Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.23, Opening Process, and Rule 11.26, Usage of Data Feeds, To Reflect the Name Change of NYSE MKT to NYSE American, 46323-46325 [2017-21277]
Download as PDF
<![CDATA[
sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices
the software), but once the software is
developed, the incremental cost of
providing that software to an additional
user is typically small, or even zero
(e.g., if the software can be downloaded
over the internet after being
purchased).38 It is costly to build and
maintain a trading platform, but the
incremental cost of trading each
additional share on an existing platform,
or of distributing an additional instance
of data, is very low. Market information
and executions are each produced
jointly (in the sense that the activities of
trading and placing orders are the
source of the information that is
distributed) and are each subject to
significant scale economies.
Competition among trading platforms
can be expected to constrain the
aggregate return each platform earns
from the sale of its joint products. The
level of competition and contestability
in the market is evident in the
numerous alternative venues that
compete for order flow, including SRO
markets, as well as internalizing BDs
and various forms of alternative trading
systems (‘‘ATSs’’), including dark pools
and electronic communication networks
(‘‘ECNs’’). Each SRO market competes to
produce transaction reports via trade
executions, and two FINRA-regulated
TRFs compete to attract internalized
transaction reports. It is common for
BDs to further and exploit this
competition by sending their order flow
and transaction reports to multiple
markets, rather than providing them all
to a single market. Competitive markets
for order flow, executions, and
transaction reports provide pricing
discipline for the inputs of proprietary
data products. The large number of
SROs, TRFs, BDs, and ATSs that
currently produce proprietary data or
are currently capable of producing it
provides further pricing discipline for
proprietary data products. Each SRO,
TRF, ATS, and BD is currently
permitted to produce proprietary data
products, and many currently do or
have announced plans to do so,
including Nasdaq, NYSE, NYSE MKT,
NYSE Arca, and the BATS exchanges.
In this case, the proposed rule change
enhances competition by introducing a
new product that increases transparency
into options transactions and
democratizes information by providing
the benefits of sophisticated analytical
techniques to firms without the
technology, staff or wherewithal to
conduct a comparable analysis on their
38 See William J. Baumol and Daniel G. Swanson,
‘‘The New Economy and Ubiquitous Competitive
Price Discrimination: Identifying Defensible Criteria
of Market Power,’’ Antitrust Law Journal, Vol. 70,
No. 3 (2003).
VerDate Sep<11>2014
20:18 Oct 03, 2017
Jkt 244001
own. If the price were to become
unattractive, those firms would opt not
to purchase the product. The net effect
of introducing this product into the
market is to make market sentiment
information more widely available to a
broader array of investors, and lower the
cost of accessing such information,
thereby increasing market efficiency.
For all of these reasons, the Exchange
does not believe that the proposed
changes will impair competition in the
financial markets.
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
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the Exchange consents,
the Commission shall: (a) by order
approve or disapprove such proposed
rule change, or (b) institute proceedings
to determine whether the proposed rule
change should be disapproved.
46323
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 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–Phlx–
2017–74 and should be submitted on or
before October 25, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.39
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–21279 Filed 10–3–17; 8:45 am]
BILLING CODE 8011–01–P
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–
Phlx–2017–74 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–Phlx–2017–74. 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/
PO 00000
Frm 00113
Fmt 4703
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81749; File No. SR–
BatsBYX–2017–23]
Self-Regulatory Organizations; Bats
BYX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change to Rule 11.23,
Opening Process, and Rule 11.26,
Usage of Data Feeds, To Reflect the
Name Change of NYSE MKT to NYSE
American
September 28, 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
September 25, 2017, Bats BYX
Exchange, Inc. (the ‘‘Exchange’’ or
‘‘BYX’’) 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 Exchange.
39 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\04OCN1.SGM
04OCN1
46324
Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices
The Exchange has designated this
proposal as a ‘‘non-controversial’’
proposed rule change pursuant to
Section 19(b)(3)(A) of the Act 3 and Rule
19b–4(f)(6)(iii) thereunder,4 which
renders it effective upon filing with the
Commission. 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 filed a proposal to
amend paragraph (c)(1) of Rule 11.23,
Opening Process, and paragraph (a) of
Rule 11.26, Usage of Data Feeds, to
reflect the name change of NYSE MKT
to NYSE American.
The text of the proposed rule change
is available at the Exchange’s Web site
at www.bats.com, at the princiopal [sic]
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 parts of such
statements.
(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
sradovich on DSK3GMQ082PROD with NOTICES
1. Purpose
On March 21, 2017, NYSE MKT LLC
filed a proposed rule change to change
its name to NYSE American LLC.5 The
Exchange now proposes to replace
references to NYSE MKT within its
rules with NYSE American. In
particular, the Exchange proposes to
replace references to NYSE MKT with
NYSE American in Rule 11.23(c)(1),
Opening Process; and Rule 11.26(a),
Usage of Data Feeds. The Exchange does
not proposes [sic] to amend the
operation of these rules in any other
respect.
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6)(iii).
5 See Securities Exchange Act Release No. 80283
(March 21, 2017), 82 FR 15244 (March 27, 2017)
(SR–NYSEMKT–2017–14).
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 6 in general, and furthers the
objectives of Section 6(b)(5) of the Act 7
in particular, in that it is designed to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
facilitating transactions in securities, to
remove impediments to and perfect the
mechanism of a free and open market
and a national market system and, in
general, to protect investors and the
public interest.
The non-substantive amendments to
Rules 11.23(c)(1) and 11.26(a) are
intended solely to reflect the name
change from NYSE MKT to NYSE
American. The proposed rule change,
therefore, removes impediments to and
perfects the mechanism of a free and
open market and a national market
system because it updates the rule to
reflect the name change and does not
alter the way in which orders in NYSE
American listed securities are handled
and routed.
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will have any
impact on competition as it affect
competition [sic] as it is not designed to
alter the way in which orders in NYSE
American listed securities are handled
and routed. It is simply intended to
reflect the name change from NYSE
MKT to NYSE American.
(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
The Exchange has neither solicited
nor received written comments on the
proposed rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (A) Significantly affect
the protection of investors or the public
interest; (B) impose any significant
burden on competition; and (C) by its
terms, become operative for 30 days
from the date on which it was filed or
such shorter time as the Commission
may designate it has become effective
pursuant to Section 19(b)(3)(A) of the
Act 8 and paragraph (f)(6) of Rule
19b–4 thereunder,9 the Exchange has
3 15
4 17
VerDate Sep<11>2014
20:18 Oct 03, 2017
Jkt 244001
6 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
8 15 U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4.
7 15
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
designated this rule filing as noncontroversial. The Exchange has given
the Commission 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
of the proposed rule change, or such
shorter time as designated by the
Commission.
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: (1) Necessary or appropriate in
the public interest; (2) for the protection
of investors; or (3) otherwise in
furtherance of the purposes of the Act.
If the Commission takes such action, the
Commission shall institute proceedings
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–
BatsBYX–2017–23 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–BatsBYX–2017–23. 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
E:\FR\FM\04OCN1.SGM
04OCN1
Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices
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 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–
BatsBYX–2017–23 and should be
submitted on or before October 25,
2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–21277 Filed 10–3–17; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81755; File No. SR–
NYSEAMER–2017–19]
Self-Regulatory Organizations; NYSE
American LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend NYSE
American Rule 5.2E (j)(6)
September 28, 2017.
sradovich on DSK3GMQ082PROD with NOTICES
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on
September 18, 2017, NYSE American
LLC (the ‘‘Exchange’’ or ‘‘NYSE
American’’) 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 amend
NYSE American Rule 5.2E(j)(6) to
exclude Investment Company Units,
securities defined in Section 2 of NYSE
American Rule 8E and Index-Linked
Securities when applying the
quantitative generic listing criteria
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
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20:18 Oct 03, 2017
Jkt 244001
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
BILLING CODE 8011–01–P
10 17
applicable to Equity Index-Linked
Securities. 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.
1. Purpose
The Exchange proposes to amend
NYSE American Rule 5.2E(j)(6) to
exclude Investment Company Units
(‘‘Units’’) and securities defined in
Section 2 of NYSE American Rule 8E
(collectively, together with Units,
‘‘Derivative Securities Products’’),4 as
well as Index-Linked Securities,5 when
applying the quantitative generic listing
criteria applicable to Equity IndexLinked Securities.6
4 Units are securities that represent an interest in
a registered investment company that could be
organized as a unit investment trust, an open-end
management investment company, or a similar
entity, that holds securities comprising, or
otherwise based on or representing an interest in,
an index or portfolio of securities or securities in
another registered investment company that holds
such securities. See NYSE American Rule 5.2E(j)(3).
The following securities currently are included in
Section 2 of NYSE American Rule 8E: Portfolio
Depositary Receipts (Rule 8.100E); Trust Issued
Receipts (Rule 8.200E); Commodity-Based Trust
Shares (Rule 8.201E); Currency Trust Shares (Rule
8.202E); Commodity Index Trust Shares (Rule
8.203E); Commodity Futures Trust Shares (Rule
8.204E); Partnership Units (Rule 8.300E); Paired
Trust Shares (Rule 8.400E); Trust Units (Rule
8.500E); Managed Fund Shares (Rule 8.600E); and
Managed Trust Securities (Rule 8.700E).
5 Index-Linked Securities are securities that
qualify for Exchange listing and trading under
NYSE American Rule 5.2E(j)(6). The securities
described in Rule 5.2E(j)(3), Rule 5.2E(j)(6) and
Section 2 of Rule 8E, as referenced above, would
include securities listed on another national
securities exchange pursuant to substantially
equivalent listing rules.
6 The Commission has approved amendments to
NYSE Arca Rule 5.2E(j)(6) that are substantially
identical to those proposed herein. See Securities
Exchange Act Release No. 81442 (August 18, 2017),
82 FR 40178 (August 24, 2017) (SR–NYSEArca–
2017–54) (order approving a proposed rule change
PO 00000
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Sfmt 4703
46325
Equity Index-Linked Securities are
securities that provide for the payment
at maturity (or earlier redemption) based
on the performance of an underlying
index or indexes of equity securities,
securities of closed end management
investment companies registered under
the Investment Company Act of 1940 7
and/or Units.8 In addition to certain
other generic listing criteria, Equity
Index-Linked Securities must satisfy the
generic quantitative initial and
continued listing criteria under NYSE
American Rule 5.2E(j)(6)(B)(I) in order
to become, and continue to be, listed
and traded on the Exchange. Certain of
the applicable quantitative criteria
specify minimum or maximum
thresholds that must be satisfied with
respect to, for example, market value,
trading volume, and dollar weight of the
index represented by a single
component or groups of components.
The applicable initial quantitative
listing criteria include (i) that each
underlying index is required to have at
least ten component securities; 9 (ii) that
each component security has a
minimum market value of at least $75
million, except that for each of the
lowest dollar weighted component
securities in the index that in the
aggregate account for no more than 10%
of the dollar weight of the index, the
market value can be at least $50 million;
(iii) that component stocks that in the
aggregate account for at least 90% of the
weight of the index each have a
minimum global monthly trading
volume of 1,000,000 shares, or
minimum global notional volume traded
per month of $25,000,000, averaged over
the last six months; (iv) that no
underlying component security
represents more than 25% of the dollar
weight of the index, and the five highest
dollar weighted component securities in
the index do not in the aggregate
account for more than 50% of the dollar
weight of the index (60% for an index
consisting of fewer than 25 component
securities); and (v) that 90% of the
index’s numerical value and at least
80% of the total number of component
securities meet the then current criteria
for standardized option trading set forth
in Rule 915; except that an index will
not be subject to this last requirement if
(a) no underlying component security
represents more than 10% of the dollar
weight of the index and (b) the index
to amend the generic listing criteria applicable to
Equity Index-Linked Securities).
7 15 U.S.C. 80–1.
8 See Rule 5.2E(j)(6)(B)(I)(1).
9 See Rule 5.2E(j)(6)(B)(I)(1)(a).
E:\FR\FM\04OCN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Pages 46323-46325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21277]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-81749; File No. SR-BatsBYX-2017-23]
Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule
11.23, Opening Process, and Rule 11.26, Usage of Data Feeds, To Reflect
the Name Change of NYSE MKT to NYSE American
September 28, 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 September 25, 2017, Bats BYX Exchange, Inc. (the ``Exchange''
or ``BYX'') 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 Exchange.
[[Page 46324]]
The Exchange has designated this proposal as a ``non-controversial''
proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(6)(iii) thereunder,\4\ which renders it effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A).
\4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange filed a proposal to amend paragraph (c)(1) of Rule
11.23, Opening Process, and paragraph (a) of Rule 11.26, Usage of Data
Feeds, to reflect the name change of NYSE MKT to NYSE American.
The text of the proposed rule change is available at the Exchange's
Web site at www.bats.com, at the princiopal [sic] 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 parts of such
statements.
(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
On March 21, 2017, NYSE MKT LLC filed a proposed rule change to
change its name to NYSE American LLC.\5\ The Exchange now proposes to
replace references to NYSE MKT within its rules with NYSE American. In
particular, the Exchange proposes to replace references to NYSE MKT
with NYSE American in Rule 11.23(c)(1), Opening Process; and Rule
11.26(a), Usage of Data Feeds. The Exchange does not proposes [sic] to
amend the operation of these rules in any other respect.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 80283 (March 21,
2017), 82 FR 15244 (March 27, 2017) (SR-NYSEMKT-2017-14).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and furthers the objectives of Section
6(b)(5) of the Act \7\ in particular, in that it is designed to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The non-substantive amendments to Rules 11.23(c)(1) and 11.26(a)
are intended solely to reflect the name change from NYSE MKT to NYSE
American. The proposed rule change, therefore, removes impediments to
and perfects the mechanism of a free and open market and a national
market system because it updates the rule to reflect the name change
and does not alter the way in which orders in NYSE American listed
securities are handled and routed.
(B) Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
have any impact on competition as it affect competition [sic] as it is
not designed to alter the way in which orders in NYSE American listed
securities are handled and routed. It is simply intended to reflect the
name change from NYSE MKT to NYSE American.
(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants or Others
The Exchange has neither solicited nor received written comments on
the proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (A)
Significantly affect the protection of investors or the public
interest; (B) impose any significant burden on competition; and (C) by
its terms, become operative for 30 days from the date on which it was
filed or such shorter time as the Commission may designate it has
become effective pursuant to Section 19(b)(3)(A) of the Act \8\ and
paragraph (f)(6) of Rule 19b-4 thereunder,\9\ the Exchange has
designated this rule filing as non-controversial. The Exchange has
given the Commission 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 of
the proposed rule change, or such shorter time as designated by the
Commission.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
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: (1)
Necessary or appropriate in the public interest; (2) for the protection
of investors; or (3) otherwise in furtherance of the purposes of the
Act. If the Commission takes such action, the Commission shall
institute proceedings 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-BatsBYX-2017-23 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-BatsBYX-2017-23. 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
[[Page 46325]]
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
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-BatsBYX-2017-23 and should be submitted on or before
October 25, 2017.
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\10\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21277 Filed 10-3-17; 8:45 am]
BILLING CODE 8011-01-P
