Securities and Exchange Commission
- [Release No. 34-82503; File Nos. SR-BatsBYX-2017-11; SR-BatsBZX-2017-38; SR-BatsEDGA-2017-13; SR-BatsEDGX-2017-22; SR-BOX-2017-16; SR-BX-2017-023; SR-C2-2017-017; SR-CBOE-2017-040; SR-CHX-2017-08; SR-FINRA-2017-011; SR-GEMX-2017-17; SR-IEX-2017-16; SR-ISE-2017-45; SR-MIAX-2017-18; SR-MRX-2017-04; SR-NASDAQ-2017-046; SR-NYSE-2017-22; SR-NYSEArca-2017-52; SR-NYSEMKT-2017-26; SR-PEARL-2017-20; SR-PHLX-2017-37]
On May 1, 2017,[1] May 2, 2017,[2] May 3, 2017,[3] May 8, 2017,[4] May 9, 2017,[5] May 10, 2017,[6] May 12, 2017,[7] May 15, 2017,[8] May 16, 2017,[9] and May 23, 2017,[10] Bats BYX Exchange, Inc. (“Bats BYX”) (n/k/a Cboe BYX Exchange, Inc.),[11] Bats BZX Exchange, Inc. (“Bats BZX”) (n/k/a Cboe BZX Exchange, Inc.),[12] Bats EDGA Exchange, Inc. (“Bats EDGA”) (n/k/a Cboe EDGA Exchange, Inc.),[13] Bats EDGX Exchange, Inc. (“Bats EDGX”) (n/k/a Cboe EDGX Exchange, Inc.),[14] BOX Options Exchange LLC (“BOX”), C2 Options Exchange, Incorporated (“C2”) (n/k/a Cboe C2 Options Exchange, Inc.),[15] Chicago Board Options Exchange, Incorporated (“CBOE”) (n/k/a Cboe Exchange, Inc.),[16] Chicago Stock Exchange, Inc. (“CHX”), Financial Industry Regulatory Authority, Inc. (“FINRA”), Investors Exchange LLC (“IEX”), Nasdaq ISE, LLC (“ISE”), Miami International Securities Exchange, LLC (“MIAX”), MIAX PEARL, LLC (“PEARL”), Nasdaq BX, Inc. (“BX”), Nasdaq GEMX, LLC (“GEMX”), Nasdaq MRX, LLC (“MRX”), Nasdaq PHLX LLC (“Phlx”), The Nasdaq Stock Market LLC (“Nasdaq”), New York Stock Exchange LLC (“NYSE”), NYSE Arca, Inc. (“NYSE Arca”) and NYSE MKT LLC (“NYSE MKT”) (n/k/a NYSE American LLC) [17] (collectively, the “Participants”) filed with the Securities and Exchange Commission (the “Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) [18] and Rule 19b-4 thereunder,[19] proposed rule changes to adopt fees to be charged to Industry Members to fund the Consolidated Audit Trail (collectively the “Original Proposed Rule Changes”).[20] The Original Proposed Rule Changes were immediately effective upon filing with the Commission pursuant to Section 19(b)(3)(A) of the Act.[21] The proposed rule changes submitted by MIAX and PEARL were published for comment in the Federal Register on May 19, 2017.[22] The proposed rule changes submitted by BX, CHX, IEX, Nasdaq, NYSE, NYSE Arca and NYSE MKT were published for comment in the Federal Register on May 22, 2017.[23] The proposed rule change submitted by FINRA was published for comment in the Federal Register on May 23, 2017.[24] The proposed rule changes submitted by BOX, GEMX, ISE, MRX and Phlx were published for comment in the Federal Register on May 24, 2017.[25] The proposed rule changes submitted by C2, CBOE and Bats EDGA were published for comment in the Federal Register on June 1, 2017.[26] The proposed rule change submitted by Bats BYX was published for comment in the Federal ( printed page 3045) Register on June 5, 2017.[27] The proposed rule changes submitted by Bats BZX and Bats EDGX were published for comment in the Federal Register on June 6, 2017.[28] The Commission received seven comment letters on the Original Proposed Rule Changes,[29] and a response to comments from the Participants.[30] On June 30, 2017, the Commission temporarily suspended and initiated proceedings to determine whether to approve or disapprove the proposed rule changes.[31] The Commission thereafter received seven comment letters,[32] and a response to comments from the Participants.[33] On October 25, 2017,[34] October 31, 2017,[35] November 3, 2017,[36] November 6, 2017,[37] November 7, 2017,[38] November 9, 2017 [39] and December 1, 2017,[40] the Participants each filed an Amendment No. 1 to their Original Proposed Rule Changes that replaced and superseded the Original Proposed Rule Changes that had been temporarily suspended by the Commission. On November 9, 2017, the Commission extended the time period for Commission action on the proceedings to determine whether to approve or disapprove the proposed rule changes.[41] On November 29, 2017,[42] November 30, 2017,[43] December 1, 2017,[44] December 4, 2017,[45] December 5, 2017,[46] December 6, 2017 [47] and December 7, 2017,[48] the Participants, except FINRA, each filed Amendment No. 2 to their proposed rule changes.[49] The amended proposed rule changes submitted by CHX and FINRA were published for comment in the Federal Register on December 14, 2017.[50] The amended proposed rule changes submitted by PEARL, MIAX, IEX, NYSE, NYSE MKT, NYSE Arca, BOX, Bats EDGA, C2, CBOE, Bats BYX, Bats EDGX, Bats BZX, ISE, BX, Nasdaq, GEMX, MRX, and Phlx were published for comment in the Federal Register on December 14, 2017 [51] and December 15, 2017.[52] The Commission received two ( printed page 3046) comment letters on the amended proposed rule changes.[53]
On January 9, 2018, CHX, MIAX and PEARL withdrew their proposed rule changes (SR-CHX-2017-08; SR-MIAX-2017-18; SR-PEARL-2017-20). On January 10, 2018, Bats BYX, Bats BZX, Bats EDGA, Bats EDGX, BX, C2, CBOE, GEMX, IEX, ISE, MRX, Nasdaq and Phlx withdrew their proposed rule changes (SR-BatsBYX-2017-11; SR-BatsBZX-2017-38; SR-BatsEDGA-2017-13; SR-BatsEDGX-2017-22; SR-BX-2017-023; SR-C2-2017-017; SR-CBOE-2017-040; SR-GEMX-2017-17; SR-IEX-2017-16; SR-ISE-2017-45; SR-MRX-2017-04; SR-NASDAQ-2017-046; SR-PHLX-2017-37). On January 11, 2018, BOX, FINRA, NYSE, NYSE Arca, and NYSE MKT withdrew their proposed rule changes (SR-BOX-2017-16; SR-FINRA-2017-011; SR-NYSE-2017-22; SR-NYSEArca-2017-52; SR-NYSEMKT-2017-26).
( printed page 3044) January 16, 2018.For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.[54]
Eduardo A. Aleman,
Assistant Secretary.