82_FR_53769 82 FR 53549 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Bats BZX Exchange, Inc.; Bats EDGA Exchange, Inc.; Bats EDGX Exchange, Inc.; BOX Options Exchange LLC; C2 Options Exchange, Incorporated; Chicago Board Options Exchange, Incorporated; Chicago Stock Exchange, Inc.; Financial Industry Regulatory Authority, Inc.; Investors Exchange LLC; Miami International Securities Exchange, LLC; MIAX PEARL LLC; Nasdaq BX, Inc.; Nasdaq GEMX, LLC; Nasdaq ISE, LLC; Nasdaq MRX, LLC; Nasdaq PHLX LLC; The Nasdaq Stock Market LLC; New York Stock Exchange LLC; NYSE Arca, Inc. and NYSE MKT LLC; Notice of Designation of Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove Proposed Rule Changes To Establish Fees for Industry Members To Fund the Consolidated Audit Trail

82 FR 53549 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Bats BZX Exchange, Inc.; Bats EDGA Exchange, Inc.; Bats EDGX Exchange, Inc.; BOX Options Exchange LLC; C2 Options Exchange, Incorporated; Chicago Board Options Exchange, Incorporated; Chicago Stock Exchange, Inc.; Financial Industry Regulatory Authority, Inc.; Investors Exchange LLC; Miami International Securities Exchange, LLC; MIAX PEARL LLC; Nasdaq BX, Inc.; Nasdaq GEMX, LLC; Nasdaq ISE, LLC; Nasdaq MRX, LLC; Nasdaq PHLX LLC; The Nasdaq Stock Market LLC; New York Stock Exchange LLC; NYSE Arca, Inc. and NYSE MKT LLC; Notice of Designation of Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove Proposed Rule Changes To Establish Fees for Industry Members To Fund the Consolidated Audit Trail

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 220 (November 16, 2017)

Page Range53549-53551
FR Document2017-24781

Federal Register, Volume 82 Issue 220 (Thursday, November 16, 2017)
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53549-53551]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24781]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82049; File Nos. SR-BatsBYX-2017-11; SR-BatsBZX-2017-
38; SR-BatsEDGA-2017-13; SR-BatsEDGX-2017-22; SR-BOX-2017-16; SR-BX-
2017-023; SR-C2-2017-017; SR-CBOE-2017-040; SR-CHX-2017-08; SR-FINRA-
2017-011; SR-GEMX-2017-17; SR-IEX-2017-16; SR-ISE-2017-45; SR-MIAX-
2017-18; SR-MRX-2017-04; SR-NASDAQ-2017-046; SR-NYSE-2017-22; SR-
NYSEArca-2017-52; SR-NYSEMKT-2017-26; SR-PEARL-2017-20; SR-PHLX-2017-
37]


Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Bats BZX 
Exchange, Inc.; Bats EDGA Exchange, Inc.; Bats EDGX Exchange, Inc.; BOX 
Options Exchange LLC; C2 Options Exchange, Incorporated; Chicago Board 
Options Exchange, Incorporated; Chicago Stock Exchange, Inc.; Financial 
Industry Regulatory Authority, Inc.; Investors Exchange LLC; Miami 
International Securities Exchange, LLC; MIAX PEARL LLC; Nasdaq BX, 
Inc.; Nasdaq GEMX, LLC; Nasdaq ISE, LLC; Nasdaq MRX, LLC; Nasdaq PHLX 
LLC; The Nasdaq Stock Market LLC; New York Stock Exchange LLC; NYSE 
Arca, Inc. and NYSE MKT LLC; Notice of Designation of Longer Period for 
Commission Action on Proceedings To Determine Whether To Approve or 
Disapprove Proposed Rule Changes To Establish Fees for Industry Members 
To Fund the Consolidated Audit Trail

November 9, 2017.

    On May 1, 2017,\1\ May 2, 2017,\2\ May 3, 2017,\3\ May 8, 2017,\4\ 
May 9, 2017,\5\ May 10, 2017,\6\ May 12, 2017,\7\ May 15, 2017,\8\ May 
16, 2017,\9\ and May 23, 2017,\10\ Bats BYX Exchange, Inc. (``Bats 
BYX'') (n/k/a Cboe BYX Exchange, Inc.),\11\ Bats BZX Exchange, Inc. 
(``Bats BZX'') (n/k/a Cboe BZX Exchange, Inc.),\12\ Bats EDGA Exchange, 
Inc. (``Bats EDGA'') (n/k/a Cboe EDGA Exchange, Inc.),\13\ Bats EDGX 
Exchange, Inc. (``Bats EDGX'') (n/k/a Cboe EDGX Exchange, Inc.),\14\ 
BOX Options Exchange LLC (``BOX''), C2 Options Exchange, Incorporated 
(``C2'') (n/k/a Cboe C2 Options Exchange, Inc.),\15\ Chicago Board 
Options Exchange, Incorporated (``CBOE'') (n/k/a Cboe Exchange, 
Inc.),\16\ Chicago Stock Exchange, Inc. (``CHX''), Financial Industry 
Regulatory Authority, Inc. (``FINRA''), Investors Exchange LLC 
(``IEX''), Nasdaq ISE, LLC (``ISE''), Miami International Securities 
Exchange, LLC (``MIAX''), MIAX PEARL, LLC (``PEARL''), Nasdaq BX, Inc. 
(``BX''), Nasdaq GEMX, LLC (``GEMX''), Nasdaq MRX, LLC (``MRX''), 
Nasdaq PHLX LLC (``Phlx''), The Nasdaq Stock Market LLC (``Nasdaq''), 
New York Stock Exchange LLC (``NYSE''), NYSE Arca, Inc. (``NYSE Arca'') 
and NYSE MKT LLC (``NYSE

[[Page 53550]]

MKT'') (n/k/a NYSE American LLC) \17\ (collectively, the 
``Participants'') filed with the Securities and Exchange Commission 
(the ``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \18\ and Rule 19b-4 thereunder,\19\ 
proposed rule changes to adopt fees to be charged to Industry Members 
to fund the consolidated audit trail (``CAT'').\20\ The proposed rule 
changes were immediately effective upon filing with the Commission 
pursuant to Section 19(b)(3)(A) of the Act.\21\ The proposed rule 
changes submitted by MIAX and PEARL were published for comment in the 
Federal Register on May 19, 2017.\22\ The proposed rule changes 
submitted by BX, CHX, IEX, Nasdaq, NYSE, NYSE Arca and NYSE MKT were 
published for comment in the Federal Register on May 22, 2017.\23\ The 
proposed rule change submitted by FINRA was published for comment in 
the Federal Register on May 23, 2017.\24\ The proposed rule changes 
submitted by BOX, GEMX, ISE, MRX and Phlx were published for comment in 
the Federal Register on May 24, 2017.\25\ The proposed rule changes 
submitted by C2, CBOE and Bats EDGA were published for comment in the 
Federal Register on June 1, 2017.\26\ The proposed rule change 
submitted by Bats BYX was published for comment in the Federal Register 
on June 5, 2017.\27\ The proposed rule changes submitted by Bats BZX 
and Bats EDGX were published for comment in the Federal Register on 
June 6, 2017.\28\ The Commission received seven comment letters on the 
proposed rule change,\29\ and a response to comments from the 
Participants.\30\ On June 30, 2017, the Commission temporarily 
suspended and initiated proceedings to determine whether to approve or 
disapprove the proposed rule changes.\31\ The Commission thereafter 
received seven comment letters,\32\ and a response to comments from the 
Participants.\33\ NYSE, NYSE Arca and NYSE MKT filed Amendment No. 1 to 
their proposed rule changes on October 25, 2017. IEX filed Amendment 
No. 1 to its proposed rule change on October 31, 2017. On November 3, 
2017, Bats BYX, Bats BZX, Bats EDGA, Bats EDGX, CBOE and C2 filed 
Amendment No. 1 to their proposed rule changes. Nasdaq, BX, Phlx, ISE, 
MRX, and GEMX filed Amendment No. 1 to their proposed rule changes on 
November 6, 2017. On November 7, 2017, BOX, MIAX and PEARL filed 
Amendment No. 1 to their proposed rule changes.
---------------------------------------------------------------------------

    \1\ Miami International Securities Exchange, LLC and MIAX PEARL 
LLC filed their proposed rule changes on May 1, 2017.
    \2\ The Nasdaq Stock Market LLC and Nasdaq BX, Inc. filed their 
proposed rule changes on May 2, 2017.
    \3\ Chicago Stock Exchange, Inc. filed its proposed rule change 
on May 3, 2017.
    \4\ Financial Industry Regulatory Authority, Inc. filed its 
proposed rule change on May 8, 2017.
    \5\ Investors Exchange LLC originally filed its proposed rule 
change on May 3, 2017 under File No. SR-IEX-2017-13, and 
subsequently withdrew that filing and filed a proposed rule change 
on May 9, 2017.
    \6\ The New York Stock Exchange LLC, NYSE Arca, Inc. and NYSE 
MKT LLC filed their proposed rule changes on May 10, 2017.
    \7\ Nasdaq GEMX LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC and Nasdaq 
PHLX LLC originally filed their proposed rule changes on May 3, 2017 
under File Nos. SR-GEMX-2017-11, SR-ISE-2017-40, SR-MRX-2017-03, and 
SR-PHLX-2017-35, and subsequently withdrew those filings and filed 
proposed rule changes on May 12, 2017.
    \8\ BOX Options Exchange LLC originally filed its proposed rule 
change on May 11, 2017 under File No. SR-BOX-2017-15, and 
subsequently withdrew that filing and filed a proposed rule change 
on May 15, 2017.
    \9\ Bats BYX Exchange, Inc., C2 Options Exchange, Incorporated 
and Chicago Board Options Exchange, Incorporated filed their 
proposed rule changes on May 16, 2017. Bats EDGA Exchange, Inc. 
originally filed its proposed rule change on May 5, 2017 under File 
No. SR-BatsEDGA-2017-11, and subsequently withdrew that filing on 
May 11, 2017 and filed a proposed rule change on May 16, 2017.
    \10\ Bats BZX Exchange, Inc. filed its proposed rule changes on 
May 23, 2017. Bats EDGX Exchange, Inc. originally filed its proposed 
rule change on May 5, 2017 under File No. SR-BatsEDGX-2017-20, and 
subsequently withdrew that filing on May 10, 2017 and filed a 
proposed rule change on May 23, 2017.
    \11\ See Securities Exchange Act Release No. 81952 (October 26, 
2017), 82 FR 50725 (November 1, 2017). The name change was not yet 
effective when Bats BYX filed SR-BatsBYX-2017-11.
    \12\ See Securities Exchange Act Release No. 81962 (October 26, 
2017), 82 FR 50711 (November 1, 2017). The name change was not yet 
effective when Bats BZX filed SR-BatsBZX-2017-38.
    \13\ See Securities Exchange Act Release No. 81957 (October 26, 
2017), 82 FR 50716 (November 1, 2017). The name change was not yet 
effective when Bats EDGA filed SR-BatsEDGA-2017-13.
    \14\ See Securities Exchange Act Release No. 81963 (October 26, 
2017), 82 FR 50697 (November 1, 2017). The name change was not yet 
effective when Bats EDGX filed SR-BatsEDGX-2017-22.
    \15\ See Securities Exchange Act Release No. 81979 (October 30, 
2017), 82 FR 51317 (November 3, 2017). The name change was not yet 
effective when C2 filed SR-C2-2017-017.
    \16\ See Securities Exchange Act Release No. 81981 (October 30, 
2017), 82 FR 51309 (November 3, 2017). The name change was not yet 
effective when CBOE filed SR-CBOE-2017-040.
    \17\ See Securities Exchange Act Release No. 80283 (March 21, 
2017), 82 FR 15244 (March 27, 2017). The name change was not yet 
effective when NYSE MKT filed SR-NYSEMKT-2017-26.
    \18\ 15 U.S.C. 78s(b)(1).
    \19\ 17 CFR 240.19b-4.
    \20\ See infra notes 22-28. The National Market System Plan 
Governing the Consolidated Audit Trail (``CAT NMS Plan'') was 
published for comment in the Federal Register on May 17, 2016, and 
approved by the Commission, as modified, on November 15, 2016. See 
Securities Exchange Act Release Nos. 77724 (April 27, 2016), 81 FR 
30614 (May 17, 2016) (``CAT NMS Plan Notice''); 79318 (November 15, 
2016), 81 FR 84696 (November 23, 2016) (``CAT NMS Plan Approval 
Order'').
    \21\ 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take 
effect upon filing with the Commission if it is designated by the 
exchange as ``establishing or changing a due, fee, or other charge 
imposed by the self-regulatory organization on any person, whether 
or not the person is a member of the self-regulatory organization.'' 
15 U.S.C. 78s(b)(3)(A)(ii).
    \22\ See Securities Exchange Act Release Nos. 80675 (May 15, 
2017), 82 FR 23100 (May 19, 2017) (SR-MIAX-2017-18); and 80676 (May 
15, 2017), 82 FR 23083 (May 19, 2017) (SR-PEARL-2017-20).
    \23\ See Securities Exchange Act Release Nos. 80697 (May 16, 
2017), 82 FR 23398 (May 22, 2017) (SR-BX-2017-023); 80691 (May 16, 
2017), 82 FR 23344 (May 22, 2017) (SR-CHX-2017-08); 80692 (May 16, 
2017), 82 FR 23325 (May 22, 2017) (SR-IEX-2017-16); 80696 (May 16, 
2017), 82 FR 23439 (May 22, 2017) (SR-NASDAQ-2017-046); 80693 (May 
16, 2017), 82 FR 23363 (May 22, 2017) (SR-NYSE-2017-22); 80698 (May 
16, 2017), 82 FR 23457 (May 22, 2017) (SR-NYSEArca-2017-52); and 
80694 (May 16, 2017), 82 FR 23416 (May 22, 2017) (SR-NYSEMKT-2017-
26).
    \24\ See Securities Exchange Act Release No. 80710 (May 17, 
2017), 82 FR 23639 (May 23, 2017) (SR-FINRA-2017-011).
    \25\ See Securities Exchange Act Release Nos. 80721 (May 18, 
2017), 82 FR 23864 (May 24, 2017) (SR-BOX-2017-16); 80713 (May 18, 
2017), 82 FR 23956 (May 24, 2017) (SR-GEMX-2017-17); 80715 (May 18, 
2017), 82 FR 23895 (May 24, 2017) (SR-ISE-2017-45); 80726 (May 18, 
2017), 82 FR 23915 (May 24, 2017) (SR-MRX-2017-04); and 80725 (May 
18, 2017), 82 FR 23935 (May 24, 2017) (SR-PHLX-2017-37).
    \26\ See Securities Exchange Act Release Nos. 80786 (May 26, 
2017), 82 FR 25474 (June 1, 2017) (SR-C2-2017-017); 80785 (May 26, 
2017), 82 FR 25404 (June 1, 2017) (SR-CBOE-2017-040); and 80784 (May 
26, 2017), 82 FR 25448 (June 1, 2017) (SR-BatsEDGA-2017-13).
    \27\ See Securities Exchange Act Release No. 80809 (May 30, 
2017), 82 FR 25837 (June 5, 2017) (SR-BatsBYX-2017-11).
    \28\ See Securities Exchange Act Release Nos. 80822 (May 31, 
2017), 82 FR 26148 (June 6, 2017) (SR-BatsBZX-2017-38); and 80821 
(May 31, 2017), 82 FR 26177 (June 6, 2017) (SR-BatsEDGX-2017-22).
    \29\ Since the Participants' proposed rule changes to adopt fees 
to be charged to Industry Members to fund the consolidated audit 
trail are substantively identical, the Commission is considering all 
comments received on the proposed rule changes regardless of the 
comment file to which they were submitted. See Letter from Theodore 
R. Lazo, Managing Director and Associate General Counsel, Securities 
Industry and Financial Markets Association, to Brent J. Fields, 
Secretary, Commission (dated June 6, 2017), available at: https://www.sec.gov/comments/sr-batsbzx-2017-38/batsbzx201738-1788188-153228.pdf; Letter from Patricia L. Cerny and Steven O'Malley, 
Compliance Consultants, to Brent J. Fields, Secretary, Commission 
(dated June 12, 2017), available at: https://www.sec.gov/comments/sr-cboe-2017-040/cboe2017040-1799253-153675.pdf; Letter from Daniel 
Zinn, General Counsel, OTC Markets Group Inc., to Eduardo A. Aleman, 
Assistant Secretary, Commission (dated June 13, 2017), available at: 
https://www.sec.gov/comments/sr-finra-2017-011/finra2017011-1801717-153703.pdf; Letter from Joanna Mallers, Secretary, FIA Principal 
Traders Group, to Brent J. Fields, Secretary, Commission (dated June 
22, 2017), available at: https://www.sec.gov/comments/sr-cboe-2017-040/cboe2017040-1819670-154195.pdf; Letter from Stuart J. Kaswell, 
Executive Vice President and Managing Director, General Counsel, 
Managed Funds Association, to Brent J. Fields, Secretary, Commission 
(dated June 23, 2017), available at: https://www.sec.gov/comments/sr-finra-2017-011/finra2017011-1822454-154283.pdf; and Letter from 
Suzanne H. Shatto, Investor, to Commission (dated June 27, 2017), 
available at: https:/www.sec.gov/comments/sr-batsedgx-2017-22/batsedgx201722-154443.pdf. The Commission also received a comment 
letter which is not pertinent to these proposed rule changes. See 
Letter from Christina Crouch, Smart Ltd., to Brent J. Fields, 
Secretary, Commission (dated June 5, 2017), available at: htps://
www.sec.gov/comments/sr-batsbzx-2017-38/batsbzx201738-1785545-153152.htm.
    \30\ See Letter from CAT NMS Plan Participants to Brent J. 
Fields, Secretary, Commission (dated June 29, 2017), available at: 
https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-1832632-154584.pdf.
    \31\ See Securities Exchange Act Release No. 81067 (June 30, 
2017), 82 FR 31656 (July 7, 2017).
    \32\ See Letter from W. Hardy Callcott, Partner, Sidley Austin 
LLP, to Brent J. Fields, Secretary, Commission (dated July 27, 
2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2148338-157737.pdf; Letter from Kevin Coleman, 
General Counsel and Chief Compliance Officer, Belvedere Trading LLC, 
to Brent J. Fields, Secretary, Commission (dated July 28, 2017), 
available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2148360-157740.pdf; Letter from Joanna Mallers, 
Secretary, FIA Principal Traders Group, to Brent J. Fields, 
Secretary, Commission (dated July 28, 2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2151228-157745.pdf; Letter from Theodore R. Lazo, Managing Director and 
Associate General Counsel, SIFMA, to Brent J. Fields, Secretary, 
Commission (dated July 28, 2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2150977-157744.pdf; Letter 
from Stuart J. Kaswell, Executive Vice President and Managing 
Director, General Counsel, Managed Funds Association, to Brent J. 
Fields, Secretary, Commission (dated July 28, 2017), available at: 
https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2150818-157743.pdf; Letter from John Kinahan, Chief Executive 
Officer, Group One Trading, L.P., to Brent J. Fields, Secretary, 
Commission (dated August 10, 2017), available at: https://www.sec.gov/comments/sr-finra-2017-011/finra2017011-2214568-160619.pdf; Letter from Joseph Molluso, Executive Vice President and 
CFO, Virtu Financial, to Brent J. Fields, Commission (dated August 
18, 2017), available at: https://www.sec.gov/comments/sr-finra-2017-011/finra2017011-2238648-160830.pdf.
    \33\ See Letter from Michael Simon, Chair, CAT NMS Plan 
Operating Committee, to Brent J. Fields, Commission, Secretary 
(dated November 2, 2017), available at https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2674608-161412.pdf.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \34\ provides that, after instituting 
proceedings, the Commission shall issue an order approving or 
disapproving a proposed rule change not later than 180 days after the 
date of publication of notice of filing

[[Page 53551]]

of the proposed rule change.\35\ The Commission may, however, extend 
the period for issuing an order approving or disapproving the proposed 
rule change by not more than 60 days if the Commission determines that 
a longer period is appropriate and publishes the reasons for such 
determination.\36\ The 180th day for the proposed rule changes 
published in the Federal Register on May 19, 2017,\37\ is November 15, 
2017. The 180th day for the proposed rule changes published in the 
Federal Register on May 22, 2017,\38\ is November 18, 2017. The 180th 
day for the proposed rule change published in the Federal Register on 
May 23, 2017,\39\ is November 19, 2017. The 180th day for the proposed 
rule changes published in the Federal Register on May 24, 2017,\40\ is 
November 20, 2017. The 180th day for the proposed rule changes 
published in the Federal Register on June 1, 2017,\41\ is November 28, 
2017. The 180th day for the proposed rule change published in the 
Federal Register on June 5, 2017,\42\ is December 2, 2017. The 180th 
day for the proposed rule changes published in the Federal Register on 
June 6, 2017,\43\ is December 3, 2017.
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78s(b)(2).
    \35\ 15 U.S.C. 78s(b)(2)(B)(ii)(I).
    \36\ 15 U.S.C. 78s(b)(2)(B)(ii)(II)(aa).
    \37\ See supra note 22.
    \38\ See supra note 23.
    \39\ See supra note 24.
    \40\ See supra note 25.
    \41\ See supra note 26.
    \42\ See supra note 27.
    \43\ See supra note 28.
---------------------------------------------------------------------------

    The Commission is extending the 180-day time period for Commission 
action on each of the proposed rule changes. The Commission finds it 
appropriate to designate a longer period within which to issue an order 
approving or disapproving the proposed rule changes so that it has 
sufficient time to consider the proposed rule changes, the issues 
raised in the comment letters that have been submitted in connection 
therewith, the Participants' response to the comments, and the 
amendments to the proposed rule changes.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the 
Act,\44\ designates January 14, 2018 as the date by which the 
Commission shall either approve or disapprove the proposed rule changes 
(File Nos. SR-BatsBYX-2017-11; SR-BatsBZX-2017-38; SR-BatsEDGA-2017-13; 
SR-BatsEDGX-2017-22; SR-BOX-2017-16; SR-BX-2017-023; SR-C2-2017-017; 
SR-CBOE-2017-040; SR-CHX-2017-08; SR-FINRA-2017-011; SR-GEMX-2017-17; 
SR-IEX-2017-16; SR-ISE-2017-45; SR-MIAX-2017-18; SR-MRX-2017-04; SR-
NASDAQ-2017-046; SR-NYSE-2017-22; SR-NYSEArca-2017-52; SR-NYSEMKT-2017-
26; SR-PEARL-2017-20; SR-PHLX-2017-37).
---------------------------------------------------------------------------

    \44\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\45\
---------------------------------------------------------------------------

    \45\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24781 Filed 11-15-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices                                                     53549

                                                    rules/sro.shtml). Copies of the                           SECURITIES AND EXCHANGE                                2017,8 May 16, 2017,9 and May 23,
                                                    submission, all subsequent                                COMMISSION                                             2017,10 Bats BYX Exchange, Inc. (‘‘Bats
                                                    amendments, all written statements                                                                               BYX’’) (n/k/a Cboe BYX Exchange,
                                                    with respect to the proposed rule                         [Release No. 34–82049; File Nos. SR–                   Inc.),11 Bats BZX Exchange, Inc. (‘‘Bats
                                                    change that are filed with the                            BatsBYX–2017–11; SR–BatsBZX–2017–38;                   BZX’’) (n/k/a Cboe BZX Exchange,
                                                    Commission, and all written                               SR–BatsEDGA–2017–13; SR–BatsEDGX–                      Inc.),12 Bats EDGA Exchange, Inc. (‘‘Bats
                                                    communications relating to the                            2017–22; SR–BOX–2017–16; SR–BX–2017–                   EDGA’’) (n/k/a Cboe EDGA Exchange,
                                                    proposed rule change between the                          023; SR–C2–2017–017; SR–CBOE–2017–                     Inc.),13 Bats EDGX Exchange, Inc. (‘‘Bats
                                                    Commission and any person, other than                     040; SR–CHX–2017–08; SR–FINRA–2017–                    EDGX’’) (n/k/a Cboe EDGX Exchange,
                                                    those that may be withheld from the                       011; SR–GEMX–2017–17; SR–IEX–2017–16;                  Inc.),14 BOX Options Exchange LLC
                                                                                                              SR–ISE–2017–45; SR–MIAX–2017–18; SR–
                                                    public in accordance with the                                                                                    (‘‘BOX’’), C2 Options Exchange,
                                                                                                              MRX–2017–04; SR–NASDAQ–2017–046;
                                                    provisions of 5 U.S.C. 552, will be                       SR–NYSE–2017–22; SR–NYSEArca–2017–                     Incorporated (‘‘C2’’) (n/k/a Cboe C2
                                                    available for Web site viewing and                        52; SR–NYSEMKT–2017–26; SR–PEARL–                      Options Exchange, Inc.),15 Chicago
                                                    printing in the Commission’s Public                       2017–20; SR–PHLX–2017–37]                              Board Options Exchange, Incorporated
                                                    Reference Room, 100 F Street NE.,                                                                                (‘‘CBOE’’) (n/k/a Cboe Exchange, Inc.),16
                                                    Washington, DC 20549 on official                          Self-Regulatory Organizations; Bats                    Chicago Stock Exchange, Inc. (‘‘CHX’’),
                                                    business days between the hours of                        BYX Exchange, Inc.; Bats BZX                           Financial Industry Regulatory
                                                    10:00 a.m. and 3:00 p.m. Copies of such                   Exchange, Inc.; Bats EDGA Exchange,                    Authority, Inc. (‘‘FINRA’’), Investors
                                                    filing also will be available for                         Inc.; Bats EDGX Exchange, Inc.; BOX                    Exchange LLC (‘‘IEX’’), Nasdaq ISE, LLC
                                                    inspection and copying at the principal                   Options Exchange LLC; C2 Options                       (‘‘ISE’’), Miami International Securities
                                                    office of the Exchange. All comments                      Exchange, Incorporated; Chicago                        Exchange, LLC (‘‘MIAX’’), MIAX
                                                    received will be posted without change.                   Board Options Exchange,                                PEARL, LLC (‘‘PEARL’’), Nasdaq BX,
                                                    Persons submitting comments are                           Incorporated; Chicago Stock                            Inc. (‘‘BX’’), Nasdaq GEMX, LLC
                                                    cautioned that we do not redact or edit                   Exchange, Inc.; Financial Industry                     (‘‘GEMX’’), Nasdaq MRX, LLC (‘‘MRX’’),
                                                    personal identifying information from                     Regulatory Authority, Inc.; Investors                  Nasdaq PHLX LLC (‘‘Phlx’’), The
                                                                                                              Exchange LLC; Miami International                      Nasdaq Stock Market LLC (‘‘Nasdaq’’),
                                                    comment submissions. You should
                                                                                                              Securities Exchange, LLC; MIAX
                                                    submit only information that you wish                                                                            New York Stock Exchange LLC
                                                                                                              PEARL LLC; Nasdaq BX, Inc.; Nasdaq
                                                    to make available publicly. All                                                                                  (‘‘NYSE’’), NYSE Arca, Inc. (‘‘NYSE
                                                                                                              GEMX, LLC; Nasdaq ISE, LLC; Nasdaq
                                                    submissions should refer to File                          MRX, LLC; Nasdaq PHLX LLC; The                         Arca’’) and NYSE MKT LLC (‘‘NYSE
                                                    Number SR–BatsBZX–2017–76, and                            Nasdaq Stock Market LLC; New York
                                                    should be submitted on or before                          Stock Exchange LLC; NYSE Arca, Inc.
                                                                                                                                                                        8 BOX Options Exchange LLC originally filed its

                                                    December 7, 2017.                                                                                                proposed rule change on May 11, 2017 under File
                                                                                                              and NYSE MKT LLC; Notice of                            No. SR–BOX–2017–15, and subsequently withdrew
                                                      For the Commission, by the Division of                  Designation of Longer Period for                       that filing and filed a proposed rule change on May
                                                    Trading and Markets, pursuant to delegated                Commission Action on Proceedings To                    15, 2017.
                                                                                                                                                                        9 Bats BYX Exchange, Inc., C2 Options Exchange,
                                                    authority.13                                              Determine Whether To Approve or
                                                                                                              Disapprove Proposed Rule Changes                       Incorporated and Chicago Board Options Exchange,
                                                    Eduardo A. Aleman,                                                                                               Incorporated filed their proposed rule changes on
                                                    Assistant Secretary.                                      To Establish Fees for Industry                         May 16, 2017. Bats EDGA Exchange, Inc. originally
                                                                                                              Members To Fund the Consolidated                       filed its proposed rule change on May 5, 2017 under
                                                    [FR Doc. 2017–24777 Filed 11–15–17; 8:45 am]
                                                                                                              Audit Trail                                            File No. SR–BatsEDGA–2017–11, and subsequently
                                                    BILLING CODE 8011–01–P                                                                                           withdrew that filing on May 11, 2017 and filed a
                                                                                                                                                                     proposed rule change on May 16, 2017.
                                                                                                              November 9, 2017.                                         10 Bats BZX Exchange, Inc. filed its proposed rule

                                                                                                                                                                     changes on May 23, 2017. Bats EDGX Exchange,
                                                                                                                 On May 1, 2017,1 May 2, 2017,2 May                  Inc. originally filed its proposed rule change on
                                                                                                              3, 2017,3 May 8, 2017,4 May 9, 2017,5                  May 5, 2017 under File No. SR–BatsEDGX–2017–
                                                                                                              May 10, 2017,6 May 12, 2017,7 May 15,                  20, and subsequently withdrew that filing on May
                                                                                                                                                                     10, 2017 and filed a proposed rule change on May
                                                                                                                 1 Miami International Securities Exchange, LLC      23, 2017.
                                                                                                                                                                        11 See Securities Exchange Act Release No. 81952
                                                                                                              and MIAX PEARL LLC filed their proposed rule
                                                                                                              changes on May 1, 2017.                                (October 26, 2017), 82 FR 50725 (November 1,
                                                                                                                 2 The Nasdaq Stock Market LLC and Nasdaq BX,        2017). The name change was not yet effective when
                                                                                                              Inc. filed their proposed rule changes on May 2,       Bats BYX filed SR–BatsBYX–2017–11.
                                                                                                                                                                        12 See Securities Exchange Act Release No. 81962
                                                                                                              2017.
                                                                                                                 3 Chicago Stock Exchange, Inc. filed its proposed   (October 26, 2017), 82 FR 50711 (November 1,
                                                                                                              rule change on May 3, 2017.                            2017). The name change was not yet effective when
                                                                                                                 4 Financial Industry Regulatory Authority, Inc.     Bats BZX filed SR–BatsBZX–2017–38.
                                                                                                                                                                        13 See Securities Exchange Act Release No. 81957
                                                                                                              filed its proposed rule change on May 8, 2017.
                                                                                                                 5 Investors Exchange LLC originally filed its       (October 26, 2017), 82 FR 50716 (November 1,
                                                                                                              proposed rule change on May 3, 2017 under File         2017). The name change was not yet effective when
                                                                                                              No. SR–IEX–2017–13, and subsequently withdrew          Bats EDGA filed SR–BatsEDGA–2017–13.
                                                                                                                                                                        14 See Securities Exchange Act Release No. 81963
                                                                                                              that filing and filed a proposed rule change on May
                                                                                                              9, 2017.                                               (October 26, 2017), 82 FR 50697 (November 1,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                 6 The New York Stock Exchange LLC, NYSE Arca,       2017). The name change was not yet effective when
                                                                                                              Inc. and NYSE MKT LLC filed their proposed rule        Bats EDGX filed SR–BatsEDGX–2017–22.
                                                                                                                                                                        15 See Securities Exchange Act Release No. 81979
                                                                                                              changes on May 10, 2017.
                                                                                                                 7 Nasdaq GEMX LLC, Nasdaq ISE, LLC, Nasdaq          (October 30, 2017), 82 FR 51317 (November 3,
                                                                                                              MRX, LLC and Nasdaq PHLX LLC originally filed          2017). The name change was not yet effective when
                                                                                                              their proposed rule changes on May 3, 2017 under       C2 filed SR–C2–2017–017.
                                                                                                              File Nos. SR–GEMX–2017–11, SR–ISE–2017–40,                16 See Securities Exchange Act Release No. 81981

                                                                                                              SR–MRX–2017–03, and SR–PHLX–2017–35, and               (October 30, 2017), 82 FR 51309 (November 3,
                                                                                                              subsequently withdrew those filings and filed          2017). The name change was not yet effective when
                                                      13 17   CFR 200.30–3(a)(12).                            proposed rule changes on May 12, 2017.                 CBOE filed SR–CBOE–2017–040.



                                               VerDate Sep<11>2014     16:52 Nov 15, 2017   Jkt 244001   PO 00000   Frm 00100   Fmt 4703   Sfmt 4703   E:\FR\FM\16NON1.SGM   16NON1


                                                    53550                     Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices

                                                    MKT’’) (n/k/a NYSE American LLC) 17                     proposed rule changes submitted by C2,                Commission temporarily suspended and
                                                    (collectively, the ‘‘Participants’’) filed              CBOE and Bats EDGA were published                     initiated proceedings to determine
                                                    with the Securities and Exchange                        for comment in the Federal Register on                whether to approve or disapprove the
                                                    Commission (the ‘‘Commission’’),                        June 1, 2017.26 The proposed rule                     proposed rule changes.31 The
                                                    pursuant to Section 19(b)(1) of the                     change submitted by Bats BYX was                      Commission thereafter received seven
                                                    Securities Exchange Act of 1934                         published for comment in the Federal                  comment letters,32 and a response to
                                                    (‘‘Act’’) 18 and Rule 19b–4 thereunder,19               Register on June 5, 2017.27 The                       comments from the Participants.33
                                                    proposed rule changes to adopt fees to                  proposed rule changes submitted by                    NYSE, NYSE Arca and NYSE MKT filed
                                                    be charged to Industry Members to fund                  Bats BZX and Bats EDGX were                           Amendment No. 1 to their proposed
                                                    the consolidated audit trail (‘‘CAT’’).20               published for comment in the Federal                  rule changes on October 25, 2017. IEX
                                                    The proposed rule changes were                          Register on June 6, 2017.28 The                       filed Amendment No. 1 to its proposed
                                                    immediately effective upon filing with                  Commission received seven comment                     rule change on October 31, 2017. On
                                                    the Commission pursuant to Section                      letters on the proposed rule change,29                November 3, 2017, Bats BYX, Bats BZX,
                                                    19(b)(3)(A) of the Act.21 The proposed                  and a response to comments from the                   Bats EDGA, Bats EDGX, CBOE and C2
                                                    rule changes submitted by MIAX and                      Participants.30 On June 30, 2017, the                 filed Amendment No. 1 to their
                                                    PEARL were published for comment in                                                                           proposed rule changes. Nasdaq, BX,
                                                    the Federal Register on May 19, 2017.22                 ISE–2017–45); 80726 (May 18, 2017), 82 FR 23915       Phlx, ISE, MRX, and GEMX filed
                                                    The proposed rule changes submitted by                  (May 24, 2017) (SR–MRX–2017–04); and 80725
                                                                                                            (May 18, 2017), 82 FR 23935 (May 24, 2017) (SR–
                                                                                                                                                                  Amendment No. 1 to their proposed
                                                    BX, CHX, IEX, Nasdaq, NYSE, NYSE                        PHLX–2017–37).                                        rule changes on November 6, 2017. On
                                                    Arca and NYSE MKT were published                           26 See Securities Exchange Act Release Nos.        November 7, 2017, BOX, MIAX and
                                                    for comment in the Federal Register on                  80786 (May 26, 2017), 82 FR 25474 (June 1, 2017)      PEARL filed Amendment No. 1 to their
                                                    May 22, 2017.23 The proposed rule                       (SR–C2–2017–017); 80785 (May 26, 2017), 82 FR
                                                                                                                                                                  proposed rule changes.
                                                    change submitted by FINRA was                           25404 (June 1, 2017) (SR–CBOE–2017–040); and
                                                                                                            80784 (May 26, 2017), 82 FR 25448 (June 1, 2017)         Section 19(b)(2) of the Act 34 provides
                                                    published for comment in the Federal                    (SR–BatsEDGA–2017–13).                                that, after instituting proceedings, the
                                                    Register on May 23, 2017.24 The                            27 See Securities Exchange Act Release No. 80809
                                                                                                                                                                  Commission shall issue an order
                                                    proposed rule changes submitted by                      (May 30, 2017), 82 FR 25837 (June 5, 2017) (SR–
                                                                                                                                                                  approving or disapproving a proposed
                                                    BOX, GEMX, ISE, MRX and Phlx were                       BatsBYX–2017–11).
                                                                                                               28 See Securities Exchange Act Release Nos.        rule change not later than 180 days after
                                                    published for comment in the Federal                    80822 (May 31, 2017), 82 FR 26148 (June 6, 2017)      the date of publication of notice of filing
                                                    Register on May 24, 2017.25 The                         (SR–BatsBZX–2017–38); and 80821 (May 31, 2017),
                                                                                                            82 FR 26177 (June 6, 2017) (SR–BatsEDGX–2017–
                                                       17 See Securities Exchange Act Release No. 80283     22).                                                  comments/sr-batsbyx-2017-11/batsbyx201711-
                                                                                                               29 Since the Participants’ proposed rule changes
                                                                                                                                                                  1832632-154584.pdf.
                                                    (March 21, 2017), 82 FR 15244 (March 27, 2017).                                                                  31 See Securities Exchange Act Release No. 81067
                                                    The name change was not yet effective when NYSE         to adopt fees to be charged to Industry Members to
                                                    MKT filed SR–NYSEMKT–2017–26.                           fund the consolidated audit trail are substantively   (June 30, 2017), 82 FR 31656 (July 7, 2017).
                                                                                                                                                                     32 See Letter from W. Hardy Callcott, Partner,
                                                       18 15 U.S.C. 78s(b)(1).                              identical, the Commission is considering all
                                                       19 17 CFR 240.19b–4.                                 comments received on the proposed rule changes        Sidley Austin LLP, to Brent J. Fields, Secretary,
                                                       20 See infra notes 22–28. The National Market        regardless of the comment file to which they were     Commission (dated July 27, 2017), available at:
                                                                                                            submitted. See Letter from Theodore R. Lazo,          https://www.sec.gov/comments/sr-batsbyx-2017-11/
                                                    System Plan Governing the Consolidated Audit                                                                  batsbyx201711-2148338-157737.pdf; Letter from
                                                    Trail (‘‘CAT NMS Plan’’) was published for              Managing Director and Associate General Counsel,
                                                                                                            Securities Industry and Financial Markets             Kevin Coleman, General Counsel and Chief
                                                    comment in the Federal Register on May 17, 2016,                                                              Compliance Officer, Belvedere Trading LLC, to
                                                                                                            Association, to Brent J. Fields, Secretary,
                                                    and approved by the Commission, as modified, on                                                               Brent J. Fields, Secretary, Commission (dated July
                                                                                                            Commission (dated June 6, 2017), available at:
                                                    November 15, 2016. See Securities Exchange Act                                                                28, 2017), available at: https://www.sec.gov/
                                                                                                            https://www.sec.gov/comments/sr-batsbzx-2017-38/
                                                    Release Nos. 77724 (April 27, 2016), 81 FR 30614                                                              comments/sr-batsbyx-2017-11/batsbyx201711-
                                                                                                            batsbzx201738-1788188-153228.pdf; Letter from
                                                    (May 17, 2016) (‘‘CAT NMS Plan Notice’’); 79318                                                               2148360-157740.pdf; Letter from Joanna Mallers,
                                                                                                            Patricia L. Cerny and Steven O’Malley, Compliance
                                                    (November 15, 2016), 81 FR 84696 (November 23,                                                                Secretary, FIA Principal Traders Group, to Brent J.
                                                                                                            Consultants, to Brent J. Fields, Secretary,
                                                    2016) (‘‘CAT NMS Plan Approval Order’’).                                                                      Fields, Secretary, Commission (dated July 28, 2017),
                                                       21 15 U.S.C. 78s(b)(3)(A). A proposed rule change
                                                                                                            Commission (dated June 12, 2017), available at:
                                                                                                            https://www.sec.gov/comments/sr-cboe-2017-040/        available at: https://www.sec.gov/comments/sr-
                                                    may take effect upon filing with the Commission if      cboe2017040-1799253-153675.pdf; Letter from           batsbyx-2017-11/batsbyx201711-2151228-
                                                    it is designated by the exchange as ‘‘establishing or   Daniel Zinn, General Counsel, OTC Markets Group       157745.pdf; Letter from Theodore R. Lazo,
                                                    changing a due, fee, or other charge imposed by the     Inc., to Eduardo A. Aleman, Assistant Secretary,      Managing Director and Associate General Counsel,
                                                    self-regulatory organization on any person, whether     Commission (dated June 13, 2017), available at:       SIFMA, to Brent J. Fields, Secretary, Commission
                                                    or not the person is a member of the self-regulatory    https://www.sec.gov/comments/sr-finra-2017-011/       (dated July 28, 2017), available at: https://
                                                    organization.’’ 15 U.S.C. 78s(b)(3)(A)(ii).             finra2017011-1801717-153703.pdf; Letter from          www.sec.gov/comments/sr-batsbyx-2017-11/
                                                       22 See Securities Exchange Act Release Nos.
                                                                                                            Joanna Mallers, Secretary, FIA Principal Traders      batsbyx201711-2150977-157744.pdf; Letter from
                                                    80675 (May 15, 2017), 82 FR 23100 (May 19, 2017)        Group, to Brent J. Fields, Secretary, Commission      Stuart J. Kaswell, Executive Vice President and
                                                    (SR–MIAX–2017–18); and 80676 (May 15, 2017), 82         (dated June 22, 2017), available at: https://         Managing Director, General Counsel, Managed
                                                    FR 23083 (May 19, 2017) (SR–PEARL–2017–20).             www.sec.gov/comments/sr-cboe-2017-040/                Funds Association, to Brent J. Fields, Secretary,
                                                       23 See Securities Exchange Act Release Nos.                                                                Commission (dated July 28, 2017), available at:
                                                                                                            cboe2017040-1819670-154195.pdf; Letter from
                                                    80697 (May 16, 2017), 82 FR 23398 (May 22, 2017)        Stuart J. Kaswell, Executive Vice President and       https://www.sec.gov/comments/sr-batsbyx-2017-11/
                                                    (SR–BX–2017–023); 80691 (May 16, 2017), 82 FR           Managing Director, General Counsel, Managed           batsbyx201711-2150818-157743.pdf; Letter from
                                                    23344 (May 22, 2017) (SR–CHX–2017–08); 80692            Funds Association, to Brent J. Fields, Secretary,     John Kinahan, Chief Executive Officer, Group One
                                                    (May 16, 2017), 82 FR 23325 (May 22, 2017) (SR–         Commission (dated June 23, 2017), available at:       Trading, L.P., to Brent J. Fields, Secretary,
                                                    IEX–2017–16); 80696 (May 16, 2017), 82 FR 23439         https://www.sec.gov/comments/sr-finra-2017-011/       Commission (dated August 10, 2017), available at:
                                                    (May 22, 2017) (SR–NASDAQ–2017–046); 80693              finra2017011-1822454-154283.pdf; and Letter from      https://www.sec.gov/comments/sr-finra-2017-011/
                                                    (May 16, 2017), 82 FR 23363 (May 22, 2017) (SR–         Suzanne H. Shatto, Investor, to Commission (dated     finra2017011-2214568-160619.pdf; Letter from
                                                    NYSE–2017–22); 80698 (May 16, 2017), 82 FR              June 27, 2017), available at: https:/www.sec.gov/     Joseph Molluso, Executive Vice President and CFO,
                                                    23457 (May 22, 2017) (SR–NYSEArca–2017–52);                                                                   Virtu Financial, to Brent J. Fields, Commission
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            comments/sr-batsedgx-2017-22/batsedgx201722-
                                                    and 80694 (May 16, 2017), 82 FR 23416 (May 22,          154443.pdf. The Commission also received a            (dated August 18, 2017), available at: https://
                                                    2017) (SR–NYSEMKT–2017–26).                             comment letter which is not pertinent to these        www.sec.gov/comments/sr-finra-2017-011/
                                                       24 See Securities Exchange Act Release No. 80710     proposed rule changes. See Letter from Christina      finra2017011-2238648-160830.pdf.
                                                    (May 17, 2017), 82 FR 23639 (May 23, 2017) (SR–         Crouch, Smart Ltd., to Brent J. Fields, Secretary,       33 See Letter from Michael Simon, Chair, CAT

                                                    FINRA–2017–011).                                        Commission (dated June 5, 2017), available at:        NMS Plan Operating Committee, to Brent J. Fields,
                                                       25 See Securities Exchange Act Release Nos.          htps://www.sec.gov/comments/sr-batsbzx-2017-38/       Commission, Secretary (dated November 2, 2017),
                                                    80721 (May 18, 2017), 82 FR 23864 (May 24, 2017)        batsbzx201738-1785545-153152.htm.                     available at https://www.sec.gov/comments/sr-
                                                    (SR–BOX–2017–16); 80713 (May 18, 2017), 82 FR              30 See Letter from CAT NMS Plan Participants to    batsbyx-2017-11/batsbyx201711-2674608-
                                                    23956 (May 24, 2017) (SR–GEMX–2017–17); 80715           Brent J. Fields, Secretary, Commission (dated June    161412.pdf.
                                                    (May 18, 2017), 82 FR 23895 (May 24, 2017) (SR–         29, 2017), available at: https://www.sec.gov/            34 15 U.S.C. 78s(b)(2).




                                               VerDate Sep<11>2014   16:52 Nov 15, 2017   Jkt 244001   PO 00000   Frm 00101   Fmt 4703   Sfmt 4703   E:\FR\FM\16NON1.SGM   16NON1


                                                                                 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices                                                       53551

                                                    of the proposed rule change.35 The                           046; SR–NYSE–2017–22; SR–                              program and helps to ensure that the
                                                    Commission may, however, extend the                          NYSEArca–2017–52; SR–NYSEMKT–                          fund assets are subject to proper
                                                    period for issuing an order approving or                     2017–26; SR–PEARL–2017–20; SR–                         auditing procedures. The accountant’s
                                                    disapproving the proposed rule change                        PHLX–2017–37).                                         certificate stating that it has made an
                                                    by not more than 60 days if the                                For the Commission, by the Division of               examination, and describing the nature
                                                    Commission determines that a longer                          Trading and Markets, pursuant to delegated             and the extent of the examination, must
                                                    period is appropriate and publishes the                      authority.45                                           be attached to Form N–17f–1 and filed
                                                    reasons for such determination.36 The                        Eduardo A. Aleman,                                     with the Commission promptly after
                                                    180th day for the proposed rule changes                      Assistant Secretary.                                   each examination. The form facilitates
                                                    published in the Federal Register on                         [FR Doc. 2017–24781 Filed 11–15–17; 8:45 am]
                                                                                                                                                                        the filing of the accountant’s certificates,
                                                    May 19, 2017,37 is November 15, 2017.                                                                               and increases the accessibility of the
                                                                                                                 BILLING CODE 8011–01–P
                                                    The 180th day for the proposed rule                                                                                 certificates to both Commission staff
                                                    changes published in the Federal                                                                                    and interested investors.
                                                    Register on May 22, 2017,38 is                               SECURITIES AND EXCHANGE                                   Commission staff estimates that it
                                                    November 18, 2017. The 180th day for                         COMMISSION                                             takes: (i) 1 Hour of clerical time to
                                                    the proposed rule change published in                                                                               prepare and file Form N–17f–1; and (ii)
                                                    the Federal Register on May 23, 2017,39                      [SEC File No. 270–316, OMB Control No.                 0.5 hour for the fund’s chief compliance
                                                    is November 19, 2017. The 180th day for                      3235–0359]                                             officer to review Form N–17f–1 prior to
                                                    the proposed rule changes published in                                                                              filing with the Commission, for a total
                                                                                                                 Proposed Collection; Comment                           of 1.5 hours. Each fund is required to
                                                    the Federal Register on May 24, 2017,40
                                                                                                                 Request                                                make 3 filings annually, for a total
                                                    is November 20, 2017. The 180th day for
                                                    the proposed rule changes published in                       Upon Written Request, Copies Available                 annual burden per fund of
                                                    the Federal Register on June 1, 2017,41                       From: Securities and Exchange                         approximately 4.5 hours.1 Commission
                                                    is November 28, 2017. The 180th day for                       Commission, Office of FOIA Services,                  staff estimates that an average of 6 funds
                                                    the proposed rule change published in                         100 F Street NE., Washington, DC                      currently file Form N–17f–1 with the
                                                    the Federal Register on June 5, 2017,42                       20549–2736.                                           Commission 3 times each year, for a
                                                    is December 2, 2017. The 180th day for                       Extension:
                                                                                                                                                                        total of 18 responses annually.2 The
                                                    the proposed rule changes published in                         Form N–17f–1                                         total annual hour burden for Form
                                                    the Federal Register on June 6, 2017,43                                                                             N–17f–1 is therefore estimated to be
                                                    is December 3, 2017.                                            Notice is hereby given that pursuant                approximately 27 hours.3
                                                       The Commission is extending the 180-                      to the Paperwork Reduction Act of 1995                    The estimate of average burden hours
                                                    day time period for Commission action                        (44 U.S.C. 3501 et seq.), the Securities               is made solely for the purposes of the
                                                    on each of the proposed rule changes.                        and Exchange Commission (the                           Paperwork Reduction Act, and is not
                                                    The Commission finds it appropriate to                       ‘‘Commission’’) is soliciting comments                 derived from a comprehensive or even
                                                    designate a longer period within which                       on the collections of information                      a representative survey or study of the
                                                    to issue an order approving or                               summarized below. The Commission                       costs of Commission rules. Compliance
                                                    disapproving the proposed rule changes                       plans to submit this existing collection               with the collections of information
                                                    so that it has sufficient time to consider                   of information to the Office of                        required by Form N–17f–1 is mandatory
                                                    the proposed rule changes, the issues                        Management and Budget for extension                    for funds that place their assets in the
                                                    raised in the comment letters that have                      and approval.                                          custody of a national securities
                                                    been submitted in connection therewith,                         Form N–17f–1 (17 CFR 274.219) is                    exchange member. Responses will not
                                                    the Participants’ response to the                            entitled ‘‘Certificate of Accounting of                be kept confidential. An agency may not
                                                    comments, and the amendments to the                          Securities and Similar Investments of a                conduct or sponsor, and a person is not
                                                    proposed rule changes.                                       Management Investment Company in                       required to respond to a collection of
                                                       Accordingly, the Commission,                              the Custody of Members of National                     information unless it displays a
                                                    pursuant to Section 19(b)(2) of the                          Securities Exchanges.’’ The form serves                currently valid control number.
                                                    Act,44 designates January 14, 2018 as the                    as a cover sheet to the accountant’s                      The Commission requests written
                                                    date by which the Commission shall                           certificate that is required to be filed               comments on: (a) Whether the
                                                    either approve or disapprove the                             periodically with the Commission                       collections of information are necessary
                                                    proposed rule changes (File Nos. SR–                         pursuant to rule 17f–1 (17 CFR 270.17f–                for the proper performance of the
                                                    BatsBYX–2017–11; SR–BatsBZX–2017–                            1) under the Act, entitled ‘‘Custody of                functions of the Commission, including
                                                    38; SR–BatsEDGA–2017–13; SR–                                 Securities with Members of National                    whether the information has practical
                                                    BatsEDGX–2017–22; SR–BOX–2017–16;                            Securities Exchanges,’’ which sets forth               utility; (b) the accuracy of the
                                                    SR–BX–2017–023; SR–C2–2017–017;                              the conditions under which a fund may                  Commission’s estimate of the burdens of
                                                    SR–CBOE–2017–040; SR–CHX–2017–                               place its assets in the custody of a                   the collection of information; (c) ways to
                                                    08; SR–FINRA–2017–011; SR–GEMX–                              member of a national securities                        enhance the quality, utility, and clarity
                                                    2017–17; SR–IEX–2017–16; SR–ISE–                             exchange. Rule 17f–1 requires, among                   of the information collected; and (d)
                                                    2017–45; SR–MIAX–2017–18; SR–                                other things, that an independent public               ways to minimize the burden of the
                                                    MRX–2017–04; SR–NASDAQ–2017–                                 accountant verify the fund’s assets at the             collection of information on
                                                                                                                 end of every annual and semi-annual                    respondents, including through the use
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                      35 15 U.S.C. 78s(b)(2)(B)(ii)(I).                          fiscal period, and at least one other time             of automated collection techniques or
                                                      36 15 U.S.C. 78s(b)(2)(B)(ii)(II)(aa).                     during the fiscal year as chosen by the
                                                      37 See supra note 22.
                                                      38 See supra note 23.
                                                                                                                 independent accountant. Requiring an                     1 This estimate is based on the following

                                                                                                                 independent accountant to examine the                  calculation: (1.5 hours × 3 responses annually = 4.5
                                                      39 See supra note 24.
                                                                                                                 fund’s assets in the custody of a member               hours).
                                                      40 See supra note 25.
                                                                                                                                                                          2 This estimate is based on a review of Form
                                                      41 See supra note 26.                                      of a national securities exchange assists              N–17f–1 filings made with the Commission over the
                                                      42 See supra note 27.                                      Commission staff in its inspection                     last three years.
                                                      43 See supra note 28.                                                                                               3 This estimate is based on the following
                                                      44 15 U.S.C. 78s(b)(2).                                      45 17   CFR 200.30–3(a)(57).                         calculations: (4.5 hours × 6 funds = 27 total hours).



                                               VerDate Sep<11>2014    16:52 Nov 15, 2017       Jkt 244001   PO 00000   Frm 00102    Fmt 4703   Sfmt 4703   E:\FR\FM\16NON1.SGM   16NON1



Document Created: 2017-11-16 03:53:00
Document Modified: 2017-11-16 03:53:00
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 53549 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR