82_FR_36986 82 FR 36836 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To Adopt FINRA Rule 6898 (Consolidated Audit Trail-Fee Dispute Resolution)

82 FR 36836 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To Adopt FINRA Rule 6898 (Consolidated Audit Trail-Fee Dispute Resolution)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 150 (August 7, 2017)

Page Range36836-36837
FR Document2017-16514

Federal Register, Volume 82 Issue 150 (Monday, August 7, 2017)
[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Notices]
[Pages 36836-36837]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16514]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81275; File No. SR-FINRA-2017-020]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Designation of a Longer Period for 
Commission Action on a Proposed Rule Change To Adopt FINRA Rule 6898 
(Consolidated Audit Trail--Fee Dispute Resolution)

August 1, 2017.
    On June 19, 2017, Financial Industry Regulatory Authority, Inc. 
(``FINRA'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 
thereunder,\2\ a proposed rule change to adopt Rule 6898 (Consolidated 
Audit Trail--Fee Dispute Resolution). The proposed rule change was 
published for comment in the Federal Register on July 6, 2017.\3\ The 
Commission received no comment letters on the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 81053 (June 29, 2017), 
82 FR 31366 (``Notice'').
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    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 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 
Commission is extending this 45-day time period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    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 the proposed rule change. The 
proposed rule change would establish the procedures for resolving 
potential disputes related to CAT Fees charged to Industry Members.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the 
Act,\5\ designates October 4, 2017, as the date by which the Commission 
should either approve or disapprove or institute proceedings to 
determine whether to

[[Page 36837]]

disapprove the proposed rule change (File Number SR-FINRA-2017-020).
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    \5\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-16514 Filed 8-4-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                  36836                         Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Notices

                                                  FOR FURTHER INFORMATION CONTACT:                        Under Seal; Filing Acceptance Date:                   SECURITIES AND EXCHANGE
                                                  David A. Trissell, General Counsel, at                  August 1, 2017; Filing Authority: 39 CFR              COMMISSION
                                                  202–789–6820.                                           3015.5; Public Representative: Kenneth
                                                  SUPPLEMENTARY INFORMATION:                              R. Moeller; Comments Due: August 9,                   [Release No. 34–81275; File No. SR–FINRA–
                                                  Table of Contents                                       2017.                                                 2017–020]
                                                                                                            2. Docket No(s).: CP2017–235; Filing
                                                  I. Introduction                                                                                               Self-Regulatory Organizations;
                                                  II. Docketed Proceeding(s)                              Title: Notice of the United States Postal
                                                                                                                                                                Financial Industry Regulatory
                                                                                                          Service of Filing a Functionally
                                                  I. Introduction                                                                                               Authority, Inc.; Notice of Designation
                                                                                                          Equivalent Global Plus 1D Negotiated                  of a Longer Period for Commission
                                                     The Commission gives notice that the                 Service Agreement and Application for                 Action on a Proposed Rule Change To
                                                  Postal Service filed request(s) for the                 Non-Public Treatment of Materials Filed               Adopt FINRA Rule 6898 (Consolidated
                                                  Commission to consider matters related                  Under Seal; Filing Acceptance Date:                   Audit Trail—Fee Dispute Resolution)
                                                  to negotiated service agreement(s). The                 August 1, 2017; Filing Authority: 39 CFR
                                                  request(s) may propose the addition or                  3015.5; Public Representative: Kenneth                August 1, 2017.
                                                  removal of a negotiated service                         R. Moeller; Comments Due: August 9,                      On June 19, 2017, Financial Industry
                                                  agreement from the market dominant or                   2017.                                                 Regulatory Authority, Inc. (‘‘FINRA’’)
                                                  the competitive product list, or the                                                                          filed with the Securities and Exchange
                                                  modification of an existing product                       3. Docket No(s).: CP2017–236; Filing
                                                                                                          Title: Notice of the United States Postal             Commission (‘‘Commission’’), pursuant
                                                  currently appearing on the market                                                                             to Section 19(b)(1) of the Securities
                                                  dominant or the competitive product                     Service of Filing a Functionally
                                                                                                          Equivalent Global Plus 1D Negotiated                  Exchange Act of 1934 (‘‘Act’’ or
                                                  list.                                                                                                         ‘‘Exchange Act’’) 1 and Rule 19b–4
                                                     Section II identifies the docket                     Service Agreement and Application for
                                                                                                          Non-Public Treatment of Materials Filed               thereunder,2 a proposed rule change to
                                                  number(s) associated with each Postal                                                                         adopt Rule 6898 (Consolidated Audit
                                                  Service request, the title of each Postal               Under Seal; Filing Acceptance Date:
                                                                                                                                                                Trail—Fee Dispute Resolution). The
                                                  Service request, the request’s acceptance               August 1, 2017; Filing Authority: 39 CFR
                                                                                                                                                                proposed rule change was published for
                                                  date, and the authority cited by the                    3015.5; Public Representative:
                                                                                                                                                                comment in the Federal Register on July
                                                  Postal Service for each request. For each               Christopher C. Mohr; Comments Due:                    6, 2017.3 The Commission received no
                                                  request, the Commission appoints an                     August 9, 2017.                                       comment letters on the proposed rule
                                                  officer of the Commission to represent                    4. Docket No(s).: CP2017–237; Filing                change.
                                                  the interests of the general public in the              Title: Notice of the United States Postal
                                                  proceeding, pursuant to 39 U.S.C. 505                                                                            Section 19(b)(2) of the Act 4 provides
                                                                                                          Service of Filing a Functionally                      that, within 45 days of the publication
                                                  (Public Representative). Section II also
                                                                                                          Equivalent Global Plus 1D Negotiated                  of notice of the filing of a proposed rule
                                                  establishes comment deadline(s)
                                                                                                          Service Agreement and Application for                 change, or within such longer period up
                                                  pertaining to each request.
                                                     The public portions of the Postal                    Non-Public Treatment of Materials Filed               to 90 days as the Commission may
                                                  Service’s request(s) can be accessed via                Under Seal; Filing Acceptance Date:                   designate if it finds such longer period
                                                  the Commission’s Web site (http://                      August 1, 2017; Filing Authority: 39 CFR              to be appropriate and publishes its
                                                  www.prc.gov). Non-public portions of                    3015.5; Public Representative:                        reasons for so finding or as to which the
                                                  the Postal Service’s request(s), if any,                Christopher C. Mohr; Comments Due:                    self-regulatory organization consents,
                                                  can be accessed through compliance                      August 9, 2017.                                       the Commission shall either approve the
                                                  with the requirements of 39 CFR                           5. Docket No(s).: CP2017–238; Filing                proposed rule change, disapprove the
                                                  3007.40.                                                                                                      proposed rule change, or institute
                                                                                                          Title: Notice of the United States Postal
                                                     The Commission invites comments on                                                                         proceedings to determine whether the
                                                                                                          Service of Filing a Functionally
                                                  whether the Postal Service’s request(s)                                                                       proposed rule change should be
                                                                                                          Equivalent Global Plus 1D Negotiated
                                                  in the captioned docket(s) are consistent                                                                     disapproved. The Commission is
                                                                                                          Service Agreement and Application for                 extending this 45-day time period.
                                                  with the policies of title 39. For                      Non-Public Treatment of Materials Filed
                                                  request(s) that the Postal Service states                                                                        The Commission finds that it is
                                                                                                          Under Seal; Filing Acceptance Date:
                                                  concern market dominant product(s),                                                                           appropriate to designate a longer period
                                                                                                          August 1, 2017; Filing Authority: 39 CFR
                                                  applicable statutory and regulatory                                                                           within which to take action on the
                                                  requirements include 39 U.S.C. 3622, 39                 3015.5; Public Representative:
                                                                                                                                                                proposed rule change so that it has
                                                  U.S.C. 3642, 39 CFR part 3010, and 39                   Christopher C. Mohr; Comments Due:
                                                                                                                                                                sufficient time to consider the proposed
                                                  CFR part 3020, subpart B. For request(s)                August 9, 2017.                                       rule change. The proposed rule change
                                                  that the Postal Service states concern                    This notice will be published in the                would establish the procedures for
                                                  competitive product(s), applicable                      Federal Register.                                     resolving potential disputes related to
                                                  statutory and regulatory requirements                                                                         CAT Fees charged to Industry Members.
                                                                                                          Stacy L. Ruble,
                                                  include 39 U.S.C. 3632, 39 U.S.C. 3633,                                                                          Accordingly, the Commission,
                                                  39 U.S.C. 3642, 39 CFR part 3015, and                   Secretary.
                                                                                                                                                                pursuant to Section 19(b)(2) of the Act,5
                                                  39 CFR part 3020, subpart B. Comment                    [FR Doc. 2017–16596 Filed 8–4–17; 8:45 am]
                                                                                                                                                                designates October 4, 2017, as the date
                                                  deadline(s) for each request appear in                  BILLING CODE 7710–FW–P                                by which the Commission should either
                                                  section II.                                                                                                   approve or disapprove or institute
mstockstill on DSK30JT082PROD with NOTICES




                                                  II. Docketed Proceeding(s)                                                                                    proceedings to determine whether to
                                                     1. Docket No(s).: CP2017–234; Filing                                                                         1 15  U.S.C. 78s(b)(1).
                                                  Title: Notice of the United States Postal                                                                       2 17  CFR 240.19b–4.
                                                  Service of Filing a Functionally                                                                                 3 Securities Exchange Act Release No. 81053
                                                  Equivalent Global Plus 1D Negotiated                                                                          (June 29, 2017), 82 FR 31366 (‘‘Notice’’).
                                                  Service Agreement and Application for                                                                            4 15 U.S.C. 78s(b)(2).

                                                  Non-Public Treatment of Materials Filed                                                                          5 15 U.S.C. 78s(b)(2).




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                                                                                Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Notices                                                       36837

                                                  disapprove the proposed rule change                     Exchange’s Web site at                                  participants so that they may exclude
                                                  (File Number SR–FINRA–2017–020).                        www.iextrading.com, at the principal                    such trades from relevant pricing
                                                    For the Commission, by the Division of                office of the Exchange, and at the                      metrics (e.g., high, low and last sale
                                                  Trading and Markets, pursuant to delegated              Commission’s Public Reference Room.                     prices). Accordingly, IEX is proposing to
                                                  authority.6                                                                                                     adopt a policy substantially similar to
                                                                                                          II. Self-Regulatory Organization’s
                                                  Eduardo A. Aleman,                                                                                              the existing policies of such other
                                                                                                          Statement of the Purpose of, and the
                                                  Assistant Secretary.                                                                                            national securities exchanges as
                                                                                                          Statutory Basis for, the Proposed Rule
                                                                                                                                                                  described below.10
                                                  [FR Doc. 2017–16514 Filed 8–4–17; 8:45 am]              Change
                                                                                                                                                                     During the course of surveillance by
                                                  BILLING CODE 8011–01–P
                                                                                                             In its filing with the Commission, the               the Exchange or as a result of
                                                                                                          self-regulatory organization included                   notification by another market, listed
                                                                                                          statements concerning the purpose of                    company,11 or market participant, the
                                                  SECURITIES AND EXCHANGE
                                                                                                          and basis for the proposed rule change                  Exchange may become aware of trade
                                                  COMMISSION
                                                                                                          and discussed any comments it received                  prices that do not accurately reflect the
                                                  [Release No. 34–81278; File No. SR–IEX–                 on the proposed rule change. The text                   prevailing market for a security. In such
                                                  2017–24]                                                of these statement may be examined at                   a case, the Exchange will contact the
                                                                                                          the places specified in Item IV below.                  listing exchange (if the Exchange is not
                                                  Self-Regulatory Organizations;                          The self-regulatory organization has                    the listing exchange) and other markets
                                                  Investors Exchange LLC; Notice of                       prepared summaries, set forth in                        (in the case of executions that take place
                                                  Filing and Immediate Effectiveness of                   Sections A, B, and C below, of the most                 across multiple markets) to seek
                                                  Proposed Rule Change To Adopt a                         significant aspects of such statements.                 consensus as to whether the trade price
                                                  Policy Relating to Its Treatment of
                                                                                                          A. Self-Regulatory Organization’s                       is consistent with the prevailing market
                                                  Trade Reports That It Determines To
                                                                                                          Statement of the Purpose of, and the                    for the security. If the Exchange
                                                  Be Inconsistent With the Prevailing
                                                                                                          Statutory Basis for, the Proposed Rule                  determines that the trade price is
                                                  Market
                                                                                                          Change                                                  inconsistent with the prevailing market
                                                  August 1, 2017.                                                                                                 for the security after considering the
                                                     Pursuant to Section 19(b)(1) 1 of the                1. Purpose                                              factors discussed below, the Exchange
                                                  Securities Exchange Act of 1934 (the                       Trades in listed securities                          will append an Aberrant Report
                                                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  occasionally occur at prices that deviate               Indicator to the trade pursuant to
                                                  notice is hereby given that, on July 18,                from prevailing market prices and those                 applicable CTA and UTP procedures.
                                                  2017, the Investors Exchange LLC                        trades sometimes establish a high, low                  Appending an Aberrant Report Indicator
                                                  (‘‘IEX’’ or the ‘‘Exchange’’) filed with the            or last sale price for a security that does             to the trade will have no effect on the
                                                  Securities and Exchange Commission                      not reflect the true market for the                     validity of the underlying trade.
                                                  (the ‘‘Commission’’) the proposed rule                  security. The Consolidated Tape                            IEX currently trades securities on an
                                                  change as described in Items I and II                   Association (‘‘CTA’’) Plan and the                      unlisted trading privilege (‘‘UTP’’) basis,
                                                  below, which Items have been prepared                   Nasdaq UTP Plan (‘‘UTP Plan’’) each                     that are listed on other exchanges. IEX
                                                  by the self-regulatory organization. The                offer participants in such plans with the               also intends to become a primary listing
                                                  Commission is publishing this notice to                 discretion to append an Aberrant Report                 exchange. The proposed policy would
                                                  solicit comments on the proposed rule                   Indicator to a trade report to indicate                 be applicable to trades that occur on
                                                  change from interested persons.                         that the market believes that the trade                 IEX, whether traded on a UTP basis or
                                                                                                          price of a particular trade executed on                 listed on IEX.
                                                  I. Self-Regulatory Organization’s                                                                                  In making the determination to
                                                                                                          the participant’s market does not
                                                  Statement of the Terms of Substance of                                                                          append the Aberrant Report Indicator to
                                                                                                          accurately reflect the prevailing market
                                                  the Proposed Rule Change                                                                                        a particular trade, the Exchange shall
                                                                                                          for the security in question.8 The New
                                                     Pursuant to the provisions of Section                York Stock Exchange (‘‘NYSE’’), Nasdaq                  consider all factors related to a trade,
                                                  19(b)(1) under the Securities Exchange                  Stock Market (‘‘Nasdaq’’) and several                   including, but not limited to, the
                                                  Act of 1934 (‘‘Act’’),4 and Rule 19b–4                  other national securities exchanges have                following:
                                                  thereunder,5 Investors Exchange LLC                     adopted policies related to use of the                     • Material news released for the
                                                  (‘‘IEX’’ or ‘‘Exchange’’) is filing with the            Aberrant Report Indicator for equities                  security;
                                                  Commission a proposed rule change to                    trades that, while not eligible for                        • Suspicious trading activity;
                                                  adopt a policy relating to its treatment                cancellation pursuant to applicable                        • System malfunctions or
                                                  of trade reports that it determines to be               exchange rules governing clearly                        disruptions;
                                                  inconsistent with the prevailing market.                erroneous executions, are determined                       • Locked or crossed markets;
                                                  The Exchange has designated this rule                   not to accurately reflect the prevailing                   • A recent trading halt or resumption
                                                  change as ‘‘non-controversial’’ under                   market for the security in question.9 The               of trading in the security;
                                                  Section 19(b)(3)(A) of the Act 6 and                    Exchange believes that such policies are                   • Whether the security is in its initial
                                                  provided the Commission with the                        appropriate in order to identify such                   public offering;
                                                  notice required by Rule 19b–4(f)(6)                     trades to vendors and market                               • Volume and volatility for the
                                                  thereunder.7 The text of the proposed                                                                           security;
                                                  rule change is available at the                           8 The CTA recommends that data recipients

                                                                                                          should exclude the price of any trade to which the        10 See  note 9 supra.
mstockstill on DSK30JT082PROD with NOTICES




                                                    6 17 CFR 200.30–3(a)(31).                             Aberrant Report Indicator has been appended from          11 On  June 17, 2016 the Commission granted IEX’s
                                                    1 15 U.S.C. 78s(b)(1).                                any calculation of the high, low and last sale prices   application for registration as a national securities
                                                    2 15 U.S.C. 78a.                                      for the security.                                       exchange under Section 6 of the Act including
                                                                                                            9 See, e.g., Securities Exchange Act Release No.      approval of rules applicable to the qualification,
                                                    3 17 CFR 240.19b–4.
                                                    4 15 U.S.C. 78s(b)(1).
                                                                                                          59151 (December 23, 2008), 74 FR 158 (January 2,        listing and delisting of companies on the Exchange.
                                                                                                          2009) (SR–NASDAQ–2008–100) and Securities               (See Securities Exchange Act Release No. 34–78101
                                                    5 17 CRF 240.19b–4.
                                                                                                          Exchange Act Release No. 58736 (October 6, 2008),       (June 17, 2016), 81 FR 41141 (June 23, 2016) (File
                                                    6 15 U.S.C. 78s(b)(3)(A).
                                                                                                          73 FR 60380 (October 10, 2008) (SR–NYSE–2008–           No. 10–222)). The Exchange plans to begin a listing
                                                    7 17 CFR 240.19b–4.                                   91).                                                    program in 2017.



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Document Created: 2017-08-05 02:59:48
Document Modified: 2017-08-05 02:59:48
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 36836 

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