82_FR_43774 82 FR 43595 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.13, Order Execution and Routing, To Account for IEX as a Primary Listing Market and To Amend Certain Rules To Reflect the Name Change of NYSE MKT to NYSE American

82 FR 43595 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.13, Order Execution and Routing, To Account for IEX as a Primary Listing Market and To Amend Certain Rules To Reflect the Name Change of NYSE MKT to NYSE American

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 179 (September 18, 2017)

Page Range43595-43597
FR Document2017-19803

Federal Register, Volume 82 Issue 179 (Monday, September 18, 2017)
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Pages 43595-43597]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19803]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81594; File No. SR-BatsBZX-2017-57]


Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Rule 11.13, Order Execution and Routing, To Account for IEX as a 
Primary Listing Market and To Amend Certain Rules To Reflect the Name 
Change of NYSE MKT to NYSE American

September 13, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on September 6, 2017, Bats BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') 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 Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend paragraphs (b)(3)(M) and (N) 
of Rule 11.13, Order Execution and Routing, to expand the ability of 
Users \5\ to designate their orders for participation in the opening, 
re-opening (following a halt, suspension, or pause), or closing process 
of a primary listing market other than the Exchange (NYSE, Nasdaq, NYSE 
MKT, or NYSE Arca) to include the Investors Exchange LLC (``IEX''). The 
Exchange also proposes to amend paragraphs (b)(3)(M) and (N) of Rule 
11.13 as well as Rules 11.24(c)(1) and 11.26(a) to reflect the name 
change of NYSE MKT to NYSE American.
---------------------------------------------------------------------------

    \5\ The term ``User'' is defined as ``any Member or Sponsored 
Participant who is authorized to obtain access to the System 
pursuant to Rule 11.3.'' See Exchange Rule 1.5(cc).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's 
Web site at www.bats.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 parts of such 
statements.

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

1. Purpose
    Exchange Rule 11.13(b)(3)(N) describes the ROOC routing option, 
under which Users may designate their orders for participation in the 
opening or closing process, in addition to the re-opening (following a 
halt, suspension, or pause), of a primary listing market other than the 
Exchange, if received before the opening/re-opening/closing time of 
such market.\6\ Under Exchange Rule 11.13(b)(3)(M), Users may also 
elect that their orders be routed to participate in the primary 
market's re-opening process, and not its opening or closing processes. 
Any remaining shares

[[Page 43596]]

are either posted to the BZX Book,\7\ executed, or routed to 
destinations on the System routing table.\8\
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    \6\ See Exchange Rule 11.13(b)(3)(N).
    \7\ The term ``BZX Book'' is defined as ``the System's 
electronic file of orders.'' See Exchange Rule 1.5(e).
    \8\ The term ``System routing table'' refers to the proprietary 
process for determining the specific options exchanges to which the 
System routes orders and the order in which it routes them. See 
Exchange Rule 11.13(b)(3).
---------------------------------------------------------------------------

    IEX announced that it intends to become a primary listing exchange 
and support IEX-listed companies beginning in October 2017.\9\ At that 
time, the Exchange will enable Users to elect that their orders in IEX-
listed securities be routed to IEX to participate in IEX's opening, re-
opening (following a halt, suspension, or pause), or closing process. 
Therefore, the Exchange proposes to amend paragraphs (b)(3)(M) and (N) 
of Rule 11.13 to include IEX as a primary listing market to which Users 
may designate their orders be routed.\10\
---------------------------------------------------------------------------

    \9\ See IEX Trading Alert #2017-05, Listing Specifications, 
Testing Opportunities, and Timelines, available at https://iextrading.com/trading/alerts/2017/015/. See also Securities 
Exchange Act Release No. 81316 (August 4, 2017), 82 FR 37474 (August 
10, 2017) (SR-IEX-2017-10) (Order approving proposed rule change 
related in auctions in IEX-listed securities, dissemination of 
auction-related data, and provisions governing trading halts and 
pauses).
    \10\ The Exchange also proposes to amend paragraph (b)(3)(M) of 
Rule 11.13 to replace the term ``Bats'' with ``BZX'' to reflect the 
correct defined term of ``BZX Book''. See Exchange Rule 1.5(e).
---------------------------------------------------------------------------

    Lastly, the Exchange also proposes non-substantive amendments to 
paragraphs (b)(3)(M) and (N) of Rule 11.13 as well as Rules 11.24(c)(1) 
and 11.26(a) to reflect the name change of NYSE MKT to NYSE 
American.\11\
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    \11\ See Securities Exchange Act Release No. Securities Exchange 
Act Release No. 80283 (March 21, 2017), 82 FR 15244 (March 27, 2017) 
(SR-NYSEMKT-2017-14).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \12\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \13\ in particular, in that it is designed to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in facilitating transactions in 
securities, 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. As discussed above, IEX 
announced that it intends to become a primary listing exchange and 
support IEX-listed companies beginning in October 2017.\14\ Certain 
Users whose orders in IEX-listed securities are resting on the BZX Book 
may wish that their order only be routed to participate in IEX's 
opening, closing, or re-opening process. The proposed rule change 
promotes just and equitable principles of trade because it would 
provide such Users with additional flexibility with regard to their 
orders in IEX-listed securities.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ See supra note 9.
---------------------------------------------------------------------------

    Lastly, the non-substantive amendments to paragraphs (b)(3)(M) and 
(N) of Rule 11.13 as well as Rules 11.24(c)(1) and 11.26(a) to reflect 
the name change of NYSE MKT to NYSE American also removes impediments 
to and perfects the mechanism of a free and open market and a national 
market system because it updates the rules to reflect the name change 
and does not alter the way in which orders in NYSE American listed 
securities are handled and routed.
(A) Self-Regulatory Organization's Statement on Burden on Competition
    The Exchange does not believe that the proposal will impose any 
burden on competition not necessary or appropriate in furtherance of 
the purposes of the Act. The Exchange believes that its proposal would 
increase competition because it offers Users an alternative means to 
route orders to participate in IEX's opening, closing, and re-opening 
following a halt, suspension, or pause as if they entered orders on 
that market directly.

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

    The Exchange has neither solicited nor received written comments on 
the proposed rule change.

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

    Because the foregoing proposed rule change does not: (A) 
Significantly affect the protection of investors or the public 
interest; (B) impose any significant burden on competition; and (C) by 
its terms, 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) of the Act \15\ and 
paragraph (f)(6) of Rule 19b-4 thereunder,\16\ the Exchange has 
designated this rule filing as non-controversial. The Exchange has 
given the Commission written notice of its intent to file the proposed 
rule change, along with a brief description and 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.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    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: (1) 
Necessary or appropriate in the public interest; (2) for the protection 
of investors; or (3) 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-BatsBZX-2017-57 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-BatsBZX-2017-57. 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

[[Page 43597]]

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-BatsBZX-2017-57 and should be submitted on or before 
October 10, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-19803 Filed 9-15-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                          Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices                                                     43595

                                                initiative, which is focused on only one                Reference Room, 100 F Street NE.,                     I. Self-Regulatory Organization’s
                                                MSRB rule. The MSRB notes that it is                    Washington, DC 20549 on official                      Statement of the Terms of Substance of
                                                currently monitoring or involved in                     business days between the hours of                    the Proposed Rule Change
                                                various industry initiatives to                         10:00 a.m. and 3:00 p.m. Copies of the                   The Exchange filed a proposal to
                                                modernize identifiers.                                  filing also will be available for                     amend paragraphs (b)(3)(M) and (N) of
                                                                                                        inspection and copying at the principal               Rule 11.13, Order Execution and
                                                III. Date of Effectiveness of the
                                                Proposed Rule Change and Timing for                     office of the MSRB. All comments                      Routing, to expand the ability of Users 5
                                                Commission Action                                       received will be posted without change;               to designate their orders for
                                                                                                        the Commission does not edit personal                 participation in the opening, re-opening
                                                   Within 45 days of the date of                        identifying information from
                                                publication of this notice in the Federal                                                                     (following a halt, suspension, or pause),
                                                                                                        submissions. You should submit only                   or closing process of a primary listing
                                                Register or within such longer period of                information that you wish to make
                                                up to 90 days (i) as the Commission may                                                                       market other than the Exchange (NYSE,
                                                                                                        available publicly. All submissions                   Nasdaq, NYSE MKT, or NYSE Arca) to
                                                designate if it finds such longer period                should refer to File Number SR–MSRB–
                                                to be appropriate and publishes its                                                                           include the Investors Exchange LLC
                                                                                                        2017–06 and should be submitted on or                 (‘‘IEX’’). The Exchange also proposes to
                                                reasons for so finding or (ii) as to which              before October 10, 2017.
                                                the self-regulatory organization                                                                              amend paragraphs (b)(3)(M) and (N) of
                                                consents, the Commission will:                            For the Commission, pursuant to delegated           Rule 11.13 as well as Rules 11.24(c)(1)
                                                   (A) By order approve or disapprove                   authority.70                                          and 11.26(a) to reflect the name change
                                                such proposed rule change, or                           Eduardo A. Aleman,                                    of NYSE MKT to NYSE American.
                                                   (B) institute proceedings to determine               Assistant Secretary.
                                                                                                                                                                 The text of the proposed rule change
                                                whether the proposed rule change                                                                              is available at the Exchange’s Web site
                                                                                                        [FR Doc. 2017–19804 Filed 9–15–17; 8:45 am]
                                                should be disapproved.                                                                                        at www.bats.com, at the principal office
                                                                                                        BILLING CODE 8011–01–P
                                                                                                                                                              of the Exchange, and at the
                                                IV. Solicitation of Comments                                                                                  Commission’s Public Reference Room.
                                                  Interested persons are invited to
                                                                                                        SECURITIES AND EXCHANGE                               II. Self-Regulatory Organization’s
                                                submit written data, views, and
                                                                                                        COMMISSION                                            Statement of the Purpose of, and
                                                arguments concerning the foregoing,
                                                                                                                                                              Statutory Basis for, the Proposed Rule
                                                including whether the proposed rule
                                                                                                        [Release No. 34–81594; File No. SR–                   Change
                                                change is consistent with the Act.
                                                Comments may be submitted by any of                     BatsBZX–2017–57]                                        In its filing with the Commission, the
                                                the following methods:                                                                                        Exchange included statements
                                                                                                        Self-Regulatory Organizations; Bats                   concerning the purpose of and basis for
                                                Electronic Comments                                     BZX Exchange, Inc.; Notice of Filing                  the proposed rule change and discussed
                                                  • Use the Commission’s Internet                       and Immediate Effectiveness of a                      any comments it received on the
                                                comment form (http://www.sec.gov/                       Proposed Rule Change To Amend Rule                    proposed rule change. The text of these
                                                rules/sro.shtml); or                                    11.13, Order Execution and Routing,                   statements may be examined at the
                                                  • Send an email to rule-comments@                     To Account for IEX as a Primary                       places specified in Item IV below. The
                                                sec.gov. Please include File Number SR–                 Listing Market and To Amend Certain                   Exchange has prepared summaries, set
                                                MSRB–2017–06 on the subject line.                       Rules To Reflect the Name Change of                   forth in Sections A, B, and C below, of
                                                                                                        NYSE MKT to NYSE American                             the most significant parts of such
                                                Paper Comments
                                                                                                                                                              statements.
                                                  • Send paper comments in triplicate                   September 13, 2017.
                                                to Secretary, Securities and Exchange                                                                         A. Self-Regulatory Organization’s
                                                                                                           Pursuant to Section 19(b)(1) of the
                                                Commission, 100 F Street NE.,                                                                                 Statement of the Purpose of, and
                                                                                                        Securities Exchange Act of 1934 (the
                                                Washington, DC 20549.                                                                                         Statutory Basis for, the Proposed Rule
                                                                                                        ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                All submissions should refer to File                                                                          Change
                                                                                                        notice is hereby given that on
                                                Number SR–MSRB–2017–06. This file                       September 6, 2017, Bats BZX Exchange,                 1. Purpose
                                                number should be included on the                        Inc. (the ‘‘Exchange’’ or ‘‘BZX’’) filed
                                                subject line if email is used. To help the                                                                      Exchange Rule 11.13(b)(3)(N)
                                                                                                        with the Securities and Exchange                      describes the ROOC routing option,
                                                Commission process and review your                      Commission (‘‘Commission’’) the
                                                comments more efficiently, please use                                                                         under which Users may designate their
                                                                                                        proposed rule change as described in                  orders for participation in the opening
                                                only one method. The Commission will                    Items I and II below, which Items have
                                                post all comments on the Commission’s                                                                         or closing process, in addition to the re-
                                                                                                        been prepared by the Exchange. The                    opening (following a halt, suspension,
                                                Internet Web site (http://www.sec.gov/                  Exchange has designated this proposal
                                                rules/sro.shtml). Copies of the                                                                               or pause), of a primary listing market
                                                                                                        as a ‘‘non-controversial’’ proposed rule              other than the Exchange, if received
                                                submission, all subsequent                              change pursuant to Section 19(b)(3)(A)
                                                amendments, all written statements                                                                            before the opening/re-opening/closing
                                                                                                        of the Act 3 and Rule 19b–4(f)(6)(iii)                time of such market.6 Under Exchange
                                                with respect to the proposed rule                       thereunder,4 which renders it effective
                                                change that are filed with the                                                                                Rule 11.13(b)(3)(M), Users may also
                                                                                                        upon filing with the Commission. The                  elect that their orders be routed to
                                                Commission, and all written                             Commission is publishing this notice to
                                                communications relating to the                                                                                participate in the primary market’s re-
sradovich on DSKBBY8HB2PROD with NOTICES




                                                                                                        solicit comments on the proposed rule                 opening process, and not its opening or
                                                proposed rule change between the                        change from interested persons.
                                                Commission and any person, other than                                                                         closing processes. Any remaining shares
                                                those that may be withheld from the                       70 17 CFR 200.30–3(a)(12).                            5 The term ‘‘User’’ is defined as ‘‘any Member or
                                                public in accordance with the                             1 15 U.S.C. 78s(b)(1).                              Sponsored Participant who is authorized to obtain
                                                provisions of 5 U.S.C. 552, will be                       2 17 CFR 240.19b–4.
                                                                                                                                                              access to the System pursuant to Rule 11.3.’’ See
                                                available for Web site viewing and                        3 15 U.S.C. 78s(b)(3)(A).                           Exchange Rule 1.5(cc).
                                                printing in the Commission’s Public                       4 17 CFR 240.19b–4(f)(6)(iii).                        6 See Exchange Rule 11.13(b)(3)(N).




                                           VerDate Sep<11>2014   16:54 Sep 15, 2017   Jkt 241001   PO 00000   Frm 00082   Fmt 4703   Sfmt 4703   E:\FR\FM\18SEN1.SGM   18SEN1


                                                43596                      Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices

                                                are either posted to the BZX Book,7                     orders in IEX-listed securities are resting               along with a brief description and text
                                                executed, or routed to destinations on                  on the BZX Book may wish that their                       of the proposed rule change at least five
                                                the System routing table.8                              order only be routed to participate in                    business days prior to the date of filing
                                                  IEX announced that it intends to                      IEX’s opening, closing, or re-opening                     of the proposed rule change, or such
                                                become a primary listing exchange and                   process. The proposed rule change                         shorter time as designated by the
                                                support IEX-listed companies beginning                  promotes just and equitable principles                    Commission.
                                                in October 2017.9 At that time, the                     of trade because it would provide such                       At any time within 60 days of the
                                                Exchange will enable Users to elect that                Users with additional flexibility with                    filing of the proposed rule change, the
                                                their orders in IEX-listed securities be                regard to their orders in IEX-listed                      Commission summarily may
                                                routed to IEX to participate in IEX’s                   securities.                                               temporarily suspend such rule change if
                                                opening, re-opening (following a halt,                     Lastly, the non-substantive                            it appears to the Commission that such
                                                suspension, or pause), or closing                       amendments to paragraphs (b)(3)(M)                        action is: (1) Necessary or appropriate in
                                                process. Therefore, the Exchange                        and (N) of Rule 11.13 as well as Rules                    the public interest; (2) for the protection
                                                proposes to amend paragraphs (b)(3)(M)                  11.24(c)(1) and 11.26(a) to reflect the                   of investors; or (3) otherwise in
                                                and (N) of Rule 11.13 to include IEX as                 name change of NYSE MKT to NYSE                           furtherance of the purposes of the Act.
                                                a primary listing market to which Users                 American also removes impediments to                      If the Commission takes such action, the
                                                may designate their orders be routed.10                 and perfects the mechanism of a free                      Commission shall institute proceedings
                                                  Lastly, the Exchange also proposes                    and open market and a national market                     to determine whether the proposed rule
                                                non-substantive amendments to                           system because it updates the rules to                    should be approved or disapproved.
                                                paragraphs (b)(3)(M) and (N) of Rule                    reflect the name change and does not
                                                11.13 as well as Rules 11.24(c)(1) and                                                                            IV. Solicitation of Comments
                                                                                                        alter the way in which orders in NYSE
                                                11.26(a) to reflect the name change of                  American listed securities are handled                      Interested persons are invited to
                                                NYSE MKT to NYSE American.11                            and routed.                                               submit written data, views, and
                                                                                                                                                                  arguments concerning the foregoing,
                                                2. Statutory Basis                                      (A) Self-Regulatory Organization’s                        including whether the proposed rule
                                                   The Exchange believes that its                       Statement on Burden on Competition                        change is consistent with the Act.
                                                proposal is consistent with Section 6(b)                  The Exchange does not believe that                      Comments may be submitted by any of
                                                of the Act 12 in general, and furthers the              the proposal will impose any burden on                    the following methods:
                                                objectives of Section 6(b)(5) of the Act 13             competition not necessary or
                                                in particular, in that it is designed to                                                                          Electronic Comments
                                                                                                        appropriate in furtherance of the
                                                promote just and equitable principles of                purposes of the Act. The Exchange                           • Use the Commission’s Internet
                                                trade, to foster cooperation and                        believes that its proposal would                          comment form (http://www.sec.gov/
                                                coordination with persons engaged in                    increase competition because it offers                    rules/sro.shtml); or
                                                facilitating transactions in securities, to             Users an alternative means to route                         • Send an email to rule-comments@
                                                remove impediments to and perfect the                   orders to participate in IEX’s opening,                   sec.gov. Please include File Number SR–
                                                mechanism of a free and open market                     closing, and re-opening following a halt,                 BatsBZX–2017–57 on the subject line.
                                                and a national market system and, in                    suspension, or pause as if they entered                   Paper Comments
                                                general, to protect investors and the                   orders on that market directly.
                                                public interest. As discussed above, IEX                                                                            • Send paper comments in triplicate
                                                announced that it intends to become a                   B. Self-Regulatory Organization’s                         to Brent J. Fields, Secretary, Securities
                                                primary listing exchange and support                    Statement on Comments on the                              and Exchange Commission, 100 F Street
                                                IEX-listed companies beginning in                       Proposed Rule Change Received From                        NE., Washington, DC 20549–1090.
                                                October 2017.14 Certain Users whose                     Members, Participants or Others                           All submissions should refer to File
                                                                                                          The Exchange has neither solicited                      Number SR–BatsBZX–2017–57. This file
                                                   7 The term ‘‘BZX Book’’ is defined as ‘‘the
                                                                                                        nor received written comments on the                      number should be included on the
                                                System’s electronic file of orders.’’ See Exchange
                                                                                                        proposed rule change.                                     subject line if email is used. To help the
                                                Rule 1.5(e).                                                                                                      Commission process and review your
                                                   8 The term ‘‘System routing table’’ refers to the
                                                                                                        III. Date of Effectiveness of the                         comments more efficiently, please use
                                                proprietary process for determining the specific
                                                options exchanges to which the System routes
                                                                                                        Proposed Rule Change and Timing for                       only one method. The Commission will
                                                orders and the order in which it routes them. See       Commission Action                                         post all comments on the Commission’s
                                                Exchange Rule 11.13(b)(3).                                                                                        Internet Web site (http://www.sec.gov/
                                                   9 See IEX Trading Alert #2017–05, Listing
                                                                                                           Because the foregoing proposed rule
                                                                                                        change does not: (A) Significantly affect                 rules/sro.shtml). Copies of the
                                                Specifications, Testing Opportunities, and
                                                Timelines, available at https://iextrading.com/         the protection of investors or the public                 submission, all subsequent
                                                trading/alerts/2017/015/. See also Securities           interest; (B) impose any significant                      amendments, all written statements
                                                Exchange Act Release No. 81316 (August 4, 2017),        burden on competition; and (C) by its                     with respect to the proposed rule
                                                82 FR 37474 (August 10, 2017) (SR–IEX–2017–10)                                                                    change that are filed with the
                                                (Order approving proposed rule change related in        terms, become operative for 30 days
                                                auctions in IEX-listed securities, dissemination of     from the date on which it was filed or                    Commission, and all written
                                                auction-related data, and provisions governing          such shorter time as the Commission                       communications relating to the
                                                trading halts and pauses).                              may designate it has become effective                     proposed rule change between the
                                                   10 The Exchange also proposes to amend
                                                                                                        pursuant to Section 19(b)(3)(A) of the                    Commission and any person, other than
                                                paragraph (b)(3)(M) of Rule 11.13 to replace the
                                                term ‘‘Bats’’ with ‘‘BZX’’ to reflect the correct       Act 15 and paragraph (f)(6) of Rule 19b–                  those that may be withheld from the
                                                                                                                                                                  public in accordance with the
sradovich on DSKBBY8HB2PROD with NOTICES




                                                defined term of ‘‘BZX Book’’. See Exchange Rule         4 thereunder,16 the Exchange has
                                                1.5(e).                                                 designated this rule filing as non-                       provisions of 5 U.S.C. 552, will be
                                                   11 See Securities Exchange Act Release No.
                                                                                                        controversial. The Exchange has given                     available for Web site viewing and
                                                Securities Exchange Act Release No. 80283 (March                                                                  printing in the Commission’s Public
                                                21, 2017), 82 FR 15244 (March 27, 2017) (SR–            the Commission written notice of its
                                                NYSEMKT–2017–14).                                       intent to file the proposed rule change,                  Reference Room, 100 F Street NE.,
                                                   12 15 U.S.C. 78f(b).                                                                                           Washington, DC 20549 on official
                                                   13 15 U.S.C. 78f(b)(5).                                15 15   U.S.C. 78s(b)(3)(A).                            business days between the hours of
                                                   14 See supra note 9.                                   16 17   CFR 240.19b–4.                                  10:00 a.m. and 3:00 p.m. Copies of the


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                                                                          Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices                                            43597

                                                filing also will be available for                       II. Self-Regulatory Organization’s                    exchange, and, in particular, with the
                                                inspection and copying at the principal                 Statement of the Purpose of, and                      requirements of Section 6(b) of the Act.4
                                                office of the Exchange. All comments                    Statutory Basis for, the Proposed Rule                In particular, the proposal is consistent
                                                received will be posted without change;                 Change                                                with Section 6(b)(5) of the Act,5 because
                                                the Commission does not edit personal                     In its filing with the Commission, the              is designed to promote just and
                                                identifying information from                            Exchange included statements                          equitable principles of trade, remove
                                                submissions. You should submit only                     concerning the purpose of and basis for               impediments to and perfect the
                                                information that you wish to make                       the proposed rule change and discussed                mechanisms of a free and open market
                                                available publicly. All submissions                     any comments it received on the                       and a national market system and, in
                                                should refer to File Number SR–                         proposed rule change. The text of these               general, to protect investors and the
                                                BatsBZX–2017–57 and should be                           statements may be examined at the                     public interest. The Exchange believes
                                                submitted on or before October 10,                      places specified in Item IV below. The                that the proposed rule change is
                                                2017.                                                   Exchange has prepared summaries, set                  consistent with the protection of
                                                  For the Commission, by the Division of                forth in sections A, B, and C below, of               investors and the public interest
                                                Trading and Markets, pursuant to delegated              the most significant aspects of such                  because the systems issue described in
                                                authority.17                                            statements.                                           Chapter 19 has been resolved. Due to a
                                                Eduardo A. Aleman,                                                                                            systems issue, allocations in the Flash
                                                                                                        A. Self-Regulatory Organization’s                     auction were not being done in the
                                                Assistant Secretary.                                    Statement of the Purpose of, and                      manner described in Supplementary
                                                [FR Doc. 2017–19803 Filed 9–15–17; 8:45 am]             Statutory Basis for, the Proposed Rule                Material .02(a)–(b) to Rule 1901. As a
                                                BILLING CODE 8011–01–P                                  Change                                                temporary measure, the Exchange
                                                                                                        1. Purpose                                            therefore added language to that effect
                                                SECURITIES AND EXCHANGE                                                                                       to Chapter 19. With the migration of the
                                                                                                           The purpose of the proposed rule                   Exchange’s trading system to Nasdaq
                                                COMMISSION                                              change is to remove language from                     INET, this systems issue has been
                                                                                                        Chapter 19 related to a systems issue                 eliminated, and the Exchange therefore
                                                [Release No. 34–81597; File No. SR–MRX–                 that has been resolved with the
                                                                                                                                                              believes that it is appropriate to remove
                                                2017–17]                                                completed migration of the Exchange to
                                                                                                                                                              this language from Chapter 19.
                                                                                                        Nasdaq INET. On June 6, 2017, the
                                                Self-Regulatory Organizations; Nasdaq                   Exchange filed a proposed rule change                 B. Self-Regulatory Organization’s
                                                MRX, LLC; Notice of Filing and                          to amend Chapter 19 to notify members                 Statement on Burden on Competition
                                                Immediate Effectiveness of Proposed                     of a systems issue related to allocations
                                                Rule Change To Remove Language                          made pursuant to Supplementary                           In accordance with Section 6(b)(8) of
                                                From Chapter 19 of the Rulebook                         Material .02(a)–(b) to Rule 1901 (‘‘Flash             the Act,6 the Exchange does not believe
                                                                                                        auction’’).3 As explained in that                     that the proposed rule change will
                                                September 13, 2017.                                                                                           impose any burden on intermarket or
                                                                                                        proposed rule change, due to a systems
                                                   Pursuant to Section 19(b)(1) of the                  issue, Flash auction allocations                      intramarket competition that is not
                                                Securities Exchange Act of 1934 (the                    pursuant to Supplementary Material                    necessary or appropriate in furtherance
                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  .02(a)–(b) to Rule 1901 were not being                of the purposes of the Act. The
                                                notice is hereby given that on August                   provided as described in that rule, and               proposed rule change eliminates
                                                31, 2017, Nasdaq MRX, LLC (‘‘MRX’’ or                   instead Primary Market Maker quotes                   outdated text reflecting a systems issue
                                                ‘‘Exchange’’) filed with the Securities                 were being given a Flash auction                      related to Flash auction allocations, and
                                                and Exchange Commission (‘‘SEC’’ or                     allocation pursuant to Supplementary                  is not designed to have any competitive
                                                ‘‘Commission’’) the proposed rule                       Material .01(b)–(c) to Rule 713 after                 impact.
                                                change as described in Items I and II                   Priority Customer Orders on the book,
                                                                                                                                                              C. Self-Regulatory Organization’s
                                                below, which Items have been prepared                   and ahead of Responses, Professional
                                                by the Exchange. The Commission is                                                                            Statement on Comments on the
                                                                                                        Orders, and other market maker quotes.
                                                publishing this notice to solicit                                                                             Proposed Rule Change Received From
                                                                                                        This systems issue has been resolved
                                                comments on the proposed rule change                                                                          Members, Participants, or Others
                                                                                                        with the Exchange’s migration to
                                                from interested persons.                                Nasdaq INET, which was completed on                     No written comments were either
                                                                                                        Monday, August 21, 2017. As all                       solicited or received.
                                                I. Self-Regulatory Organization’s
                                                                                                        symbols are now trading on INET,
                                                Statement of the Terms of Substance of                                                                        III. Date of Effectiveness of the
                                                                                                        contracts executed in a Flash auction
                                                the Proposed Rule Change                                                                                      Proposed Rule Change and Timing for
                                                                                                        will be allocated correctly pursuant to
                                                   The Exchange proposes to remove                      Supplementary Material .02 to Rule                    Commission Action
                                                language from Chapter 19 related to a                   1901. The Exchange therefore proposes
                                                                                                                                                                Because the proposed rule change
                                                systems issue that has been resolved                    to remove the language described above
                                                                                                                                                              does not (i) significantly affect the
                                                with the completed migration of the                     from its rulebook.
                                                                                                                                                              protection of investors or the public
                                                Exchange to Nasdaq INET.                                2. Statutory Basis                                    interest; (ii) impose any significant
                                                   The text of the proposed rule change                   The Exchange believes that the                      burden on competition; and (iii) become
sradovich on DSKBBY8HB2PROD with NOTICES




                                                is available on the Exchange’s Web site                 proposed rule change is consistent with               operative for 30 days from the date on
                                                at www.ise.com, at the principal office                 the requirements of the Act and the                   which it was filed, or such shorter time
                                                of the Exchange, and at the                             rules and regulations thereunder that                 as the Commission may designate, it has
                                                Commission’s Public Reference Room.                     are applicable to a national securities               become effective pursuant to Section

                                                  17 17 CFR 200.30–3(a)(12).                               3 See Securities Exchange Act Release No. 80965      4 15 U.S.C. 78f(b).
                                                  1 15 U.S.C. 78s(b)(1).                                                                                        5 15 U.S.C. 78f(b)(5).
                                                                                                        (June 19, 2017), 82 FR 28716 (June 23, 2017) (SR–
                                                  2 17 CFR 240.19b–4.                                   MRX–2017–07).                                           6 15 U.S.C. 78f(b)(8).




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Document Created: 2017-09-16 00:52:42
Document Modified: 2017-09-16 00:52:42
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 43595 

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