83 FR 9349 - Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 5.170 To Reflect an Update to a FINRA Rule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 43 (March 5, 2018)

Page Range		9349-9351
FR Document		2018-04337
Federal Register, Volume 83 Issue 43 (Monday, March 5, 2018)
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Notices]
[Pages 9349-9351]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04337]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82784; File No. SR-IEX-2018-04]


Self-Regulatory Organizations; Investors Exchange LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend 
Rule 5.170 To Reflect an Update to a FINRA Rule

February 27, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on February 21, 2018, the Investors Exchange LLC (``IEX'' 
or the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I 
and II below, which Items have been prepared by the self-regulatory 
organization. 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\ 15 U.S.C. 78a.
    \3\ 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

    Pursuant to the provisions of Section 19(b)(1) under the Securities 
Exchange Act of 1934 (``Act''), \4\ and Rule 19b-4 thereunder,\5\ 
Investors Exchange LLC (``IEX'' or ``Exchange'') is filing with the 
Commission a proposed rule change to amend Rule 5.170 to reflect an 
update to a rule of the Financial Industry Regulatory Authority 
(``FINRA'')

[[Page 9350]]

incorporated by reference therein. The Exchange has designated this 
rule change as ``non-controversial'' under Section 19(b)(3)(A) of the 
Act \6\ and provided the Commission with the notice required by Rule 
19b-4(f)(6) thereunder.\7\
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4.
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    The text of the proposed rule change is available at the Exchange's 
website at www.iextrading.com, at the principal office of the Exchange, 
and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of and basis for the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of these statements may be examined at 
the places specified in Item IV below. The self-regulatory organization 
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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 5.170 to reflect an update to a 
FINRA rule incorporated by reference therein. On April 7, 2016, the 
Commission approved a FINRA proposed rule change to adopt new FINRA 
Rule 3210 (Accounts at Other Broker-Dealers and Financial Institutions) 
in the Consolidated FINRA Rulebook, which addresses accounts opened or 
established by associated persons of FINRA members at firms other than 
the firm with which they are associated (the ``FINRA Rule Filing''). As 
part of the FINRA Rule Filing, FINRA also deleted NASD Rule 3050 and 
Incorporated New York Stock Exchange (``NYSE'') Rules 407, 407A, and 
Incorporated NYSE Rule Interpretation 407, each of which governed the 
obligations of FINRA member firms and their associated persons with 
respect to transactions effected by such associated persons in accounts 
established outside of the member firm.\8\ Thus FINRA Rule 3210 updated 
and consolidated into the FINRA Rulebook NASD Rule 3050 and certain 
Incorporated NYSE rules.\9\
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    \8\ See Exchange Act Release No. 77550 (April 7, 2016), 81 FR 
21924 (April 13, 2016) (Order Approving File No. SR-FINRA-2015-029).
    \9\ Id.
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    NASD Rule 3050 is incorporated by reference in Exchange Rule 5.170 
(Transactions for or by Associated Persons), which provides that 
``Members and persons associated with a Member shall comply with NASD 
Rule 3050 as if such Rule were part of IEX's Rules.''
    Accordingly, in view of the FINRA rule change whereby NASD Rule 
3050 was consolidated into FINRA Rule 3210, the Exchange proposes to 
update the reference to NASD Rule 3050 with a reference to FINRA Rule 
3210. As proposed, IEX Members would be subject to the requirements of 
FINRA Rule 3210 rather than NASD Rule 3050. A description of the 
requirements of FINRA Rule 3210, and the differences between FINRA Rule 
3210 and former NASD Rule 3050, are described in the FINRA Rule 
Filing.\10\
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    \10\ Id.
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2. Statutory Basis
    IEX believes that the proposed rule change is consistent with the 
provisions of Section 6(b) \11\ of the Act in general, and furthers the 
objectives of Section 6(b)(5) of the Act \12\ in particular, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system, and, in general, to protect investors and the 
public interest. The Exchange notes that in approving the FINRA Rule 
Filing, the Commission stated that it ``believes that the proposal 
would help protect investors and the public interest by establishing a 
framework through which a member can adequately supervise securities-
related activities of their associated persons at firms other than the 
one with which they are associated . . . [and that the] rule makes the 
core supervisory obligation more operationally workable for employer 
firms.'' The Exchange agrees with the Commission and believes the 
proposed rule change is also consistent with the Act because it will 
provide greater clarity to Members regarding IEX's rules.
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    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    IEX does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange does not believe 
that the proposed rule change will result in a burden on intra-market 
competition since it will apply equally to all Members. Further, as 
described in the FINRA Rule Filing and the SEC approval order thereof, 
FINRA Rule 3210 enables FINRA members to design a supervisory system 
that suits their respective business model and risk profiles. Further, 
FINRA noted in the FINRA Rule Filing, because FINRA Rule 3210 is 
consistent with prior NASD Rule 3050, current requirements and 
longstanding practice, it will not impose additional burdens on FINRA 
members. The Exchange believes that these factors mitigate against any 
disparate burden on IEX Members. The Exchange also does not believe 
that the proposed rule change will result in a burden on inter-market 
competition, since it is designed to address regulatory requirements 
rather than competitive considerations.

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

    Written comments were neither solicited nor received.

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

    Because the 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) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \15\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \16\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon

[[Page 9351]]

filing. According to the Exchange, waiver of the operative delay will 
help to avoid any potential confusion that may otherwise occur on the 
part of IEX Members as to the requirements of IEX Rule 5.170. The 
Commission believes that the proposed rule change raises no new or 
novel issues and that waiver of the operative delay is consistent with 
the protection of investors and the public interest. Therefore, the 
Commission hereby waives the operative delay and designates the 
proposal operative upon filing.\17\
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ 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).
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    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) \18\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \18\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-IEX-2018-04 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE, 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-IEX-2018-04. This file 
number should be included in 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 website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Section, 100 F Street NE, Washington, 
DC 20549-1090. Copies of the filing will also be available for 
inspection and copying at the IEX's principal office and on its 
internet website at www.iextrading.com. All comments received will be 
posted without change. Persons submitting comments are cautioned that 
we do not redact or edit personal identifying information from comment 
submissions. You should submit only information that you wish to make 
available publicly. All submissions should refer to File Number SR-IEX-
2018-04 and should be submitted on or before March 26, 2018.

    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. 2018-04337 Filed 3-2-18; 8:45 am]
 BILLING CODE 8011-01-P
Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Notices 9349

any burden on competition that is not Commission hereby waives the 30-day inspection and copying at the principal
necessary or appropriate in furtherance operative delay and designates the office of the Exchange. All comments
of the purposes of the Act. The proposed rule change to be operative received will be posted without change.
Exchange believes the proposed rule upon filing.15 Persons submitting comments are
change will enhance competition and At any time within 60 days of the cautioned that we do not redact or edit
benefit of investors and the marketplace filing of the proposed rule change, the personal identifying information from
by permitting continued listing and Commission summarily may comment submissions. You should
trading of Shares of the Fund following temporarily suspend such rule change if submit only information that you wish
implementation of the changes it appears to the Commission that such to make available publicly. All
described above that would follow the action is necessary or appropriate in the submissions should refer to File
Reorganization, which changes would public interest, for the protection of Number SR–NYSEArca–2018–13 and
not impact the investment objective of investors, or otherwise in furtherance of should be submitted on or before March
the Fund. the purposes of the Act. 26, 2018.
C. Self-Regulatory Organization’s IV. Solicitation of Comments For the Commission, by the Division of
Statement on Comments on the Trading and Markets, pursuant to delegated
Interested persons are invited to authority.16
Proposed Rule Change Received From submit written data, views, and
Members, Participants, or Others Eduardo A. Aleman,
arguments concerning the foregoing,
including whether the proposed rule Assistant Secretary.
No written comments were solicited
or received with respect to the proposed change is consistent with the Act. [FR Doc. 2018–04340 Filed 3–2–18; 8:45 am]
rule change. Comments may be submitted by any of BILLING CODE 8011–01–P
the following methods:
III. Date of Effectiveness of the
Proposed Rule Change and Timing for Electronic Comments SECURITIES AND EXCHANGE
Commission Action • Use the Commission’s internet COMMISSION
Because the proposed rule change comment form (http://www.sec.gov/ [Release No. 34–82784; File No. SR–IEX–
does not: (i) Significantly affect the rules/sro.shtml); or 2018–04]
protection of investors or the public • Send an email to rule-comments@
interest; (ii) impose any significant sec.gov. Please include File Number SR– Self-Regulatory Organizations;
burden on competition; and (iii) become NYSEArca–2018–13 on the subject line. Investors Exchange LLC; Notice of
operative prior to 30 days from the date Paper Comments Filing and Immediate Effectiveness of
on which it was filed, or such shorter Proposed Rule Change To Amend Rule
time as the Commission may designate, • Send paper comments in triplicate 5.170 To Reflect an Update to a FINRA
it has become effective pursuant to to Secretary, Securities and Exchange Rule
Section 19(b)(3)(A) of the Act 13 and Commission, 100 F Street NE,
Rule 19b–4(f)(6) thereunder.14 Washington, DC 20549–1090. February 27, 2018.
The Exchange has asked the All submissions should refer to File Pursuant to Section 19(b)(1) 1 of the
Commission to waive the 30-day Number SR–NYSEArca–2018–13. This Securities Exchange Act of 1934 (the
operative delay so that the proposal may file number should be included on the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
become operative immediately upon subject line if email is used. To help the notice is hereby given that, on February
filing. The proposal would allow the Commission process and review your 21, 2018, the Investors Exchange LLC
Exchange to reflect organizational and comments more efficiently, please use (‘‘IEX’’ or the ‘‘Exchange’’) filed with the
administrative changes to the Fund that only one method. The Commission will Securities and Exchange Commission
would be implemented as a result of the post all comments on the Commission’s (the ‘‘Commission’’) the proposed rule
Reorganization, including changes to internet website (http://www.sec.gov/ change as described in Items I and II
the Fund’s name, the trust entity issuing rules/sro.shtml). Copies of the below, which Items have been prepared
shares of the Fund, the adviser to the submission, all subsequent by the self-regulatory organization. The
Fund, and the distributor for the Fund. amendments, all written statements Commission is publishing this notice to
The Exchange represents that the with respect to the proposed rule solicit comments on the proposed rule
investment objective of the Fund will change that are filed with the change from interested persons.
remain the same, and the Index Commission, and all written I. Self-Regulatory Organization’s
underlying the Fund meets and will communications relating to the Statement of the Terms of Substance of
continue to meet the representations proposed rule change between the the Proposed Rule Change
regarding the Index as described in the Commission and any person, other than
Releases. The Commission believes that those that may be withheld from the Pursuant to the provisions of Section
the proposal raises no new or novel public in accordance with the 19(b)(1) under the Securities Exchange
regulatory issues and waiver of the 30- provisions of 5 U.S.C. 552, will be Act of 1934 (‘‘Act’’), 4 and Rule 19b-4
day operative delay is consistent with available for website viewing and thereunder,5 Investors Exchange LLC
the protection of investors and the printing in the Commission’s Public (‘‘IEX’’ or ‘‘Exchange’’) is filing with the
public interest. Accordingly, the Reference Room, 100 F Street NE, Commission a proposed rule change to
Washington, DC 20549 on official amend Rule 5.170 to reflect an update
13 15 U.S.C. 78s(b)(3)(A). business days between the hours of to a rule of the Financial Industry
sradovich on DSK3GMQ082PROD with NOTICES

14 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 10:00 a.m. and 3:00 p.m. Copies of the Regulatory Authority (‘‘FINRA’’)
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to
filing also will be available for
16 17 CFR 200.30–3(a)(12).
file the proposed rule change, along with a brief 1 15
15 For U.S.C. 78s(b)(1).
description and text of the proposed rule change, purposes only of waiving the 30-day 2 15 U.S.C. 78a.
at least five business days prior to the date of filing operative delay, the Commission has also
3 17 CFR 240.19b–4.
of the proposed rule change, or such shorter time considered the proposed rule’s impact on
4 15 U.S.C. 78s(b)(1).
as designated by the Commission. The Exchange efficiency, competition, and capital formation. See
has satisfied this requirement. 15 U.S.C. 78c(f). 5 17 CFR 240.19b–4.

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9350 Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Notices

incorporated by reference therein. The FINRA Rulebook NASD Rule 3050 and of the purposes of the Act. The
Exchange has designated this rule certain Incorporated NYSE rules.9 Exchange does not believe that the
change as ‘‘non-controversial’’ under NASD Rule 3050 is incorporated by proposed rule change will result in a
Section 19(b)(3)(A) of the Act 6 and reference in Exchange Rule 5.170 burden on intra-market competition
provided the Commission with the (Transactions for or by Associated since it will apply equally to all
notice required by Rule 19b–4(f)(6) Persons), which provides that Members. Further, as described in the
thereunder.7 ‘‘Members and persons associated with FINRA Rule Filing and the SEC
The text of the proposed rule change a Member shall comply with NASD approval order thereof, FINRA Rule
is available at the Exchange’s website at Rule 3050 as if such Rule were part of 3210 enables FINRA members to design
www.iextrading.com, at the principal IEX’s Rules.’’ a supervisory system that suits their
office of the Exchange, and at the Accordingly, in view of the FINRA respective business model and risk
Commission’s Public Reference Room. rule change whereby NASD Rule 3050 profiles. Further, FINRA noted in the
was consolidated into FINRA Rule 3210, FINRA Rule Filing, because FINRA Rule
II. Self-Regulatory Organization’s the Exchange proposes to update the 3210 is consistent with prior NASD
Statement of the Purpose of, and the reference to NASD Rule 3050 with a Rule 3050, current requirements and
Statutory Basis for, the Proposed Rule reference to FINRA Rule 3210. As longstanding practice, it will not impose
Change proposed, IEX Members would be additional burdens on FINRA members.
In its filing with the Commission, the subject to the requirements of FINRA The Exchange believes that these factors
self-regulatory organization included Rule 3210 rather than NASD Rule 3050. mitigate against any disparate burden on
statements concerning the purpose of A description of the requirements of IEX Members. The Exchange also does
and basis for the proposed rule change FINRA Rule 3210, and the differences not believe that the proposed rule
and discussed any comments it received between FINRA Rule 3210 and former change will result in a burden on inter-
on the proposed rule change. The text NASD Rule 3050, are described in the market competition, since it is designed
of these statements may be examined at FINRA Rule Filing.10 to address regulatory requirements
the places specified in Item IV below. rather than competitive considerations.
2. Statutory Basis
The self-regulatory organization has C. Self-Regulatory Organization’s
IEX believes that the proposed rule
prepared summaries, set forth in Statement on Comments on the
change is consistent with the provisions
Sections A, B, and C below, of the most Proposed Rule Change Received From
of Section 6(b) 11 of the Act in general,
significant aspects of such statements. Members, Participants, or Others
and furthers the objectives of Section
A. Self-Regulatory Organization’s 6(b)(5) of the Act 12 in particular, in that Written comments were neither
Statement of the Purpose of, and the it is designed to prevent fraudulent and solicited nor received.
Statutory Basis for, the Proposed Rule manipulative acts and practices, to III. Date of Effectiveness of the
Change promote just and equitable principles of Proposed Rule Change and Timing for
trade, to remove impediments to and Commission Action
1. Purpose
perfect the mechanism of a free and
The Exchange proposes to amend open market and a national market Because the proposed rule change
Rule 5.170 to reflect an update to a system, and, in general, to protect does not (i) significantly affect the
FINRA rule incorporated by reference investors and the public interest. The protection of investors or the public
therein. On April 7, 2016, the Exchange notes that in approving the interest; (ii) impose any significant
Commission approved a FINRA burden on competition; and (iii) become
FINRA Rule Filing, the Commission
operative for 30 days from the date on
proposed rule change to adopt new stated that it ‘‘believes that the proposal
which it was filed, or such shorter time
FINRA Rule 3210 (Accounts at Other would help protect investors and the
as the Commission may designate, it has
Broker-Dealers and Financial public interest by establishing a
become effective pursuant to Section
Institutions) in the Consolidated FINRA framework through which a member can
19(b)(3)(A) of the Act 13 and Rule 19b–
Rulebook, which addresses accounts adequately supervise securities-related
4(f)(6) thereunder.14
opened or established by associated activities of their associated persons at A proposed rule change filed
persons of FINRA members at firms firms other than the one with which pursuant to Rule 19b–4(f)(6) under the
other than the firm with which they are they are associated . . . [and that the] Act 15 normally does not become
associated (the ‘‘FINRA Rule Filing’’). rule makes the core supervisory operative for 30 days after the date of its
As part of the FINRA Rule Filing, obligation more operationally workable filing. However, Rule 19b–4(f)(6)(iii) 16
FINRA also deleted NASD Rule 3050 for employer firms.’’ The Exchange permits the Commission to designate a
and Incorporated New York Stock agrees with the Commission and shorter time if such action is consistent
Exchange (‘‘NYSE’’) Rules 407, 407A, believes the proposed rule change is with the protection of investors and the
and Incorporated NYSE Rule also consistent with the Act because it public interest. The Exchange has asked
Interpretation 407, each of which will provide greater clarity to Members the Commission to waive the 30-day
governed the obligations of FINRA regarding IEX’s rules. operative delay so that the proposal may
member firms and their associated become operative immediately upon
B. Self-Regulatory Organization’s
persons with respect to transactions
Statement on Burden on Competition
effected by such associated persons in 13 15 U.S.C. 78s(b)(3)(A).
accounts established outside of the IEX does not believe that the 14 17 CFR 240.19b–4(f)(6). As required under Rule
sradovich on DSK3GMQ082PROD with NOTICES

member firm.8 Thus FINRA Rule 3210 proposed rule change will result in any 19b–4(f)(6)(iii), the Exchange provided the
updated and consolidated into the burden on competition that is not Commission with written notice of its intent to file
necessary or appropriate in furtherance the proposed rule change, along with a brief
description and the text of the proposed rule
6 15 U.S.C. 78s(b)(3)(A). change, at least five business days prior to the date
9 Id.
7 17 CFR 240.19b–4. of filing of the proposed rule change, or such
8 See Exchange Act Release No. 77550 (April 7, 10 Id. shorter time as designated by the Commission.
11 15 U.S.C. 78f. 15 17 CFR 240.19b–4(f)(6).
2016), 81 FR 21924 (April 13, 2016) (Order
Approving File No. SR–FINRA–2015–029). 12 15 U.S.C. 78f(b)(5). 16 17 CFR 240.19b–4(f)(6)(iii).

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filing. According to the Exchange, amendments, all written statements Federal Register on January 19, 2018.3
waiver of the operative delay will help with respect to the proposed rule To date, the Commission has not
to avoid any potential confusion that change that are filed with the received any comment letters to the
may otherwise occur on the part of IEX Commission, and all written Proposed Rule Change.
Members as to the requirements of IEX communications relating to the Section 19(b)(2) of the Exchange Act 4
Rule 5.170. The Commission believes proposed rule change between the provides that, within 45 days of the
that the proposed rule change raises no Commission and any person, other than publication of notice of the filing of a
new or novel issues and that waiver of those that may be withheld from the proposed rule change, or within such
the operative delay is consistent with public in accordance with the longer period up to 90 days as the
the protection of investors and the provisions of 5 U.S.C. 552, will be Commission may designate if it finds
public interest. Therefore, the available for website viewing and such longer period to be appropriate
Commission hereby waives the printing in the Commission’s Public and publishes its reasons for so finding,
operative delay and designates the Reference Section, 100 F Street NE, or as to which the self-regulatory
proposal operative upon filing.17 Washington, DC 20549–1090. Copies of organization consents, the Commission
At any time within 60 days of the the filing will also be available for shall either approve the proposed rule
filing of the proposed rule change, the inspection and copying at the IEX’s change, disapprove the proposed rule
Commission summarily may principal office and on its internet change, or institute proceedings to
temporarily suspend such rule change if website at www.iextrading.com. All determine whether the proposed rule
it appears to the Commission that such comments received will be posted change should be disapproved. The 45th
action is necessary or appropriate in the without change. Persons submitting day after publication of the Notice for
public interest, for the protection of comments are cautioned that we do not this Proposed Rule Change is March 5,
investors, or otherwise in furtherance of redact or edit personal identifying 2018. The Commission is extending this
the purposes of the Act. If the information from comment submissions. 45-day time period. In order to provide
Commission takes such action, the You should submit only information the Commission with sufficient time to
Commission shall institute proceedings that you wish to make available consider the Proposed Rule Change, the
under Section 19(b)(2)(B) 18 of the Act to publicly. All submissions should refer Commission finds that it is appropriate
determine whether the proposed rule to File Number SR–IEX–2018–04 and to designate a longer period within
change should be approved or should be submitted on or before March which to take action on the Proposed
disapproved. 26, 2018. Rule Change.
IV. Solicitation of Comments For the Commission, by the Division of Accordingly, the Commission,
Trading and Markets, pursuant to delegated pursuant to Section 19(b)(2) of the
Interested persons are invited to
authority.19 Exchange Act,5 designates April 19,
submit written data, views and
Eduardo A. Aleman, 2018 as the date by which the
arguments concerning the foregoing,
Assistant Secretary. Commission shall either approve,
including whether the proposed rule
disapprove, or institute proceedings to
change is consistent with the Act. [FR Doc. 2018–04337 Filed 3–2–18; 8:45 am]
determine whether to disapprove
Comments may be submitted by any of BILLING CODE 8011–01–P
proposed rule change SR–ICEEU–2017–
the following methods:
017.
Electronic Comments SECURITIES AND EXCHANGE For the Commission, by the Division of
• Use the Commission’s internet COMMISSION Trading and Markets, pursuant to delegated
comment form (http://www.sec.gov/ authority.6
rules/sro.shtml); or [Release No. 34–82782; File No. SR–ICEEU– Eduardo A. Aleman,
• Send an email to rule-comments@ 2017–017] Assistant Secretary.
sec.gov. Please include File Number SR– [FR Doc. 2018–04336 Filed 3–2–18; 8:45 am]
IEX–2018–04 on the subject line. Self-Regulatory Organizations; ICE BILLING CODE 8011–01–P

Paper Comments Clear Europe Limited; Notice of
Designation of Longer Period for
• Send paper comments in triplicate Commission Action on Proposed Rule SECURITIES AND EXCHANGE
to Brent J. Fields, Secretary, Securities Change Concerning the ICE Clear COMMISSION
and Exchange Commission, 100 F Street Europe Wind-Down Plan
NE, Washington, DC 20549–1090. [Release No. 34–82790; File No. SR–
All submissions should refer to File February 27, 2018.
NASDAQ–2018–013]
Number SR–IEX–2018–04. This file On December 29, 2017, ICE Clear
number should be included in the Europe Limited (‘‘ICE Clear Europe’’) Self-Regulatory Organizations; The
subject line if email is used. To help the filed with the Securities and Exchange Nasdaq Stock Market LLC; Notice of
Commission process and review your Commission (‘‘Commission’’) proposed Filing and Immediate Effectiveness of
comments more efficiently, please use rule change SR–ICEEU–2017–017 Proposed Rule Change To Amend Rule
only one method. The Commission will (‘‘Proposed Rule Change’’) pursuant to 7018(a)
post all comments on the Commission’s Section 19(b)(1) of the Securities February 28, 2018.
internet website (http://www.sec.gov/ Exchange Act of 1934 (‘‘Exchange
rules/sro.shtml). Copies of the Pursuant to Section 19(b)(1) of the
sradovich on DSK3GMQ082PROD with NOTICES

Act’’),1 and Rule 19b–4 thereunder,2
submission, all subsequent Securities Exchange Act of 1934
concerning the ICE Clear Europe Wind-
Down Plan. The Proposed Rule Change 3 Exchange Act Release No. 82497 (Jan. 12, 2018),
17 For purposes only of waiving the 30-day
was published for comment in the 83 FR 2847 (Jan. 19, 2018) (SR–ICEEU–2017–017)
operative delay, the Commission has also
considered the proposed rule’s impact on (‘‘Notice’’).
19 17 CFR 200.30–3(a)(12). 4 15 U.S.C. 78s(b)(2).
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1). 5 Id.
18 15 U.S.C. 78s(b)(2)(B). 2 17 CFR 240.19b–4. 6 17 CFR 200.30–3(a)(31).

VerDate Sep<11>2014 19:25 Mar 02, 2018 Jkt 244001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1
Document Created: 2018-03-03 02:45:45
Document Modified: 2018-03-03 02:45:45
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 9349