Order Granting Application by C2 Options Exchange, Incorporated for an Exemption Pursuant to Section 36(a) of the Exchange Act From the Rule Filing Requirements of Section 19(b) of the Exchange Act With Respect to Certain Rules Incorporated by Reference, 16442-16443 [2017-06571]

Download as PDF 16442 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices Day Event/activity A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI or SGI contentions by that later deadline. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. (Answer receipt +7) Petitioner/Intervenor reply to answers. Decision on contention admission. A + 53 ...... A + 60 ...... >A + 60 .... SECURITIES AND EXCHANGE COMMISSION [FR Doc. 2017–06625 Filed 4–3–17; 8:45 am] BILLING CODE 7590–01–P [Release No. 34–80339] RAILROAD RETIREMENT BOARD Actuarial Advisory Committee With Respect to the Railroad Retirement Account; Notice of Public Meeting Notice is hereby given in accordance with Public Law 92–463 that the Actuarial Advisory Committee will hold a meeting on May 4, 2017 at 10:00 a.m. at the office of the Chief Actuary of the U.S. Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois, on the conduct of the 27th Actuarial Valuation of the Railroad Retirement System. The agenda for this meeting will include a discussion of the assumptions to be used in the 27th Actuarial Valuation. A report containing recommended assumptions and the experience on which the recommendations are based will have been sent by the Chief Actuary to the Committee before the meeting. The meeting will be open to the public. Persons wishing to submit written statements or make oral presentations should address their communications or notices to the Actuarial Advisory Committee, c/o Chief Actuary, U.S. Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611–2092. Dated: March 30, 2017. For the Board. Martha P. Rico, Secretary to the Board. [FR Doc. 2017–06623 Filed 4–3–17; 8:45 am] asabaliauskas on DSK3SPTVN1PROD with NOTICES BILLING CODE 7905–01–P Order Granting Application by C2 Options Exchange, Incorporated for an Exemption Pursuant to Section 36(a) of the Exchange Act From the Rule Filing Requirements of Section 19(b) of the Exchange Act With Respect to Certain Rules Incorporated by Reference March 29, 2017. C2 Options Exchange, Incorporated (‘‘C2’’ or ‘‘Exchange’’) has filed with the Securities and Exchange Commission (‘‘Commission’’) an application for an exemption under Section 36(a)(1) of the Securities Exchange Act of 1934 (‘‘Exchange Act’’) 1 from the rule filing requirements of Section 19(b) of the Exchange Act 2 with respect to certain rules of the Chicago Board Options Exchange, Incorporated (‘‘CBOE’’) that the Exchange seeks to incorporate by reference. Section 36 of the Exchange Act authorizes the Commission to conditionally or unconditionally exempt any person, security, or transaction, or any class thereof, from any provision of the Exchange Act or rule thereunder, if necessary or appropriate in the public interest and consistent with the protection of investors. Both C2 and CBOE are Participants in the National Market System Plan Governing the Consolidated Audit Trail (‘‘CAT NMS Plan’’ or ‘‘Plan’’).3 Each Participant in the CAT NMS Plan is required to enforce compliance by its members with the provisions of the Plan by adopting a ‘‘Compliance Rule’’ applicable to its members.4 On January 30, 2017, CBOE filed a proposed rule change with the Commission to adopt new Section F to Chapter VI of its rules to implement the CAT Compliance 1 15 U.S.C. 78mm(a)(1). U.S.C. 78s(b). 3 See Securities Exchange Act Release No. 79318 (November 15, 2016), 81 FR 84696 (November 23, 2016) (‘‘CAT NMS Plan Approval Order’’). All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the CAT NMS Plan or CAT NMS Plan Approval Order. 4 Id. at 84945, 84950. 2 15 VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 Rule.5 On the same day, C2 filed a proposed rule change with the Commission to incorporate by reference, in new Section F of Chapter 6 of its rules, the rules contained in Section F of Chapter VI of CBOE’s rules.6 C2 has requested, pursuant to Rule 0– 12 under the Exchange Act,7 that the Commission grant the Exchange an exemption from the rule filing requirements of Section 19(b) of the Exchange Act for changes to Section F of Chapter 6 of C2’s rules that are effected solely by virtue of a change to Section F of Chapter VI of CBOE’s rules. Specifically, C2 requests that it be permitted to incorporate by reference changes made to Section F of Chapter VI of CBOE’s rules 8 without the need for C2 to file separately the same proposed rule changes pursuant to Section 19(b) of the Exchange Act.9 By virtue of these incorporations by reference, the requirements applicable to C2 Permit Holders 10 will change when the applicable CBOE rules change, without the need for C2 to file separately the same proposed rule changes pursuant to Section 19(b) of the Exchange Act.11 The Exchange represents that Section F of Chapter 6 is a category of Exchange rules (rather than individual rules within a category) that are not trading rules, and that the incorporation by reference of CBOE Chapter VI, Section F, which are regulatory rules, is intended to be a comprehensive 5 See Securities Exchange Act Release No. 79950 (February 2, 2017), 82 FR 9916 (February 8, 2017). 6 See Securities Exchange Act Release No. 79953 (February 3, 2017), 82 FR 10034 (February 9, 2017). CBOE and C2’s proposed rule changes were approved by the Commission on March 15, 2017. See Securities Exchange Act Release No. 80256, 82 FR 14526 (March 21, 2017). 7 17 CFR 240.0–12. 8 C2 Chapter 6, Section F states: ‘‘The rules contained in Section F of CBOE Chapter VI relating to the Consolidated Audit Trail (CAT) Compliance Rule, as such rules may be in effect from time to time, shall apply to C2 and are hereby incorporated into this Chapter.’’ 9 See Letter from Laura G. Dickman, Lead Counsel, CBOE, to Brent J. Fields, Secretary, Commission, dated January 30, 2017 (‘‘C2 Letter’’). 10 ‘‘Permit Holder’’ means ‘‘the Exchange recognized holder of a Trading Permit. A Permit Holder is also known as a Trading Permit Holder under the Bylaws. Permit Holders are deemed ‘members’ under the Exchange Act.’’ C2 Rule 1.1. 11 C2 Letter, supra note 8. E:\FR\FM\04APN1.SGM 04APN1 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES integration of the relevant CBOE rules into C2’s rules. The Exchange has agreed to provide written notice to its members whenever CBOE proposes a change to a CBOE rule that the Exchange has incorporated by reference.12 The Exchange believes this exemption is necessary and appropriate to maintain consistency between C2 rules and the relevant CBOE rules, thus helping to ensure identical regulation of C2 Permit Holders that are also CBOE Trading Permit Holders 13 with respect to the incorporated provisions as well as helping to ensure that C2-only Permit Holders are subject to consistent regulation as CBOE Trading Permit Holders.14 The Exchange believes that, without such an exemption, such Permit Holders could be subject to two different standards.15 The Commission has issued exemptions similar to the Exchange’s request.16 In granting one such exemption in 2010, the Commission repeated a prior, 2004 Commission statement that it would consider similar future exemption requests from other self-regulatory organizations (‘‘SROs’’), provided that: • An SRO wishing to incorporate rules of another SRO by reference has submitted a written request for an order exempting it from the requirement in Section 19(b) of the Exchange Act to file proposed rule changes relating to the 12 The Exchange will provide this notice by posting on its Web site, at the same location as it posts its own rule filings as required by Rule 19b– 4(l), a link to the location on CBOE’s Web site where the proposed rule change is posted. Id. 13 ‘‘Trading Permit Holder’’ means ‘‘any individual, corporation, partnership, limited liability company or other entity authorized by the Rules that holds a Trading Permit . . . A Trading Permit Holder is a ‘member’ solely for purposes of the [Exchange] Act.’’ See CBOE Rule 1.1 (citing Section 1.1 of CBOE Bylaws). 14 C2 Letter, supra note 8. 15 Id. 16 See, e.g., Securities Exchange Act Release Nos. 72650 (July 22, 2014), 79 FR 44075 (July 29, 2014) (order granting exemptive requests from NASDAQ OMX BX, Inc. and the NASDAQ Stock Market LLC relating to rules of NASDAQ OMX PHLX LLC incorporated by reference); 67256 (June 26, 2012), 77 FR 39277, 39286 (July 2, 2012) (order approving SR–BX–2012–030 and granting exemptive request relating to rules incorporated by reference by the BX Options rules); 61534 (February 18, 2010), 75 FR 8760 (February 25, 2010) (order granting BATS Exchange, Inc.’s exemptive request relating to rules incorporated by reference by the BATS Exchange Options Market rules) (‘‘BATS Options Market Order’’); 67256 (June 26, 2012), 77 FR 39277, 39286 (July 2, 2012) (order approving SR–BX–2012–030 and granting exemptive request relating to rules incorporated by reference by the BX Options rules); and 57478 (March 12, 2008), 73 FR 14521, 14539– 40 (March 18, 2008) (order approving SR– NASDAQ–2007–004 and SR–NASDAQ–2007–080, and granting exemptive request relating to rules incorporated by reference by The NASDAQ Options Market). VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 rules incorporated by reference, has identified the applicable originating SRO(s), together with the rules it wants to incorporate by reference, and otherwise has complied with the procedural requirements set forth in the Commission’s release governing procedures for requesting exemptive orders pursuant to Rule 0–12 under the Exchange Act; 17 • The incorporating SRO has requested incorporation of categories of rules (rather than individual rules within a category) that are not trading rules (e.g., the SRO has requested incorporation of rules such as margin, suitability, or arbitration); and • The incorporating SRO has reasonable procedures in place to provide written notice to its members each time a change is proposed to the incorporated rules of another SRO.18 The Commission believes that the Exchange has satisfied each of these conditions. The Commission also believes that granting the Exchange an exemption from the rule filing requirements under Section 19(b) of the Exchange Act will promote efficient use of Commission and Exchange resources by avoiding duplicative rule filings based on simultaneous changes to identical rule text sought by more than one SRO.19 The Commission therefore finds it appropriate in the public interest and consistent with the protection of investors to exempt the Exchange from the rule filing requirements under Section 19(b) of the Exchange Act with respect to the abovedescribed rules it has incorporated by reference. This exemption is conditioned upon the Exchange promptly providing written notice to its members whenever CBOE changes a rule that the Exchange has incorporated by reference. Accordingly, it is ordered, pursuant to Section 36 of the Exchange Act,20 that the Exchange is exempt from the rule filing requirements of Section 19(b) of the Exchange Act solely with respect to changes to the rules identified in its request that incorporate by reference 17 See 17 CFR 240.0–12 and Securities Exchange Act Release No. 39624 (February 5, 1998), 63 FR 8101 (February 18, 1998) (‘‘Commission Procedures for Filing Applications for Orders for Exemptive Relief Pursuant to Section 36 of the Exchange Act; Final Rule’’). 18 See BATS Options Market Order, supra note 15 (citing Securities Exchange Act Release No. 49260 (February 17, 2004), 69 FR 8500 (February 24, 2004) (order granting exemptive request relating to rules incorporated by reference by several SROs) (‘‘2004 Order’’)). 19 See BATS Options Market Order, supra note 15, 75 FR at 8761; see also 2004 Order, supra note 17, 69 FR at 8502. 20 15 U.S.C. 78mm. PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 16443 certain CBOE rules that are the result of changes to such CBOE rules, provided that the Exchange promptly provides written notice to its members whenever CBOE proposes to change a rule that the Exchange has incorporated by reference. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.21 Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017–06571 Filed 4–3–17; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–80329; File No. SR– NYSEArca–2017–17] Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving Proposed Rule Change To Amend Rule 6.37B Regarding Market Maker Quotations, Including To Adopt a Market Maker Light Only Quotation March 29, 2017. I. Introduction On February 10, 2017, NYSE Arca, Inc. (the ‘‘Exchange’’) 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 amend Rule 6.37B regarding Market Maker Quotations, including to adopt a Market Maker Light Only Quotation. The proposed rule change was published for comment in the Federal Register on February 27, 2017.3 The Commission received no comment letters on the proposed rule change. This order approves the proposed rule change. II. Description of the Proposed Rule Change The Exchange proposes to amend Rule 6.37B(a), which provides that a Market Maker may enter quotes in the option issues included in its appointment, to define a Market Maker ‘‘quote,’’ add a new quote type, and specify how such quotes would be processed when a series is open for trading. First, the Exchange proposes to define a Market Maker quote to provide that ‘‘[t]he term ‘quote’ or ‘quotation’ means a bid or offer entered by a Market Maker 21 17 CFR 200.30–3(a)(76). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 80072 (February 21, 2017), 82 FR 11964 (‘‘Notice’’). 1 15 E:\FR\FM\04APN1.SGM 04APN1

Agencies

[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16442-16443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06571]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80339]


Order Granting Application by C2 Options Exchange, Incorporated 
for an Exemption Pursuant to Section 36(a) of the Exchange Act From the 
Rule Filing Requirements of Section 19(b) of the Exchange Act With 
Respect to Certain Rules Incorporated by Reference

March 29, 2017.
    C2 Options Exchange, Incorporated (``C2'' or ``Exchange'') has 
filed with the Securities and Exchange Commission (``Commission'') an 
application for an exemption under Section 36(a)(1) of the Securities 
Exchange Act of 1934 (``Exchange Act'') \1\ from the rule filing 
requirements of Section 19(b) of the Exchange Act \2\ with respect to 
certain rules of the Chicago Board Options Exchange, Incorporated 
(``CBOE'') that the Exchange seeks to incorporate by reference. Section 
36 of the Exchange Act authorizes the Commission to conditionally or 
unconditionally exempt any person, security, or transaction, or any 
class thereof, from any provision of the Exchange Act or rule 
thereunder, if necessary or appropriate in the public interest and 
consistent with the protection of investors.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78mm(a)(1).
    \2\ 15 U.S.C. 78s(b).
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    Both C2 and CBOE are Participants in the National Market System 
Plan Governing the Consolidated Audit Trail (``CAT NMS Plan'' or 
``Plan'').\3\ Each Participant in the CAT NMS Plan is required to 
enforce compliance by its members with the provisions of the Plan by 
adopting a ``Compliance Rule'' applicable to its members.\4\ On January 
30, 2017, CBOE filed a proposed rule change with the Commission to 
adopt new Section F to Chapter VI of its rules to implement the CAT 
Compliance Rule.\5\ On the same day, C2 filed a proposed rule change 
with the Commission to incorporate by reference, in new Section F of 
Chapter 6 of its rules, the rules contained in Section F of Chapter VI 
of CBOE's rules.\6\
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    \3\ See Securities Exchange Act Release No. 79318 (November 15, 
2016), 81 FR 84696 (November 23, 2016) (``CAT NMS Plan Approval 
Order''). All capitalized terms not otherwise defined herein shall 
have the meaning ascribed to them in the CAT NMS Plan or CAT NMS 
Plan Approval Order.
    \4\ Id. at 84945, 84950.
    \5\ See Securities Exchange Act Release No. 79950 (February 2, 
2017), 82 FR 9916 (February 8, 2017).
    \6\ See Securities Exchange Act Release No. 79953 (February 3, 
2017), 82 FR 10034 (February 9, 2017). CBOE and C2's proposed rule 
changes were approved by the Commission on March 15, 2017. See 
Securities Exchange Act Release No. 80256, 82 FR 14526 (March 21, 
2017).
---------------------------------------------------------------------------

    C2 has requested, pursuant to Rule 0-12 under the Exchange Act,\7\ 
that the Commission grant the Exchange an exemption from the rule 
filing requirements of Section 19(b) of the Exchange Act for changes to 
Section F of Chapter 6 of C2's rules that are effected solely by virtue 
of a change to Section F of Chapter VI of CBOE's rules. Specifically, 
C2 requests that it be permitted to incorporate by reference changes 
made to Section F of Chapter VI of CBOE's rules \8\ without the need 
for C2 to file separately the same proposed rule changes pursuant to 
Section 19(b) of the Exchange Act.\9\ By virtue of these incorporations 
by reference, the requirements applicable to C2 Permit Holders \10\ 
will change when the applicable CBOE rules change, without the need for 
C2 to file separately the same proposed rule changes pursuant to 
Section 19(b) of the Exchange Act.\11\
---------------------------------------------------------------------------

    \7\ 17 CFR 240.0-12.
    \8\ C2 Chapter 6, Section F states: ``The rules contained in 
Section F of CBOE Chapter VI relating to the Consolidated Audit 
Trail (CAT) Compliance Rule, as such rules may be in effect from 
time to time, shall apply to C2 and are hereby incorporated into 
this Chapter.''
    \9\ See Letter from Laura G. Dickman, Lead Counsel, CBOE, to 
Brent J. Fields, Secretary, Commission, dated January 30, 2017 (``C2 
Letter'').
    \10\ ``Permit Holder'' means ``the Exchange recognized holder of 
a Trading Permit. A Permit Holder is also known as a Trading Permit 
Holder under the Bylaws. Permit Holders are deemed `members' under 
the Exchange Act.'' C2 Rule 1.1.
    \11\ C2 Letter, supra note 8.
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    The Exchange represents that Section F of Chapter 6 is a category 
of Exchange rules (rather than individual rules within a category) that 
are not trading rules, and that the incorporation by reference of CBOE 
Chapter VI, Section F, which are regulatory rules, is intended to be a 
comprehensive

[[Page 16443]]

integration of the relevant CBOE rules into C2's rules. The Exchange 
has agreed to provide written notice to its members whenever CBOE 
proposes a change to a CBOE rule that the Exchange has incorporated by 
reference.\12\
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    \12\ The Exchange will provide this notice by posting on its Web 
site, at the same location as it posts its own rule filings as 
required by Rule 19b-4(l), a link to the location on CBOE's Web site 
where the proposed rule change is posted. Id.
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    The Exchange believes this exemption is necessary and appropriate 
to maintain consistency between C2 rules and the relevant CBOE rules, 
thus helping to ensure identical regulation of C2 Permit Holders that 
are also CBOE Trading Permit Holders \13\ with respect to the 
incorporated provisions as well as helping to ensure that C2-only 
Permit Holders are subject to consistent regulation as CBOE Trading 
Permit Holders.\14\ The Exchange believes that, without such an 
exemption, such Permit Holders could be subject to two different 
standards.\15\
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    \13\ ``Trading Permit Holder'' means ``any individual, 
corporation, partnership, limited liability company or other entity 
authorized by the Rules that holds a Trading Permit . . . A Trading 
Permit Holder is a `member' solely for purposes of the [Exchange] 
Act.'' See CBOE Rule 1.1 (citing Section 1.1 of CBOE Bylaws).
    \14\ C2 Letter, supra note 8.
    \15\ Id.
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    The Commission has issued exemptions similar to the Exchange's 
request.\16\ In granting one such exemption in 2010, the Commission 
repeated a prior, 2004 Commission statement that it would consider 
similar future exemption requests from other self-regulatory 
organizations (``SROs''), provided that:
---------------------------------------------------------------------------

    \16\ See, e.g., Securities Exchange Act Release Nos. 72650 (July 
22, 2014), 79 FR 44075 (July 29, 2014) (order granting exemptive 
requests from NASDAQ OMX BX, Inc. and the NASDAQ Stock Market LLC 
relating to rules of NASDAQ OMX PHLX LLC incorporated by reference); 
67256 (June 26, 2012), 77 FR 39277, 39286 (July 2, 2012) (order 
approving SR-BX-2012-030 and granting exemptive request relating to 
rules incorporated by reference by the BX Options rules); 61534 
(February 18, 2010), 75 FR 8760 (February 25, 2010) (order granting 
BATS Exchange, Inc.'s exemptive request relating to rules 
incorporated by reference by the BATS Exchange Options Market rules) 
(``BATS Options Market Order''); 67256 (June 26, 2012), 77 FR 39277, 
39286 (July 2, 2012) (order approving SR-BX-2012-030 and granting 
exemptive request relating to rules incorporated by reference by the 
BX Options rules); and 57478 (March 12, 2008), 73 FR 14521, 14539-40 
(March 18, 2008) (order approving SR-NASDAQ-2007-004 and SR-NASDAQ-
2007-080, and granting exemptive request relating to rules 
incorporated by reference by The NASDAQ Options Market).
---------------------------------------------------------------------------

     An SRO wishing to incorporate rules of another SRO by 
reference has submitted a written request for an order exempting it 
from the requirement in Section 19(b) of the Exchange Act to file 
proposed rule changes relating to the rules incorporated by reference, 
has identified the applicable originating SRO(s), together with the 
rules it wants to incorporate by reference, and otherwise has complied 
with the procedural requirements set forth in the Commission's release 
governing procedures for requesting exemptive orders pursuant to Rule 
0-12 under the Exchange Act; \17\
---------------------------------------------------------------------------

    \17\ See 17 CFR 240.0-12 and Securities Exchange Act Release No. 
39624 (February 5, 1998), 63 FR 8101 (February 18, 1998) 
(``Commission Procedures for Filing Applications for Orders for 
Exemptive Relief Pursuant to Section 36 of the Exchange Act; Final 
Rule'').
---------------------------------------------------------------------------

     The incorporating SRO has requested incorporation of 
categories of rules (rather than individual rules within a category) 
that are not trading rules (e.g., the SRO has requested incorporation 
of rules such as margin, suitability, or arbitration); and
     The incorporating SRO has reasonable procedures in place 
to provide written notice to its members each time a change is proposed 
to the incorporated rules of another SRO.\18\
---------------------------------------------------------------------------

    \18\ See BATS Options Market Order, supra note 15 (citing 
Securities Exchange Act Release No. 49260 (February 17, 2004), 69 FR 
8500 (February 24, 2004) (order granting exemptive request relating 
to rules incorporated by reference by several SROs) (``2004 
Order'')).
---------------------------------------------------------------------------

    The Commission believes that the Exchange has satisfied each of 
these conditions. The Commission also believes that granting the 
Exchange an exemption from the rule filing requirements under Section 
19(b) of the Exchange Act will promote efficient use of Commission and 
Exchange resources by avoiding duplicative rule filings based on 
simultaneous changes to identical rule text sought by more than one 
SRO.\19\ The Commission therefore finds it appropriate in the public 
interest and consistent with the protection of investors to exempt the 
Exchange from the rule filing requirements under Section 19(b) of the 
Exchange Act with respect to the above-described rules it has 
incorporated by reference. This exemption is conditioned upon the 
Exchange promptly providing written notice to its members whenever CBOE 
changes a rule that the Exchange has incorporated by reference.
---------------------------------------------------------------------------

    \19\ See BATS Options Market Order, supra note 15, 75 FR at 
8761; see also 2004 Order, supra note 17, 69 FR at 8502.
---------------------------------------------------------------------------

    Accordingly, it is ordered, pursuant to Section 36 of the Exchange 
Act,\20\ that the Exchange is exempt from the rule filing requirements 
of Section 19(b) of the Exchange Act solely with respect to changes to 
the rules identified in its request that incorporate by reference 
certain CBOE rules that are the result of changes to such CBOE rules, 
provided that the Exchange promptly provides written notice to its 
members whenever CBOE proposes to change a rule that the Exchange has 
incorporated by reference.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78mm.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
Eduardo A. Aleman,
Assistant Secretary.
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    \21\ 17 CFR 200.30-3(a)(76).
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[FR Doc. 2017-06571 Filed 4-3-17; 8:45 am]
 BILLING CODE 8011-01-P