82 FR 58042 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 4759
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 235 (December 8, 2017)
Federal Register Volume 82, Issue 235 (December 8, 2017)
| Page Range | 58042-58045 | |
| FR Document | 2017-26448 |
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)] [Notices] [Pages 58042-58045] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26448] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82210; File No. SR-BX-2017-052] Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 4759 December 4, 2017. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on November 28, 2017, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed with the Securities and Exchange Commission (``SEC'' or ``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to add additional detail about the purposes for which the Exchange uses securities information processor data pursuant to Rule 4759, and to make other technical corrections to that rule. The text of the proposed rule change is available on the Exchange's Web site at http://nasdaqbx.cchwallstreet.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 [[Page 58043]] the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to add additional detail about the purposes for which the Exchange uses securities information processor (``SIP'') data pursuant to Rule 4759, and to make other technical corrections to that rule. Rule 4759 lists the proprietary and network processor feeds that are utilized for the handling, routing, and execution of orders, as well as for the regulatory compliance processes related to those functions. The BX trading system utilizes proprietary market data as the Primary Source of quotation data for the following markets that provide a reliable direct feed: NYSE American, Nasdaq BX, CBOE EDGA, CBOE EDGX, CHX, NYSE, NYSE Arca, Nasdaq, Nasdaq PSX, CBOE BYX, and CBOE BZX.\3\ For each of these markets, the Exchange uses SIP data as the Secondary Source of quotation data.\4\ --------------------------------------------------------------------------- \3\ Several of the exchanges mentioned in this filing have been renamed recently; the names used herein reflect the current names of the exchanges. This proposed rule change also includes amendments to reflect the new names for these exchanges. \4\ SIP data is used as the Primary Source for NYSE National, FINRA ADF, and IEX. There is no Secondary Source for these markets. --------------------------------------------------------------------------- Generally, Rule 4759 provides that the Primary Source of data is used for the handling, routing, and execution of orders, as well as for the regulatory compliance processes related to those functions, unless it is delayed by a configurable amount compared to the Secondary Source of data. While this is true for quotation data used by the trading system for the handling, routing, and execution of orders, and also regulatory compliance processes related to those functions, including, for example, determination of trade-throughs under Rule 611 of Regulation NMS, the Exchange uses SIP data for certain trade and administrative messages. For example, the Exchange uses SIP data for limit-up limit-down price bands, market-wide circuit breaker decline and status messages, Regulation SHO state messages, trading state messages (i.e., halts and resumes), and trade messages (i.e., last sale). As described in more detail below, with the exception of last sale information, these messages originate from the SIP, and are often not available on the direct feeds. To mitigate risks associated with a potential SIP outage, however, where the information is available on a direct feed from one or more exchanges, the Exchange uses such direct feed data solely as a backup to the SIP data. The Exchange therefore proposes to amend Rule 4759 to provide that the BX System consumes quotation data from the listed proprietary and network processor feeds for the handling, routing, and execution of orders, as well as for the regulatory compliance processes related to those functions.\5\ Furthermore, with the proposed changes, Rule 4759 will provide that the SIP is the Primary Source of certain trade and administrative messages such as limit-up limit-down price bands, market-wide circuit breaker decline and status messages, Regulation SHO state messages, halts and resumes, and last sale information, and that, where available, the direct feeds are the Secondary Source of such information. For the reasons discussed in this filing, the Exchange believes that it is appropriate to use the SIP as the Primary Source of data for these trade and administrative messages. Limit-up limit down price bands, for instance, are not available on any of the direct feeds used by the Exchange as these bands are calculated and disseminated by the SIP pursuant to the Plan to Address Extraordinary Market Volatility. Similarly, market-wide circuit breaker decline and status messages, Regulation SHO state messages, and trading state messages are available on some but not other direct feeds. Again, the SIP is responsible for calculating any decline in the S&P 500 Index and disseminating halt messages for the market-wide circuit breaker, and also for disseminating other halts, resumes, and Regulation SHO state messages. In addition, the Exchange's trading system consumes last sale information from the SIP, which is used for the limited purpose of determining when the Exchange can open securities after an IPO.\6\ Although last sale information is disseminated on proprietary market data feeds, this information is typically included in a different market data product than the Exchange uses for quotation data, and the Exchange's trading system therefore also consumes last sale information from the SIP for the limited purpose described above. --------------------------------------------------------------------------- \5\ The Exchange notes that the rule language currently provides that the Exchange ``utilizes'' these feeds. As a non-substantive change, the Exchange is changing this word to ``consumes'' as this word fits better with language being added to the rule. \6\ The Exchange waits for a last sale from the listing market prior to starting the Exchange's opening process following an IPO on another market. --------------------------------------------------------------------------- Finally, the Exchange proposes to make additional technical amendments to Rule 4759. Specifically, several of the exchanges and direct market data feeds described in the rule have been renamed since the Exchange adopted the rule. The Exchange therefore propose to: (1) Rename the exchanges described in the rule so that the exchanges are identified by their new names,\7\ and (2) replace the names of the individual direct feeds with a generic notation that the ``Direct Feed'' is used to avoid the need for future updates every time an exchange changes the name of its proprietary market data offerings. These changes are technical amendments and will have no impact on the operation of the Exchange or its use of the identified market data feeds. --------------------------------------------------------------------------- \7\ The new names of each of the exchanges described in Rule 4759 are used earlier in this filing. See notes 4-5 supra and accompanying text. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act,\8\ in general, and furthers the objectives of Section 6(b)(5) of the Act,\9\ in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78f(b). \9\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that the proposed rule change removes impediments to and perfects the mechanism of a free and open market and protects investors and the public interest because it provides additional transparency around the purposes for which the Exchange uses SIP data. The proposed rule change does not change the operation of the Exchange or its use of data feeds; rather it clarifies the Exchange's rules with regard to information consumed from the SIP. Specifically, the proposed rule change indicates that the Exchange uses SIP data for certain administrative messages, including, limit-up limit-down price bands, market-wide circuit breaker decline and status messages, Regulation SHO state messages, and trading state messages (i.e., halts and resumes), as well as trade messages (i.e., last sale). At least one other exchange uses SIP data for these purposes, while continuing to use the direct feeds for quotation data where the direct feeds often offer reduced latency.\10\ --------------------------------------------------------------------------- \10\ See IEX Rule 11.410(a)(3). --------------------------------------------------------------------------- The Exchange believes that it is appropriate to use SIP data as the primary source for administrative [[Page 58044]] messages that originate from the SIP and may or may not be available on particular proprietary market data feeds. Although quote data used for the handling, routing, and execution of orders is typically available with a lower latency over the direct feeds, the same is not true for the administrative messages described above that originate from the SIP and are re-disseminated (or not disseminated at all) by the various direct feeds. The Exchange therefore believes that it is consistent with the public interest and protection of investors to get this information directly from the SIP, i.e., the official source of the information, rather than indirectly from proprietary market data feeds that may or may not redistribute such information. Furthermore, with respect to last sale information, such information is used by the trading system for the limited purposes described in this filing, and is not typically available on the direct feeds that the Exchange uses for quotation data. The Exchange therefore also believes that it is appropriate to get last sale information from the SIP. Where the information described in this filing is available on a direct feed, however, direct feed data will be used in the event failover is necessary, thereby adding redundancy and mitigating risks associated with a potential SIP outage. The proposed rule change also makes certain technical amendments to Rule 4759, including updating the names of exchanges that have been renamed since the adoption of this rule. The Exchange believes that it is consistent with the public interest and the protection of investors to update the names of the exchanges listed in Rule 4759 as this change will make it easier for market participants to identify the exchanges for which the Exchange uses the direct feed and/or SIP for the purposes described in the rule. Furthermore, the proposed rule change replaces the names of the direct feeds with a generic notation that the ``Direct Feed'' is used. The Exchange believes that this change is consistent with the protection of investors and the public interest as the exchanges may change the names of their data feeds periodically, resulting in the list being out of date. Rather than update the list every time a market changes the names of their [sic] proprietary market data products, the Exchange believes that it is preferable to simply explain that the direct feed is used. Several other exchanges also similarly note that the direct feed is used rather than spelling out the names of each feed.\11\ --------------------------------------------------------------------------- \11\ See e.g. IEX Rule 11.410(a); CBOE BZX Rule 11.26. --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change is not designed to address any competitive issue but rather would provide members and other market participants with information about the purposes for which the Exchange uses SIP data, and make other technical corrections to Rule 4759. No changes to the Exchange's trading or other systems are being introduced with the proposed rule change, and the Exchange believes that the proposed changes will increase transparency around the operation of the Exchange and its use of market data feeds without any significant impact on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A)(iii) of the Act \12\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\13\ --------------------------------------------------------------------------- \12\ 15 U.S.C. 78s(b)(3)(A)(iii). \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. --------------------------------------------------------------------------- A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the Act \14\ normally does not become operative for 30 days after the date of its filing. However, Rule 19b-4(f)(6)(iii) \15\ permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative upon filing. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest as it will allow the Exchange to clarify the purposes for which the Exchange uses SIP data and avoid potential confusion among market participants. Accordingly, the Commission hereby waives the operative delay and designates the proposal operative upon filing.\16\ --------------------------------------------------------------------------- \14\ 17 CFR 240.19b-4(f)(6). \15\ 17 CFR 240.19b-4(f)(6)(iii). \16\ For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is: (i) Necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse 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-BX-2017-052 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-BX-2017-052. 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 [[Page 58045]] Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BX-2017-052 and should be submitted on or before December 29, 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. 2017-26448 Filed 12-7-17; 8:45 am] BILLING CODE 8011-01-P
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in order to provide transparency that the change should be approved or For the Commission, by the Division of
only cure under Exchange rules is for disapproved. Trading and Markets, pursuant to delegated
the company to file the periodic authority.33
IV. Solicitation of Comments Eduardo A. Aleman,
financial report or hold its annual
meeting. Interested persons are invited to Assistant Secretary.
Finally, the Exchange believes that it submit written data, views, and [FR Doc. 2017–26447 Filed 12–7–17; 8:45 am]
is consistent with the protection of arguments concerning the foregoing, BILLING CODE 8011–01–P
investors and the public interest to including whether the proposed rule
correct the three nonsubstantive change is consistent with the Act.
typographical errors in Rules 14.502(b) Comments may be submitted by any of SECURITIES AND EXCHANGE
and 14.504 to avoid any confusion the following methods: COMMISSION
among potential listed companies.
Electronic Comments
[Release No. 34–82210; File No. SR–BX–
B. Self-Regulatory Organization’s • Use the Commission’s Internet 2017–052]
Statement on Burden on Competition comment form (http://www.sec.gov/
IEX does not believe that the rules/sro.shtml); or Self-Regulatory Organizations; Nasdaq
proposed rule change will result in any • Send an email to rule-comments@ BX, Inc.; Notice of Filing and
burden on competition that is not sec.gov. Please include File Number SR– Immediate Effectiveness of Proposed
necessary or appropriate in furtherance IEX–2017–41 on the subject line. Rule Change To Amend Rule 4759
of the purposes of the Act. The
Paper Comments December 4, 2017.
proposed rule change is designed to
Pursuant to Section 19(b)(1) of the
promote consistent and fair regulation, • Send paper comments in triplicate
rather than for any competitive purpose. Securities Exchange Act of 1934
to Brent J. Fields, Secretary, Securities
Moreover, as a new listing exchange, (‘‘Act’’),1 and Rule 19b–4 thereunder,2
and Exchange Commission, 100 F Street
IEX has extremely limited ability to notice is hereby given that on November
NE., Washington, DC 20549–1090.
impose any burden on competition. 28, 2017, Nasdaq BX, Inc. (‘‘BX’’ or
All submissions should refer to File ‘‘Exchange’’) filed with the Securities
C. Self-Regulatory Organization’s Number SR–IEX–2017–41. This file and Exchange Commission (‘‘SEC’’ or
Statement on Comments on the number should be included on the ‘‘Commission’’) the proposed rule
Proposed Rule Change Received From subject line if email is used. To help the change as described in Items I and II
Members, Participants, or Others Commission process and review your below, which Items have been prepared
comments more efficiently, please use by the Exchange. The Commission is
Written comments were neither
only one method. The Commission will publishing this notice to solicit
solicited nor received.
post all comments on the Commission’s comments on the proposed rule change
III. Date of Effectiveness of the Internet Web site (http://www.sec.gov/ from interested persons.
Proposed Rule Change and Timing for rules/sro.shtml). Copies of the
Commission Action submission, all subsequent I. Self-Regulatory Organization’s
amendments, all written statements Statement of the Terms of Substance of
The Exchange has designated this rule the Proposed Rule Change
filing as non-controversial under with respect to the proposed rule
Section 19(b)(3)(A) 30 of the Act and change that are filed with the The Exchange proposes to add
Rule 19b–4(f)(6) 31 thereunder. Because Commission, and all written additional detail about the purposes for
the proposed rule change does not: (i) communications relating to the which the Exchange uses securities
Significantly affect the protection of proposed rule change between the information processor data pursuant to
investors or the public interest; (ii) Commission and any person, other than Rule 4759, and to make other technical
impose any significant burden on those that may be withheld from the corrections to that rule.
competition; and (iii) become operative public in accordance with the The text of the proposed rule change
for 30 days from the date on which it provisions of 5 U.S.C. 552, will be is available on the Exchange’s Web site
was filed, or such shorter time as the available for Web site viewing and at http://nasdaqbx.cchwallstreet.com/,
Commission may designate, it has printing in the Commission’s Public at the principal office of the Exchange,
become effective pursuant to Section Reference Room, 100 F Street NE., and at the Commission’s Public
19(b)(3)(A) of the Act and Rule 19b– Washington, DC 20549, on official Reference Room.
4(f)(6) thereunder. business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the II. Self-Regulatory Organization’s
At any time within 60 days of the Statement of the Purpose of, and
filing of the proposed rule change, the filing also will be available for
inspection and copying at the principal Statutory Basis for, the Proposed Rule
Commission summarily may Change
temporarily suspend such rule change if office of the Exchange. All comments
it appears to the Commission that such received will be posted without change. In its filing with the Commission, the
action is necessary or appropriate in the Persons submitting comments are Exchange included statements
public interest, for the protection of cautioned that we do not redact or edit concerning the purpose of and basis for
investors, or otherwise in furtherance of personal identifying information from the proposed rule change and discussed
the purposes of the Act. If the comment submissions. You should any comments it received on the
submit only information that you wish proposed rule change. The text of these
sradovich on DSK3GMQ082PROD with NOTICES
Commission takes such action, the
Commission shall institute proceedings to make available publicly. All statements may be examined at the
under Section 19(b)(2)(B) 32 of the Act to submissions should refer to File places specified in Item IV below. The
determine whether the proposed rule Number SR–IEX–2017–41 and should Exchange has prepared summaries, set
be submitted on or before December 29, forth in sections A, B, and C below, of
30 15 U.S.C. 78s(b)(3)(A). 2017.
31 17 CFR 240.19b–4(f)(6). 1 15 U.S.C. 78s(b)(1).
32 15 U.S.C. 78s(b)(2)(B). 33 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.
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messages that originate from the SIP and used rather than spelling out the names the Commission to waive the 30-day
may or may not be available on of each feed.11 operative delay so that the proposal may
particular proprietary market data feeds. become operative upon filing. The
B. Self-Regulatory Organization’s
Although quote data used for the Commission believes that waiving the
Statement on Burden on Competition
handling, routing, and execution of 30-day operative delay is consistent
orders is typically available with a The Exchange does not believe that with the protection of investors and the
the proposed rule change will impose public interest as it will allow the
lower latency over the direct feeds, the
any burden on competition that is not Exchange to clarify the purposes for
same is not true for the administrative
necessary or appropriate in furtherance which the Exchange uses SIP data and
messages described above that originate of the purposes of the Act. The avoid potential confusion among market
from the SIP and are re-disseminated (or proposed rule change is not designed to participants. Accordingly, the
not disseminated at all) by the various address any competitive issue but rather Commission hereby waives the
direct feeds. The Exchange therefore would provide members and other operative delay and designates the
believes that it is consistent with the market participants with information proposal operative upon filing.16
public interest and protection of about the purposes for which the At any time within 60 days of the
investors to get this information directly Exchange uses SIP data, and make other filing of the proposed rule change, the
from the SIP, i.e., the official source of technical corrections to Rule 4759. No Commission summarily may
the information, rather than indirectly changes to the Exchange’s trading or temporarily suspend such rule change if
from proprietary market data feeds that other systems are being introduced with it appears to the Commission that such
may or may not redistribute such the proposed rule change, and the action is: (i) Necessary or appropriate in
information. Furthermore, with respect Exchange believes that the proposed the public interest; (ii) for the protection
to last sale information, such changes will increase transparency of investors; or (iii) otherwise in
information is used by the trading around the operation of the Exchange furtherance of the purposes of the Act.
system for the limited purposes and its use of market data feeds without If the Commission takes such action, the
described in this filing, and is not any significant impact on competition. Commission shall institute proceedings
typically available on the direct feeds to determine whether the proposed rule
C. Self-Regulatory Organization’s
that the Exchange uses for quotation should be approved or disapproved.
Statement on Comments on the
data. The Exchange therefore also Proposed Rule Change Received From IV. Solicitation of Comments
believes that it is appropriate to get last Members, Participants, or Others Interested persons are invited to
sale information from the SIP. Where No written comments were either submit written data, views, and
the information described in this filing solicited or received. arguments concerning the foregoing,
is available on a direct feed, however, including whether the proposed rule
direct feed data will be used in the III. Date of Effectiveness of the change is consistent with the Act.
event failover is necessary, thereby Proposed Rule Change and Timing for Comments may be submitted by any of
adding redundancy and mitigating risks Commission Action the following methods:
associated with a potential SIP outage. Because the foregoing proposed rule
change does not: (i) Significantly affect Electronic Comments
The proposed rule change also makes
the protection of investors or the public • Use the Commission’s Internet
certain technical amendments to Rule
interest; (ii) impose any significant comment form (http://www.sec.gov/
4759, including updating the names of rules/sro.shtml); or
burden on competition; and (iii) become
exchanges that have been renamed since • Send an email to rule-comments@
operative for 30 days from the date on
the adoption of this rule. The Exchange sec.gov. Please include File Number SR–
which it was filed, or such shorter time
believes that it is consistent with the as the Commission may designate, it has BX–2017–052 on the subject line.
public interest and the protection of become effective pursuant to Section
investors to update the names of the Paper Comments
19(b)(3)(A)(iii) of the Act 12 and
exchanges listed in Rule 4759 as this subparagraph (f)(6) of Rule 19b–4 • Send paper comments in triplicate
change will make it easier for market thereunder.13 to Secretary, Securities and Exchange
participants to identify the exchanges A proposed rule change filed Commission, 100 F Street NE.,
for which the Exchange uses the direct pursuant to Rule 19b–4(f)(6) under the Washington, DC 20549–1090.
feed and/or SIP for the purposes Act 14 normally does not become All submissions should refer to File
described in the rule. Furthermore, the operative for 30 days after the date of its Number SR–BX–2017–052. This file
proposed rule change replaces the filing. However, Rule 19b–4(f)(6)(iii) 15 number should be included on the
names of the direct feeds with a generic permits the Commission to designate a subject line if email is used. To help the
notation that the ‘‘Direct Feed’’ is used. shorter time if such action is consistent Commission process and review your
The Exchange believes that this change with the protection of investors and the comments more efficiently, please use
is consistent with the protection of public interest. The Exchange has asked only one method. The Commission will
investors and the public interest as the post all comments on the Commission’s
11 See e.g. IEX Rule 11.410(a); CBOE BZX Rule Internet Web site (http://www.sec.gov/
exchanges may change the names of
11.26. rules/sro.shtml). Copies of the
their data feeds periodically, resulting 12 15 U.S.C. 78s(b)(3)(A)(iii).
submission, all subsequent
in the list being out of date. Rather than 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
amendments, all written statements
sradovich on DSK3GMQ082PROD with NOTICES
update the list every time a market 4(f)(6) requires a self-regulatory organization to give
with respect to the proposed rule
changes the names of their [sic] the Commission written notice of its intent to file
the proposed rule change at least five business days change that are filed with the
proprietary market data products, the prior to the date of filing of the proposed rule
Exchange believes that it is preferable to change, or such shorter time as designated by the 16 For purposes only of waiving the 30-day
simply explain that the direct feed is Commission. The Exchange has satisfied this operative delay, the Commission has also
requirement. considered the proposed rule’s impact on
used. Several other exchanges also 14 17 CFR 240.19b–4(f)(6).
efficiency, competition, and capital formation. See
similarly note that the direct feed is 15 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f).
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Commission, and all written pending with the Surface BNSF has filed a combined
communications relating to the Transportation Board (Board) or with environmental and historic report that
proposed rule change between the any U.S. District Court or has been addresses the effects, if any, of the
Commission and any person, other than decided in favor of a complainant abandonment on the environment and
those that may be withheld from the within the two-year period; and (3) the historic resources. OEA will issue an
public in accordance with the requirements at 49 CFR 1105.11 environmental assessment (EA) by
provisions of 5 U.S.C. 552, will be (transmittal letter), 49 CFR 1105.12 December 15, 2017. Interested persons
available for Web site viewing and (newspaper publication), and 49 CFR may obtain a copy of the EA by writing
printing in the Commission’s Public 1152.50(d)(1) (notice to governmental to OEA (Room 1100, Surface
Reference Room, 100 F Street NE., agencies) have been met.2 Transportation Board, Washington, DC
Washington, DC 20549, on official As a condition to this exemption, any 20423–0001) or by calling OEA at (202)
business days between the hours of employee adversely affected by the 245–0305. Assistance for the hearing
10:00 a.m. and 3:00 p.m. Copies of the abandonment shall be protected under impaired is available through the
filing also will be available for Oregon Short Line Railroad— Federal Information Relay Service at
inspection and copying at the principal Abandonment Portion Goshen Branch (800) 877–8339. Comments on
office of the Exchange. All comments Between Firth & Ammon, in Bingham & environmental and historic preservation
received will be posted without change. Bonneville Counties, Idaho, 360 I.C.C. matters must be filed within 15 days
Persons submitting comments are 91 (1979). To address whether this after the EA becomes available to the
cautioned that we do not redact or edit condition adequately protects affected public.
personal identifying information from employees, a petition for partial Environmental, historic preservation,
comment submissions. You should revocation under 49 U.S.C. 10502(d) public use, or trail use/rail banking
submit only information that you wish must be filed. conditions will be imposed, where
to make available publicly. All Provided no formal expression of appropriate, in a subsequent decision.
submissions should refer to File intent to file an offer of financial Pursuant to the provisions of 49 CFR
Number SR–BX–2017–052 and should assistance (OFA) has been received, this 1152.29(e)(2), BNSF shall file a notice of
be submitted on or before December 29, exemption will be effective on January consummation with the Board to signify
2017. 9, 2018, unless stayed pending that it has exercised the authority
For the Commission, by the Division of reconsideration. Petitions to stay that do granted and fully abandoned the Line.
Trading and Markets, pursuant to delegated not involve environmental issues,3 If consummation has not been
authority.17 formal expressions of intent to file an effected by BNSF’s filing of a notice of
Eduardo A. Aleman, OFA under 49 CFR 1152.27(c)(2),4 and consummation by December 7, 2018,
Assistant Secretary. interim trail use/rail banking requests and there are no legal or regulatory
under 49 CFR 1152.29 must be filed by barriers to consummation, the authority
[FR Doc. 2017–26448 Filed 12–7–17; 8:45 am]
December 18, 2017. Petitions to reopen to abandon will automatically expire.
BILLING CODE 8011–01–P
or requests for public use conditions Board decisions and notices are
under 49 CFR 1152.28 must be filed by available on our Web site at
December 28, 2017, with the Surface WWW.STB.GOV.
SURFACE TRANSPORTATION BOARD Transportation Board, 395 E Street SW., Decided: December 5, 2017.
[Docket No. AB 6 (Sub-No. 497X)] Washington, DC 20423–0001.5 By the Board, Scott M. Zimmerman, Acting
A copy of any petition filed with the Director, Office of Proceedings.
BNSF Railway Company— Board should be sent to Karl Morell, Jeffrey Herzig,
Abandonment Exemption—in Benton Karl Morell & Associates, 440 1st Street Clearance Clerk.
County, Minn. NW., Suite 440, Washington, DC 20001.
[FR Doc. 2017–26515 Filed 12–7–17; 8:45 am]
If the verified notice contains false or
BNSF Railway Company (BNSF) has misleading information, the exemption BILLING CODE 4915–01–P
filed a verified notice of exemption is void ab initio.
under 49 CFR pt. 1152 subpart F–
Exempt Abandonments to abandon a 2 BNSF’s December 4 correction indicates that the DEPARTMENT OF TRANSPORTATION
1.75-mile line of railroad located St. Cloud Times, where notice of the proposed
between milepost 0.0 and milepost 1.75 abandonment was published, is a newspaper of Pipeline and Hazardous Materials
in Benton County, Minn. (the Line).1 general circulation in Benton County. BNSF also Safety Administration
states that it will serve a copy of the Environmental
The Line traverses United States Postal Report on the Administrator for Benton County, [Docket No. PHMSA–2017–0129]
Zip Code 56379. Minn.
BNSF has certified that: (1) No local 3 The Board will grant a stay if an informed
Pipeline Safety: Underground Natural
or overhead freight rail traffic has decision on environmental issues (whether raised Gas Storage Facility User Fee
by a party or by the Board’s Office of Environmental
traveled over the Line since July 2015; Analysis (OEA) in its independent investigation)
(2) no formal complaint filed by a user AGENCY: Pipeline and Hazardous
cannot be made before the exemption’s effective
of a rail service on the Line (or by a state date. See Exemption of Out-of-Serv. Rail Lines, 5 Materials Safety Administration
or local government entity acting on I.C.C.2d 377 (1989). Any request for a stay should (PHMSA), Department of Transportation
behalf of such user) regarding cessation be filed as soon as possible so that the Board may (DOT).
take appropriate action before the exemption’s
of service over the Line is either effective date. ACTION: Notice of agency action and
sradovich on DSK3GMQ082PROD with NOTICES
4 Each OFA must be accompanied by the filing request for comment.
17 17 CFR 200.30–3(a)(12). fee, which is currently set at $1,800. See
1 As originally filed, the verified notice indicated Regulations Governing Fees for Servs. Performed in SUMMARY: On August 16, 2017, the
that the Line is in Stearns County, Minn. On Connection with Licensing & Related Servs.—2017 Office of Management and Budget
December 4, 2017, BNSF filed a correction Update, EP 542 (Sub-No. 25), slip op. App. C at 20 approved the collection of calendar year
(including an updated map) indicating that the Line (STB served July 28, 2017).
is located in Benton County, Minn., a short distance 5 BNSF states that the Line may be suitable for (CY) 2017 Underground Natural Gas
north and east of Stearns County. According to other public purposes and that there are 18.60 acres Storage (UNGS) Facility Annual
BNSF, its notice is correct in all other respects. on the Line of which 0.02 acres are reversionary. Reports. This notice includes a PHMSA
VerDate Sep<11>2014 20:38 Dec 07, 2017 Jkt 244001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\08DEN1.SGM 08DEN1](https://thefederalregister.org/doc/82_FR_58277/page/4.svg)
Document Created: 2017-12-08 01:43:48
Document Modified: 2017-12-08 01:43:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 82 FR 58042 |
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