Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Designation of Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change, as Modified by Amendment Nos. 1 and 2 Thereto, To Adopt Rules for an Open-Outcry Trading Floor, 23935 [2017-10587]

Download as PDF Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices SECURITIES AND EXCHANGE COMMISSION [Release No. 34–80719; File No. SR–BOX– 2016–48] Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Designation of Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change, as Modified by Amendment Nos. 1 and 2 Thereto, To Adopt Rules for an OpenOutcry Trading Floor May 18, 2017. On November 16, 2016, BOX Options Exchange LLC (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 adopt rules for an open-outcry trading floor. The proposed rule change was published for comment in the Federal Register on December 05, 2016.3 The Commission received three comment letters in response to the publication of the Notice.4 On January 10, 2017, the Commission extended the time period within which to approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether to approve or disapprove the proposed rule change to March 05, 2017.5 On February 21, 2017, the Commission received a response letter from the Exchange, as well as Amendment No. 1 to the proposed rule change.6 On March 1, 2017, the Commission instituted proceedings to determine whether to approve or disapprove the proposed rule change, as modified by Amendment No. 1.7 In response to the OIP, the Commission received five additional comment letters.8 On May 17, 2017, the 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 See Securities Exchange Act Release No. 79421 (November 29, 2016), 81 FR 87607 (‘‘Notice’’). 4 See letters to Brent J. Fields, Secretary, Commission, from Angelo Evangelou, Deputy General Counsel, The Chicago Board Options Exchange, Inc. (‘‘CBOE’’), dated January 10, 2017; Steve Crutchfield, Head of Market Structure, CTC Trading Group, LLC (‘‘CTC Trading’’), dated December 31, 2016; and Joan C. Conley, Senior Vice President and Corporate Secretary, The Nasdaq Stock Market LLC (‘‘Nasdaq’’), dated December 22, 2016. 5 See Securities Exchange Act Release No. 79768, 82 FR 4956 (January 17, 2017). 6 See letter to Brent J. Fields, Secretary, Commission, from Lisa J. Fall, President, Exchange, received February 21, 2017, and Amendment No. 1, dated February 21, 2017. 7 See Securities Exchange Act Release No. 80134, 82 FR 12864 (March 7, 2017) (‘‘OIP’’). 8 See letters to Brent J. Fields, Secretary, Commission, from Angelo Evangelou, Deputy asabaliauskas on DSK3SPTVN1PROD with NOTICES 2 17 VerDate Sep<11>2014 19:43 May 23, 2017 Jkt 241001 Exchange filed Amendment No. 2 to the proposed rule change, which replaced and superseded the original filing, as modified by Amendment No. 1, in its entirety.9 Section 19(b)(2) of the Act 10 provides that, after initiating proceedings, the Commission shall issue an order approving or disapproving the proposed rule change not later than 180 days after the date of publication of notice of filing of the proposed rule change. The Commission may extend the period for issuing an order approving or disapproving the proposed rule change, however, by not more than 60 days if the Commission determines that a longer period is appropriate and publishes the reasons for such determination. The proposed rule change was published for notice and comment in the Federal Register on December 05, 2016.11 June 3, 2017 is 180 days from that date, and August 2, 2017 is 240 days from that date. The Commission finds it appropriate to designate a longer period within which to issue an order approving or disapproving the proposed rule change so that it has sufficient time to consider the proposed rule change, as modified by Amendment Nos. 1 and 2, the issues raised in the comment letters that have been submitted in connection therewith, and the Exchange’s Response to comments. Accordingly, the Commission, pursuant to Section 19(b)(2) of the Act,12 designates August 2, 2017 as the date by which the Commission should either approve or disapprove the proposed rule change, as modified by Amendment Nos. 1 and 2 (File No SR–BOX–2016–48). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13 Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017–10587 Filed 5–23–17; 8:45 am] BILLING CODE 8011–01–P General Counsel, CBOE, dated April 21, 2017; Steve Crutchfield, Head of Market Structure, CTC Trading, dated April 13, 2017; John Kinahan, CEO, Group One Trading, LP, dated April 11, 2017; Elizabeth King, General Counsel and Corporate Secretary, New York Stock Exchange, dated March 28, 2017; and Joan C. Conley, Senior Vice President and Corporate Secretary, Nasdaq, dated March 27, 2017. 9 See Amendment No. 2, dated May 17, 2017, which is being published for notice and comment. See Securities Exchange Act Release No. 80720 (May 18, 2017). 10 15 U.S.C. 78s(b)(2). 11 See Notice, supra note 3. 12 15 U.S.C. 78s(b)(2). 13 17 CFR 200.30–3(a)(57). PO 00000 Frm 00164 Fmt 4703 Sfmt 4703 23935 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–80725; File No. SR–PHLX– 2017–37] Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange’s Pricing Schedule at Section XIV May 18, 2017. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’ or ‘‘Exchange Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on May 12, 2017, NASDAQ PHLX LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange.3 The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to adopt a fee schedule to establish the fees for Industry Members related to the National Market System Plan Governing the Consolidated Audit Trail (the ‘‘CAT NMS Plan’’ or ‘‘Plan’’) at Section XIV of the Phlx Pricing Schedule. The text of the proposed rule change is available on the Exchange’s Web site at https://nasdaqphlx.cchwallstreet .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 Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange 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 Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 The Exchange originally filed the proposed rule change on May 3, 2017 under File No. SR–PHLX– 2017–35. The Exchange subsequently withdrew that filing on May 12, 2017 and filed this proposed rule change. 2 17 E:\FR\FM\24MYN1.SGM 24MYN1

Agencies

[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Page 23935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10587]



[[Page 23935]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80719; File No. SR-BOX-2016-48]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Designation of Longer Period for Commission Action on Proceedings To 
Determine Whether To Approve or Disapprove a Proposed Rule Change, as 
Modified by Amendment Nos. 1 and 2 Thereto, To Adopt Rules for an Open-
Outcry Trading Floor

May 18, 2017.
    On November 16, 2016, BOX Options Exchange LLC (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 
adopt rules for an open-outcry trading floor. The proposed rule change 
was published for comment in the Federal Register on December 05, 
2016.\3\ The Commission received three comment letters in response to 
the publication of the Notice.\4\ On January 10, 2017, the Commission 
extended the time period within which to approve the proposed rule 
change, disapprove the proposed rule change, or institute proceedings 
to determine whether to approve or disapprove the proposed rule change 
to March 05, 2017.\5\ On February 21, 2017, the Commission received a 
response letter from the Exchange, as well as Amendment No. 1 to the 
proposed rule change.\6\ On March 1, 2017, the Commission instituted 
proceedings to determine whether to approve or disapprove the proposed 
rule change, as modified by Amendment No. 1.\7\ In response to the OIP, 
the Commission received five additional comment letters.\8\ On May 17, 
2017, the Exchange filed Amendment No. 2 to the proposed rule change, 
which replaced and superseded the original filing, as modified by 
Amendment No. 1, in its entirety.\9\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 79421 (November 29, 
2016), 81 FR 87607 (``Notice'').
    \4\ See letters to Brent J. Fields, Secretary, Commission, from 
Angelo Evangelou, Deputy General Counsel, The Chicago Board Options 
Exchange, Inc. (``CBOE''), dated January 10, 2017; Steve 
Crutchfield, Head of Market Structure, CTC Trading Group, LLC (``CTC 
Trading''), dated December 31, 2016; and Joan C. Conley, Senior Vice 
President and Corporate Secretary, The Nasdaq Stock Market LLC 
(``Nasdaq''), dated December 22, 2016.
    \5\ See Securities Exchange Act Release No. 79768, 82 FR 4956 
(January 17, 2017).
    \6\ See letter to Brent J. Fields, Secretary, Commission, from 
Lisa J. Fall, President, Exchange, received February 21, 2017, and 
Amendment No. 1, dated February 21, 2017.
    \7\ See Securities Exchange Act Release No. 80134, 82 FR 12864 
(March 7, 2017) (``OIP'').
    \8\ See letters to Brent J. Fields, Secretary, Commission, from 
Angelo Evangelou, Deputy General Counsel, CBOE, dated April 21, 
2017; Steve Crutchfield, Head of Market Structure, CTC Trading, 
dated April 13, 2017; John Kinahan, CEO, Group One Trading, LP, 
dated April 11, 2017; Elizabeth King, General Counsel and Corporate 
Secretary, New York Stock Exchange, dated March 28, 2017; and Joan 
C. Conley, Senior Vice President and Corporate Secretary, Nasdaq, 
dated March 27, 2017.
    \9\ See Amendment No. 2, dated May 17, 2017, which is being 
published for notice and comment. See Securities Exchange Act 
Release No. 80720 (May 18, 2017).
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    Section 19(b)(2) of the Act \10\ provides that, after initiating 
proceedings, the Commission shall issue an order approving or 
disapproving the proposed rule change not later than 180 days after the 
date of publication of notice of filing of the proposed rule change. 
The Commission may extend the period for issuing an order approving or 
disapproving the proposed rule change, however, by not more than 60 
days if the Commission determines that a longer period is appropriate 
and publishes the reasons for such determination. The proposed rule 
change was published for notice and comment in the Federal Register on 
December 05, 2016.\11\ June 3, 2017 is 180 days from that date, and 
August 2, 2017 is 240 days from that date.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).
    \11\ See Notice, supra note 3.
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period 
within which to issue an order approving or disapproving the proposed 
rule change so that it has sufficient time to consider the proposed 
rule change, as modified by Amendment Nos. 1 and 2, the issues raised 
in the comment letters that have been submitted in connection 
therewith, and the Exchange's Response to comments. Accordingly, the 
Commission, pursuant to Section 19(b)(2) of the Act,\12\ designates 
August 2, 2017 as the date by which the Commission should either 
approve or disapprove the proposed rule change, as modified by 
Amendment Nos. 1 and 2 (File No SR-BOX-2016-48).
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    \12\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(57).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10587 Filed 5-23-17; 8:45 am]
 BILLING CODE 8011-01-P
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