82_FR_41243 82 FR 41077 - Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing of Proposed Rule Change To Adopt Rule 14.602 To Describe the Complimentary Products and Services To Be Made Available to All Listed Companies

82 FR 41077 - Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing of Proposed Rule Change To Adopt Rule 14.602 To Describe the Complimentary Products and Services To Be Made Available to All Listed Companies

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 166 (August 29, 2017)

Page Range41077-41079
FR Document2017-18242

Federal Register, Volume 82 Issue 166 (Tuesday, August 29, 2017)
[Federal Register Volume 82, Number 166 (Tuesday, August 29, 2017)]
[Notices]
[Pages 41077-41079]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18242]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81469; File No. SR-IEX-2017-20]


Self-Regulatory Organizations; Investors Exchange LLC; Notice of 
Filing of Proposed Rule Change To Adopt Rule 14.602 To Describe the 
Complimentary Products and Services To Be Made Available to All Listed 
Companies

August 23, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on August 10, 2017, the Investors Exchange LLC (``IEX'' or 
the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I 
and II below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.

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

[[Page 41078]]

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

    Pursuant to the provisions of Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Exchange Act''),\4\ and Rule 19b-4 
thereunder,\5\ Investors Exchange LLC (``IEX'' or ``Exchange'') is 
filing with the Commission a proposed rule change to adopt Rule 14.602 
to describe the complimentary products and services to be made 
available to all listed companies.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CRF [sic] 240.19b-4.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's 
Web site at www.iextrading.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 self-regulatory organization 
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 self-regulatory organization 
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
    On June 17, 2016, the Commission granted IEX's application for 
registration as a national securities exchange under Section 6 of the 
Act including approval of rules applicable to the qualification, 
listing and delisting of companies on the Exchange. The Exchange plans 
to begin a listing program in 2017 and is proposing to adopt Rule 
14.602 to describe the complimentary products and services that will be 
offered to all listed companies in this proposed rule change.
    As proposed, IEX will provide all listed companies with the same 
optional complimentary services through access to IEX Issuer, a market 
information analytics platform consisting of access to a team of market 
professionals and web-based content. The team of market professionals 
will serve as a single source of timely market intelligence, 
fundamental and technical trading analysis, and real-time market 
information to all listed companies. The web-based portion of IEX 
Issuer will provide similar information that will enable all listed 
companies to follow their stock's trading, competitors, and market 
activity through an online interface. In addition, IEX Issuer may, from 
time to time, provide information about products and services from 
third-party vendors that IEX determines may be relevant to listed 
issuers. Provision of any products and services from a third-party 
vendor would need to be effected through arrangements directly between 
the listed issuer and the third-party vendor, without any subsidy or 
other involvement by the Exchange. A description of all products and 
services available through IEX Issuer will be provided on the 
Exchange's Web site.
    All issuers listed on the Exchange will have access to services 
through IEX Issuer on the same basis. IEX is not proposing to offer any 
additional products and services to listed companies on a tiered or 
differentiated basis.
2. Statutory Basis
    IEX believes that the proposed rule change is consistent with 
Section 6 of the Act \6\ in general, and furthers the objectives of 
Section 6(b)(4) \7\ of the Act, in particular, in that it is designed 
to provide for the equitable allocation of reasonable dues, fees, and 
other charges among its members and issuers and other persons using its 
facilities. The Exchange also believes that the proposed rule change is 
consistent with Section 6(b)(5) of the Act \8\ in that it is not 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78F [sic]
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that it is fair and reasonable to offer 
optional complimentary products and services to attract and retain 
listings in a highly competitive market. The Exchange believes that the 
existing U.S. exchange listing market for operating companies is 
essentially a duopoly of the New York Stock Exchange (``NYSE'') and 
Nasdaq Stock Market (``Nasdaq''), with the vast majority of operating 
companies listed on U.S. securities exchanges listed on those two. Both 
NYSE and Nasdaq offer complimentary products and services to listed 
companies,\9\ and the Exchange believes that some listed companies want 
such products and services. The Exchange expects to face significant 
competition from NYSE and Nasdaq as a new entrant into the exchange 
listing market, and believes that offering IEX Issuer will facilitate 
its ability to attract and retain the listing of companies that want 
complimentary products and services. IEX believes that to the extent 
IEX's listing program is successful, it will provide a competitive 
alternative, which will thereby benefit issuers and investors, remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system, consistent with the protection of investors 
and the public interest.
---------------------------------------------------------------------------

    \9\ See Section 907.00 of the NYSE Listed Company Manual and 
Nasdaq Rule IM-5900-7.
---------------------------------------------------------------------------

    The Exchange believes that its proposed provision of issuer 
products and services is fair and not unfairly discriminatory because 
it will offer all products and services to each listed company on the 
same terms and conditions without differentiation among listed 
companies whereby certain companies receive enhanced or more services.

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

    IEX does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. To the contrary, and as 
discussed in the Statutory Basis section, IEX believes that the 
proposed rule change will enhance competition by facilitating IEX's 
listing program which will allow the Exchange to provide companies with 
another listing option, thereby promoting intermarket competition 
between exchanges in furtherance of the principles of Section 11A(a)(1) 
of the Act \10\ in that it is designed to promote fair competition 
between exchange markets by offering a new listing market to compete 
with Nasdaq and NYSE. Moreover, as a new listing venue, IEX expects to 
face intense competition from existing exchanges. Consequently, the 
degree to which IEX's products and services offerings to listed 
companies could impose any burden on intermarket competition is 
extremely limited, and IEX does not believe that such products and 
services offering would impose any burden on competing venues that is 
not necessary or appropriate in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

    IEX also does not believe that the proposed rule change will result 
in any burden on intramarket competition since IEX will offer the 
complimentary products and services to all listed companies on the same 
basis without any differentiation. Consequently, IEX does not believe 
that the proposal will

[[Page 41079]]

impose any burden on intramarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act.
    IEX also notes that it does not have exclusive arrangements with 
third-party vendors with respect to optional access to discounted 
products and services from third-party vendors. IEX believes that 
multiple third-party vendors offer similar services and listed 
companies will not be required to accept any discounted products and 
services as a condition to listing. IEX listed companies are free to 
purchase similar products and services from other vendors, or not to 
use any such products and services, instead of accepting the products 
and services described herein offered by the Exchange. Thus, even if 
IEX were to list a large number of companies, it nonetheless does not 
believe that the proposed rule change will adversely impact competition 
for such products and services.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be 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-IEX-2017-20 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-IEX-2017-20. 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-IEX-2017-20 and should be 
submitted on or before September 19, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-18242 Filed 8-28-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Notices                                                41077

                                                Commission, 100 F Street NE.,                                Notice is hereby given that, pursuant              of information unless it displays a
                                                Washington, DC 20549–1090.                                to the Paperwork Reduction Act of 1995                currently valid OMB control number.
                                                                                                          (44 U.S.C. 3501 et seq.), the Securities                Written comments are invited on: (a)
                                                All submissions should refer to File
                                                                                                          and Exchange Commission (the                          Whether the proposed collection of
                                                Number SR–NYSEAMER–2017–05. This
                                                                                                          ‘‘Commission’’) is soliciting comments                information is necessary for the proper
                                                file number should be included on the
                                                                                                          on the collection of information                      performance of the functions of the
                                                subject line if email is used. To help the
                                                                                                          summarized below. The Commission                      agency, including whether the
                                                Commission process and review your
                                                                                                          plans to submit this existing collection              information will have practical utility;
                                                comments more efficiently, please use
                                                                                                          of information to the Office of                       (b) the accuracy of the agency’s estimate
                                                only one method. The Commission will
                                                                                                          Management and Budget (‘‘OMB’’) for                   of the burden of the collection of
                                                post all comments on the Commission’s
                                                                                                          extension and approval.                               information; (c) ways to enhance the
                                                Internet Web site (http://www.sec.gov/
                                                                                                             Under the Investment Company Act                   quality, utility, and clarity of the
                                                rules/sro.shtml). Copies of the
                                                                                                          of 1940 (15 U.S.C. 80a–1 et seq.) (the                information collected; and (d) ways to
                                                submission, all subsequent
                                                                                                          ‘‘Investment Company Act’’), certain                  minimize the burden of the collection of
                                                amendments, all written statements
                                                                                                          investment companies can elect to be                  information on respondents, including
                                                with respect to the proposed rule
                                                                                                          regulated as business development                     through the use of automated collection
                                                change that are filed with the
                                                                                                          companies, as defined in Section                      techniques or other forms of information
                                                Commission, and all written
                                                                                                          2(a)(48) of the Investment Company Act                technology. Consideration will be given
                                                communications relating to the
                                                                                                          (15 U.S.C. 80a–2(a)(48)). Under Section               to comments and suggestions submitted
                                                proposed rule change between the
                                                                                                          54(a) of the Investment Company Act                   in writing within 60 days of this
                                                Commission and any person, other than
                                                                                                          (15 U.S.C. 80a–53(a)), any company                    publication.
                                                those that may be withheld from the
                                                                                                          defined in Section 2(a)(48)(A) and (B)                  Please direct your written comments
                                                public in accordance with the
                                                                                                          may elect to be subject to the provisions             to Pamela Dyson, Director/Chief
                                                provisions of 5 U.S.C. 552, will be
                                                                                                          of Sections 55 through 65 of the                      Information Officer, Securities and
                                                available for Web site viewing and
                                                                                                          Investment Company Act (15 U.S.C.                     Exchange Commission, C/O Remi
                                                printing in the Commission’s Public
                                                                                                          80a–54 to 80a–64) by filing with the                  Pavlik-Simon, 100 F Street NE.,
                                                Reference Room, 100 F Street N.,
                                                                                                          Commission a notification of election, if             Washington, DC 20549; or send an email
                                                Washington, DC 20549, on official
                                                                                                          such company has: (1) A class of equity               to: PRA_Mailbox@sec.gov.
                                                business days between the hours of
                                                                                                          securities registered under Section 12 of               Dated: August 23, 2017.
                                                10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                          the Securities Exchange Act of 1934 (15
                                                filing also will be available for                                                                               Eduardo A. Aleman,
                                                                                                          U.S.C. 78a et seq.) (‘‘Exchange Act’’); or
                                                inspection and copying at the principal                                                                         Assistant Secretary.
                                                                                                          (2) filed a registration statement
                                                office of the Exchange. All comments                                                                            [FR Doc. 2017–18229 Filed 8–28–17; 8:45 am]
                                                                                                          pursuant to Section 12 of the Exchange
                                                received will be posted without change;                                                                         BILLING CODE 8011–01–P
                                                                                                          Act for a class of equity securities. The
                                                the Commission does not edit personal
                                                                                                          Commission has adopted Form N–54A
                                                identifying information from
                                                                                                          (17 CFR 274.53) as the form for
                                                submissions. You should submit only                                                                             SECURITIES AND EXCHANGE
                                                                                                          notification of election to be regulated
                                                information that you wish to make                                                                               COMMISSION
                                                                                                          as business development companies.
                                                available publicly. All submissions
                                                should refer to File Number SR–                              The purpose of Form N–54A is to
                                                                                                          notify the Commission that the                        [Release No. 34–81469; File No. SR–IEX–
                                                NYSEAMER–2017–05, and should be                                                                                 2017–20]
                                                submitted on or before September 19,                      investment company making the
                                                2017.                                                     notification elects to be subject to
                                                                                                                                                                Self-Regulatory Organizations;
                                                                                                          Sections 55 through 65 of the
                                                  For the Commission, by the Division of                                                                        Investors Exchange LLC; Notice of
                                                                                                          Investment Company Act, enabling the
                                                Trading and Markets, pursuant to delegated                                                                      Filing of Proposed Rule Change To
                                                                                                          Commission to administer those
                                                authority.7                                                                                                     Adopt Rule 14.602 To Describe the
                                                                                                          provisions of the Investment Company
                                                Eduardo A. Aleman,                                                                                              Complimentary Products and Services
                                                                                                          Act to such companies.
                                                                                                                                                                To Be Made Available to All Listed
                                                Assistant Secretary.                                         The Commission estimates that on                   Companies
                                                [FR Doc. 2017–18243 Filed 8–28–17; 8:45 am]               average approximately 12 business
                                                BILLING CODE 8011–01–P                                    development companies file these                      August 23, 2017.
                                                                                                          notifications each year. Each of those                   Pursuant to Section 19(b)(1) 1 of the
                                                                                                          business development companies need                   Securities Exchange Act of 1934 (the
                                                SECURITIES AND EXCHANGE                                   only make a single filing of Form N–                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                COMMISSION                                                54A. The Commission further estimates                 notice is hereby given that, on August
                                                                                                          that this information collection imposes              10, 2017, the Investors Exchange LLC
                                                Proposed Collection; Comment                              a burden of 0.5 hours, resulting in a                 (‘‘IEX’’ or the ‘‘Exchange’’) filed with the
                                                Request                                                   total annual PRA burden of 6 hours.                   Securities and Exchange Commission
                                                                                                          Based on the estimated wage rate, the                 (the ‘‘Commission’’) the proposed rule
                                                Upon Written Request, Copies Available                    total cost to the business development                change as described in Items I and II
                                                 From: Securities and Exchange                            company industry of the hour burden                   below, which Items have been prepared
                                                 Commission, Office of FOIA Services,                     for complying with Form N–54A would
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                                by the self-regulatory organization. The
                                                 100 F Street NE., Washington, DC                         be approximately $2,070.                              Commission is publishing this notice to
                                                 20549–2736.                                                 The collection of information under                solicit comments on the proposed rule
                                                Extension:                                                Form N–54A is mandatory. The                          change from interested persons.
                                                  Form N–54A. SEC File No. 270–182, OMB                   information provided under the form is
                                                    Control No. 3235–0237                                 not kept confidential. An agency may                    1 15 U.S.C.78s(b)(1).
                                                                                                          not conduct or sponsor, and a person is                 2 15 U.S.C. 78a.
                                                  7 17   CFR 200.30–3(a)(12).                             not required to respond to, a collection                3 17 CFR 240.19b–4.




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                                                41078                           Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Notices

                                                I. Self-Regulatory Organization’s                         information to all listed companies. The              a new entrant into the exchange listing
                                                Statement of the Terms of Substance of                    web-based portion of IEX Issuer will                  market, and believes that offering IEX
                                                the Proposed Rule Change                                  provide similar information that will                 Issuer will facilitate its ability to attract
                                                   Pursuant to the provisions of Section                  enable all listed companies to follow                 and retain the listing of companies that
                                                19(b)(1) of the Securities Exchange Act                   their stock’s trading, competitors, and               want complimentary products and
                                                of 1934 (‘‘Exchange Act’’),4 and Rule                     market activity through an online                     services. IEX believes that to the extent
                                                19b–4 thereunder,5 Investors Exchange                     interface. In addition, IEX Issuer may,               IEX’s listing program is successful, it
                                                LLC (‘‘IEX’’ or ‘‘Exchange’’) is filing                   from time to time, provide information                will provide a competitive alternative,
                                                with the Commission a proposed rule                       about products and services from third-               which will thereby benefit issuers and
                                                change to adopt Rule 14.602 to describe                   party vendors that IEX determines may                 investors, remove impediments to and
                                                the complimentary products and                            be relevant to listed issuers. Provision of           perfect the mechanism of a free and
                                                services to be made available to all                      any products and services from a third-               open market and a national market
                                                listed companies.                                         party vendor would need to be effected                system, consistent with the protection of
                                                   The text of the proposed rule change                   through arrangements directly between                 investors and the public interest.
                                                                                                          the listed issuer and the third-party                    The Exchange believes that its
                                                is available at the Exchange’s Web site
                                                                                                          vendor, without any subsidy or other                  proposed provision of issuer products
                                                at www.iextrading.com, at the principal
                                                                                                          involvement by the Exchange. A                        and services is fair and not unfairly
                                                office of the Exchange, and at the
                                                                                                          description of all products and services              discriminatory because it will offer all
                                                Commission’s Public Reference Room.
                                                                                                          available through IEX Issuer will be                  products and services to each listed
                                                II. Self-Regulatory Organization’s                        provided on the Exchange’s Web site.                  company on the same terms and
                                                Statement of the Purpose of, and                             All issuers listed on the Exchange will            conditions without differentiation
                                                Statutory Basis for, the Proposed Rule                    have access to services through IEX                   among listed companies whereby
                                                Change                                                    Issuer on the same basis. IEX is not                  certain companies receive enhanced or
                                                   In its filing with the Commission, the                 proposing to offer any additional                     more services.
                                                self-regulatory organization included                     products and services to listed                       B. Self-Regulatory Organization’s
                                                statements concerning the purpose of                      companies on a tiered or differentiated               Statement on Burden on Competition
                                                and basis for the proposed rule change                    basis.
                                                                                                                                                                   IEX does not believe that the
                                                and discussed any comments it received                    2. Statutory Basis                                    proposed rule change will result in any
                                                on the proposed rule change. The text                                                                           burden on competition that is not
                                                of these statements may be examined at                       IEX believes that the proposed rule
                                                                                                          change is consistent with Section 6 of                necessary or appropriate in furtherance
                                                the places specified in Item IV below.                                                                          of the purposes of the Act. To the
                                                The self-regulatory organization has                      the Act 6 in general, and furthers the
                                                                                                          objectives of Section 6(b)(4) 7 of the Act,           contrary, and as discussed in the
                                                prepared summaries, set forth in                                                                                Statutory Basis section, IEX believes
                                                Sections A, B, and C below, of the most                   in particular, in that it is designed to
                                                                                                          provide for the equitable allocation of               that the proposed rule change will
                                                significant aspects of such statements.                                                                         enhance competition by facilitating
                                                                                                          reasonable dues, fees, and other charges
                                                A. Self-Regulatory Organization’s                         among its members and issuers and                     IEX’s listing program which will allow
                                                Statement of the Purpose of, and                          other persons using its facilities. The               the Exchange to provide companies
                                                Statutory Basis for, the Proposed Rule                    Exchange also believes that the                       with another listing option, thereby
                                                Change                                                    proposed rule change is consistent with               promoting intermarket competition
                                                                                                          Section 6(b)(5) of the Act 8 in that it is            between exchanges in furtherance of the
                                                1. Purpose                                                                                                      principles of Section 11A(a)(1) of the
                                                                                                          not designed to permit unfair
                                                   On June 17, 2016, the Commission                                                                             Act 10 in that it is designed to promote
                                                                                                          discrimination between customers,
                                                granted IEX’s application for registration                                                                      fair competition between exchange
                                                                                                          issuers, brokers, or dealers.
                                                as a national securities exchange under                      The Exchange believes that it is fair              markets by offering a new listing market
                                                Section 6 of the Act including approval                   and reasonable to offer optional                      to compete with Nasdaq and NYSE.
                                                of rules applicable to the qualification,                 complimentary products and services to                Moreover, as a new listing venue, IEX
                                                listing and delisting of companies on                     attract and retain listings in a highly               expects to face intense competition from
                                                the Exchange. The Exchange plans to                       competitive market. The Exchange                      existing exchanges. Consequently, the
                                                begin a listing program in 2017 and is                    believes that the existing U.S. exchange              degree to which IEX’s products and
                                                proposing to adopt Rule 14.602 to                         listing market for operating companies                services offerings to listed companies
                                                describe the complimentary products                       is essentially a duopoly of the New York              could impose any burden on
                                                and services that will be offered to all                  Stock Exchange (‘‘NYSE’’) and Nasdaq                  intermarket competition is extremely
                                                listed companies in this proposed rule                    Stock Market (‘‘Nasdaq’’), with the vast              limited, and IEX does not believe that
                                                change.                                                   majority of operating companies listed                such products and services offering
                                                   As proposed, IEX will provide all                      on U.S. securities exchanges listed on                would impose any burden on competing
                                                listed companies with the same optional                   those two. Both NYSE and Nasdaq offer                 venues that is not necessary or
                                                complimentary services through access                     complimentary products and services to                appropriate in furtherance of the
                                                to IEX Issuer, a market information                       listed companies,9 and the Exchange                   purposes of the Act.
                                                analytics platform consisting of access                                                                            IEX also does not believe that the
                                                                                                          believes that some listed companies
                                                to a team of market professionals and                                                                           proposed rule change will result in any
                                                                                                          want such products and services. The
sradovich on DSK3GMQ082PROD with NOTICES




                                                web-based content. The team of market                                                                           burden on intramarket competition
                                                                                                          Exchange expects to face significant
                                                professionals will serve as a single                                                                            since IEX will offer the complimentary
                                                                                                          competition from NYSE and Nasdaq as
                                                source of timely market intelligence,                                                                           products and services to all listed
                                                fundamental and technical trading                           6 15U.S.C. 78F [sic]
                                                                                                                                                                companies on the same basis without
                                                analysis, and real-time market                              7 15U.S.C. 78f(b)(4).                               any differentiation. Consequently, IEX
                                                                                                           8 15 U.S.C. 78f(b)(5).                               does not believe that the proposal will
                                                  4 15   U.S.C. 78s(b)(1).                                 9 See Section 907.00 of the NYSE Listed Company
                                                  5 17   CRF [sic] 240.19b–4.                             Manual and Nasdaq Rule IM–5900–7.                       10 15   U.S.C. 78k–1(a)(1).



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                                                                             Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Notices                                                    41079

                                                impose any burden on intramarket                        Paper Comments                                         SECURITIES AND EXCHANGE
                                                competition that is not necessary or                                                                           COMMISSION
                                                appropriate in furtherance of the                         • Send paper comments in triplicate
                                                purposes of the Act.                                    to Brent J. Fields, Secretary, Securities
                                                                                                                                                               [Release No. 34–81468; File No. SR–
                                                   IEX also notes that it does not have                 and Exchange Commission, 100 F Street                  BatsEDGX–2017–29]
                                                exclusive arrangements with third-party                 NE., Washington, DC 20549–1090.
                                                vendors with respect to optional access                 All submissions should refer to File                   Self-Regulatory Organizations; Bats
                                                to discounted products and services                     Number SR–IEX–2017–20. This file                       EDGX Exchange, Inc.; Notice of
                                                from third-party vendors. IEX believes                  number should be included on the                       Designation of Longer Period for
                                                that multiple third-party vendors offer                                                                        Commission Action on Proposed Rule
                                                                                                        subject line if email is used. To help the
                                                similar services and listed companies                                                                          Change To Adopt New Rules That
                                                                                                        Commission process and review your
                                                will not be required to accept any                                                                             Describe the Trading of Complex
                                                                                                        comments more efficiently, please use                  Orders on the Exchange
                                                discounted products and services as a                   only one method. The Commission will
                                                condition to listing. IEX listed                        post all comments on the Commission’s                  August 23, 2017.
                                                companies are free to purchase similar
                                                                                                        Internet Web site (http://www.sec.gov/                    On June 30, 2017, Bats EDGX
                                                products and services from other
                                                                                                        rules/sro.shtml). Copies of the                        Exchange, Inc. (the ‘‘Exchange’’ or
                                                vendors, or not to use any such products
                                                                                                        submission, all subsequent                             ‘‘EDGX’’) filed with the Securities and
                                                and services, instead of accepting the
                                                                                                        amendments, all written statements                     Exchange Commission (‘‘Commission’’),
                                                products and services described herein
                                                                                                        with respect to the proposed rule                      pursuant to Section 19(b)(1) of the
                                                offered by the Exchange. Thus, even if
                                                                                                        change that are filed with the                         Securities Exchange Act of 1934
                                                IEX were to list a large number of
                                                                                                        Commission, and all written                            (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
                                                companies, it nonetheless does not
                                                                                                        communications relating to the                         proposed rule change to adopt new
                                                believe that the proposed rule change
                                                                                                        proposed rule change between the                       rules that describe the trading of
                                                will adversely impact competition for
                                                                                                        Commission and any person, other than                  complex orders on the Exchange’s
                                                such products and services.
                                                                                                        those that may be withheld from the                    equity options platform. The proposed
                                                C. Self-Regulatory Organization’s                       public in accordance with the                          rule change was published for comment
                                                Statement on Comments on the                                                                                   in the Federal Register on July 19,
                                                                                                        provisions of 5 U.S.C. 552, will be
                                                Proposed Rule Change Received From                                                                             2017.3 The Commission has received no
                                                                                                        available for Web site viewing and
                                                Members, Participants, or Others                                                                               comment letters regarding the proposal.
                                                                                                        printing in the Commission’s Public
                                                                                                                                                                  Section 19(b)(2) of the Act 4 provides
                                                  Written comments were neither                         Reference Room, 100 F Street NE.,                      that within 45 days of the publication of
                                                solicited nor received.                                 Washington, DC 20549, on official                      notice of the filing of a proposed rule
                                                III. Date of Effectiveness of the                       business days between the hours of                     change, or within such longer period up
                                                Proposed Rule Change and Timing for                     10:00 a.m. and 3:00 p.m. Copies of the                 to 90 days as the Commission may
                                                Commission Action                                       filing also will be available for                      designate if it finds such longer period
                                                                                                        inspection and copying at the principal                to be appropriate and publishes its
                                                  Within 45 days of the date of                         office of the Exchange. All comments                   reasons for so finding or as to which the
                                                publication of this notice in the Federal               received will be posted without change;                self-regulatory organization consents,
                                                Register or within such longer period                   the Commission does not edit personal                  the Commission shall either approve the
                                                up to 90 days (i) as the Commission may                 identifying information from                           proposed rule change, disapprove the
                                                designate if it finds such longer period                submissions. You should submit only                    proposed rule change, or institute
                                                to be appropriate and publishes its                     information that you wish to make                      proceedings to determine whether the
                                                reasons for so finding or (ii) as to which              available publicly. All submissions                    proposed rule change should be
                                                the self-regulatory organization                        should refer to File Number SR–IEX–                    disapproved. The 45th day for this filing
                                                consents, the Commission will:                          2017–20 and should be submitted on or                  is September 2, 2017.
                                                  (A) by order approve or disapprove                    before September 19, 2017.                                The Commission is extending the 45-
                                                such proposed rule change, or                                                                                  day time period for Commission action
                                                                                                          For the Commission, by the Division of
                                                  (B) institute proceedings to determine                                                                       on the proposed rule change. The
                                                                                                        Trading and Markets, pursuant to delegated
                                                whether the proposed rule change                                                                               Commission finds that it is appropriate
                                                                                                        authority.11
                                                should be disapproved.                                                                                         to designate a longer period within
                                                                                                        Eduardo A. Aleman,                                     which to take action on the proposed
                                                IV. Solicitation of Comments                            Assistant Secretary.                                   rule change so that it has sufficient time
                                                  Interested persons are invited to                     [FR Doc. 2017–18242 Filed 8–28–17; 8:45 am]            to consider and take action on the
                                                submit written data, views, and                         BILLING CODE 8011–01–P                                 Exchange’s proposed rule change.
                                                arguments concerning the foregoing,                                                                               Accordingly, pursuant to Section
                                                including whether the proposed rule                                                                            19(b)(2) of the Act 5 and for the reasons
                                                change is consistent with the Act.                                                                             stated above, the Commission
                                                Comments may be submitted by any of                                                                            designates October 17, 2017, as the date
                                                the following methods:                                                                                         by which the Commission should either
                                                                                                                                                               approve or disapprove, or institute
sradovich on DSK3GMQ082PROD with NOTICES




                                                Electronic Comments                                                                                            proceedings to determine whether to
                                                  • Use the Commission’s Internet
                                                                                                                                                                 1 15  U.S.C. 78s(b)(1).
                                                comment form (http://www.sec.gov/
                                                                                                                                                                 2 17  CFR 240.19b–4.
                                                rules/sro.shtml); or                                                                                              3 See Securities Exchange Act Release No. 81137
                                                  • Send an email to rule-comments@                                                                            (July 13, 2017), 82 FR 33170.
                                                sec.gov. Please include File Number SR–                                                                           4 15 U.S.C. 78s(b)(2).

                                                IEX–2017–20 on the subject line.                          11 17   CFR 200.30–3(a)(12).                            5 15 U.S.C. 78s(b)(2).




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Document Created: 2017-08-29 01:57:57
Document Modified: 2017-08-29 01:57:57
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 41077 

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