82_FR_8494 82 FR 8479 - Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the Examination Requirement for CHX Market Maker Authorized Traders

82 FR 8479 - Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the Examination Requirement for CHX Market Maker Authorized Traders

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 15 (January 25, 2017)

Page Range8479-8481
FR Document2017-01607

Federal Register, Volume 82 Issue 15 (Wednesday, January 25, 2017)
[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Pages 8479-8481]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01607]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79822; File No. SR-CHX-2017-01]


Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Modify the Examination Requirement for CHX Market Maker Authorized 
Traders

January 18, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given 
that on January 6, 2017 the Chicago Stock Exchange, Inc. (``CHX'' or 
the ``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    CHX proposes to amend the Rules of the Exchange (``CHX Rules'') to 
modify the examination requirement for CHX Market Maker Authorized 
Traders (``MMATs''). The text of this proposed rule change is available 
on the Exchange's Web site at (www.chx.com) and in 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 CHX included statements 
concerning the purpose of and basis for the proposed rule changes [sic] 
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 CHX has prepared summaries, set forth in sections A, 
B and C below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to amend CHX Rules to modify the examination 
requirement for CHX Market Maker Authorized Traders (``MMATs''). 
Specifically, the Exchange proposes to eliminate the requirement that 
prospective MMATs successfully complete the CHX Market Maker Authorized 
Trader Exam, which is an examination currently maintained and 
administered by the Exchange for prospective MMATs. In lieu of the CHX 
Market Maker Authorized Trader Exam, the Exchange proposes to require 
prospective MMATs to successfully complete the Series 57 Securities 
Trader Examination \3\ and any other training and/or certification 
programs as may be required the Exchange.
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    \3\ A Representative (as defined under CHX Article 6, Rule 2(b)) 
that is engaged in securities trading activities, on either an 
agency or principal basis, for the Participant (as defined under CHX 
Article 1, Rule 1(s)) with which the Representative is associated, 
must register with the Exchange as a Securities Trader and pass the 
Series 57 Securities Trader Examination. See CHX Article 6, Rule 
3(a)(1).
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    The Exchange notes that the proposed rule change would harmonize 
the Exchange's MMAT examination requirement with the MMAT examination 
requirements of other national securities exchanges that require 
prospective MMATs (or equivalents) to successfully complete the Series 
57 Securities Trader Examination.\4\
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    \4\ See, e.g., NYSE Arca Equities Rule 7.21(b)(2). Other markets 
do not explicitly recognize an MMAT registration category but 
require any person engaged in the purchase or sale of securities or 
other similar instruments for the account of a member organization, 
which would include market maker traders, to be registered as a 
Securities Trader and pass the Series 57 Securities Trader 
Examination. See e.g., paragraph .10 of the Supplementary Material 
under NYSE Rule 345; see also, e.g., NASDAQ PHLX Rule 613(f)(2).
---------------------------------------------------------------------------

Background
    Current Article 16, Rule 3(b) provides the registration 
requirements for MMATs. Thereunder, current paragraph (b)(2) provides 
that to be eligible for registration as an MMAT, a person must be 
registered with the Exchange as provided in Article 6 and complete any 
other training and/or certification programs as may be required. 
Moreover, current paragraph .01(b) of the Interpretations and Policies 
of Article 6, Rule 3 provides that prior to the Exchange approving a 
Participant's request to register an individual as an MMAT, such 
individual must successfully complete the Market Maker Authorized 
Trader Exam.
    In order to further streamline and bring consistency to the 
qualification and registration requirements for MMATs (or equivalents) 
across different markets, the Exchange now proposes to eliminate the 
Market Maker Authorized Trader Exam and instead require prospective 
MMATs to successfully complete the Series 57 Securities Trader 
Examination in order to satisfy the Exchange's MMAT examination 
requirement. To this end, the Exchange proposes to delete current 
paragraph .01(b) of the Interpretations and Policies of Article 6, Rule 
3 in its entirety and amend current Article 16, Rule 3(b)(2) to provide 
as follows:

    To be eligible for registration as a MMAT, a person must 
successfully complete the Series 57 Securities Trader Examination 
and any other training and/or certification programs as may be 
required by the Exchange.

The Exchange does not propose to amend or modify any other requirements 
related to MMATs or Market Makers in general.

[[Page 8480]]

2. Statutory Basis
    The Exchange believes that proposed rule change is consistent with 
Section 6(b) of the Act \5\ in general and Section 6(b)(5) of the Act 
\6\ in particular, which requires, among other things, that the 
Exchange's rules be designed to prevent fraudulent and manipulative 
acts and practices, to promote just and equitable principles of trade, 
to foster cooperation and coordination with persons engaged in 
facilitating transactions in securities, and to remove impediments to 
and perfect the mechanism of a free and open market and a national 
market system, and, in general, protect investors and the public 
interest.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes that the proposed rule change 
will remove impediments to and perfect the mechanism of a free and open 
market and a national market system by promoting consistency and 
uniformity among different markets \7\ regarding the qualification and 
registration requirements for individuals engaged in market making 
activities. For those individuals that are engaged in market making 
activities across different markets, the proposed rule change will 
result in efficiencies with respect to such individuals' registration 
and compliance efforts.
---------------------------------------------------------------------------

    \7\ See supra note 4.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement of 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 Exchange believes that 
the proposed rule change will reduce the regulatory burden placed on 
market participants engaged in market making activities across 
different markets. The Exchange believes that the harmonization of the 
MMAT examination requirements across the various markets will reduce 
burdens on competition by removing impediments to participation in the 
national market system.

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

    No written comments were either solicited or received.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6)(iii) thereunder.\9\ 
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 \10\ and subparagraph (f)(6) of 
Rule 19b-4 thereunder.\11\
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 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. 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. In this filing, the 
Exchange has asked that the Commission waive the requirement that the 
proposed rule change not become operative for 30 days after the date of 
the filing so that it may become operative on January 9, 2017.
---------------------------------------------------------------------------

    \12\ Id.
    \13\ Id.
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    The Exchange notes that the proposal meets the required 
qualifications for effectiveness on filing under Section 19(b)(3)(A) of 
the Act \14\ and paragraph (f)(6) of Rule 19b-4 thereunder.\15\ As 
such, the Exchange has designated this rule filing as non-controversial 
under Section 19(b)(3)(A) of the Act \16\ and paragraph (f)(6) of Rule 
19b-4 thereunder.\17\ Specifically, the Exchange notes that the waiver 
is appropriate as it would be unduly burdensome to prospective MMATs, 
especially those who have already passed the Series 57 Securities 
Trader Examination, to require them to take the CHX Market Maker 
Authorized Trader Exam weeks or days before the proposed rule change is 
to become operative. Moreover, based on the same reasons, waiver of the 
30-day operative delay is consistent with the protection of investors 
and the public interest.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4.
    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
while not imposing any significant burden on competition because it 
will make the Chx's qualification and registration requirements for 
MMATs consistent with the qualification requirements of the other 
markets. Therefore, the Commission hereby waives the 30-day operative 
delay and designates the proposed rule change to be operative on 
January 9, 2017.\18\
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    \18\ 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 necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) of the Act 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 proposal is 
consistent with the Act. Comments may be submitted by any of the 
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-CHX-2017-01 on the subject line.

Paper Comments

     Send paper comments in triplicate to Robert W. Errett, 
Deputy Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File No. SR-CHX-2017-01. 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 8481]]

Commission, and all written communications relating to the proposed 
rule changes 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 CHX. All comments received 
will be posted without change; the Commission does not edit personal 
identifying information from submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File No. SR-CHX-2017-01 and should be submitted on or 
before February 15, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-01607 Filed 1-24-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices                                                           8479

                                                  comments more efficiently, please use                   Items I and II below, which Items have                    and/or certification programs as may be
                                                  only one method. The Commission will                    been prepared by the Exchange. The                        required the Exchange.
                                                  post all comments on the Commission’s                   Commission is publishing this notice to                     The Exchange notes that the proposed
                                                  Internet Web site (http://www.sec.gov/                  solicit comments on the proposed rule                     rule change would harmonize the
                                                  rules/sro.shtml). Copies of the                         change from interested persons.                           Exchange’s MMAT examination
                                                  submission, all subsequent                                                                                        requirement with the MMAT
                                                  amendments, all written statements                      I. Self-Regulatory Organization’s                         examination requirements of other
                                                  with respect to the proposed rule                       Statement of the Terms of Substance of                    national securities exchanges that
                                                  change that are filed with the                          the Proposed Rule Change                                  require prospective MMATs (or
                                                  Commission, and all written                                CHX proposes to amend the Rules of                     equivalents) to successfully complete
                                                  communications relating to the                                                                                    the Series 57 Securities Trader
                                                                                                          the Exchange (‘‘CHX Rules’’) to modify
                                                  proposed rule change between the                                                                                  Examination.4
                                                                                                          the examination requirement for CHX
                                                  Commission and any person, other than
                                                                                                          Market Maker Authorized Traders                           Background
                                                  those that may be withheld from the
                                                                                                          (‘‘MMATs’’). The text of this proposed
                                                  public in accordance with the                                                                                        Current Article 16, Rule 3(b) provides
                                                  provisions of 5 U.S.C. 552, will be                     rule change is available on the
                                                                                                                                                                    the registration requirements for
                                                  available for Web site viewing and                      Exchange’s Web site at (www.chx.com)
                                                                                                                                                                    MMATs. Thereunder, current paragraph
                                                  printing in the Commission’s Public                     and in the Commission’s Public
                                                                                                                                                                    (b)(2) provides that to be eligible for
                                                  Reference Room, 100 F Street NE.,                       Reference Room.
                                                                                                                                                                    registration as an MMAT, a person must
                                                  Washington, DC 20549, on official                       II. Self-Regulatory Organization’s                        be registered with the Exchange as
                                                  business days between the hours of                      Statement of the Purpose of, and                          provided in Article 6 and complete any
                                                  10:00 a.m. and 3:00 p.m. Copies of the                  Statutory Basis for, the Proposed Rule                    other training and/or certification
                                                  filing also will be available for                       Change                                                    programs as may be required. Moreover,
                                                  inspection and copying at the principal                                                                           current paragraph .01(b) of the
                                                  office of the Exchange. All comments                      In its filing with the Commission, the                  Interpretations and Policies of Article 6,
                                                  received will be posted without change;                 CHX included statements concerning                        Rule 3 provides that prior to the
                                                  the Commission does not edit personal                   the purpose of and basis for the                          Exchange approving a Participant’s
                                                  identifying information from                            proposed rule changes [sic] and                           request to register an individual as an
                                                  submissions. You should submit only                     discussed any comments it received on                     MMAT, such individual must
                                                  information that you wish to make                       the proposed rule change. The text of                     successfully complete the Market Maker
                                                  available publicly. All submissions                     these statements may be examined at                       Authorized Trader Exam.
                                                  should refer to File Number SR–CBOE–                    the places specified in Item IV below.                       In order to further streamline and
                                                  2017–003 and should be submitted on                     The CHX has prepared summaries, set                       bring consistency to the qualification
                                                  or before February 15, 2017.                            forth in sections A, B and C below, of                    and registration requirements for
                                                    For the Commission, by the Division of                the most significant aspects of such                      MMATs (or equivalents) across different
                                                  Trading and Markets, pursuant to delegated              statements.                                               markets, the Exchange now proposes to
                                                  authority.14                                                                                                      eliminate the Market Maker Authorized
                                                  Eduardo A. Aleman,                                      A. Self-Regulatory Organization’s
                                                                                                                                                                    Trader Exam and instead require
                                                                                                          Statement of the Purpose of, and
                                                  Assistant Secretary.                                                                                              prospective MMATs to successfully
                                                                                                          Statutory Basis for, the Proposed Rule
                                                  [FR Doc. 2017–01604 Filed 1–24–17; 8:45 am]                                                                       complete the Series 57 Securities Trader
                                                                                                          Changes
                                                  BILLING CODE 8011–01–P                                                                                            Examination in order to satisfy the
                                                                                                          1. Purpose                                                Exchange’s MMAT examination
                                                                                                                                                                    requirement. To this end, the Exchange
                                                  SECURITIES AND EXCHANGE                                    The Exchange proposes to amend                         proposes to delete current paragraph
                                                  COMMISSION                                              CHX Rules to modify the examination                       .01(b) of the Interpretations and Policies
                                                                                                          requirement for CHX Market Maker                          of Article 6, Rule 3 in its entirety and
                                                  [Release No. 34–79822; File No. SR–CHX–
                                                                                                          Authorized Traders (‘‘MMATs’’).                           amend current Article 16, Rule 3(b)(2) to
                                                  2017–01]
                                                                                                          Specifically, the Exchange proposes to                    provide as follows:
                                                  Self-Regulatory Organizations;                          eliminate the requirement that
                                                                                                                                                                      To be eligible for registration as a MMAT,
                                                  Chicago Stock Exchange, Inc.; Notice                    prospective MMATs successfully                            a person must successfully complete the
                                                  of Filing and Immediate Effectiveness                   complete the CHX Market Maker                             Series 57 Securities Trader Examination and
                                                  of Proposed Rule Change To Modify                       Authorized Trader Exam, which is an                       any other training and/or certification
                                                  the Examination Requirement for CHX                     examination currently maintained and                      programs as may be required by the
                                                  Market Maker Authorized Traders                         administered by the Exchange for                          Exchange.
                                                                                                          prospective MMATs. In lieu of the CHX                     The Exchange does not propose to
                                                  January 18, 2017.                                       Market Maker Authorized Trader Exam,
                                                     Pursuant to Section 19(b)(1) of the                                                                            amend or modify any other
                                                                                                          the Exchange proposes to require                          requirements related to MMATs or
                                                  Securities Exchange Act of 1934                         prospective MMATs to successfully
                                                  (‘‘Act’’) 1, and Rule 19b–4 2 thereunder,                                                                         Market Makers in general.
                                                                                                          complete the Series 57 Securities Trader
                                                  notice is hereby given that on January 6,               Examination 3 and any other training                        4 See, e.g., NYSE Arca Equities Rule 7.21(b)(2).
                                                  2017 the Chicago Stock Exchange, Inc.
                                                                                                                                                                    Other markets do not explicitly recognize an
mstockstill on DSK3G9T082PROD with NOTICES




                                                  (‘‘CHX’’ or the ‘‘Exchange’’) filed with                   3 A Representative (as defined under CHX Article       MMAT registration category but require any person
                                                  the Securities and Exchange                             6, Rule 2(b)) that is engaged in securities trading       engaged in the purchase or sale of securities or
                                                  Commission (‘‘Commission’’) the                         activities, on either an agency or principal basis, for   other similar instruments for the account of a
                                                  proposed rule change as described in                    the Participant (as defined under CHX Article 1,          member organization, which would include market
                                                                                                          Rule 1(s)) with which the Representative is               maker traders, to be registered as a Securities Trader
                                                                                                          associated, must register with the Exchange as a          and pass the Series 57 Securities Trader
                                                    14 17 CFR 200.30–3(a)(12).                            Securities Trader and pass the Series 57 Securities       Examination. See e.g., paragraph .10 of the
                                                    1 15 U.S.C. 78s(b)(1).                                Trader Examination. See CHX Article 6, Rule               Supplementary Material under NYSE Rule 345; see
                                                    2 17 CFR 240.19b–4.                                   3(a)(1).                                                  also, e.g., NASDAQ PHLX Rule 613(f)(2).



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                                                  8480                        Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices

                                                  2. Statutory Basis                                       19(b)(3)(A) of the Act 8 and Rule 19b–                   consistent with the protection of
                                                     The Exchange believes that proposed                   4(f)(6)(iii) thereunder.9 Because the                    investors and the public interest while
                                                  rule change is consistent with Section                   foregoing proposed rule change does                      not imposing any significant burden on
                                                  6(b) of the Act 5 in general and Section                 not: (i) Significantly affect the                        competition because it will make the
                                                  6(b)(5) of the Act 6 in particular, which                protection of investors or the public                    Chx’s qualification and registration
                                                  requires, among other things, that the                   interest; (ii) impose any significant                    requirements for MMATs consistent
                                                  Exchange’s rules be designed to prevent                  burden on competition; and (iii) become                  with the qualification requirements of
                                                  fraudulent and manipulative acts and                     operative for 30 days from the date on                   the other markets. Therefore, the
                                                  practices, to promote just and equitable                 which it was filed, or such shorter time                 Commission hereby waives the 30-day
                                                  principles of trade, to foster cooperation               as the Commission may designate, it has                  operative delay and designates the
                                                  and coordination with persons engaged                    become effective pursuant to Section                     proposed rule change to be operative on
                                                  in facilitating transactions in securities,              19(b)(3)(A)(iii) of the Act 10 and                       January 9, 2017.18
                                                  and to remove impediments to and                         subparagraph (f)(6) of Rule 19b–4                           At any time within 60 days of the
                                                  perfect the mechanism of a free and                      thereunder.11                                            filing of the proposed rule change, the
                                                  open market and a national market                           A proposed rule change filed under                    Commission summarily may
                                                  system, and, in general, protect                         Rule 19b–4(f)(6) 12 normally does not                    temporarily suspend such rule change if
                                                  investors and the public interest.                       become operative prior to 30 days after                  it appears to the Commission that such
                                                     In particular, the Exchange believes                  the date of the filing. However, pursuant                action is necessary or appropriate in the
                                                  that the proposed rule change will                       to Rule 19b–4(f)(6)(iii),13 the                          public interest, for the protection of
                                                  remove impediments to and perfect the                    Commission may designate a shorter                       investors, or otherwise in furtherance of
                                                  mechanism of a free and open market                      time if such action is consistent with the               the purposes of the Act. If the
                                                  and a national market system by                          protection of investors and the public                   Commission takes such action, the
                                                  promoting consistency and uniformity                     interest. In this filing, the Exchange has               Commission shall institute proceedings
                                                  among different markets 7 regarding the                  asked that the Commission waive the                      under Section 19(b)(2)(B) of the Act to
                                                  qualification and registration                           requirement that the proposed rule                       determine whether the proposed rule
                                                  requirements for individuals engaged in                  change not become operative for 30 days                  should be approved or disapproved.
                                                  market making activities. For those                      after the date of the filing so that it may              IV. Solicitation of Comments
                                                  individuals that are engaged in market                   become operative on January 9, 2017.
                                                                                                              The Exchange notes that the proposal                    Interested persons are invited to
                                                  making activities across different                                                                                submit written data, views and
                                                  markets, the proposed rule change will                   meets the required qualifications for
                                                                                                           effectiveness on filing under Section                    arguments concerning the foregoing,
                                                  result in efficiencies with respect to                                                                            including whether the proposal is
                                                  such individuals’ registration and                       19(b)(3)(A) of the Act 14 and paragraph
                                                                                                           (f)(6) of Rule 19b–4 thereunder.15 As                    consistent with the Act. Comments may
                                                  compliance efforts.                                                                                               be submitted by any of the following
                                                                                                           such, the Exchange has designated this
                                                  B. Self-Regulatory Organization’s                        rule filing as non-controversial under                   methods:
                                                  Statement of Burden on Competition                       Section 19(b)(3)(A) of the Act 16 and                    Electronic Comments
                                                    The Exchange does not believe that                     paragraph (f)(6) of Rule 19b–4
                                                                                                           thereunder.17 Specifically, the Exchange                   • Use the Commission’s Internet
                                                  the proposed rule change will impose                                                                              comment form (http://www.sec.gov/
                                                  any burden on competition that is not                    notes that the waiver is appropriate as
                                                                                                           it would be unduly burdensome to                         rules/sro.shtml); or
                                                  necessary or appropriate in furtherance                                                                             • Send an email to rule-comments@
                                                  of the purposes of the Act. The                          prospective MMATs, especially those
                                                                                                                                                                    sec.gov. Please include File No. SR–
                                                  Exchange believes that the proposed                      who have already passed the Series 57
                                                                                                                                                                    CHX–2017–01 on the subject line.
                                                  rule change will reduce the regulatory                   Securities Trader Examination, to
                                                  burden placed on market participants                     require them to take the CHX Market                      Paper Comments
                                                  engaged in market making activities                      Maker Authorized Trader Exam weeks                          • Send paper comments in triplicate
                                                  across different markets. The Exchange                   or days before the proposed rule change                  to Robert W. Errett, Deputy Secretary,
                                                  believes that the harmonization of the                   is to become operative. Moreover, based                  Securities and Exchange Commission,
                                                  MMAT examination requirements                            on the same reasons, waiver of the 30-                   100 F Street NE., Washington, DC
                                                  across the various markets will reduce                   day operative delay is consistent with                   20549–1090.
                                                  burdens on competition by removing                       the protection of investors and the                      All submissions should refer to File No.
                                                  impediments to participation in the                      public interest.                                         SR–CHX–2017–01. This file number
                                                  national market system.                                     The Commission believes that
                                                                                                                                                                    should be included on the subject line
                                                                                                           waiving the 30-day operative delay is
                                                  C. Self-Regulatory Organization’s                                                                                 if email is used. To help the
                                                  Statement on Comments Regarding the                        8 15  U.S.C. 78s(b)(3)(A)(iii).
                                                                                                                                                                    Commission process and review your
                                                  Proposed Rule Changes Received From                        9 17  CFR 240.19b–4(f)(6).                             comments more efficiently, please use
                                                  Members, Participants or Others                            10 15 U.S.C. 78s(b)(3)(A)(iii).                        only one method. The Commission will
                                                                                                             11 In addition, Rule 19b–4(f)(6) requires a self-      post all comments on the Commission’s
                                                    No written comments were either                        regulatory organization to give the Commission           Internet Web site (http://www.sec.gov/
                                                  solicited or received.                                   written notice of its intent to file the proposed rule   rules/sro.shtml). Copies of the
                                                                                                           change at least five business days prior to the date
                                                  III. Date of Effectiveness of the                        of filing of the proposed rule change, or such           submission, all subsequent
                                                  Proposed Rule Changes and Timing for                                                                              amendments, all written statements
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                                                                                                           shorter time as designated by the Commission. The
                                                  Commission Action                                        Exchange has satisfied this requirement. 17 CFR          with respect to the proposed rule
                                                                                                           240.19b–4(f)(6).                                         change that are filed with the
                                                     The Exchange has filed the proposed                     12 Id.

                                                  rule change pursuant to Section                            13 Id.
                                                                                                                                                                       18 For purposes only of waiving the 30-day
                                                                                                             14 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                                    operative delay, the Commission has also
                                                    5 15 U.S.C. 78f(b).                                      15 17 CFR 240.19b–4.
                                                                                                                                                                    considered the proposed rule’s impact on
                                                    6 15 U.S.C. 78f(b)(5).                                   16 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                                    efficiency, competition, and capital formation. See
                                                    7 See supra note 4.                                      17 17 CFR 240.19b–4.                                   15 U.S.C. 78c(f).



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                                                                             Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices                                                       8481

                                                  Commission, and all written                             pursuant to Section 19(b)(3)(A)(ii) of the             through the Solicitation Auction
                                                  communications relating to the                          Act,3 and Rule 19b–4(f)(2) thereunder,4                mechanism 6 and the Exchange is
                                                  proposed rule changes between the                       which renders the proposal effective                   submitting this filing to clarify the fees
                                                  Commission and any person, other than                   upon filing with the Commission. The                   that are applicable to these transactions.
                                                  those that may be withheld from the                     Commission is publishing this notice to                   Generally, Complex Order
                                                  public in accordance with the                           solicit comments on the proposed rule                  transactions are subject to the fees and
                                                  provisions of 5 U.S.C. 552, will be                     change from interested persons.                        credits set forth in Section III (Complex
                                                  available for Web site viewing and                      I. Self-Regulatory Organization’s                      Order Transaction Fees) of the BOX Fee
                                                  printing in the Commission’s Public                     Statement of the Terms of the Substance                Schedule while transactions executed
                                                  Reference Room, 100 F Street NE.,                       of the Proposed Rule Change                            through the Facilitation and Solicitation
                                                  Washington, DC 20549 on official                                                                               auction mechanisms are subject to
                                                  business days between the hours of                         The Exchange is filing with the                     Sections I (Exchange Fees) and II
                                                  10:00 a.m. and 3:00 p.m. Copies of the                  Securities and Exchange Commission                     (Liquidity Fees and Credits). The
                                                  filing also will be available for                       (‘‘Commission’’) a proposed rule change                Exchange proposes to add language that
                                                  inspection and copying at the principal                 to amend the Fee Schedule to on the                    clarifies that Complex Order
                                                  office of the CHX. All comments                         BOX Market LLC (‘‘BOX’’) options                       transactions executed through Auction
                                                  received will be posted without change;                 facility. While changes to the fee                     Mechanisms 7 will be subject to Sections
                                                  the Commission does not edit personal                   schedule pursuant to this proposal will                I (Exchange Fees) and II (Liquidity Fees
                                                  identifying information from                            be effective upon filing, the changes will             and Credits).
                                                  submissions. You should submit only                     become operative on January 9, 2017.
                                                                                                                                                                    Under Section I (Exchange Fees), the
                                                  information that you wish to make                       The text of the proposed rule change is
                                                                                                          available from the principal office of the             Exchange proposes the following fees
                                                  available publicly. All submissions                                                                            for Complex Order transactions
                                                  should refer to File No. SR–CHX–2017–                   Exchange, at the Commission’s Public
                                                                                                          Reference Room and also on the                         executed through the Solicitation
                                                  01 and should be submitted on or before                                                                        auction mechanism. For Agency
                                                  February 15, 2017.                                      Exchange’s Internet Web site at http://
                                                                                                          boxexchange.com.                                       Orders 8 and Solicitation Orders,
                                                    For the Commission, by the Division of                                                                       Professional Customers, Broker Dealers
                                                  Trading and Markets, pursuant to delegated              II. Self-Regulatory Organization’s                     and Market Makers will be charged
                                                  authority.19                                            Statement of the Purpose of, and                       $0.15 in Penny and Non-Penny Pilot
                                                  Eduardo A. Aleman,                                      Statutory Basis for, the Proposed Rule                 Classes, and Public Customers will not
                                                  Assistant Secretary.                                    Change                                                 be charged. For Responses in the
                                                  [FR Doc. 2017–01607 Filed 1–24–17; 8:45 am]                In its filing with the Commission, the              Solicitation Auction, all account types
                                                  BILLING CODE 8011–01–P                                  Exchange included statements                           will be charged $0.25 for Penny Pilot
                                                                                                          concerning the purpose of and basis for                Classes and $0.40 for Non-Penny Pilot
                                                                                                          the proposed rule change and discussed                 Classes.
                                                  SECURITIES AND EXCHANGE                                 any comments it received on the                           The Exchange then proposes to treat
                                                  COMMISSION                                              proposed rule change. The text of these                Complex Order transactions executed
                                                                                                          statements may be examined at the                      through the Solicitation mechanism in
                                                  [Release No. 34–79832; File No. SR–BOX–                 places specified in Item IV below. The                 the same manner as single legged
                                                  2017–01]
                                                                                                          Exchange has prepared summaries, set                   Solicitation transactions for liquidity
                                                  Self-Regulatory Organizations; BOX                      forth in Sections A, B, and C below, of                fees and credits, which are applied in
                                                  Options Exchange LLC; Notice of                         the most significant aspects of such                   addition to any applicable exchange fees
                                                  Filing and Immediate Effectiveness of                   statements.                                            as described in Section I of the Fee
                                                  a Proposed Rule Change To Amend                                                                                Schedule. The fee structure for liquidity
                                                                                                          A. Self-Regulatory Organization’s
                                                  the Fee Schedule on the BOX Market                                                                             fees and credits for Complex Orders
                                                                                                          Statement of the Purpose of, and
                                                  LLC (‘‘BOX’’) Options Facility                                                                                 executed through the Solicitation
                                                                                                          Statutory Basis for, the Proposed Rule
                                                                                                                                                                 mechanisms will be as follows:
                                                                                                          Change
                                                  January 18, 2017.
                                                     Pursuant to Section 19(b)(1) of the                  1. Purpose                                             simultaneous purchase and/or sale of two or more
                                                  Securities Exchange Act of 1934 (the                                                                           different options series in the same underlying
                                                                                                             The Exchange proposes to amend                      security, for the same account, in a ratio that is
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  Section III (Complex Order Transaction                 equal to or greater than one-to-three (.333) and less
                                                  notice is hereby given that on January 5,               Fees) to specify that all Complex Order                than or equal to three-to-one (3.00) and for the
                                                  2017, BOX Options Exchange LLC (the                     transactions executed through the                      purpose of executing a particular investment
                                                  ‘‘Exchange’’) filed with the Securities                                                                        strategy.
                                                                                                          Exchange’s auction mechanisms will be                     6 See Securities [sic] Release No. 79557
                                                  and Exchange Commission                                 subject to Section I (Exchange Fees) and               (December 14, 2016), 81 FR 92919 (December 20,
                                                  (‘‘Commission’’) the proposed rule                      II (Liquidity Fees and Credits) of the                 2016) (Notice of Filing and Immediate Effectiveness
                                                  change as described in Items I, II, and                 BOX Fee Schedule. The Exchange                         SR–BOX–2016–57).
                                                  III below, which Items have been                        recently amended its rules to permit                      7 BOX’s auction mechanisms include the Price

                                                  prepared by the Exchange. The                                                                                  Improvement Period (‘‘PIP’’), Complex Order Price
                                                                                                          Complex Order 5 transactions to execute                Improvement Period (‘‘COPIP’’), Facilitation
                                                  Exchange filed the proposed rule change                                                                        Auction and Solicitation Auction.
                                                                                                            3 15  U.S.C. 78s(b)(3)(A)(ii).                          8 An Agency Order is the block-size order that an
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                                                    19 17 CFR 200.30–3(a)(12).                              4 17  CFR 240.19b–4(f)(2).                           Order Flow Provider ‘‘OFP’’ seeks to facilitate as
                                                    1 15 U.S.C. 78s(b)(1).                                   5 As defined in Rule 7240(a)(5), the term           agent through the Facilitation Auction or
                                                    2 17 CFR 240.19b–4.                                   ‘‘Complex Order’’ means any order involving the        Solicitation Auction mechanism.




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Document Created: 2017-01-25 00:08:50
Document Modified: 2017-01-25 00:08:50
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 8479 

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