82_FR_39306 82 FR 39148 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Further Clarify When Nasdaq PSX Will Utilize the Secondary Source of Data Pursuant to Rule 3304

82 FR 39148 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Further Clarify When Nasdaq PSX Will Utilize the Secondary Source of Data Pursuant to Rule 3304

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 158 (August 17, 2017)

Page Range39148-39150
FR Document2017-17367

Federal Register, Volume 82 Issue 158 (Thursday, August 17, 2017)
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Notices]
[Pages 39148-39150]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17367]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81382; File No. SR-Phlx-2017-65]


Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Further Clarify 
When Nasdaq PSX Will Utilize the Secondary Source of Data Pursuant to 
Rule 3304

August 11, 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 August 2, 2017, NASDAQ PHLX LLC (``Phlx'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the Exchange. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to a proposed rule change to further clarify 
when Nasdaq PSX (``PSX'') will utilize the Secondary Source of data 
pursuant to Rule 3304.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqphlx.cchwallstreet.com/ 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.

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

1. Purpose
    The purpose of the proposed rule change is to clarify when PSX will 
utilize the Secondary Source of data pursuant to Rule 3304. Rule 3304 
lists the proprietary and network processor feeds that are utilized for 
the handling, routing, and execution of orders, as well as for the 
regulatory compliance processes related to those functions. Rule 3304 
also lists Secondary Sources of data that are utilized in emergency 
market conditions, and only until those emergency conditions are 
resolved. The Exchange proposes to amend this rule to describe how the 
PSX trading system decides when to use the Primary or Secondary Source 
of data. Specifically, the Exchange proposes to amend Rule 3304 to 
clarify that the Primary Source of data is used unless it is delayed by 
a configurable amount compared to the Secondary Source of data.\3\ The 
Exchange will revert to the Primary Source of data once the delay has 
been resolved. The configurable amount described in this rule will be 
made available to members via Equity Trader Alert.
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    \3\ As a conforming change, the Exchange proposes to remove the 
current rule text that indicates that the Secondary Source of data 
is, where applicable, utilized only in emergency market conditions 
and only until those emergency conditions are resolved. The Exchange 
does not believe that this language is needed as the amended rule 
would now indicate with more specificity when the Exchange fails 
over to the Secondary Source of data.
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    The Exchange believes that this clarification is necessary in light 
of the re-launch of NYSE MKT as NYSE American, which is scheduled for 
July 24, 2017.\4\ NYSE American rules provide for an intentional 350 
microsecond access delay to certain inbound and outbound order messages 
on that exchange, including all outbound communications to proprietary 
market data feeds. NYSE American will not apply a similar delay to 
outbound communications to the securities information processor 
(``SIP''). Due to the intentional delay of proprietary market data to 
be disseminated by NYSE American, the Exchange believes that fail over 
to the Secondary Source of Data may sometimes be necessary even during 
otherwise normal operation to ensure that the fastest and most reliable 
data is used for the handling, routing, and execution of orders, and 
for regulatory compliance purposes.
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    \4\ See Securities Exchange Act Release No 80700 (May 16, 2017), 
82 FR 23381 (May 22, 2017) (SR-NYSEMKT-2017-05) (Approval Order).
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    Currently, the PSX trading system utilizes proprietary market data 
as the Primary Source for the following markets that provide a reliable 
proprietary data feed: NYSE MKT, NASDAQ OMX BX, DirectEdge A, 
DirectEdge X, CHX, NYSE, NYSE Arca, NASDAQ, NASDAQ OMX PSX, BATS Y-
Exchange, and BATS Exchange. For each of these markets, the Exchange 
uses SIP data as the Secondary Source.\5\ The trading system then uses 
certain real-time logic to determine whether emergency market 
conditions exist that should result in the failover to the Secondary 
Source of data from the Primary Source. Specifically, the trading 
system fails over to the Secondary Source of data for these markets if 
the Primary Source of data is delayed by a configurable amount compared 
to the Secondary Source.\6\ A significant delay of the Primary Source 
of data compared to the Secondary Source of data indicates that there 
is an emergency market condition pursuant to Rule 4759 [sic]. In such 
an instance, the Exchange believes that it is appropriate to fail over 
to the Secondary Source of data as the Secondary Source of data is more 
current. If the Exchange fails over to the Secondary Source of data it 
will re-elect the Primary Source of data if the Primary Source of data 
is no longer delayed compared to the Secondary Source. This process 
ensures that the PSX's trading and other systems have the most accurate 
view of the trading interest available across other markets.
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    \5\ SIP data is used as the Primary Source for NSX, FINRA ADF, 
and IEX. There is no Secondary Source for these markets.
    \6\ A delay is indicated by data being received by the Exchange 
from the Secondary Source that has a more recent timestamp than the 
Primary Source. Fail over then occurs once such a delay has reached 
a configurable value. The configurable amount described in this rule 
will be made available to members via Equity Trader Alert. 
Currently, this configurable value is set to 1.5 seconds. The 
Exchange will issue an Equity Trader Alert to members to notify them 
of the current value and in the event that it changes this value.
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    With the upcoming launch of NYSE American, the Exchange believes 
that its current rule should be amended to better reflect intentional 
delays to the Primary Source of data. Specifically, the Exchange 
desires to make clear that even otherwise normal operation of the 
Primary Source of data may result in the Exchange electing the 
Secondary Source of data if that operation includes an intentional 
delay. This would be the

[[Page 39149]]

case even if such operation would not normally be deemed an emergency 
market condition. Although the Exchange's process for determining which 
data to use will not change at this time,\7\ the Exchange believes that 
it is important to clarify that process so that members and other 
market participants are adequately apprised of when the Exchange will 
use the Primary or Secondary Source of data.
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    \7\ The Exchange may decrease the amount of delay required to 
switch to the Secondary Source of data at a later date. The Exchange 
will alert members of any such change with an Equity Trader Alert. 
See id.
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    As explained earlier in this proposed rule change, the Exchange 
employs an automated, real-time, process to determine if there is an 
emergency market condition pursuant to Rule 4759 [sic]. In particular, 
the Exchange determines whether there is an emergency market condition 
by comparing the timestamp of the Primary Source of data with the 
timestamp of the Secondary Source of data. The Exchange believes that a 
significant delay in the Primary Source of data compared to the 
Secondary Source is an emergency market condition because such a delay 
is not consistent with normal operation of such data feeds. The 
Exchange does not believe that the current emergency market conditions 
language is clear, however, when dealing with markets such as NYSE 
American that have employed an intentional delay in the data 
disseminated over the direct data feeds utilized by the Exchange as the 
Primary Source of data. Currently, the Primary Source of data is used 
unless it is delayed by a configurable amount compared to the Secondary 
Source of data. The Exchange then reverts to the Primary Source of data 
once the delay has been resolved. The Primary Source of data may be 
delayed due to technical issues that would normally be considered an 
emergency market condition, or during otherwise normal operation of the 
Primary Source of data if an intentional delay has been implemented. In 
this respect, the Exchange notes that even NYSE Arca--an affiliate of 
NYSE American--has decided to use SIP data as the primary source of 
data for NYSE American due to the intentional delay of messages on 
their proprietary market data.\8\ Although the Exchange is not 
proposing to change its Primary Source of data for NYSE American, the 
Exchange believes that modifying its rules to clarify the conditions 
where the Secondary Source of data may be elected will increase 
transparency of the operation of the Exchange to the benefit of members 
and other market participants.
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    \8\ See Securities Exchange Act Release No. 34-81061 (June 30, 
2017), 82 FR 31642 (July 7, 2017) (SR-Arca-2017-70).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\9\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\10\ 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change removes 
impediments to and perfects the mechanism of a free and open market and 
protects investors and the public interest because it provides 
additional transparency around when PSX will elect to use the Secondary 
Source of data for the handling, routing, and execution of orders, and 
for regulatory compliance purposes. The proposed rule change does not 
change the operation of the Exchange or its use of data feeds; rather 
it clarifies when the Exchange will elect the Secondary Source of data 
pursuant to Rule 3304. Currently, Rule 4759 [sic] indicates that the 
Exchange will fail over to the Secondary Source of data if there is an 
emergency market condition but does not specify what counts as an 
emergency market condition pursuant to the rule. In fact, the Exchange 
has an automated, real-time, process for determining whether an 
emergency market condition exists by measuring the amount of delay 
between the Primary and Secondary Sources of data. The proposed rule 
change therefore clarifies that the Exchange will elect the Secondary 
Source of data if the Primary Source of data is delayed by a 
configurable amount (made available to members via Equity Trader 
Alert), and will then revert to the Primary Source of data once the 
delay has been resolved. The Secondary Source of data may be elected 
even during otherwise normal operation because of intentional delays in 
the dissemination of market data over an exchange's proprietary market 
data feeds. The Exchange believes that this change is appropriate in 
light of the launch of the NYSE American exchange, which will come with 
an intentional delay of market data provided through proprietary data 
products used by PSX as the Primary Source of data. The Exchange 
believes the additional transparency of the operation of the Exchange 
as described in the proposed rule change will remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general, protect investors and the public interest.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change is 
not designed to address any competitive issue but rather would provide 
members and other market participants with information about when PSX 
will utilize its Secondary Source of data. The Exchange believes that 
this change will increase transparency around the operation of the 
Exchange without any significant impact on competition.

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 \11\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 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, along 
with a brief description and the text of the proposed rule change, 
at least five business days prior to the date of filing of the 
proposed rule change, or such shorter time as designated by the 
Commission. The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \13\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \14\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day

[[Page 39150]]

operative delay. The Commission believes that waiving the 30-day 
operative delay is consistent with the protection of investors and the 
public interest as it will allow the Exchange to clarify the conditions 
under which the Secondary Source of data may be elected and increase 
transparency of the operation of the Exchange. Accordingly, the 
Commission hereby waives the operative delay and designates the 
proposal operative upon filing.\15\
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    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-Phlx-2017-65 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-Phlx-2017-65. 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-Phlx-2017-65 and should be 
submitted on or before September 7, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-17367 Filed 8-16-17; 8:45 am]
BILLING CODE 8011-01-P



                                                39148                          Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices

                                                  For the Commission, by the Division of                Exchange has prepared summaries, set                  sometimes be necessary even during
                                                Trading and Markets, pursuant to delegated              forth in sections A, B, and C below, of               otherwise normal operation to ensure
                                                authority.16                                            the most significant aspects of such                  that the fastest and most reliable data is
                                                Robert W. Errett,                                       statements.                                           used for the handling, routing, and
                                                Deputy Secretary.                                                                                             execution of orders, and for regulatory
                                                                                                        A. Self-Regulatory Organization’s
                                                [FR Doc. 2017–17366 Filed 8–16–17; 8:45 am]                                                                   compliance purposes.
                                                                                                        Statement of the Purpose of, and                         Currently, the PSX trading system
                                                BILLING CODE 8011–01–P
                                                                                                        Statutory Basis for, the Proposed Rule                utilizes proprietary market data as the
                                                                                                        Change                                                Primary Source for the following
                                                SECURITIES AND EXCHANGE                                 1. Purpose                                            markets that provide a reliable
                                                COMMISSION                                                                                                    proprietary data feed: NYSE MKT,
                                                                                                          The purpose of the proposed rule                    NASDAQ OMX BX, DirectEdge A,
                                                [Release No. 34–81382; File No. SR–Phlx–                change is to clarify when PSX will                    DirectEdge X, CHX, NYSE, NYSE Arca,
                                                2017–65]                                                utilize the Secondary Source of data                  NASDAQ, NASDAQ OMX PSX, BATS
                                                                                                        pursuant to Rule 3304. Rule 3304 lists                Y-Exchange, and BATS Exchange. For
                                                Self-Regulatory Organizations;                          the proprietary and network processor
                                                NASDAQ PHLX LLC; Notice of Filing                                                                             each of these markets, the Exchange
                                                                                                        feeds that are utilized for the handling,             uses SIP data as the Secondary Source.5
                                                and Immediate Effectiveness of                          routing, and execution of orders, as well
                                                Proposed Rule Change To Further                                                                               The trading system then uses certain
                                                                                                        as for the regulatory compliance                      real-time logic to determine whether
                                                Clarify When Nasdaq PSX Will Utilize                    processes related to those functions.
                                                the Secondary Source of Data                                                                                  emergency market conditions exist that
                                                                                                        Rule 3304 also lists Secondary Sources                should result in the failover to the
                                                Pursuant to Rule 3304                                   of data that are utilized in emergency                Secondary Source of data from the
                                                August 11, 2017.                                        market conditions, and only until those               Primary Source. Specifically, the trading
                                                   Pursuant to Section 19(b)(1) of the                  emergency conditions are resolved. The                system fails over to the Secondary
                                                Securities Exchange Act of 1934                         Exchange proposes to amend this rule to               Source of data for these markets if the
                                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 describe how the PSX trading system                   Primary Source of data is delayed by a
                                                notice is hereby given that on August 2,                decides when to use the Primary or                    configurable amount compared to the
                                                2017, NASDAQ PHLX LLC (‘‘Phlx’’ or                      Secondary Source of data. Specifically,               Secondary Source.6 A significant delay
                                                ‘‘Exchange’’) filed with the Securities                 the Exchange proposes to amend Rule                   of the Primary Source of data compared
                                                and Exchange Commission                                 3304 to clarify that the Primary Source               to the Secondary Source of data
                                                (‘‘Commission’’) the proposed rule                      of data is used unless it is delayed by               indicates that there is an emergency
                                                change as described in Items I and II                   a configurable amount compared to the                 market condition pursuant to Rule 4759
                                                below, which Items have been prepared                   Secondary Source of data.3 The                        [sic]. In such an instance, the Exchange
                                                by the Exchange. The Commission is                      Exchange will revert to the Primary                   believes that it is appropriate to fail over
                                                publishing this notice to solicit                       Source of data once the delay has been                to the Secondary Source of data as the
                                                comments on the proposed rule change                    resolved. The configurable amount                     Secondary Source of data is more
                                                from interested persons.                                described in this rule will be made                   current. If the Exchange fails over to the
                                                                                                        available to members via Equity Trader                Secondary Source of data it will re-elect
                                                I. Self-Regulatory Organization’s                       Alert.
                                                Statement of the Terms of Substance of                                                                        the Primary Source of data if the
                                                                                                          The Exchange believes that this                     Primary Source of data is no longer
                                                the Proposed Rule Change                                clarification is necessary in light of the            delayed compared to the Secondary
                                                   The Exchange proposes to a proposed                  re-launch of NYSE MKT as NYSE                         Source. This process ensures that the
                                                rule change to further clarify when                     American, which is scheduled for July                 PSX’s trading and other systems have
                                                Nasdaq PSX (‘‘PSX’’) will utilize the                   24, 2017.4 NYSE American rules                        the most accurate view of the trading
                                                Secondary Source of data pursuant to                    provide for an intentional 350                        interest available across other markets.
                                                Rule 3304.                                              microsecond access delay to certain                      With the upcoming launch of NYSE
                                                   The text of the proposed rule change                 inbound and outbound order messages                   American, the Exchange believes that its
                                                is available on the Exchange’s Web site                 on that exchange, including all                       current rule should be amended to
                                                at http://nasdaqphlx.cchwallstreet.                     outbound communications to                            better reflect intentional delays to the
                                                com/, at the principal office of the                    proprietary market data feeds. NYSE                   Primary Source of data. Specifically, the
                                                Exchange, and at the Commission’s                       American will not apply a similar delay               Exchange desires to make clear that
                                                Public Reference Room.                                  to outbound communications to the                     even otherwise normal operation of the
                                                                                                        securities information processor (‘‘SIP’’).           Primary Source of data may result in the
                                                II. Self-Regulatory Organization’s                      Due to the intentional delay of
                                                Statement of the Purpose of, and                                                                              Exchange electing the Secondary Source
                                                                                                        proprietary market data to be                         of data if that operation includes an
                                                Statutory Basis for, the Proposed Rule                  disseminated by NYSE American, the
                                                Change                                                                                                        intentional delay. This would be the
                                                                                                        Exchange believes that fail over to the
                                                  In its filing with the Commission, the                Secondary Source of Data may                            5 SIP data is used as the Primary Source for NSX,

                                                Exchange included statements                                                                                  FINRA ADF, and IEX. There is no Secondary
                                                                                                           3 As a conforming change, the Exchange proposes    Source for these markets.
                                                concerning the purpose of and basis for
                                                                                                        to remove the current rule text that indicates that     6 A delay is indicated by data being received by
                                                the proposed rule change and discussed                  the Secondary Source of data is, where applicable,    the Exchange from the Secondary Source that has
sradovich on DSK3GMQ082PROD with NOTICES




                                                any comments it received on the                         utilized only in emergency market conditions and      a more recent timestamp than the Primary Source.
                                                proposed rule change. The text of these                 only until those emergency conditions are resolved.   Fail over then occurs once such a delay has reached
                                                statements may be examined at the                       The Exchange does not believe that this language      a configurable value. The configurable amount
                                                                                                        is needed as the amended rule would now indicate      described in this rule will be made available to
                                                places specified in Item IV below. The                  with more specificity when the Exchange fails over    members via Equity Trader Alert. Currently, this
                                                                                                        to the Secondary Source of data.                      configurable value is set to 1.5 seconds. The
                                                  16 17 CFR 200.30–3(a)(12).                               4 See Securities Exchange Act Release No 80700     Exchange will issue an Equity Trader Alert to
                                                  1 15 U.S.C. 78s(b)(1).                                (May 16, 2017), 82 FR 23381 (May 22, 2017) (SR–       members to notify them of the current value and in
                                                  2 17 CFR 240.19b–4.                                   NYSEMKT–2017–05) (Approval Order).                    the event that it changes this value.



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                                                                            Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices                                                        39149

                                                case even if such operation would not                   transparency of the operation of the                    operation of the Exchange as described
                                                normally be deemed an emergency                         Exchange to the benefit of members and                  in the proposed rule change will remove
                                                market condition. Although the                          other market participants.                              impediments to and perfect the
                                                Exchange’s process for determining                                                                              mechanism of a free and open market
                                                                                                        2. Statutory Basis
                                                which data to use will not change at this                                                                       and a national market system, and, in
                                                time,7 the Exchange believes that it is                    The Exchange believes that its                       general, protect investors and the public
                                                important to clarify that process so that               proposal is consistent with Section 6(b)                interest.
                                                members and other market participants                   of the Act,9 in general, and furthers the
                                                                                                        objectives of Section 6(b)(5) of the Act,10             B. Self-Regulatory Organization’s
                                                are adequately apprised of when the
                                                                                                        in particular, in that it is designed to                Statement on Burden on Competition
                                                Exchange will use the Primary or
                                                Secondary Source of data.                               promote just and equitable principles of                   The Exchange does not believe that
                                                   As explained earlier in this proposed                trade, to remove impediments to and                     the proposed rule change will impose
                                                rule change, the Exchange employs an                    perfect the mechanism of a free and                     any burden on competition that is not
                                                automated, real-time, process to                        open market and a national market                       necessary or appropriate in furtherance
                                                determine if there is an emergency                      system, and, in general to protect                      of the purposes of the Act. The
                                                market condition pursuant to Rule 4759                  investors and the public interest.                      proposed rule change is not designed to
                                                [sic]. In particular, the Exchange                         The Exchange believes that the                       address any competitive issue but rather
                                                determines whether there is an                          proposed rule change removes                            would provide members and other
                                                emergency market condition by                           impediments to and perfects the                         market participants with information
                                                comparing the timestamp of the Primary                  mechanism of a free and open market                     about when PSX will utilize its
                                                Source of data with the timestamp of the                and protects investors and the public                   Secondary Source of data. The Exchange
                                                Secondary Source of data. The Exchange                  interest because it provides additional                 believes that this change will increase
                                                believes that a significant delay in the                transparency around when PSX will                       transparency around the operation of
                                                Primary Source of data compared to the                  elect to use the Secondary Source of                    the Exchange without any significant
                                                Secondary Source is an emergency                        data for the handling, routing, and                     impact on competition.
                                                market condition because such a delay                   execution of orders, and for regulatory
                                                                                                        compliance purposes. The proposed                       C. Self-Regulatory Organization’s
                                                is not consistent with normal operation                                                                         Statement on Comments on the
                                                of such data feeds. The Exchange does                   rule change does not change the
                                                                                                        operation of the Exchange or its use of                 Proposed Rule Change Received From
                                                not believe that the current emergency
                                                                                                        data feeds; rather it clarifies when the                Members, Participants, or Others
                                                market conditions language is clear,
                                                however, when dealing with markets                      Exchange will elect the Secondary                         No written comments were either
                                                such as NYSE American that have                         Source of data pursuant to Rule 3304.                   solicited or received.
                                                employed an intentional delay in the                    Currently, Rule 4759 [sic] indicates that
                                                                                                                                                                III. Date of Effectiveness of the
                                                data disseminated over the direct data                  the Exchange will fail over to the
                                                                                                                                                                Proposed Rule Change and Timing for
                                                feeds utilized by the Exchange as the                   Secondary Source of data if there is an
                                                                                                                                                                Commission Action
                                                Primary Source of data. Currently, the                  emergency market condition but does
                                                Primary Source of data is used unless it                not specify what counts as an                              Because the foregoing proposed rule
                                                is delayed by a configurable amount                     emergency market condition pursuant to                  change does not: (i) Significantly affect
                                                compared to the Secondary Source of                     the rule. In fact, the Exchange has an                  the protection of investors or the public
                                                data. The Exchange then reverts to the                  automated, real-time, process for                       interest; (ii) impose any significant
                                                Primary Source of data once the delay                   determining whether an emergency                        burden on competition; and (iii) become
                                                has been resolved. The Primary Source                   market condition exists by measuring                    operative for 30 days from the date on
                                                of data may be delayed due to technical                 the amount of delay between the                         which it was filed, or such shorter time
                                                issues that would normally be                           Primary and Secondary Sources of data.                  as the Commission may designate, it has
                                                considered an emergency market                          The proposed rule change therefore                      become effective pursuant to Section
                                                condition, or during otherwise normal                   clarifies that the Exchange will elect the              19(b)(3)(A)(iii) of the Act 11 and
                                                operation of the Primary Source of data                 Secondary Source of data if the Primary                 subparagraph (f)(6) of Rule 19b–4
                                                if an intentional delay has been                        Source of data is delayed by a                          thereunder.12
                                                implemented. In this respect, the                       configurable amount (made available to                     A proposed rule change filed
                                                Exchange notes that even NYSE Arca—                     members via Equity Trader Alert), and                   pursuant to Rule 19b–4(f)(6) under the
                                                an affiliate of NYSE American—has                       will then revert to the Primary Source                  Act 13 normally does not become
                                                decided to use SIP data as the primary                  of data once the delay has been                         operative for 30 days after the date of its
                                                source of data for NYSE American due                    resolved. The Secondary Source of data                  filing. However, Rule 19b–4(f)(6)(iii) 14
                                                to the intentional delay of messages on                 may be elected even during otherwise                    permits the Commission to designate a
                                                their proprietary market data.8 Although                normal operation because of intentional                 shorter time if such action is consistent
                                                the Exchange is not proposing to change                 delays in the dissemination of market                   with the protection of investors and the
                                                its Primary Source of data for NYSE                     data over an exchange’s proprietary                     public interest. The Exchange has asked
                                                American, the Exchange believes that                    market data feeds. The Exchange                         the Commission to waive the 30-day
                                                modifying its rules to clarify the                      believes that this change is appropriate
                                                                                                                                                                  11 15  U.S.C. 78s(b)(3)(A)(iii).
                                                conditions where the Secondary Source                   in light of the launch of the NYSE
                                                                                                                                                                  12 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                of data may be elected will increase                    American exchange, which will come                      4(f)(6) requires a self-regulatory organization to give
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                                                                                                        with an intentional delay of market data                the Commission written notice of its intent to file
                                                   7 The Exchange may decrease the amount of delay      provided through proprietary data                       the proposed rule change, along with a brief
                                                required to switch to the Secondary Source of data      products used by PSX as the Primary                     description and the text of the proposed rule
                                                at a later date. The Exchange will alert members of                                                             change, at least five business days prior to the date
                                                                                                        Source of data. The Exchange believes                   of filing of the proposed rule change, or such
                                                any such change with an Equity Trader Alert. See
                                                id.                                                     the additional transparency of the                      shorter time as designated by the Commission. The
                                                   8 See Securities Exchange Act Release No. 34–                                                                Exchange has satisfied this requirement.
                                                                                                          9 15   U.S.C. 78f(b).                                   13 17 CFR 240.19b–4(f)(6).
                                                81061 (June 30, 2017), 82 FR 31642 (July 7, 2017)
                                                (SR–Arca–2017–70).                                        10 15   U.S.C. 78f(b)(5).                               14 17 CFR 240.19b–4(f)(6)(iii).




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                                                39150                       Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices

                                                operative delay. The Commission                         proposed rule change between the                       409 3rd Street SW., Suite 6050,
                                                believes that waiving the 30-day                        Commission and any person, other than                  Washington, DC 20416, (202) 205–6734.
                                                operative delay is consistent with the                  those that may be withheld from the                    SUPPLEMENTARY INFORMATION: Notice is
                                                protection of investors and the public                  public in accordance with the                          hereby given that as a result of the
                                                interest as it will allow the Exchange to               provisions of 5 U.S.C. 552, will be                    President’s major disaster declaration on
                                                clarify the conditions under which the                  available for Web site viewing and                     08/09/2017, Private Non-Profit
                                                Secondary Source of data may be                         printing in the Commission’s Public                    organizations that provide essential
                                                elected and increase transparency of the                Reference Room, 100 F Street NE.,                      services of a governmental nature may
                                                operation of the Exchange. Accordingly,                 Washington, DC 20549, on official                      file disaster loan applications at the
                                                the Commission hereby waives the                        business days between the hours of                     address listed above or other locally
                                                operative delay and designates the                      10:00 a.m. and 3:00 p.m. Copies of the                 announced locations.
                                                proposal operative upon filing.15                       filing also will be available for                         The following areas have been
                                                   At any time within 60 days of the                    inspection and copying at the principal                determined to be adversely affected by
                                                filing of the proposed rule change, the                 office of the Exchange. All comments                   the disaster:
                                                Commission summarily may                                received will be posted without change;
                                                temporarily suspend such rule change if                                                                        Primary Counties: Grafton.
                                                                                                        the Commission does not edit personal
                                                it appears to the Commission that such                  identifying information from                              The Interest Rates are:
                                                action is: (i) Necessary or appropriate in              submissions. You should submit only
                                                the public interest; (ii) for the protection                                                                                                                     Percent
                                                                                                        information that you wish to make
                                                of investors; or (iii) otherwise in                     available publicly. All submissions                    For Physical Damage:
                                                furtherance of the purposes of the Act.                 should refer to File Number SR–Phlx–                     Non-Profit Organizations With
                                                If the Commission takes such action, the                2017–65 and should be submitted on or                      Credit Available Elsewhere ...                  2.500
                                                Commission shall institute proceedings                  before September 7, 2017.                                Non-Profit Organizations With-
                                                to determine whether the proposed rule                                                                             out Credit Available Else-
                                                should be approved or disapproved.                        For the Commission, by the Division of
                                                                                                                                                                   where .....................................     2.500
                                                                                                        Trading and Markets, pursuant to delegated
                                                                                                                                                               For Economic Injury:
                                                IV. Solicitation of Comments                            authority.16
                                                                                                                                                                 Non-Profit Organizations With-
                                                  Interested persons are invited to                     Robert W. Errett,                                          out Credit Available Else-
                                                submit written data, views, and                         Deputy Secretary.                                          where .....................................     2.500
                                                arguments concerning the foregoing,                     [FR Doc. 2017–17367 Filed 8–16–17; 8:45 am]
                                                including whether the proposed rule                     BILLING CODE 8011–01–P                                   The number assigned to this disaster
                                                change is consistent with the Act.                                                                             for physical damage is 15245B and for
                                                Comments may be submitted by any of                                                                            economic injury is 152460.
                                                the following methods:                                  SMALL BUSINESS ADMINISTRATION                          (Catalog of Federal Domestic Assistance
                                                                                                                                                               Number 59008)
                                                Electronic Comments                                     [Disaster Declaration #15245 and #15246;
                                                  • Use the Commission’s Internet                       NEW HAMPSHIRE Disaster Number NH–                      Rafaela Monchek,
                                                comment form (http://www.sec.gov/                       00038]                                                 Acting Associate Administrator, Disaster
                                                rules/sro.shtml); or                                                                                           Assistance.
                                                                                                        Presidential Declaration of a Major
                                                  • Send an email to rule-comments@                                                                            [FR Doc. 2017–17389 Filed 8–16–17; 8:45 am]
                                                                                                        Disaster for Public Assistance Only for
                                                sec.gov. Please include File Number SR–                                                                        BILLING CODE 8025–01–P
                                                                                                        the State of New Hampshire
                                                Phlx–2017–65 on the subject line.
                                                Paper Comments                                          AGENCY: U.S. Small Business
                                                                                                        Administration.                                        DEPARTMENT OF STATE
                                                  • Send paper comments in triplicate                   ACTION: Notice.
                                                to Secretary, Securities and Exchange                                                                          [Public Notice: 10084]
                                                Commission, 100 F Street NE.,                           SUMMARY:   This is a Notice of the
                                                Washington, DC 20549–1090.                              Presidential declaration of a major                    In the Matter of the Designation of
                                                                                                        disaster for Public Assistance Only for                Hizbul Mujahideen Also Known as
                                                All submissions should refer to File
                                                                                                        the State of New Hampshire (FEMA–                      Hizb-ul-Mujahideen Also Known as HM
                                                Number SR–Phlx–2017–65. This file
                                                                                                        4329–DR), dated 08/09/2017.                            as a Foreign Terrorist Organization
                                                number should be included on the
                                                                                                          Incident: Severe Storms and Flooding.                Pursuant to Section 219 of the
                                                subject line if email is used. To help the
                                                                                                          Incident Period: 07/01/2017 through                  Immigration and Nationality Act, as
                                                Commission process and review your
                                                                                                        07/02/2017.                                            Amended
                                                comments more efficiently, please use
                                                only one method. The Commission will                    DATES: Issued on 08/09/2017.                              Based upon a review of the
                                                post all comments on the Commission’s                     Physical Loan Application Deadline                   Administrative Record assembled in
                                                Internet Web site (http://www.sec.gov/                  Date: 10/09/2017.                                      this matter, and in consultation with the
                                                rules/sro.shtml). Copies of the                           Economic Injury (EIDL) Loan                          Attorney General and the Secretary of
                                                submission, all subsequent                              Application Deadline Date: 05/09/2018.                 the Treasury, I conclude that there is a
                                                amendments, all written statements                      ADDRESSES: Submit completed loan                       sufficient factual basis to find that the
                                                with respect to the proposed rule                       applications to: U.S. Small Business                   relevant circumstances described in
                                                change that are filed with the                          Administration, Processing And                         section 219 of the Immigration and
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                                                Commission, and all written                             Disbursement Center, 14925 Kingsport                   Nationality Act, as amended (hereinafter
                                                communications relating to the                          Road, Fort Worth, TX 76155.                            ‘‘INA’’) (8 U.S.C. 1189), exist with
                                                                                                        FOR FURTHER INFORMATION CONTACT: A                     respect to Hizbul Mujahideen, also
                                                   15 For purposes only of waiving the 30-day
                                                                                                        Escobar, Office of Disaster Assistance,                known as Hizb-ul-Mujahideen, also
                                                operative delay, the Commission has also
                                                considered the proposed rule’s impact on                U.S. Small Business Administration,                    known as HM.
                                                efficiency, competition, and capital formation. See                                                               Therefore, I hereby designate the
                                                15 U.S.C. 78c(f).                                         16 17   CFR 200.30–3(a)(12).                         aforementioned organization and its


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Document Created: 2017-08-17 01:42:25
Document Modified: 2017-08-17 01:42:25
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 39148 

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