Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Designation of Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change in Connection With the Proposed Transaction Involving CHX Holdings, Inc. and North America Casin Holdings, Inc., 26966-26967 [2017-12042]
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26966
Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Notices
Register or up to 90 days (i) as the
Commission may designate if it finds
such longer period to be appropriate
and publishes its reasons for so finding
or (ii) as to which the self-regulatory
organization consents, the Commission
will:
(A) By order approve or disapprove
the proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be 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:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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–
NYSE–2017–08 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–NYSE–2017–08. 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
10:00 a.m. and 3:00 p.m. Copies of such
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
VerDate Sep<11>2014
17:28 Jun 09, 2017
Jkt 241001
information that you wish to make
available publicly. All submissions
should refer to File Number SR–NYSE–
2017–08, and should be submitted on or
before July 3, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Brent J. Fields,
Secretary.
[FR Doc. 2017–12040 Filed 6–9–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–80864; File No. SR–CHX–
2016–20]
Self-Regulatory Organizations;
Chicago Stock Exchange, Inc.; Notice
of Designation of Longer Period for
Commission Action on Proceedings To
Determine Whether To Approve or
Disapprove a Proposed Rule Change
in Connection With the Proposed
Transaction Involving CHX Holdings,
Inc. and North America Casin
Holdings, Inc.
June 6, 2017.
On December 2, 2016, the Chicago
Stock Exchange, Inc. (‘‘CHX’’ or
‘‘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 in
connection with the proposed
transaction involving CHX Holdings,
Inc. and North America Casin Holdings,
Inc. The proposed rule change was
published for comment in the Federal
Register on December 12, 2016.3 The
Commission received five comments on
the proposed rule change,4 and two
responses from the Exchange in
response to certain comments.5 On
January 12, 2017, the Commission
instituted proceedings under Section
9 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 79474
(December 6, 2016), 81 FR 89543.
4 See letters from: (1) Representative Robert
Pittenger, Representative Earl L. ‘‘Buddy’’ Carter,
Representative Peter DeFazio, Representative Collin
Peterson, and Representative David Joyce, dated
December 22, 2016; (2) James N. Hill, dated
December 23, 2016; (3) John Ciccarelli, dated
January 2, 2017; (4) Anonymous, dated January 3,
2017; and (5) David E. Kaplan, Executive Director,
Global Investigative Journalism Network, dated
January 4, 2017.
5 See letters from John K. Kerin, President and
Chief Executive Officer, CHX, dated January 5,
2017; and Albert J. Kim, Vice President and
Associate General Counsel, CHX, dated January 6,
2017.
1 15
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
19(b)(2)(B) of the Act 6 to determine
whether to approve or disapprove the
proposed rule change.7 Following the
Order Instituting Proceedings, the
Commission received 21 additional
comment letters,8 and a response letter
from the Exchange.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, however, extend the
period for issuing an order approving or
disapproving the proposed rule change
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 12, 2016.11 June
10, 2017 is 180 days from that date, and
August 9, 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, the issues
raised in the comment letters that have
been submitted in connection therewith,
6 15
U.S.C. 78s(b)(2)(B).
Securities Exchange Act Release No. 79781,
82 FR 6669 (January 19, 2017) (‘‘Order Instituting
Proceedings’’).
8 See letters from: (1) Reddy Dandolu, Founder,
Chief Executive Officer, Las Vegas Stock Exchange,
dated February 4, 2017; (2) David Ferris, Senior
Research Analyst, The Public Interest Review, dated
February 16, 2017; (3) Michael Brennan,
Independent Market Commentator, dated February
17, 2017; (4) Lawrence Bass, Individual Supporter,
Alliance for American Manufacturing, dated
February 20, 2017; (5) Steven Mayer, dated
February 20, 2017; (6) William Park, dated February
21, 2017; (7) Jason Blake, Commentator, The Wall
Street Journal, dated February 25, 2017; (8) John
Meagher, Freelance Journalist, dated March 1, 2017;
(9) Yong Xiao, Chief Executive Officer, North
America Casin Holdings, Inc., dated March 1, 2017;
(10) Steven Caban, dated March 1, 2017; (11) Harley
Seyedin, President, American Chamber of
Commerce in South China, dated March 2, 2017;
(12) Salvatore Nobile, dated March 2, 2017; (13)
Olga Gouroudeva, dated March 3, 2017; (14) John
R. Prufeta, dated March 3, 2017; (15) Anthony J.
Saliba, Saliba Ventures Holdings, LLC, dated March
3, 2017; (16) Aileen Zhong, dated March 5, 2017;
(17) Duncan Karcher, dated March 5, 2017; (18) Ira
Gottlieb, Principal, Healthcare Practice, Mazars
USA LLP, dated March 5, 2017; (19) James N. Hill,
dated March 6, 2017; (20) David Ferris, Senior
Research Analyst, The Public Interest Review, dated
March 6, 2017; and (21) Sean Casey, dated April 24,
2017. All of the comments are available at: https://
www.sec.gov/comments/sr-chx-2016-20/
chx201620.shtml.
9 See letter from John K. Kerin, President and
Chief Executive Officer, CHX, dated March 6, 2017.
10 15 U.S.C. 78s(b)(2).
11 See supra note 3.
7 See
E:\FR\FM\12JNN1.SGM
12JNN1
Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Notices
and the Exchange’s responses to the
comments.
Accordingly, the Commission,
pursuant to Section 19(b)(2) of the
Act,12 designates August 9, 2017 as the
date by which the Commission should
either approve or disapprove the
proposed rule change (File No. SR–
CHX–2016–20).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Brent J. Fields,
Secretary.
[FR Doc. 2017–12042 Filed 6–9–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–80866; File No. SR–
NYSEArca–2017–46]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing of Proposed
Rule Change To Amend NYSE Arca
Equities Rule 13.2, Liability of
Corporation
June 6, 2017.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on May 23,
2017, NYSE Arca, Inc. (the ‘‘Exchange’’
or ‘‘NYSE Arca’’) filed with the
Securities and Exchange Commission
(‘‘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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
NYSE Arca Equities Rule 13.2
(‘‘Liability of Corporation’’) by (1)
aligning the scope of 13.2(a) with the
rules of other national securities
exchanges by specifying that the
Exchange is not liable to its ETP
Holders’ ‘‘successors, representatives or
customers’’; (2) eliminating the daily
caps that limit the amount the Exchange
may compensate ETP Holders for claims
arising under the rule; (3) changing the
procedural requirements for submitting
notification to the Exchange of any
claims for compensation; and (4) replace
12 15
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(57).
1 15 U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
13 17
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17:28 Jun 09, 2017
Jkt 241001
the words ‘‘acknowledged receipt of’’ in
Rule 13.2(b) with the word ‘‘received.’’
Additionally, the Exchange seeks to
have the proposed changes to eliminate
the daily caps function retroactively to
March 1, 2017. The proposed rule
change is available on the Exchange’s
Web site at www.nyse.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
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 those 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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
NYSE Arca Equities Rule 13.2 (‘‘Rule
13.2’’) provides a mechanism for ETP
Holders to receive compensation for
losses sustained as a result of the
negligent acts or omissions of the
Exchange’s employees or for the failure
of Exchange systems or facilities.
Specifically, if an ETP Holder transmits
an order to or through the Exchange’s
order routing systems, electronic book,
or automatic execution systems or to
any other automated facility of the
Exchange and the Exchange has
acknowledged receipt of the order, Rule
13.2(b) permits the Exchange to
compensate ETP Holders for losses
resulting from ‘‘the negligent acts or
omissions of its employees or for the
failure of its systems or facilities.’’ The
Exchange is only permitted to
compensate an ETP Holder for losses to
the extent the Exchange’s rules
authorize such compensation. As
described below, the Exchange proposes
to:
• Align its rule with those of other
national securities exchanges by adding
that the Exchange is not liable to
‘‘successors, representatives, or
customers’’ of ETP Holders;
• eliminate the daily caps on liability;
• change the procedural requirements
for submitting notification to the
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
26967
Exchange of any claims for
compensation; and
• replace the words ‘‘acknowledged
receipt of’’ in Rule 13.2(b) with the
word ‘‘received.’’
Proposal To Align and Clarify the Scope
of 13.2(a) With Rules of Other National
Securities Exchanges
The Exchange proposes to align the
scope of 13.2(a) with the rules of other
national securities exchanges 4 by
adding rule text specifying that, except
as otherwise expressly provided in the
rules, the Exchange is not liable to ETP
Holders’ successors, representatives or
customers. Rule 13.2 does not authorize
the Exchange to compensate a
successor, representative or customer of
an ETP Holder because the rule does not
reference those entities. As such, the
Exchange believes that the proposed
text specifically referencing these
entities clarifies the scope of the rule.
Proposal To Eliminate Daily Caps on
Liability
Rule 13.2 provides the Exchange with
the authority to compensate ETP
Holders for claims arising out of the
negligent acts or omissions of its
employees or for the failure of its
systems or facilities up to specified
amounts in paragraph (b) of the Rule.
Specifically, Rule 13.2(b) provides that:
• As to claims made by a single ETP
Holder, with respect to a single trading
day, the Exchange will not be liable in
excess of the larger of $100,000, or the
amount of any recovery obtained by the
Exchange under any applicable
insurance;
• As to claims made by all ETP
Holders, with respect to a single trading
day, the Exchange will not be liable in
excess of the larger of $250,000 or the
amount of the recovery obtained by the
Exchange under any applicable
insurance; and
• As to claims made by all ETP
Holders, with respect to a single
calendar month, the Exchange will not
be liable in excess of the larger of
$500,000, or the amount of the recovery
obtained by the Exchange under any
applicable insurance.
The Exchange proposes to eliminate
the daily caps in paragraphs (b)(1) and
(b)(2). The Exchange would retain the
monthly cap in (b)(3) of $500,000. The
proposal to eliminate the daily caps in
paragraphs (b)(1) and (b)(2) is consistent
with the rules of other national
securities exchanges, which only have a
4 See Investors’ Exchange LLC (‘‘IEX’’) Rule
11.260, BATS BZX Exchange Inc. (‘‘BATS’’) Rule
11.16, and EDGX Exchange Inc. (‘‘EDGX’’) Rule
11.14.
E:\FR\FM\12JNN1.SGM
12JNN1
Agencies
[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Notices]
[Pages 26966-26967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12042]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-80864; File No. SR-CHX-2016-20]
Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Designation of Longer Period for Commission Action on
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change in Connection With the Proposed Transaction Involving CHX
Holdings, Inc. and North America Casin Holdings, Inc.
June 6, 2017.
On December 2, 2016, the Chicago Stock Exchange, Inc. (``CHX'' or
``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 in connection with the proposed transaction
involving CHX Holdings, Inc. and North America Casin Holdings, Inc. The
proposed rule change was published for comment in the Federal Register
on December 12, 2016.\3\ The Commission received five comments on the
proposed rule change,\4\ and two responses from the Exchange in
response to certain comments.\5\ On January 12, 2017, the Commission
instituted proceedings under Section 19(b)(2)(B) of the Act \6\ to
determine whether to approve or disapprove the proposed rule change.\7\
Following the Order Instituting Proceedings, the Commission received 21
additional comment letters,\8\ and a response letter from the
Exchange.\9\
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 79474 (December 6,
2016), 81 FR 89543.
\4\ See letters from: (1) Representative Robert Pittenger,
Representative Earl L. ``Buddy'' Carter, Representative Peter
DeFazio, Representative Collin Peterson, and Representative David
Joyce, dated December 22, 2016; (2) James N. Hill, dated December
23, 2016; (3) John Ciccarelli, dated January 2, 2017; (4) Anonymous,
dated January 3, 2017; and (5) David E. Kaplan, Executive Director,
Global Investigative Journalism Network, dated January 4, 2017.
\5\ See letters from John K. Kerin, President and Chief
Executive Officer, CHX, dated January 5, 2017; and Albert J. Kim,
Vice President and Associate General Counsel, CHX, dated January 6,
2017.
\6\ 15 U.S.C. 78s(b)(2)(B).
\7\ See Securities Exchange Act Release No. 79781, 82 FR 6669
(January 19, 2017) (``Order Instituting Proceedings'').
\8\ See letters from: (1) Reddy Dandolu, Founder, Chief
Executive Officer, Las Vegas Stock Exchange, dated February 4, 2017;
(2) David Ferris, Senior Research Analyst, The Public Interest
Review, dated February 16, 2017; (3) Michael Brennan, Independent
Market Commentator, dated February 17, 2017; (4) Lawrence Bass,
Individual Supporter, Alliance for American Manufacturing, dated
February 20, 2017; (5) Steven Mayer, dated February 20, 2017; (6)
William Park, dated February 21, 2017; (7) Jason Blake, Commentator,
The Wall Street Journal, dated February 25, 2017; (8) John Meagher,
Freelance Journalist, dated March 1, 2017; (9) Yong Xiao, Chief
Executive Officer, North America Casin Holdings, Inc., dated March
1, 2017; (10) Steven Caban, dated March 1, 2017; (11) Harley
Seyedin, President, American Chamber of Commerce in South China,
dated March 2, 2017; (12) Salvatore Nobile, dated March 2, 2017;
(13) Olga Gouroudeva, dated March 3, 2017; (14) John R. Prufeta,
dated March 3, 2017; (15) Anthony J. Saliba, Saliba Ventures
Holdings, LLC, dated March 3, 2017; (16) Aileen Zhong, dated March
5, 2017; (17) Duncan Karcher, dated March 5, 2017; (18) Ira
Gottlieb, Principal, Healthcare Practice, Mazars USA LLP, dated
March 5, 2017; (19) James N. Hill, dated March 6, 2017; (20) David
Ferris, Senior Research Analyst, The Public Interest Review, dated
March 6, 2017; and (21) Sean Casey, dated April 24, 2017. All of the
comments are available at: https://www.sec.gov/comments/sr-chx-2016-20/chx201620.shtml.
\9\ See letter from John K. Kerin, President and Chief Executive
Officer, CHX, dated March 6, 2017.
---------------------------------------------------------------------------
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, however, extend the period for issuing an order
approving or disapproving the proposed rule change 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 12, 2016.\11\ June 10, 2017 is 180 days from that date, and
August 9, 2017 is 240 days from that date.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(2).
\11\ See 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, the issues raised in the comment letters that have been
submitted in connection therewith,
[[Page 26967]]
and the Exchange's responses to the comments.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\12\ designates August 9, 2017 as the date by which the Commission
should either approve or disapprove the proposed rule change (File No.
SR-CHX-2016-20).
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
Brent J. Fields,
Secretary.
[FR Doc. 2017-12042 Filed 6-9-17; 8:45 am]
BILLING CODE 8011-01-P