83_FR_4107 83 FR 4088 - Self-Regulatory Organizations; LCH SA; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change To Adopt LCH SA's Recovery Plan

83 FR 4088 - Self-Regulatory Organizations; LCH SA; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change To Adopt LCH SA's Recovery Plan

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 19 (January 29, 2018)

Page Range4088-4089
FR Document2018-01537

Federal Register, Volume 83 Issue 19 (Monday, January 29, 2018)
[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Notices]
[Pages 4088-4089]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01537]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82570; File No. SR-LCH SA-2017-012]


Self-Regulatory Organizations; LCH SA; Notice of Designation of 
Longer Period for Commission Action on Proposed Rule Change To Adopt 
LCH SA's Recovery Plan

January 23, 2018.
    On November 30, 2017, Banque Centrale de Compensation, which 
conducts business under the name LCH SA (``LCH SA''), filed with the 
Securities and Exchange Commission (``Commission''), pursuant to 
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ 
and Rule 19b-4 thereunder \2\ a proposed rule change to adopt an 
updated recovery plan (the ``RP''). (File No. SR-LCH SA-2017-012). The 
proposed rule change was published for comment in the Federal Register 
on December 19, 2017.\3\ To date, the Commission has not received 
comments on the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-82316 (December 13, 
2017), 82 FR 60246 (December 19, 2017) (SR-LCH SA-2017-012) 
(``Notice'').
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the 
publication of notice of the filing of a proposed rule change, or 
within such longer period up to 90 days as the Commission may 
designate, if it finds such longer period to be appropriate and 
publishes its reasons for so finding or as to which the self-regulatory 
organization consents, the Commission shall either approve the proposed 
rule change, disapprove the proposed rule change, or institute 
proceedings to determine whether the

[[Page 4089]]

proposed rule change should be disapproved. The 45th day from the 
publication of notice of filing of this proposed rule change is 
February 2, 2018.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission is extending the 45-day time period for Commission 
action on the proposed rule change. LCH SA proposes to adopt an updated 
RP. The Commission finds it is appropriate to designate a longer period 
within which to take action on the proposed rule change so that it has 
sufficient time to consider LCH SA's proposed rule change.
    Accordingly, the Commission, pursuant to Section 19(b)(2) \5\ of 
the Act, designates March 19, 2018, as the date by which the Commission 
should either approve or disapprove, or institute proceedings to 
determine whether to disapprove, the proposed rule change (File No. SR-
LCH SA-2017-012).
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    \5\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01537 Filed 1-26-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                4088                          Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices

                                                any burden on competition not                           19(b)(3)(A)(ii) of the Act.25 At any time                received will be posted without change.
                                                necessary or appropriate in furtherance                 within 60 days of the filing of the                      Persons submitting comments are
                                                of the purposes of the Act. In terms of                 proposed rule change, the Commission                     cautioned that we do not redact or edit
                                                inter-market competition, the Exchange                  summarily may temporarily suspend                        personal identifying information from
                                                notes that it operates in a highly                      such rule change if it appears to the                    comment submissions. You should
                                                competitive market in which market                      Commission that such action is: (i)                      submit only information that you wish
                                                participants can readily favor competing                Necessary or appropriate in the public                   to make available publicly. All
                                                venues if they deem fee levels at a                     interest; (ii) for the protection of                     submissions should refer to File
                                                particular venue to be excessive, or                    investors; or (iii) otherwise in                         Number SR–ISE–2018–07 and should be
                                                rebate opportunities available at other                 furtherance of the purposes of the Act.                  submitted on or before February 20,
                                                venues to be more favorable. In such an                 If the Commission takes such action, the                 2018.
                                                environment, the Exchange must                          Commission shall institute proceedings                     For the Commission, by the Division of
                                                continually adjust its fees to remain                   to determine whether the proposed rule                   Trading and Markets, pursuant to delegated
                                                competitive with other exchanges and                    should be approved or disapproved.                       authority.26
                                                with alternative trading systems that                                                                            Eduardo A. Aleman,
                                                                                                        IV. Solicitation of Comments
                                                have been exempted from compliance                                                                               Assistant Secretary.
                                                with the statutory standards applicable                   Interested persons are invited to
                                                                                                        submit written data, views, and                          [FR Doc. 2018–01535 Filed 1–26–18; 8:45 am]
                                                to exchanges. Because competitors are
                                                free to modify their own fees in                        arguments concerning the foregoing,                      BILLING CODE 8011–01–P

                                                response, and because market                            including whether the proposed rule
                                                participants may connect to third                       change is consistent with the Act.
                                                                                                        Comments may be submitted by any of                      SECURITIES AND EXCHANGE
                                                parties instead of directly connecting to
                                                                                                        the following methods:                                   COMMISSION
                                                the Exchange, the Exchange believes
                                                that the degree to which fee changes in                 Electronic Comments                                      [Release No. 34–82570; File No. SR–LCH
                                                this market may impose any burden on                                                                             SA–2017–012]
                                                competition is extremely limited.                         • Use the Commission’s internet
                                                   In this instance, the proposed changes               comment form (http://www.sec.gov/                        Self-Regulatory Organizations; LCH
                                                to the charges assessed for connectivity                rules/sro.shtml); or                                     SA; Notice of Designation of Longer
                                                to the Exchange are consistent with the                   • Send an email to rule-comments@                      Period for Commission Action on
                                                fees assessed by other exchanges for the                sec.gov. Please include File Number SR–                  Proposed Rule Change To Adopt LCH
                                                same or similar connectivity. The                       ISE–2018–07 on the subject line.                         SA’s Recovery Plan
                                                Exchange must assess fees to cover the                  Paper Comments                                           January 23, 2018.
                                                costs incurred in providing connectivity
                                                                                                           • Send paper comments in triplicate                      On November 30, 2017, Banque
                                                and members had been assessed fees for
                                                                                                        to Secretary, Securities and Exchange                    Centrale de Compensation, which
                                                Exchange connectivity prior to the
                                                                                                        Commission, 100 F Street NE,                             conducts business under the name LCH
                                                sunset of the old Exchange architecture.
                                                                                                        Washington, DC 20549–1090.                               SA (‘‘LCH SA’’), filed with the
                                                The Exchange considered the historical
                                                                                                        All submissions should refer to File                     Securities and Exchange Commission
                                                fees paid by subscribers to the
                                                                                                        Number SR–ISE–2018–07. This file                         (‘‘Commission’’), pursuant to Section
                                                Exchange’s connectivity and set the
                                                                                                        number should be included on the                         19(b)(1) of the Securities Exchange Act
                                                proposed fees at a level that it
                                                                                                        subject line if email is used. To help the               of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                determined would be as similar to the
                                                                                                        Commission process and review your                       thereunder 2 a proposed rule change to
                                                historical fees paid by members for
                                                                                                        comments more efficiently, please use                    adopt an updated recovery plan (the
                                                similar connectivity. As a consequence,
                                                                                                        only one method. The Commission will                     ‘‘RP’’). (File No. SR–LCH SA–2017–
                                                competition will not be burdened by the
                                                                                                        post all comments on the Commission’s                    012). The proposed rule change was
                                                proposed fees. In sum, if the changes
                                                                                                        internet website (http://www.sec.gov/                    published for comment in the Federal
                                                proposed herein are unattractive to
                                                                                                        rules/sro.shtml). Copies of the                          Register on December 19, 2017.3 To
                                                market participants, it is likely that the
                                                                                                        submission, all subsequent                               date, the Commission has not received
                                                Exchange will see a decrease in
                                                                                                        amendments, all written statements                       comments on the proposed rule change.
                                                subscribership to ports and possibly
                                                                                                        with respect to the proposed rule                           Section 19(b)(2) of the Act 4 provides
                                                lose market share as a result.
                                                                                                        change that are filed with the                           that within 45 days of the publication of
                                                Accordingly, the Exchange does not
                                                                                                        Commission, and all written                              notice of the filing of a proposed rule
                                                believe that the proposed changes will
                                                                                                        communications relating to the                           change, or within such longer period up
                                                impair the ability of members or
                                                                                                        proposed rule change between the                         to 90 days as the Commission may
                                                competing order execution venues to
                                                                                                        Commission and any person, other than                    designate, if it finds such longer period
                                                maintain their competitive standing in
                                                                                                        those that may be withheld from the                      to be appropriate and publishes its
                                                the financial markets.
                                                                                                        public in accordance with the                            reasons for so finding or as to which the
                                                C. Self-Regulatory Organization’s                       provisions of 5 U.S.C. 552, will be                      self-regulatory organization consents,
                                                Statement on Comments on the                            available for website viewing and                        the Commission shall either approve the
                                                Proposed Rule Change Received From                      printing in the Commission’s Public                      proposed rule change, disapprove the
                                                Members, Participants, or Others                        Reference Room, 100 F Street NE,                         proposed rule change, or institute
                                                                                                                                                                 proceedings to determine whether the
sradovich on DSK3GMQ082PROD with NOTICES




                                                  No written comments were either                       Washington, DC 20549, on official
                                                solicited or received.                                  business days between the hours of
                                                                                                                                                                   26 17 CFR 200.30–3(a)(12).
                                                                                                        10:00 a.m. and 3:00 p.m. Copies of the
                                                III. Date of Effectiveness of the                       filing also will be available for
                                                                                                                                                                   1 15 U.S.C. 78s(b)(1).
                                                Proposed Rule Change and Timing for                     inspection and copying at the principal
                                                                                                                                                                   2 17 CFR 240.19b–4.
                                                                                                                                                                   3 Securities Exchange Act Release No. 34–82316
                                                Commission Action                                       office of the Exchange. All comments                     (December 13, 2017), 82 FR 60246 (December 19,
                                                   The foregoing rule change has become                                                                          2017) (SR–LCH SA–2017–012) (‘‘Notice’’).
                                                effective pursuant to Section                             25 15   U.S.C. 78s(b)(3)(A)(ii).                         4 15 U.S.C. 78s(b)(2).




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                                                                              Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices                                                      4089

                                                proposed rule change should be                          I. Self-Regulatory Organization’s                      standards,3 and serves to align the rules
                                                disapproved. The 45th day from the                      Statement of the Terms of Substance of                 of Phlx and the Exchange.
                                                publication of notice of filing of this                 the Proposed Rule Change                                  Currently the underlying covered
                                                proposed rule change is February 2,                                                                            security must have a closing market
                                                2018.                                                      The Exchange proposes to amend
                                                                                                        Chapter IV, Section 3 (Criteria for                    price of $3.00 per share for the previous
                                                  The Commission is extending the 45-                   Underlying Securities) of the rules                    five consecutive business days
                                                day time period for Commission action                   governing the Nasdaq Options Market                    preceding the date on which the
                                                on the proposed rule change. LCH SA                     (‘‘NOM’’) to modify the criteria for                   Exchange submits a listing certificate to
                                                proposes to adopt an updated RP. The                    listing an option on an underlying                     OCC. In the proposed amendment, the
                                                Commission finds it is appropriate to                   covered security.                                      market price will still be measured by
                                                designate a longer period within which                                                                         the closing price reported in the primary
                                                                                                           The text of the proposed rule change                market in which the underlying covered
                                                to take action on the proposed rule                     is available on the Exchange’s website at
                                                change so that it has sufficient time to                                                                       security is traded, but the measurement
                                                                                                        http://nasdaq.cchwallstreet.com, at the                will be the price over the prior three
                                                consider LCH SA’s proposed rule                         principal office of the Exchange, and at               consecutive business day period
                                                change.                                                 the Commission’s Public Reference                      preceding the submission of the listing
                                                  Accordingly, the Commission,                          Room.                                                  certificate to OCC, instead of the prior
                                                pursuant to Section 19(b)(2) 5 of the Act,                                                                     five business day period.
                                                                                                        II. Self-Regulatory Organization’s
                                                designates March 19, 2018, as the date
                                                                                                        Statement of the Purpose of, and                          The Exchange acknowledges that the
                                                by which the Commission should either                                                                          Options Listing Procedures Plan 4
                                                                                                        Statutory Basis for, the Proposed Rule
                                                approve or disapprove, or institute                                                                            requires that the listing certificate be
                                                                                                        Change
                                                proceedings to determine whether to                                                                            provided to OCC no earlier than 12:01
                                                disapprove, the proposed rule change                      In its filing with the Commission, the               a.m. and no later than 11:00 a.m.
                                                (File No. SR–LCH SA–2017–012).                          Exchange included statements                           (Chicago time) on the trading day prior
                                                  For the Commission, by the Division of                concerning the purpose of and basis for                to the day on which trading is to begin.5
                                                Trading and Markets, pursuant to delegated              the proposed rule change and discussed                 The proposed amendment will still
                                                authority.6                                             any comments it received on the                        comport with that requirement. For
                                                Eduardo A. Aleman,
                                                                                                        proposed rule change. The text of these                example, if an initial public offering
                                                                                                        statements may be examined at the                      (‘‘IPO’’) occurs at 11 a.m. on Monday,
                                                Assistant Secretary.
                                                                                                        places specified in Item IV below. The                 the earliest date the Exchange could
                                                [FR Doc. 2018–01537 Filed 1–26–18; 8:45 am]             Exchange has prepared summaries, set                   submit its listing certificate to OCC
                                                BILLING CODE 8011–01–P                                  forth in sections A, B, and C below, of                would be on Thursday by 12:01 a.m.
                                                                                                        the most significant aspects of such                   (Chicago time), with the market price
                                                                                                        statements.                                            determined by the closing price over the
                                                SECURITIES AND EXCHANGE                                                                                        three-day period from Monday through
                                                COMMISSION                                              A. Self-Regulatory Organization’s
                                                                                                                                                               Wednesday. The option on the IPO
                                                                                                        Statement of the Purpose of, and the
                                                                                                                                                               would then be eligible for trading on the
                                                                                                        Statutory Basis for, the Proposed Rule
                                                [Release No. 34–82573; File No. SR–                                                                            Exchange on Friday. The proposed
                                                NASDAQ–2018–005]                                        Change
                                                                                                                                                               amendment would essentially enable
                                                                                                        1. Purpose                                             options trading within four business
                                                Self-Regulatory Organizations; The                                                                             days of an IPO becoming available
                                                Nasdaq Stock Market LLC; Notice of                         The purpose of the proposed rule                    instead of six business days (five
                                                Filing and Immediate Effectiveness of                   change is to amend NOM Chapter IV,
                                                Proposed Rule Change Relating to the                    Section 3 to modify the criteria for                      3 See Securities Exchange Act Release No. 82474

                                                Criteria for Listing Underlying                         listing options on an underlying                       (January 9, 2018) (SR–Phlx–2017–75) (Order
                                                Securities                                              security as defined in Section                         Granting Approval of a Proposed Rule Change)
                                                                                                                                                               (‘‘Phlx Filing’’). The Exchange, together with its
                                                                                                        18(b)(1)(A) of the Securities Act of 1933              affiliates, Nasdaq BX, Inc. (‘‘BX’’) and Nasdaq ISE,
                                                January 23, 2018.                                       (hereinafter ‘‘covered security’’ or                   LLC (‘‘ISE’’), all of which are wholly owned
                                                   Pursuant to Section 19(b)(1) of the                  ‘‘covered securities’’). In particular, the            subsidiaries of Nasdaq, Inc. (‘‘Nasdaq HoldCo’’),
                                                                                                        Exchange proposes to modify Section                    have filed identical rule change proposals based on
                                                Securities Exchange Act of 1934                                                                                the Phlx Filing.
                                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 3(b)v.1) to permit the listing of an                      4 The Plan for the Purpose of Developing and

                                                notice is hereby given that on January                  option on an underlying covered                        Implementing Procedures Designed to Facilitate the
                                                16, 2018, The Nasdaq Stock Market LLC                   security that has a market price of at                 Listing and Trading of Standardized Options
                                                (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the             least $3.00 per share for the previous                 Submitted Pursuant to Section 11a(2)(3)(B) of the
                                                                                                                                                               Securities Exchange Act of 1934 (a/k/a the Options
                                                Securities and Exchange Commission                      three consecutive business days                        Listing Procedures Plan (‘‘OLPP’’)) is a national
                                                (‘‘SEC’’ or ‘‘Commission’’) the proposed                preceding the date on which the                        market system plan that, among other things, sets
                                                rule change as described in Items I, II,                Exchange submits a certificate to the                  forth procedures governing the listing of new
                                                                                                        Options Clearing Corporation (‘‘OCC’’)                 options series. See Securities Exchange Act Release
                                                and III, below, which Items have been                                                                          No. 44521 (July 6, 2001), 66 FR 36809 (July 13,
                                                                                                        for listing and trading. The Exchange
                                                prepared by the Exchange. The                                                                                  2001) (Order approving OLPP). The sponsors of
                                                                                                        does not intend to amend any other                     OLPP include Nasdaq; OCC; BATS Exchange, Inc.;
                                                Commission is publishing this notice to
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        criteria for listing options on an                     BOX Options Exchange LLC; C2 Options Exchange,
                                                solicit comments on the proposed rule                   underlying security in Chapter IV,                     Incorporated; Chicago Board Options Exchange,
                                                change from interested persons.                         Section 3.                                             Incorporated; EDGX Exchange, Inc.; Miami
                                                                                                                                                               International Securities Exchange, LLC; MIAX
                                                  5 15 U.S.C. 78s(b)(2).
                                                                                                           This proposed rule change is identical              PEARL, LLC; Nasdaq PHLX LLC; Nasdaq BX, Inc.;
                                                                                                        to a recently-approved rule change by                  Nasdaq GEMX, LLC; Nasdaq ISE, LLC; Nasdaq
                                                  6 17 CFR 200.30–3(a)(31).                                                                                    MRX, LLC; NYSE American, LLC; and NYSE Arca,
                                                  1 15 U.S.C. 78s(b)(1).                                the Exchange’s affiliate, Nasdaq PHLX                  Inc.
                                                  2 17 CFR 240.19b–4.                                   LLC (‘‘Phlx’’), to its initial listing                    5 See OLPP at page 3.




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Document Created: 2018-01-27 00:57:34
Document Modified: 2018-01-27 00:57:34
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 Citation83 FR 4088 

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