82 FR 33533 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Bats EDGX Exchange, Inc.; BOX Options Exchange LLC; C2 Options Exchange, Incorporated; Chicago Board Options Exchange, Incorporated; Financial Industry Regulatory Authority, Inc.; International Securities Exchange, LLC; Investors Exchange LLC; Miami International Securities Exchange LLC; MIAX PEARL, LLC; The NASDAQ Stock Market LLC; NASDAQ BX, Inc.; NASDAQ PHLX, Inc.; New York Stock Exchange LLC; NYSE Arca, Inc.; NYSE MKT LLC; Notice of Designation of Longer Period for Commission Action on Proposed Rule Changes To Eliminate Requirements That Will Be Duplicative of CAT
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 138 (July 20, 2017)
Federal Register Volume 82, Issue 138 (July 20, 2017)
| Page Range | 33533-33534 | |
| FR Document | 2017-15190 |
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)] [Notices] [Pages 33533-33534] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15190] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81145; File Nos. SR-BatsBZX-2017-37; SR-BatsEDGX-2017- 23; SR-BOX-2017-17; SR-C2-2017-018; SR-CBOE-2017-041; SR-FINRA-2017- 013; SR-ISE-2017-46; SR-IEX-2017-18; SR-MIAX-2017-20; SR-PEARL-2017-23; SR-NASDAQ-2017-055; SR-BX-2017-027; SR-PHLX-2017-43; SR-NYSE-2017-23; SR-NYSEArca-2017-57; SR-NYSEArca-2017-59; SR-NYSEMKT-2017-29; SR- NYSEMKT-2017-30] Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Bats EDGX Exchange, Inc.; BOX Options Exchange LLC; C2 Options Exchange, Incorporated; Chicago Board Options Exchange, Incorporated; Financial Industry Regulatory Authority, Inc.; International Securities Exchange, LLC; Investors Exchange LLC; Miami International Securities Exchange LLC; MIAX PEARL, LLC; The NASDAQ Stock Market LLC; NASDAQ BX, Inc.; NASDAQ PHLX, Inc.; New York Stock Exchange LLC; NYSE Arca, Inc.; NYSE MKT LLC; Notice of Designation of Longer Period for Commission Action on Proposed Rule Changes To Eliminate Requirements That Will Be Duplicative of CAT July 14, 2017. On May 15, 2017, Bats BZX Exchange, Inc. (``Bats BZX''); Bats EDGX Exchange, Inc. (``Bats EDGX''); BOX Options Exchange LLC (``BOX''); C2 Options Exchange, Incorporated (``C2''); Chicago Board Options Exchange, Incorporated (``CBOE''); Financial Industry Regulatory Authority, Inc. (``FINRA''); International Securities Exchange, LLC (``ISE''); Investors Exchange LLC (``IEX''); Miami International Securities Exchange LLC (``MIAX''); MIAX PEARL, LLC (``PEARL''); NYSE Arca, Inc. (``NYSE Arca''); and NYSE MKT LLC (``NYSE MKT'') 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\ proposed rule changes to eliminate or modify certain rules that require the collection or reporting of information that is duplicative of the information that will be collected by the Consolidated Audit Trail (``CAT'') established pursuant to the National Market System Plan contemplated by Rule 613 of Regulation NMS.\3\ On May 22, 2017, the New York Stock Exchange LLC (``NYSE'') filed with the Commission a proposed rule change for the same purpose, and each of NYSE Arca and NYSE MKT filed an additional proposed rule change for the same purpose. On May 26, 2017,\4\ the NASDAQ Stock Market LLC (``NASDAQ'') and NASDAQ PHLX LLC (``Phlx'') filed with the Commission proposed rule changes for the same purpose. On May 30, 2017,\5\ NASDAQ BX, Inc. (``BX'') filed with the Commission a proposed rule change for the same purpose. On June 1, 2017, the proposed rule changes submitted by Bats BZX, Bats EDGX, BOX, C2, CBOE, FINRA, IEX, ISE, MIAX, and PEARL; both proposed rule changes submitted by NYSE MKT; and one of the proposed rule changes submitted by NYSE Arca were published for comment in the Federal Register.\6\ On June 2, 2017, the proposed rule change submitted by NYSE and the other proposed rule change submitted by NYSE Arca were published for comment in the Federal Register.\7\ On June 5, 2017, the proposed rule changes submitted by NASDAQ, BX, and Phlx were published for comment in the Federal Register.\8\ Four [[Page 33534]] comments were submitted to File No. SR-FINRA-2017-013.\9\ On June 22, 2017, each of NASDAQ, BX, ISE, and Phlx filed a technical amendment to its proposed rule change.\10\ --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ 17 CFR 242.613. \4\ Nasdaq and Phlx initially filed proposed rule changes on May 15, 2017 (SR-NASDAQ-2017-050 and SR-PHLX-2017-38). On May 26, 2017, Nasdaq and Phlx withdrew these filings and submitted new proposed rule changes (SR-NASDAQ-2017-055 and SR-PHLX-2017-43) that remain pending before the Commission. \5\ BX initially filed a proposed rule change on May 15, 2017 (SR-BX-2017-025). On May 30, 2017, BX withdrew that initial filing and submitted a new proposed rule change (SR-BX-2017-027) that remains pending before the Commission. \6\ See Securities Exchange Act Release No. 80796 (May 26, 2017), 82 FR 25374 (SR-BatsBZX-2017-37); Securities Exchange Act Release No. 80795 (May 26, 2017), 82 FR 25358 (SR-BatsEDGX-2017-23); Securities Exchange Act Release No. 80789 (May 26, 2017), 82 FR 25492 (SR-BOX-2017-17); Securities Exchange Act Release No. 80798 (May 26, 2017), 82 FR 25385 (SR-C2-2017-018); Securities Exchange Act Release No. 80797 (May 26, 2017), 82 FR 25429 (SR-CBOE-2017- 041); Securities Exchange Act Release No. 80783 (May 26, 2017), 82 FR 25423 (SR-FINRA-2017-013); Securities Exchange Act Release No. 80788 (May 26, 2017), 82 FR 25400 (SR-IEX-2017-18); Securities Exchange Act Release No. 80787 (May 26, 2017), 82 FR 25469 (SR-ISE- 2017-46); Securities Exchange Act Release No. 80790 (May 26, 2017), 82 FR 25366 (SR-MIAX-2017-20); Securities Exchange Act Release No. 80792 (May 26, 2017), 82 FR 25436 (SR-PEARL-2017-23); Securities Exchange Act Release No. 80791 (May 26, 2017), 82 FR 25362 (SR- NYSEArca-2017-59); Securities Exchange Act Release No. 80793 (May 26, 2017), 82 FR 25443 (SR-NYSEMKT-2017-29); Securities Exchange Act Release No. 80794 (May 26, 2017), 82 FR 25439 (SR-NYSEMKT-2017-30). \7\ See Securities Exchange Act Release No. 80799 (May 26, 2017), 82 FR 25635 (SR-NYSE-2017-23); Securities Exchange Act Release No. 80800 (May 26, 2017), 82 FR 25639 (SR-NYSEArca-2017-57). \8\ See Securities Exchange Act Release No. 80813 (May 30, 2017), 82 FR 25863 (SR-NASDAQ-2017-055); Securities Exchange Act Release No. 80814 (May 30, 2017), 82 FR 25872 (SR-BX-2017-027); Securities Exchange Act Release No. 80811 (May 30, 2017), 82 FR 25863 (SR-PHLX-2017-43). \9\ See letters from William H. Herbert, Managing Director, Financial Information Forum, dated June 22, 2017; Manisha Kimmel, Chief Regulatory Officer, Wealth Management, Thomson Reuters, dated June 22, 2017; Marc R. Bryant, Senior Vice President, Deputy General Counsel, Fidelity Investments, dated June 22, 2017; and Ellen Greene, Managing Director and Theodore R. Lazo, Managing Director and Associate General Counsel, SIFMA, dated June 23, 2017. \10\ These amendments modified Section 2 of the Form 19b-4 submitted by each of NASDAQ, BX, ISE, and Phlx to state that on June 1, 2017, the exchange obtained the necessary approval from its Board of Directors for the proposed rule change. --------------------------------------------------------------------------- Section 19(b)(2) of the Act \11\ provides that, within 45 days of the publication of notice of the filing of a proposed rule 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 the proposed rule changes published on June 1, 2017, is July 16, 2017. The 45th day for the proposed rule changes published on June 2, 2017, is July 17, 2017. The 45th day for the proposed rule changes published on June 5, 2017, is July 20, 2017. --------------------------------------------------------------------------- \11\ 15 U.S.C. 78s(b)(2). --------------------------------------------------------------------------- The Commission is extending the 45-day time period for Commission action on each of the proposed rule changes. The Commission finds that it is appropriate to designate a longer period within which to take action on the proposed rule changes so that it has sufficient time to consider the comments received and any response to the comments that the self-regulatory organizations might provide. Accordingly, pursuant to Section 19(b)(2)(A)(ii)(I) of the Act \12\ and for the reasons stated above, the Commission designates August 30, 2017, as the date by which the Commission shall approve or disapprove, or institute proceedings to determine whether to disapprove, the proposed rule changes (File Nos. SR-BatsBZX-2017-37; SR-BatsEDGX-2017- 23; SR-BOX-2017-17; SR-C2-2017-018; SR-CBOE-2017-041; SR-FINRA-2017- 013; SR-ISE-2017-46; SR-IEX-2017-18; SR-MIAX-2017-20; SR-PEARL-2017-23; SR-NASDAQ-2017-055; SR-BX-2017-027; SR-PHLX-2017-43; SR-NYSE-2017-23; SR-NYSEArca-2017-57; SR-NYSEArca-2017-59; SR-NYSEMKT-2017-29; SR- NYSEMKT-2017-30). --------------------------------------------------------------------------- \12\ 15 U.S.C. 78s(b)(2)(A)(ii)(I). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\13\ --------------------------------------------------------------------------- \13\ 17 CFR 200.30-3(a)(31). --------------------------------------------------------------------------- Jill M. Peterson, Assistant Secretary. [FR Doc. 2017-15190 Filed 7-19-17; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices 33533
number should be included in the SECURITIES AND EXCHANGE the same purpose, and each of NYSE
subject line if email is used. To help the COMMISSION Arca and NYSE MKT filed an additional
Commission process and review your proposed rule change for the same
[Release No. 34–81145; File Nos. SR–
BatsBZX–2017–37; SR–BatsEDGX–2017–23; purpose. On May 26, 2017, the
4
comments more efficiently, please use
only one method. The Commission will SR–BOX–2017–17; SR–C2–2017–018; SR– NASDAQ Stock Market LLC
post all comments on the Commission’s CBOE–2017–041; SR–FINRA–2017–013; (‘‘NASDAQ’’) and NASDAQ PHLX LLC
Internet Web site (http://www.sec.gov/ SR–ISE–2017–46; SR–IEX–2017–18; SR– (‘‘Phlx’’) filed with the Commission
rules/sro.shtml). Copies of the MIAX–2017–20; SR–PEARL–2017–23; SR– proposed rule changes for the same
NASDAQ–2017–055; SR–BX–2017–027; SR– purpose. On May 30, 2017,5 NASDAQ
submission, all subsequent PHLX–2017–43; SR–NYSE–2017–23; SR–
amendments, all written statements BX, Inc. (‘‘BX’’) filed with the
NYSEArca–2017–57; SR–NYSEArca–2017–
with respect to the proposed rule 59; SR–NYSEMKT–2017–29; SR–NYSEMKT– Commission a proposed rule change for
change that are filed with the 2017–30] the same purpose. On June 1, 2017, the
Commission, and all written proposed rule changes submitted by
communications relating to the Self-Regulatory Organizations; Bats Bats BZX, Bats EDGX, BOX, C2, CBOE,
BZX Exchange, Inc.; Bats EDGX FINRA, IEX, ISE, MIAX, and PEARL;
proposed rule change between the
Exchange, Inc.; BOX Options both proposed rule changes submitted
Commission and any person, other than
Exchange LLC; C2 Options Exchange, by NYSE MKT; and one of the proposed
those that may be withheld from the Incorporated; Chicago Board Options rule changes submitted by NYSE Arca
public in accordance with the Exchange, Incorporated; Financial were published for comment in the
provisions of 5 U.S.C. 552, will be Industry Regulatory Authority, Inc.; Federal Register.6 On June 2, 2017, the
available for Web site viewing and International Securities Exchange, proposed rule change submitted by
printing in the Commission’s Public LLC; Investors Exchange LLC; Miami NYSE and the other proposed rule
Reference Section, 100 F Street NE., International Securities Exchange LLC; change submitted by NYSE Arca were
Washington, DC 20549, on official MIAX PEARL, LLC; The NASDAQ Stock published for comment in the Federal
business days between the hours of Market LLC; NASDAQ BX, Inc.; Register.7 On June 5, 2017, the proposed
10:00 a.m. and 3:00 p.m. Copies of the NASDAQ PHLX, Inc.; New York Stock rule changes submitted by NASDAQ,
filing will also be available for Exchange LLC; NYSE Arca, Inc.; NYSE BX, and Phlx were published for
inspection and copying at the principal MKT LLC; Notice of Designation of comment in the Federal Register.8 Four
office of the Exchange and on its Longer Period for Commission Action
Internet Web site at on Proposed Rule Changes To 4 Nasdaq and Phlx initially filed proposed rule
www.iextrading.com. All comments Eliminate Requirements That Will Be changes on May 15, 2017 (SR–NASDAQ–2017–050
Duplicative of CAT and SR–PHLX–2017–38). On May 26, 2017, Nasdaq
received will be posted without change; and Phlx withdrew these filings and submitted new
the Commission does not edit personal July 14, 2017. proposed rule changes (SR–NASDAQ–2017–055
identifying information from On May 15, 2017, Bats BZX Exchange, and SR–PHLX–2017–43) that remain pending
submissions. You should submit only before the Commission.
Inc. (‘‘Bats BZX’’); Bats EDGX Exchange, 5 BX initially filed a proposed rule change on May
information that you wish to make Inc. (‘‘Bats EDGX’’); BOX Options 15, 2017 (SR–BX–2017–025). On May 30, 2017, BX
available publicly. All submissions Exchange LLC (‘‘BOX’’); C2 Options withdrew that initial filing and submitted a new
should refer to File Number SR–IEX– Exchange, Incorporated (‘‘C2’’); Chicago proposed rule change (SR–BX–2017–027) that
remains pending before the Commission.
2017–23 and should be submitted on or Board Options Exchange, Incorporated 6 See Securities Exchange Act Release No. 80796
before August 10, 2017. (‘‘CBOE’’); Financial Industry (May 26, 2017), 82 FR 25374 (SR–BatsBZX–2017–
For the Commission, by the Division of
Regulatory Authority, Inc. (‘‘FINRA’’); 37); Securities Exchange Act Release No. 80795
Trading and Markets, pursuant to delegated
International Securities Exchange, LLC (May 26, 2017), 82 FR 25358 (SR–BatsEDGX–2017–
(‘‘ISE’’); Investors Exchange LLC 23); Securities Exchange Act Release No. 80789
authority.13 (May 26, 2017), 82 FR 25492 (SR–BOX–2017–17);
(‘‘IEX’’); Miami International Securities Securities Exchange Act Release No. 80798 (May
Jill M. Peterson,
Exchange LLC (‘‘MIAX’’); MIAX PEARL, 26, 2017), 82 FR 25385 (SR–C2–2017–018);
Assistant Secretary. LLC (‘‘PEARL’’); NYSE Arca, Inc. Securities Exchange Act Release No. 80797 (May
[FR Doc. 2017–15194 Filed 7–19–17; 8:45 am] (‘‘NYSE Arca’’); and NYSE MKT LLC 26, 2017), 82 FR 25429 (SR–CBOE–2017–041);
Securities Exchange Act Release No. 80783 (May
BILLING CODE 8011–01–P (‘‘NYSE MKT’’) filed with the Securities 26, 2017), 82 FR 25423 (SR–FINRA–2017–013);
and Exchange Commission Securities Exchange Act Release No. 80788 (May
(‘‘Commission’’), pursuant to Section 26, 2017), 82 FR 25400 (SR–IEX–2017–18);
19(b)(1) of the Securities Exchange Act Securities Exchange Act Release No. 80787 (May
26, 2017), 82 FR 25469 (SR–ISE–2017–46);
of 1934 (‘‘Act’’) 1 and Rule 19b–4 Securities Exchange Act Release No. 80790 (May
thereunder,2 proposed rule changes to 26, 2017), 82 FR 25366 (SR–MIAX–2017–20);
eliminate or modify certain rules that Securities Exchange Act Release No. 80792 (May
require the collection or reporting of 26, 2017), 82 FR 25436 (SR–PEARL–2017–23);
Securities Exchange Act Release No. 80791 (May
information that is duplicative of the 26, 2017), 82 FR 25362 (SR–NYSEArca–2017–59);
information that will be collected by the Securities Exchange Act Release No. 80793 (May
Consolidated Audit Trail (‘‘CAT’’) 26, 2017), 82 FR 25443 (SR–NYSEMKT–2017–29);
established pursuant to the National Securities Exchange Act Release No. 80794 (May
26, 2017), 82 FR 25439 (SR–NYSEMKT–2017–30).
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Market System Plan contemplated by 7 See Securities Exchange Act Release No. 80799
Rule 613 of Regulation NMS.3 On May (May 26, 2017), 82 FR 25635 (SR–NYSE–2017–23);
22, 2017, the New York Stock Exchange Securities Exchange Act Release No. 80800 (May
LLC (‘‘NYSE’’) filed with the 26, 2017), 82 FR 25639 (SR–NYSEArca–2017–57).
8 See Securities Exchange Act Release No. 80813
Commission a proposed rule change for
(May 30, 2017), 82 FR 25863 (SR–NASDAQ–2017–
055); Securities Exchange Act Release No. 80814
1 15 U.S.C. 78s(b)(1). (May 30, 2017), 82 FR 25872 (SR–BX–2017–027);
2 17 CFR 240.19b–4. Securities Exchange Act Release No. 80811 (May
13 17 CFR 200.30–3(a)(12). 3 17 CFR 242.613. 30, 2017), 82 FR 25863 (SR–PHLX–2017–43).
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![33534 Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices
comments were submitted to File No. SR–NYSEArca–2017–57; SR– proposed rule changes were published
SR–FINRA–2017–013.9 On June 22, NYSEArca–2017–59; SR–NYSEMKT– for comment in the Federal Register on
2017, each of NASDAQ, BX, ISE, and 2017–29; SR–NYSEMKT–2017–30). November 17, 2016.4
Phlx filed a technical amendment to its For the Commission, by the Division of On December 20, 2016, the
proposed rule change.10 Trading and Markets, pursuant to delegated Commission extended to February 15,
Section 19(b)(2) of the Act 11 provides authority.13 2017, the time period in which to
that, within 45 days of the publication Jill M. Peterson, approve or disapprove the proposed
of notice of the filing of a proposed rule Assistant Secretary. rule changes or to institute proceedings
change, or within such longer period up [FR Doc. 2017–15190 Filed 7–19–17; 8:45 am] to determine whether to approve or
to 90 days as the Commission may disapprove the proposals.5 On February
BILLING CODE 8011–01–P
designate if it finds such longer period 15, 2017, the Commission instituted
to be appropriate and publishes its proceedings to determine whether to
reasons for so finding or as to which the SECURITIES AND EXCHANGE approve or disapprove the proposed
self-regulatory organization consents, COMMISSION rule changes.6 The Commission then
the Commission shall either approve the received a comment letter, as well as a
proposed rule change, disapprove the [Release No. 34–81150; File Nos. SR–NYSE–
2016–71 and SR–NYSEMKT 2016–99] combined response letter from NYSE
proposed rule change, or institute and NYSE MKT.7 On April 28, 2017, the
proceedings to determine whether the Commission designated a longer period
Self-Regulatory Organizations; New
proposed rule change should be for Commission action on proceedings
York Stock Exchange LLC; NYSE MKT
disapproved. The 45th day for the
LLC; Order Disapproving Proposed to determine whether to approve or
proposed rule changes published on
Rule Changes Amending Exchange disapprove the proposed rule changes.8
June 1, 2017, is July 16, 2017. The 45th
Rule 104 To Delete Subsection This order disapproves the proposed
day for the proposed rule changes
(g)(i)(A)(III), Which Prohibits rule changes.
published on June 2, 2017, is July 17,
Designated Market Makers From
2017. The 45th day for the proposed II. Description of the Proposals
Engaging in Transactions, During the
rule changes published on June 5, 2017,
Last Ten Minutes of Trading Before the Currently, under Exchange Rule
is July 20, 2017.
The Commission is extending the 45- Close, That Establish a New High 104(g)(i)(A)(III), a DMM with a long
day time period for Commission action (Low) Price for the Day on the (short) position in an assigned security
on each of the proposed rule changes. Exchange in an Assigned Security in cannot, during the last ten minutes
The Commission finds that it is Which the DMM Has a Long (Short) before the close of trading, make a
appropriate to designate a longer period Position purchase (sale) in that security that
within which to take action on the July 1, 2017.
results in a new high (low) price on the
proposed rule changes so that it has Exchange for the day.9 The Prohibited
sufficient time to consider the I. Introduction Transactions Rule provides two
comments received and any response to On October 27, 2016, New York Stock exceptions that permit a DMM to: (1)
the comments that the self-regulatory Exchange LLC (‘‘NYSE’’) and NYSE Match another market’s better bid or
organizations might provide. MKT LLC (‘‘NYSE MKT’’) (each an offer price; or (2) bring the price of a
Accordingly, pursuant to Section ‘‘Exchange,’’ and collectively the security into parity with an underlying
19(b)(2)(A)(ii)(I) of the Act 12 and for the ‘‘Exchanges’’) each filed with the or related security or asset.10 The
reasons stated above, the Commission Securities and Exchange Commission Exchanges propose to remove the
designates August 30, 2017, as the date (‘‘Commission’’) pursuant to Section Prohibited Transactions Rule from their
by which the Commission shall approve 19(b)(1) of the Securities Exchange Act rulebooks.
or disapprove, or institute proceedings of 1934 (‘‘Exchange Act’’) 1 and Rule
to determine whether to disapprove, the 19b–4 thereunder,2 a proposed rule 4 See Securities Exchange Act Release Nos. 79284
proposed rule changes (File Nos. SR– change amending its respective Rule (Nov. 10, 2016), 81 FR 81222 (Nov. 17, 2016)
BatsBZX–2017–37; SR–BatsEDGX– (‘‘NYSE Notice’’) and 79283 (Nov. 10, 2016), 81 FR
104 to delete subsection (g)(i)(A)(III)— 81210 (Nov. 17, 2016) (‘‘NYSE MKT Notice’’).
2017–23; SR–BOX–2017–17; SR–C2– ‘‘Prohibited Transactions.’’ 3 Exchange 5 See Securities Exchange Act Release Nos. 79612
2017–018; SR–CBOE–2017–041; SR– Rule 104(g)(i)(A)(III) prohibits (Dec. 20, 2016), 81 FR 95205 (Dec. 27, 2016) and
FINRA–2017–013; SR–ISE–2017–46; Designated Market Makers (‘‘DMMs’’) 79611 (Dec. 20, 2016), 81 FR 95205 (Dec. 27, 2016).
SR–IEX–2017–18; SR–MIAX–2017–20; from engaging in a transaction that 6 See Securities Exchange Act Release Nos. 80044
SR–PEARL–2017–23; SR–NASDAQ– (Feb. 15, 2017), 82 FR 11388 (Feb. 22, 2017) (‘‘NYSE
establishes, during the last ten minutes Order Instituting Proceedings’’) and 80043 (Feb. 15,
2017–055; SR–BX–2017–027; SR– of trading before the close, a new high 2017), 82 FR 11379 (Feb. 22, 2017) (‘‘NYSE MKT
PHLX–2017–43; SR–NYSE–2017–23; (low) price for the day on the Exchange Order Instituting Proceedings’’) (collectively, the
in an assigned security in which the ‘‘Orders Instituting Proceedings’’).
9 See letters from William H. Herbert, Managing 7 See Letter from Stephen John Berger, Managing
DMM has a long (short) position
Director, Financial Information Forum, dated June Director, Government and Regulatory Policy,
22, 2017; Manisha Kimmel, Chief Regulatory
(‘‘Prohibited Transactions Rule’’). The Citadel Securities, to Brent J. Fields, Secretary,
Officer, Wealth Management, Thomson Reuters, Commission (Mar. 15, 2017) (‘‘Citadel Letter’’);
13 17
CFR 200.30–3(a)(31). Letter from Elizabeth K. King, General Counsel and
dated June 22, 2017; Marc R. Bryant, Senior Vice
President, Deputy General Counsel, Fidelity 1 15
U.S.C. 78s(b)(1). Corporate Secretary, NYSE, to Brent J. Fields,
Investments, dated June 22, 2017; and Ellen Greene, Secretary, Commission (Mar. 16, 2017) (‘‘NYSE
asabaliauskas on DSKBBXCHB2PROD with NOTICES
2 17 CFR 240.19b–4.
Managing Director and Theodore R. Lazo, Managing 3 This order refers to both NYSE Rule 104 and Letter’’). The Citadel Letter addressed only the
Director and Associate General Counsel, SIFMA, NYSE MKT Rule 104—Equities as ‘‘Exchange Rule NYSE proposal, which is substantively identical to
dated June 23, 2017. 104.’’ NYSE MKT Rule 104—Equities is based on the NYSE MKT proposal. The NYSE Letter was
10 These amendments modified Section 2 of the
and, in relevant part, substantively identical to submitted on behalf of both NYSE and NYSE MKT.
Form 19b–4 submitted by each of NASDAQ, BX, NYSE Rule 104. See Securities Exchange Act
8 See Securities Exchange Act Release Nos. 80552
ISE, and Phlx to state that on June 1, 2017, the Release Nos. 58705 (Oct. 1, 2008), 73 FR 58995 (Apr. 28, 2017), 82 FR 20927 (May 4, 2017) and
exchange obtained the necessary approval from its (Oct. 8. 2008) (SR–Amex–2008–63) and 59022 (Nov. 80550 (Apr. 28, 2017), 82 FR 20926 (May 4, 2017).
Board of Directors for the proposed rule change. 26, 2008), 73 FR 73683 (Dec. 3, 2008) (amending 9 See Exchange Rule 104(g)(i)(A)(III).
11 15 U.S.C. 78s(b)(2).
NYSE MKT equity rules to conform to NYSE New 10 See id.; see also Exchange Rule
12 15 U.S.C. 78s(b)(2)(A)(ii)(I). Market Model Pilot rules). 104(g)(i)(A)(II)(2)(i).
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Document Created: 2017-07-20 06:57:52
Document Modified: 2017-07-20 06:57:52
| 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 33533 |
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