Purpose of, and                         Proposed Rule Change and Timing for                       submission, all subsequent
                                                    Statutory Basis for, the Proposed Rule                   Commission Action                                         amendments, all written statements
                                                    Change                                                      Because the foregoing proposed rule                    with respect to the proposed rule
                                                                                                             change does not: (i) Significantly affect                 change that are filed with the
                                                    1. Purpose                                                                                                         Commission, and all written
                                                                                                             the protection of investors or the public
                                                       The Exchange proposes to correct a                    interest; (ii) impose any significant                     communications relating to the
                                                                                                             burden on competition; and (iii) become                   proposed rule change between the
                                                    lettering reference in the ISE Rulebook.
                                                                                                             operative for 30 days from the date on                    Commission and any person, other than
                                                    The Exchange recently added a new
                                                                                                             which it was filed, or such shorter time                  those that may be withheld from the
                                                    definition to Rule 715. The Exchange
                                                                                                             as the Commission may designate, it has                   public in accordance with the
                                                    filed to add a new definition of Opening
                                                                                                             become effective pursuant to Section                      provisions of 5 U.S.C. 552, will be
                                                    Sweep at Rule 715(t).3 The ISE                                                                                     available for Web site viewing and
                                                    Rulebook already has a definition at                     19(b)(3)(A)(iii) of the Act 6 and
                                                                                                                                                                       printing in the Commission’s Public
                                                    Rule 715(t) for QCC with Stock Orders.                   subparagraph (f)(6) of Rule 19b–4
                                                                                                                                                                       Reference Room, 100 F Street NE.,
                                                    In light of the QCC with Stock Orders                    thereunder.7
                                                                                                                At any time within 60 days of the                      Washington, DC 20549, on official
                                                    definition, the Exchange proposes re-                                                                              business days between the hours of
                                                    lettering the Opening Sweep definition                   filing of the proposed rule change, the
                                                                                                             Commission summarily may                                  10:00 a.m. and 3:00 p.m. Copies of the
                                                    as Rule 715(u). The Exchange proposes                                                                              filing also will be available for
                                                    to re-letter the Opening Sweep                           temporarily suspend such rule change if
                                                                                                             it appears to the Commission that such                    inspection and copying at the principal
                                                    definition to avoid confusion in the                                                                               office of the Exchange. All comments
                                                    Rulebook.                                                action is: (i) Necessary or appropriate in
                                                                                                                                                                       received will be posted without change;
                                                                                                             the public interest; (ii) for the protection
                                                    2. Statutory Basis                                                                                                 the Commission does not edit personal
                                                                                                             of investors; or (iii) otherwise in
                                                                                                                                                                       identifying information from
                                                                                                             furtherance of the purposes of the Act.
                                                       The Exchange believes that its                                                                                  submissions. You should submit only
                                                                                                             If the Commission takes such action, the
                                                    proposal is consistent with Section 6(b)                                                                           information that you wish to make
                                                                                                             Commission shall institute proceedings
                                                    of the Act,4 in general, and furthers the                                                                          available publicly. All submissions
                                                                                                             to determine whether the proposed rule
                                                    objectives of Section 6(b)(5) of the Act,5                                                                         should refer to File Number SR–ISE–
                                                                                                             should be approved or disapproved.
                                                    in particular, in that it is designed to                                                                           2017–67 and should be submitted on or
                                                    promote just and equitable principles of                 IV. Solicitation of Comments                              before August 10, 2017.
                                                    trade, to remove impediments to and                        Interested persons are invited to                          For the Commission, by the Division of
                                                    perfect the mechanism of a free and                      submit written data, views, and                           Trading and Markets, pursuant to delegated
                                                    open market and a national market                        arguments concerning the foregoing,                       authority.8
                                                    system, and, in general to protect                       including whether the proposed rule                       Jill M. Peterson,
                                                    investors and the public interest, by re-                change is consistent with the Act.                        Assistant Secretary.
                                                    lettering the Opening Sweep definition                   Comments may be submitted by any of                       [FR Doc. 2017–15193 Filed 7–19–17; 8:45 am]
                                                    to avoid confusion in the Rulebook and                   the following methods:                                    BILLING CODE 8011–01–P
                                                    will also permit market participants to                  Electronic Comments
                                                    reference the Opening Sweep definition.
                                                                                                               • Use the Commission’s Internet                         SECURITIES AND EXCHANGE
                                                    B. Self-Regulatory Organization’s                        comment form (http://www.sec.gov/                         COMMISSION
                                                    Statement on Burden on Competition                       rules/sro.shtml); or
                                                                                                                                                                       [Release No. 34–81149; File No. SR–IEX–
                                                                                                               • Send an email to rule-comments@                       2017–23]
                                                      The Exchange does not believe that                     sec.gov. Please include File Number SR–
                                                    the proposed rule change will impose                     ISE–2017–67 on the subject line.                          Self-Regulatory Organizations:
                                                    any burden on competition not
                                                                                                             Paper Comments                                            Investors Exchange LLC; Notice of
                                                    necessary or appropriate in furtherance
                                                                                                                                                                       Filing and Immediate Effectiveness of
                                                    of the purposes of the Act. The                            • Send paper comments in triplicate                     Proposed Rule Change To Make a
                                                    Exchange’s proposal to re-letter the                     to Secretary, Securities and Exchange                     Clarifying Amendment to IEX Rule
                                                    Opening Sweep definition will avoid                      Commission, 100 F Street NE.,                             16.135
                                                    confusion in the Rulebook.                               Washington, DC 20549–1090.
                                                                                                             All submissions should refer to File                      July 14, 2017.
                                                    C. Self-Regulatory Organization’s                                                                                     Pursuant to Section 19(b)(1) 1 of the
                                                    Statement on Comments on the                             Number SR–ISE–2017–67. This file
                                                                                                             number should be included on the                          Securities Exchange Act of 1934 (the
                                                    Proposed Rule Change Received From                                                                                 ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                    Members, Participants, or Others                         subject line if email is used. To help the
                                                                                                             Commission process and review your                        notice is hereby given that, on July 7,
                                                      No written comments were either                        comments more efficiently, please use                     2017, the Investors Exchange LLC filed
                                                    solicited or received.                                   only one method. The Commission will                      with the Securities and Exchange
                                                                                                             post all comments on the Commission’s                     Commission (the ‘‘Commission’’) the
                                                      3 See Securities Exchange Act Release No. 80225        Internet Web site (http://www.sec.gov/                    proposed rule change as described in
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    (March 13, 2017, 82 FR 14243 (March 17, 2017)                                                                      Items I, II and III below, which Items
                                                    (SR–ISE–2017–02) (Order Approving Proposed Rule               6 15
                                                                                                                     U.S.C. 78s(b)(3)(A)(iii).                         have been prepared by the self-
                                                    Change, as Modified by Amendment No. 1, To                    7 17
                                                                                                                     CFR 240.19b–4(f)(6). In addition, Rule 19b–       regulatory organization. The
                                                    Amend the Exchange Opening Process). The                 4(f)(6) requires a self-regulatory organization to give
                                                    Exchange defined an Opening Sweep as a Market
                                                                                                                                                                       Commission is publishing this notice to
                                                                                                             the Commission written notice of its intent to file
                                                    Maker order submitted for execution against eligible     the proposed rule change at least five business days        8 17 CFR 200.30–3(a)(12).
                                                    interest in the system during the Opening Process        prior to the date of filing of the proposed rule
                                                    pursuant to Rule 701(b)(1).                              change, or such shorter time as designated by the
                                                                                                                                                                         1 15 U.S.C. 78s(b)(1).
                                                      4 15 U.S.C. 78f(b).                                                                                                2 15 U.S.C. 78a.
                                                                                                             Commission. The Exchange has satisfied this
                                                      5 15 U.S.C. 78f(b)(5).                                 requirement.                                                3 17 CFR 240.19b–4.




                                               VerDate Sep<11>2014   18:50 Jul 19, 2017   Jkt 241001   PO 00000     Frm 00056   Fmt 4703   Sfmt 4703   E:\FR\FM\20JYN1.SGM      20JYN1



Document Created: 2017-07-20 06:57:41
Document Modified: 2017-07-20 06:57:41
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 33530 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR