Sunshine Act Meeting, 25029-25030 [2017-11281]
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Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices
impact of increment conventions on the
liquidity and trading of the common
stock of small-capitalization companies.
The Exchange believes that this
proposal is consistent with the Act and
Section VII(A) of the Plan because it
mitigates confidentiality concerns
regarding the identity of certain OTC
Trading Centers for which the Exchange
is the DEA.13
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange 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 notes that the proposed rule
change implements the provisions of the
Plan.
nlaroche on DSK30NT082PROD with NOTICES
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange asserts that the
proposed rule change: (1) Will not
significantly affect the protection of
investors or the public interest, (2) will
not impose any significant burden on
competition, and (3) and will not
become operative for 30 days from the
date on which it was filed, or such
shorter time as the Commission may
designate. In addition, the Exchange
provided the Commission with written
notice of its intent to file the proposed
rule change, along with a brief
description and text of the proposed
rule change, at least five business days
prior to the date of filing, or such
shorter time as designated by the
Commission.14
The Exchange believes that the
proposed rule change raises no novel
issues. The Exchange notes that the
proposed rule change is intended to
address the requirement in Section
VII(A) of the Plan that the data made
publicly available will not identify the
Trading Center that generated the data,
as well as the confidentiality concerns
raised in connection with the
publication of Appendix B data.15 The
Exchange also notes that the proposal
does not alter the information required
to be submitted to the SEC. As such, the
Exchange has designated this rule filing
supra note 9.
CFR 240.19b–4(f)(6)(iii).
15 See supra note 9.
as non-controversial under Section
19(b)(3)(A) of the Act 16 and paragraph
(f)(6) of Rule 19b–4 thereunder.17
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) of the Act to
determine whether the proposed rule
should be approved or disapproved.
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
CHX–2017–10 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–CHX–2017–10. This file
number should be included on 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 Web site (https://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 Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
13 See
14 17
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14:54 May 30, 2017
16 15
17 17
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U.S.C. 78s(b)(3)(A).
CFR 240.19b–4.
Frm 00096
Fmt 4703
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–CHX–
2017–10 and should be submitted on or
before June 21, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–11143 Filed 5–30–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a closed meeting
on Thursday, June 1, 2017 at 2 p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the closed meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
and 17 CFR 200.402(a)(3), (a)(5), (a)(7),
(a)(9)(ii) and (a)(10), permit
consideration of the scheduled matter at
the closed meeting.
Chairman Clayton, as duty officer,
voted to consider the items listed for the
closed meeting in closed session.
The subject matter of the closed
meeting will be:
Institution and settlement of
injunctive actions;
Institution and settlement of
administrative proceedings; and
Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed; please
contact Brent J. Fields from the Office of
the Secretary at (202) 551–5400.
18 17
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CFR 200.30–3(a)(12).
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Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices
Dated: May 25, 2017.
Brent J. Fields,
Secretary.
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
[FR Doc. 2017–11281 Filed 5–26–17; 11:15 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–80760; File No. SR–CBOE–
2017–042]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Relating to Market-Maker
Reports of Executed Orders
May 24, 2017.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on May 15,
2017, Chicago Board Options Exchange,
Incorporated (the ‘‘Exchange’’ or
‘‘CBOE’’) 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 Exchange. 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 delete and
amend outdated rule language
contained in Rule 8.9(b) related to
Market-Maker reports of executed
orders. The text of the proposed rule
change is available on the Exchange’s
Web site (https://www.cboe.com/About
CBOE/CBOELegalRegulatory
Home.aspx), at the Exchange’s Office of
the Secretary, and at the Commission’s
Public Reference Room.
nlaroche on DSK30NT082PROD with NOTICES
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
1 15
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
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14:54 May 30, 2017
Jkt 241001
1. Purpose
CBOE Rule 8.9(b) currently provides
that:
‘‘In a manner prescribed by the
Exchange, with respect to transactions
to be cleared into all accounts carried
for Market-Makers who are the subject
of a clearing firm Letter of Guarantee
issued pursuant to [CBOE] Rule 8.5,
each clearing firm shall, on the business
day following order entry date, report to
the Exchange every executed order
entered by the Market-Maker for the
purchase or sale of (i) a security
underlying options traded on the
Exchange or (ii) a security convertible
into or exchangeable for such
underlying security or (iii) a security
traded on the Exchange (including, with
respect to multiply listed securities,
orders sent to another exchange), as well
as opening and closing positions in all
such securities held in each such
account. If the clearing firm does not
report any executed order, upon the
request of the Exchange the MarketMaker who entered the order will be
responsible for reporting the order
information.’’
The Exchange is deleting this rule and
replacing it with a rule substantially
similar to that of the International
Securities Exchange, LLC [sic] (‘‘ISE’’);
ISE Gemini, LLC [sic] (‘‘ISE Gemini’’);
BATS Options Market (‘‘BZX’’); BOX
Options Exchange, LLC (‘‘BOX’’);
NASDAQ Options Market (‘‘NOM’’);
and NASDAQ OMX BX, Inc. (‘‘BX’’).3
The proposed rule change will result
in some specific changes. First of all,
Clearing Firms holding accounts for
Market-Makers subject to a clearing firm
letter of guarantee will no longer be
required to submit daily reports of
orders entered by those Market-Maker
accounts. In addition they will not be
required to submit daily position
reports. Instead, the proposed rule will
provide that orders, entered by MarketMakers for the purchase of (i) a security
underlying options traded on the
Exchange, or (ii) a security convertible
into or exchangeable for such
underlying security, as well as opening
and closing positions in all such
securities shall be provided to the
Exchange by Market-Makers upon
3 See ISE Rule 807(b); ISE Gemini Rule 807(b);
BZX Rule 22.7(b); BOX Rule 8060(b), NOM Rules
Chapter 7, Section 7(b); BX Rules Chapter 7, Section
7(b).
PO 00000
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Sfmt 4703
request in a form prescribed by the
Exchange. The obligation to provide
order and position reports will be on the
individual Market-Makers (as opposed
to the clearing firms) and will only be
required on an as needed basis.
Previously, Market-Makers were
responsible for reporting order
information, when requested by the
Exchange, if the clearing firm did not
report on an executed order.
The proposed rule is also eliminating
any requirement that either a MarketMaker or clearing firm provide order or
positon reports for securities traded on
the Exchange. The requirement to
provide order or position reports for
securities traded on the Exchange has
been removed completely and this
information will not be required even
on an as needed basis pursuant to
proposed Rule 8.9(b). ‘‘Securities traded
on the Exchange’’ was a reference to
when non-options transactions were
traded on the CBOE. The CBOE deleted
its rules related to non-options
transactions on the Exchange in 2008.4
Accordingly, the requirement to provide
order or position reports for securities
traded on the Exchange is obsolete.
Finally, the proposed rule outlines the
form of the order reports to be provided
by Market-Makers upon request. The
proposed rule will require that the
reports pertaining to orders must
include the terms of each order,
identification of the brokerage firms
through which the orders were entered,
the times of entry or cancellation, the
times reports of execution were received
and, if all or part of the order was
executed, the quantity and execution
price.
The Exchange believes current Rule
8.9(b) is outdated and operationally
obsolete. The Exchange does not
currently use the daily order and
position reports from clearing firms. The
daily order and position reports from
clearing firms are no longer needed to
conduct any routine regulatory
surveillances or examinations or fulfill
any other of the Exchange’s regulatory
obligations. Any regulatory surveillance
or examination that previously used the
daily order and position reports can be
operated without the information due to
the development of effective
workarounds. As such, the rule, as
currently written, presents an undue
burden on clearing firms and MarketMakers.
4 See Securities Exchange Act Release No. 58771
(October 10, 2008), 73 FR 62350 (October 20, 2008)
(SR–CBOE–2008–101).
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31MYN1
Agencies
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Notices]
[Pages 25029-25030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11281]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a closed meeting on Thursday, June 1,
2017 at 2 p.m.
Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the closed meeting.
Certain staff members who have an interest in the matters also may be
present.
The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit
consideration of the scheduled matter at the closed meeting.
Chairman Clayton, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
The subject matter of the closed meeting will be:
Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings; and
Other matters relating to enforcement proceedings.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
For further information and to ascertain what, if any, matters have
been added, deleted or postponed; please contact Brent J. Fields from
the Office of the Secretary at (202) 551-5400.
[[Page 25030]]
Dated: May 25, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2017-11281 Filed 5-26-17; 11:15 am]
BILLING CODE 8011-01-P