Self-Regulatory Organizations; Bats BYX Exchange, Inc. (n/k/a Cboe BYX Exchange, Inc.), Bats BZX Exchange, Inc. (n/k/a Cboe BZX Exchange, Inc.), Bats EDGA Exchange, Inc. (n/k/a Cboe EDGA Exchange, Inc.), Bats EDGX Exchange, Inc. (n/k/a Cboe EDGX Exchange, Inc.), BOX Options Exchange LLC, C2 Options Exchange, Incorporated (n/k/a Cboe C2 Options Exchange, Inc.), Chicago Board Options Exchange, Incorporated (n/k/a Cboe Exchange, Inc.), Chicago Stock Exchange, Inc., Financial Industry Regulatory Authority, Inc., Investors' Exchange LLC, Miami International Securities Exchange, LLC, MIAX PEARL, LLC, Nasdaq BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC, Nasdaq PHLX LLC, The Nasdaq Stock Market LLC, New York Stock Exchange LLC, NYSE Arca, Inc. and NYSE MKT LLC (n/k/a NYSE American LLC); Notice of Withdrawal of Proposed Rule Changes, as Modified by Amendments, To Establish Fees for Industry Members To Fund the Consolidated Audit Trail, 3043-3046 [2018-00974]

Download as PDF Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 21 and Rule 19b–4(f)(6) thereunder.22 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 to determine whether the proposed rule change 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– NYSEArca–2018–01 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. 21 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6)(iii) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and the 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. The Exchange has satisfied this requirement. ethrower on DSK3G9T082PROD with NOTICES 22 17 VerDate Sep<11>2014 19:00 Jan 19, 2018 Jkt 244001 All submissions should refer to File Number SR–NYSEArca–2018–01. 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 website (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 website 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. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–NYSEArca–2018–01 and should be submitted on or before February 12, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.23 Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018–00975 Filed 1–19–18; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meetings 2:00 p.m. on Wednesday, January 24, 2018. PLACE: Closed Commission Hearing Room 10800. TIME AND DATE: 23 17 PO 00000 CFR 200.30–3(a)(12). Frm 00086 Fmt 4703 Sfmt 4703 3043 This meeting will be closed to the public. MATTERS TO BE CONSIDERED: 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), (6), (7), (8), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10), permit consideration of the scheduled matters at the closed meeting. Commissioner Piwowar, as duty officer, voted to consider the items listed for the closed meeting in closed session. The subject matters of the closed meeting will be: 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. CONTACT PERSON FOR MORE INFORMATION: 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. STATUS: Dated: January 17, 2018. Brent J. Fields, Secretary. [FR Doc. 2018–01164 Filed 1–18–18; 4:15 pm] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–82503; File Nos. SR– BatsBYX–2017–11; SR–BatsBZX–2017–38; SR–BatsEDGA–2017–13; SR–BatsEDGX– 2017–22; SR–BOX–2017–16; SR–BX–2017– 023; SR–C2–2017–017; SR–CBOE–2017– 040; SR–CHX–2017–08; SR–FINRA–2017– 011; SR–GEMX–2017–17; SR–IEX–2017–16; SR–ISE–2017–45; SR–MIAX–2017–18; SR– MRX–2017–04; SR–NASDAQ–2017–046; SR–NYSE–2017–22; SR–NYSEArca–2017– 52; SR–NYSEMKT–2017–26; SR–PEARL– 2017–20; SR–PHLX–2017–37] E:\FR\FM\22JAN1.SGM 22JAN1 3044 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices Self-Regulatory Organizations; Bats BYX Exchange, Inc. (n/k/a Cboe BYX Exchange, Inc.), Bats BZX Exchange, Inc. (n/k/a Cboe BZX Exchange, Inc.), Bats EDGA Exchange, Inc. (n/k/a Cboe EDGA Exchange, Inc.), Bats EDGX Exchange, Inc. (n/k/a Cboe EDGX Exchange, Inc.), BOX Options Exchange LLC, C2 Options Exchange, Incorporated (n/k/a Cboe C2 Options Exchange, Inc.), Chicago Board Options Exchange, Incorporated (n/k/a Cboe Exchange, Inc.), Chicago Stock Exchange, Inc., Financial Industry Regulatory Authority, Inc., Investors’ Exchange LLC, Miami International Securities Exchange, LLC, MIAX PEARL, LLC, Nasdaq BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC, Nasdaq PHLX LLC, The Nasdaq Stock Market LLC, New York Stock Exchange LLC, NYSE Arca, Inc. and NYSE MKT LLC (n/k/a NYSE American LLC); Notice of Withdrawal of Proposed Rule Changes, as Modified by Amendments, To Establish Fees for Industry Members To Fund the Consolidated Audit Trail January 16, 2018. ethrower on DSK3G9T082PROD with NOTICES On May 1, 2017,1 May 2, 2017,2 May 3, 2017,3 May 8, 2017,4 May 9, 2017,5 May 10, 2017,6 May 12, 2017,7 May 15, 2017,8 May 16, 2017,9 and May 23, 2017,10 Bats BYX Exchange, Inc. (‘‘Bats 1 Miami International Securities Exchange, LLC and MIAX PEARL LLC filed their proposed rule changes on May 1, 2017. 2 The Nasdaq Stock Market LLC and Nasdaq BX, Inc. filed their proposed rule changes on May 2, 2017. 3 Chicago Stock Exchange, Inc. filed its proposed rule change on May 3, 2017. 4 Financial Industry Regulatory Authority, Inc. filed its proposed rule change on May 8, 2017. 5 Investors Exchange LLC originally filed its proposed rule change on May 3, 2017 under File No. SR–IEX–2017–13, and subsequently withdrew that filing and filed a proposed rule change on May 9, 2017. 6 The New York Stock Exchange LLC, NYSE Arca, Inc. and NYSE MKT LLC filed their proposed rule changes on May 10, 2017. 7 Nasdaq GEMX LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC and Nasdaq PHLX LLC originally filed their proposed rule changes on May 3, 2017 under File Nos. SR–GEMX–2017–11, SR–ISE–2017–40, SR–MRX–2017–03, and SR–PHLX–2017–35, and subsequently withdrew those filings and filed proposed rule changes on May 12, 2017. 8 BOX Options Exchange LLC originally filed its proposed rule change on May 11, 2017 under File No. SR–BOX–2017–15, and subsequently withdrew that filing and filed a proposed rule change on May 15, 2017. 9 Bats BYX Exchange, Inc., C2 Options Exchange, Incorporated and Chicago Board Options Exchange, Incorporated filed their proposed rule changes on May 16, 2017. Bats EDGA Exchange, Inc. originally filed its proposed rule change on May 5, 2017 under File No. SR–BatsEDGA–2017–11, and subsequently withdrew that filing on May 11, 2017 and filed a proposed rule change on May 16, 2017. 10 Bats BZX Exchange, Inc. filed its proposed rule changes on May 23, 2017. Bats EDGX Exchange, VerDate Sep<11>2014 19:00 Jan 19, 2018 Jkt 244001 BYX’’) (n/k/a Cboe BYX Exchange, Inc.),11 Bats BZX Exchange, Inc. (‘‘Bats BZX’’) (n/k/a Cboe BZX Exchange, Inc.),12 Bats EDGA Exchange, Inc. (‘‘Bats EDGA’’) (n/k/a Cboe EDGA Exchange, Inc.),13 Bats EDGX Exchange, Inc. (‘‘Bats EDGX’’) (n/k/a Cboe EDGX Exchange, Inc.),14 BOX Options Exchange LLC (‘‘BOX’’), C2 Options Exchange, Incorporated (‘‘C2’’) (n/k/a Cboe C2 Options Exchange, Inc.),15 Chicago Board Options Exchange, Incorporated (‘‘CBOE’’) (n/k/a Cboe Exchange, Inc.),16 Chicago Stock Exchange, Inc. (‘‘CHX’’), Financial Industry Regulatory Authority, Inc. (‘‘FINRA’’), Investors Exchange LLC (‘‘IEX’’), Nasdaq ISE, LLC (‘‘ISE’’), Miami International Securities Exchange, LLC (‘‘MIAX’’), MIAX PEARL, LLC (‘‘PEARL’’), Nasdaq BX, Inc. (‘‘BX’’), Nasdaq GEMX, LLC (‘‘GEMX’’), Nasdaq MRX, LLC (‘‘MRX’’), Nasdaq PHLX LLC (‘‘Phlx’’), The Nasdaq Stock Market LLC (‘‘Nasdaq’’), New York Stock Exchange LLC (‘‘NYSE’’), NYSE Arca, Inc. (‘‘NYSE Arca’’) and NYSE MKT LLC (‘‘NYSE MKT’’) (n/k/a NYSE American LLC) 17 (collectively, the ‘‘Participants’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 18 and Rule 19b–4 thereunder,19 proposed rule changes to adopt fees to be charged to Industry Members to fund the Consolidated Audit Trail (collectively the ‘‘Original Proposed Inc. originally filed its proposed rule change on May 5, 2017 under File No. SR–BatsEDGX–2017– 20, and subsequently withdrew that filing on May 10, 2017 and filed a proposed rule change on May 23, 2017. 11 See Securities Exchange Act Release No. 81952 (October 26, 2017), 82 FR 50725 (November 1, 2017). The name change was not yet effective when Bats BYX filed SR–BatsBYX–2017–11. 12 See Securities Exchange Act Release No. 81962 (October 26, 2017), 82 FR 50711 (November 1, 2017). The name change was not yet effective when Bats BZX filed SR–BatsBZX–2017–38. 13 See Securities Exchange Act Release No. 81957 (October 26, 2017), 82 FR 50716 (November 1, 2017). The name change was not yet effective when Bats EDGA filed SR–BatsEDGA–2017–13. 14 See Securities Exchange Act Release No. 81963 (October 26, 2017), 82 FR 50697 (November 1, 2017). The name change was not yet effective when Bats EDGX filed SR–BatsEDGX–2017–22. 15 See Securities Exchange Act Release No. 81979 (October 30, 2017), 82 FR 51317 (November 3, 2017). The name change was not yet effective when C2 filed SR–C2–2017–017. 16 See Securities Exchange Act Release No. 81981 (October 30, 2017), 82 FR 51309 (November 3, 2017). The name change was not yet effective when CBOE filed SR–CBOE–2017–040. 17 See Securities Exchange Act Release No. 80283 (March 21, 2017), 82 FR 15244 (March 27, 2017). The name change was not yet effective when NYSE MKT filed SR–NYSEMKT–2017–26. 18 15 U.S.C. 78s(b)(1). 19 17 CFR 240.19b–4. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 Rule Changes’’).20 The Original Proposed Rule Changes were immediately effective upon filing with the Commission pursuant to Section 19(b)(3)(A) of the Act.21 The proposed rule changes submitted by MIAX and PEARL were published for comment in the Federal Register on May 19, 2017.22 The proposed rule changes submitted by BX, CHX, IEX, Nasdaq, NYSE, NYSE Arca and NYSE MKT were published for comment in the Federal Register on May 22, 2017.23 The proposed rule change submitted by FINRA was published for comment in the Federal Register on May 23, 2017.24 The proposed rule changes submitted by BOX, GEMX, ISE, MRX and Phlx were published for comment in the Federal Register on May 24, 2017.25 The proposed rule changes submitted by C2, CBOE and Bats EDGA were published for comment in the Federal Register on June 1, 2017.26 The proposed rule change submitted by Bats BYX was published for comment in the Federal 20 See infra notes 22–28. The National Market System Plan Governing the Consolidated Audit Trail (‘‘CAT NMS Plan’’) was published for comment in the Federal Register on May 17, 2016, and approved by the Commission, as modified, on November 15, 2016. See Securities Exchange Act Release Nos. 77724 (April 27, 2016), 81 FR 30614 (May 17, 2016); 79318 (November 15, 2016), 81 FR 84696 (November 23, 2016). 21 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take effect upon filing with the Commission if it is designated by the exchange as ‘‘establishing or changing a due, fee, or other charge imposed by the self-regulatory organization on any person, whether or not the person is a member of the self-regulatory organization.’’ 15 U.S.C. 78s(b)(3)(A)(ii). 22 See Securities Exchange Act Release Nos. 80675 (May 15, 2017), 82 FR 23100 (May 19, 2017) (SR–MIAX–2017–18); and 80676 (May 15, 2017), 82 FR 23083 (May 19, 2017) (SR–PEARL–2017–20). 23 See Securities Exchange Act Release Nos. 80697 (May 16, 2017), 82 FR 23398 (May 22, 2017) (SR–BX–2017–023); 80691 (May 16, 2017), 82 FR 23344 (May 22, 2017) (SR–CHX–2017–08); 80692 (May 16, 2017), 82 FR 23325 (May 22, 2017) (SR– IEX–2017–16); 80696 (May 16, 2017), 82 FR 23439 (May 22, 2017) (SR–NASDAQ–2017–046); 80693 (May 16, 2017), 82 FR 23363 (May 22, 2017) (SR– NYSE–2017–22); 80698 (May 16, 2017), 82 FR 23457 (May 22, 2017) (SR–NYSEArca–2017–52); and 80694 (May 16, 2017), 82 FR 23416 (May 22, 2017) (SR–NYSEMKT–2017–26). 24 See Securities Exchange Act Release No. 80710 (May 17, 2017), 82 FR 23639 (May 23, 2017) (SR– FINRA–2017–011). 25 See Securities Exchange Act Release Nos. 80721 (May 18, 2017), 82 FR 23864 (May 24, 2017) (SR–BOX–2017–16); 80713 (May 18, 2017), 82 FR 23956 (May 24, 2017) (SR–GEMX–2017–17); 80715 (May 18, 2017), 82 FR 23895 (May 24, 2017) (SR– ISE–2017–45); 80726 (May 18, 2017), 82 FR 23915 (May 24, 2017) (SR–MRX–2017–04); and 80725 (May 18, 2017), 82 FR 23935 (May 24, 2017) (SR– PHLX–2017–37). 26 See Securities Exchange Act Release Nos. 80786 (May 26, 2017), 82 FR 25474 (June 1, 2017) (SR–C2–2017–017); 80785 (May 26, 2017), 82 FR 25404 (June 1, 2017) (SR–CBOE–2017–040); and 80784 (May 26, 2017), 82 FR 25448 (June 1, 2017) (SR–BatsEDGA–2017–13). E:\FR\FM\22JAN1.SGM 22JAN1 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices ethrower on DSK3G9T082PROD with NOTICES Register on June 5, 2017.27 The proposed rule changes submitted by Bats BZX and Bats EDGX were published for comment in the Federal Register on June 6, 2017.28 The Commission received seven comment letters on the Original Proposed Rule Changes,29 and a response to comments from the Participants.30 On June 30, 2017, the Commission temporarily suspended and initiated proceedings to determine whether to approve or disapprove the proposed rule changes.31 The Commission thereafter received seven comment letters,32 and a response 27 See Securities Exchange Act Release No. 80809 (May 30, 2017), 82 FR 25837 (June 5, 2017) (SR– BatsBYX–2017–11). 28 See Securities Exchange Act Release Nos. 80822 (May 31, 2017), 82 FR 26148 (June 6, 2017) (SR–BatsBZX–2017–38); and 80821 (May 31, 2017), 82 FR 26177 (June 6, 2017) (SR–BatsEDGX–2017– 22). 29 Since the Participants’ proposed rule changes to adopt fees to be charged to Industry Members to fund the Consolidated Audit Trail are substantively identical, the Commission considered all comments received on the proposed rule changes regardless of the comment file to which they were submitted. See Letter from Theodore R. Lazo, Managing Director and Associate General Counsel, Securities Industry and Financial Markets Association, to Brent J. Fields, Secretary, Commission (dated June 6, 2017), available at: https://www.sec.gov/comments/srbatsbzx-2017-38/batsbzx201738-1788188153228.pdf; Letter from Patricia L. Cerny and Steven O’Malley, Compliance Consultants, to Brent J. Fields, Secretary, Commission (dated June 12, 2017), available at: https://www.sec.gov/comments/ sr-cboe-2017-040/cboe2017040-1799253153675.pdf; Letter from Daniel Zinn, General Counsel, OTC Markets Group Inc., to Eduardo A. Aleman, Assistant Secretary, Commission (dated June 13, 2017), available at: https://www.sec.gov/ comments/sr-finra-2017-011/finra20170111801717-153703.pdf; Letter from Joanna Mallers, Secretary, FIA Principal Traders Group, to Brent J. Fields, Secretary, Commission (dated June 22, 2017), available at: https://www.sec.gov/comments/ sr-cboe-2017-040/cboe2017040-1819670154195.pdf; Letter from Stuart J. Kaswell, Executive Vice President and Managing Director, General Counsel, Managed Funds Association, to Brent J. Fields, Secretary, Commission (dated June 23, 2017), available at: https://www.sec.gov/comments/ sr-finra-2017-011/finra2017011-1822454154283.pdf; and Letter from Suzanne H. Shatto, Investor, to Commission (dated June 27, 2017), available at: https://www.sec.gov/comments/srbatsedgx-2017-22/batsedgx201722-154443.pdf. The Commission also received a comment letter which is not pertinent to these proposed rule changes. See Letter from Christina Crouch, Smart Ltd., to Brent J. Fields, Secretary, Commission (dated June 5, 2017), available at: https://www.sec.gov/comments/ sr-batsbzx-2017-38/batsbzx201738-1785545153152.htm. 30 See Letter from CAT NMS Plan Participants to Brent J. Fields, Secretary, Commission (dated June 29, 2017), available at: https://www.sec.gov/ comments/sr-batsbyx-2017-11/batsbyx2017111832632-154584.pdf. 31 See Securities Exchange Act Release No. 81067 (June 30, 2017), 82 FR 31656 (July 7, 2017). 32 See Letter from W. Hardy Callcott, Partner, Sidley Austin LLP, to Brent J. Fields, Secretary, Commission (dated July 27, 2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/ batsbyx201711-2148338-157737.pdf; Letter from Kevin Coleman, General Counsel and Chief VerDate Sep<11>2014 19:00 Jan 19, 2018 Jkt 244001 to comments from the Participants.33 On October 25, 2017,34 October 31, 2017,35 November 3, 2017,36 November 6, 2017,37 November 7, 2017,38 November 9, 2017 39 and December 1, 2017,40 the Participants each filed an Amendment No. 1 to their Original Proposed Rule Changes that replaced and superseded the Original Proposed Rule Changes that had been temporarily suspended by the Commission. On November 9, 2017, the Commission extended the time period for Commission action on the proceedings to determine whether to approve or disapprove the proposed rule changes.41 On November 29, 2017,42 November 30, 2017,43 December Compliance Officer, Belvedere Trading LLC, to Brent J. Fields, Secretary, Commission (dated July 28, 2017), available at: https://www.sec.gov/ comments/sr-batsbyx-2017-11/batsbyx2017112148360-157740.pdf; Letter from Joanna Mallers, Secretary, FIA Principal Traders Group, to Brent J. Fields, Secretary, Commission (dated July 28, 2017), available at: https://www.sec.gov/comments/srbatsbyx-2017-11/batsbyx201711-2151228157745.pdf; Letter from Theodore R. Lazo, Managing Director and Associate General Counsel, SIFMA, to Brent J. Fields, Secretary, Commission (dated July 28, 2017), available at: https:// www.sec.gov/comments/sr-batsbyx-2017-11/ batsbyx201711-2150977-157744.pdf; Letter from Stuart J. Kaswell, Executive Vice President and Managing Director, General Counsel, Managed Funds Association, to Brent J. Fields, Secretary, Commission (dated July 28, 2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/ batsbyx201711-2150818-157743.pdf; Letter from John Kinahan, Chief Executive Officer, Group One Trading, L.P., to Brent J. Fields, Secretary, Commission (dated August 10, 2017), available at: https://www.sec.gov/comments/sr-finra-2017-011/ finra2017011-2214568-160619.pdf; Letter from Joseph Molluso, Executive Vice President and CFO, Virtu Financial, to Brent J. Fields, Commission (dated August 18, 2017), available at: https:// www.sec.gov/comments/sr-finra-2017-011/ finra2017011-2238648-160830.pdf . 33 See Letter from Michael Simon, Chair, CAT NMS Plan Operating Committee, to Brent J. Fields, Commission, Secretary (dated November 2, 2017), available at https://www.sec.gov/comments/srbatsbyx-2017-11/batsbyx201711-2674608161412.pdf. 34 NYSE, NYSE Arca and NYSE MKT filed Amendment No. 1 to their proposed rule changes on October 25, 2017. 35 IEX filed Amendment No. 1 to its proposed rule change on October 31, 2017. 36 Bats BYX, Bats BZX, Bats EDGA, Bats EDGX, CBOE and C2 filed Amendment No. 1 to their proposed rule changes on November 3, 2017. 37 Nasdaq, BX, Phlx, ISE, MRX, and GEMX filed Amendment No. 1 to their proposed rule changes on November 6, 2017. 38 BOX, MIAX and PEARL filed Amendment No. 1 to their proposed rule changes on November 7, 2017. 39 CHX filed Amendment No. 1 to its proposed rule change on November 9, 2017. 40 FINRA filed Amendment No. 1 to its proposed rule change on December 1, 2017. 41 See Securities Exchange Act Release No. 82049 (November 9, 2017), 82 FR 53549 (November 16, 2017). 42 NYSE, NYSE MKT and NYSE Arca filed Amendment No. 2 to their proposed rule changes on November 29, 2017. 43 CHX filed Amendment No. 2 to its proposed rule change on November 30, 2017. PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 3045 1, 2017,44 December 4, 2017,45 December 5, 2017,46 December 6, 2017 47 and December 7, 2017,48 the Participants, except FINRA, each filed Amendment No. 2 to their proposed rule changes.49 The amended proposed rule changes submitted by CHX and FINRA were published for comment in the Federal Register on December 14, 2017.50 The amended proposed rule changes submitted by PEARL, MIAX, IEX, NYSE, NYSE MKT, NYSE Arca, BOX, Bats EDGA, C2, CBOE, Bats BYX, Bats EDGX, Bats BZX, ISE, BX, Nasdaq, GEMX, MRX, and Phlx were published for comment in the Federal Register on December 14, 2017 51 and December 15, 2017.52 The Commission received two 44 MIAX and PEARL filed Amendment No. 2 to their proposed rule changes on December 1, 2017. 45 NASDAQ, Phlx and IEX filed Amendment No. 2 to their proposed rule changes on December 4, 2017. 46 ISE filed Amendment No. 2 to its proposed rule change on December 5, 2017. 47 GEMX and MRX filed Amendment No. 2 to their proposed rule changes on December 6, 2017. 48 BX, BOX, Bats EDGA, C2, CBOE, Bats BYX, Bats EDGX, and Bats BZX filed Amendment No. 2 to their proposed rule changes on December 7, 2017. 49 Amendment No. 2 to the proposed rule changes proposed to make a correction to the Amendment No. 1 fee schedule to change a parenthetical regarding the OTC Equity Securities discount in paragraph (b)(2) of the proposed fee schedule from ‘‘with a discount for Equity ATSs exclusively trading OTC Equity Securities based on the average shares per trade ratio between NMS Stocks and OTC Equity Securities’’ to ‘‘with a discount for OTC Equity Securities market share of Equity ATSs trading OTC Equity Securities based on the average shares per trade ratio between NMS Stocks and OTC Equity Securities.’’ NASDAQ, Phlx, ISE, GEMX, MRX and BX filed an Amendment No. 2 that replaced and superseded Amendment No. 1 to their proposed rule changes. FINRA did not file Amendment No. 2 to its proposed rule change because its Amendment No. 1 did not need the correction made by the other Participants’ Amendment No. 2. 50 See Securities Exchange Act Release Nos. 82251 (December 8, 2017), 82 FR 59151 (December 14, 2017); 82252 (December 8, 2017), 82 FR 59037 (December 14, 2017); 82253 (December 8, 2017), 82 FR 58827 (December 14, 2017). 51 See Securities Exchange Act Release Nos. 82254 (December 11, 2017), 82 FR 59094 (December 14, 2017); 82256 (December 11, 2017), 82 FR 59004 (December 14, 2017); 82258 (December 11, 2017), 82 FR 58917 (December 14, 2017); 82262 (December 11, 2017), 82 FR 59122 (December 14, 2017); 82264 (December 11, 2017), 82 FR 58971 (December 14, 2017); 82268 (December 11, 2017), 82 FR 58854 (December 14, 2017); 82274 (December 11, 2017), 82 FR 59177 (December 14, 2017); 82284 (December 11, 2017), 82 FR 58891 (December 14, 2017); 82285 (December 11, 2017), 82 FR 59040 (December 14, 2017); 82286 (December 11, 2017), 82 FR 59067 (December 14, 2017); and 82288 (December 11, 2017), 82 FR 58944 (December 14, 2017). 52 See Securities Exchange Act Release Nos. 82255 (December 11, 2017), 82 FR 59841 (December 15, 2017); 82257 (December 11, 2017), 82 FR 59835 (December 15, 2017); 82259 (December 11, 2017), 82 FR 59933 (December 15, 2017); 82260 (December 11, 2017), 82 FR 59907 (December 15, 2017); 82261 (December 11, 2017), 82 FR 59897 (December 15, E:\FR\FM\22JAN1.SGM Continued 22JAN1 3046 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices comment letters on the amended proposed rule changes.53 On January 9, 2018, CHX, MIAX and PEARL withdrew their proposed rule changes (SR–CHX–2017–08; SR–MIAX– 2017–18; SR–PEARL–2017–20). On January 10, 2018, Bats BYX, Bats BZX, Bats EDGA, Bats EDGX, BX, C2, CBOE, GEMX, IEX, ISE, MRX, Nasdaq and Phlx withdrew their proposed rule changes (SR–BatsBYX–2017–11; SR–BatsBZX– 2017–38; SR–BatsEDGA–2017–13; SR– BatsEDGX–2017–22; SR–BX–2017–023; SR–C2–2017–017; SR–CBOE–2017–040; SR–GEMX–2017–17; SR–IEX–2017–16; SR–ISE–2017–45; SR–MRX–2017–04; SR–NASDAQ–2017–046; SR–PHLX– 2017–37). On January 11, 2018, BOX, FINRA, NYSE, NYSE Arca, and NYSE MKT withdrew their proposed rule changes (SR–BOX–2017–16; SR– FINRA–2017–011; SR–NYSE–2017–22; SR–NYSEArca–2017–52; SR– NYSEMKT–2017–26). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.54 Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018–00974 Filed 1–19–18; 8:45 am] ethrower on DSK3G9T082PROD with NOTICES BILLING CODE 8011–01–P 2017); 82263 (December 11, 2017), 82 FR 59838 (December 15, 2017); 82265 (December 11, 2017), 82 FR 59723 (December 15, 2017); 82266 (December 11, 2017), 82 FR 59779 (December 15, 2017); 82267 (December 11, 2017), 82 FR 59680 (December 15, 2017); 82269 (December 11, 2017), 82 FR 59902 (December 15, 2017); 82270 (December 11, 2017), 82 FR 59805 (December 15, 2017); 82271 (December 11, 2017), 82 FR 59833 (December 15, 2017); 82272 (December 11, 2017), 82 FR 59871 (December 15, 2017); 82273 (December 11, 2017), 82 FR 59683 (December 15, 2017); 82275 (December 11, 2017), 82 FR 59721 (December 15, 2017); 82276 (December 11, 2017), 82 FR 59753 (December 15, 2017); 82277 (December 11, 2017), 82 FR 59905 (December 15, 2017); 82278 (December 11, 2017), 82 FR 59726 (December 15, 2017); 82279 (December 11, 2017), 82 FR 59900 (December 15, 2017); 82283 (December 11, 2017), 82 FR 59694 (December 15, 2017); and 82287 (December 11, 2017), 82 FR 59844 (December 15, 2017). 53 See Letter from Theodore R. Lazo, Managing Director and Associate General Counsel, Securities Industry and Financial Markets Association, to Brent J. Fields, Secretary, Commission (dated December 22, 2017), available at https:// www.sec.gov/comments/sr-batsbyx-2017-11/ batsbyx201711-2838733-161715.pdf; Letter from Joanna Mallers, Secretary, FIA Principal Traders Group, to Brent J. Fields, Secretary, Commission (dated January 12, 2018), available at https:// www.sec.gov/comments/sr-cboe-2017-040/ cboe2017040-2902365-161828.pdf. 54 17 CFR 200.30–3(a)(31). VerDate Sep<11>2014 19:00 Jan 19, 2018 Jkt 244001 SMALL BUSINESS ADMINISTRATION [Disaster Declaration #15438 and #15439; California Disaster Number CA–00282] Presidential Declaration of a Major Disaster for the State of California U.S. Small Business Administration. ACTION: Notice. AGENCY: This is a notice of the Presidential declaration of a major disaster for the state of California (FEMA–4353–DR), dated 01/15/2018. Incident: Wildfires, Flooding, Mudflows, and Debris Flows directly related to the Wildfires. Incident Period: 12/04/2017 and continuing. SUMMARY: Issued on 01/15/2018. Physical Loan Application Deadline Date: 03/16/2018. Economic Injury (EIDL) Loan Application Deadline Date: 10/15/2018. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President’s major disaster declaration on 01/15/2018, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties (Physical Damage and Economic Injury Loans): Los Angeles, San Diego, Santa Barbara, Ventura Contiguous Counties (Economic Injury Loans Only): California: Imperial, Kern, Orange, Riverside, San Bernardino, San Luis Obispo. The Interest Rates are: DATES: For Physical Damage: Homeowners With Credit Available Elsewhere ...................... Homeowners Without Credit Available Elsewhere .............. Businesses With Credit Available Elsewhere ...................... Businesses Without Credit Available Elsewhere .............. Non-Profit Organizations With Credit Available Elsewhere ... PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 Percent Non-Profit Organizations Without Credit Available Elsewhere ..................................... For Economic Injury: Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere .............. Non-Profit Organizations Without Credit Available Elsewhere ..................................... 2.500 3.385 2.500 The number assigned to this disaster for physical damage is 154385 and for economic injury is 154390. (Catalog of Federal Domestic Assistance Number 59008) James E. Rivera, Associate Administrator for Disaster Assistance. [FR Doc. 2018–01010 Filed 1–19–18; 8:45 am] BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #15370; OREGON Disaster Number OR–00088 Declaration of Economic Injury] Administrative Declaration Amendment of an Economic Injury Disaster for the State of Oregon U.S. Small Business Administration. ACTION: Amendment 1. AGENCY: This is an amendment of an Economic Injury Disaster Loan (EIDL) declaration of a disaster for the State of Oregon dated 10/31/2017. Incident: Eagle Creek Fire. Incident Period: 09/02/2017 through 11/30/2017. DATES: Issued on 01/11/2018. Economic Injury (EIDL) Loan Application Deadline Date: 07/31/2018. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Percent Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: The notice 3.500 of an Administrative declaration for the State of Oregon, dated 10/31/2017, is 1.750 hereby amended to establish the incident closing date as 11/30/2017. 6.770 All other information in the original declaration remains unchanged. 3.385 2.500 SUMMARY: (Catalog of Federal Domestic Assistance Number 59008) E:\FR\FM\22JAN1.SGM 22JAN1

Agencies

[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Notices]
[Pages 3043-3046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00974]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82503; File Nos. SR-BatsBYX-2017-11; SR-BatsBZX-2017-
38; SR-BatsEDGA-2017-13; SR-BatsEDGX-2017-22; SR-BOX-2017-16; SR-BX-
2017-023; SR-C2-2017-017; SR-CBOE-2017-040; SR-CHX-2017-08; SR-FINRA-
2017-011; SR-GEMX-2017-17; SR-IEX-2017-16; SR-ISE-2017-45; SR-MIAX-
2017-18; SR-MRX-2017-04; SR-NASDAQ-2017-046; SR-NYSE-2017-22; SR-
NYSEArca-2017-52; SR-NYSEMKT-2017-26; SR-PEARL-2017-20; SR-PHLX-2017-
37]

[[Page 3044]]


Self-Regulatory Organizations; Bats BYX Exchange, Inc. (n/k/a 
Cboe BYX Exchange, Inc.), Bats BZX Exchange, Inc. (n/k/a Cboe BZX 
Exchange, Inc.), Bats EDGA Exchange, Inc. (n/k/a Cboe EDGA Exchange, 
Inc.), Bats EDGX Exchange, Inc. (n/k/a Cboe EDGX Exchange, Inc.), BOX 
Options Exchange LLC, C2 Options Exchange, Incorporated (n/k/a Cboe C2 
Options Exchange, Inc.), Chicago Board Options Exchange, Incorporated 
(n/k/a Cboe Exchange, Inc.), Chicago Stock Exchange, Inc., Financial 
Industry Regulatory Authority, Inc., Investors' Exchange LLC, Miami 
International Securities Exchange, LLC, MIAX PEARL, LLC, Nasdaq BX, 
Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC, Nasdaq PHLX 
LLC, The Nasdaq Stock Market LLC, New York Stock Exchange LLC, NYSE 
Arca, Inc. and NYSE MKT LLC (n/k/a NYSE American LLC); Notice of 
Withdrawal of Proposed Rule Changes, as Modified by Amendments, To 
Establish Fees for Industry Members To Fund the Consolidated Audit 
Trail

January 16, 2018.
    On May 1, 2017,\1\ May 2, 2017,\2\ May 3, 2017,\3\ May 8, 2017,\4\ 
May 9, 2017,\5\ May 10, 2017,\6\ May 12, 2017,\7\ May 15, 2017,\8\ May 
16, 2017,\9\ and May 23, 2017,\10\ Bats BYX Exchange, Inc. (``Bats 
BYX'') (n/k/a Cboe BYX Exchange, Inc.),\11\ Bats BZX Exchange, Inc. 
(``Bats BZX'') (n/k/a Cboe BZX Exchange, Inc.),\12\ Bats EDGA Exchange, 
Inc. (``Bats EDGA'') (n/k/a Cboe EDGA Exchange, Inc.),\13\ Bats EDGX 
Exchange, Inc. (``Bats EDGX'') (n/k/a Cboe EDGX Exchange, Inc.),\14\ 
BOX Options Exchange LLC (``BOX''), C2 Options Exchange, Incorporated 
(``C2'') (n/k/a Cboe C2 Options Exchange, Inc.),\15\ Chicago Board 
Options Exchange, Incorporated (``CBOE'') (n/k/a Cboe Exchange, 
Inc.),\16\ Chicago Stock Exchange, Inc. (``CHX''), Financial Industry 
Regulatory Authority, Inc. (``FINRA''), Investors Exchange LLC 
(``IEX''), Nasdaq ISE, LLC (``ISE''), Miami International Securities 
Exchange, LLC (``MIAX''), MIAX PEARL, LLC (``PEARL''), Nasdaq BX, Inc. 
(``BX''), Nasdaq GEMX, LLC (``GEMX''), Nasdaq MRX, LLC (``MRX''), 
Nasdaq PHLX LLC (``Phlx''), The Nasdaq Stock Market LLC (``Nasdaq''), 
New York Stock Exchange LLC (``NYSE''), NYSE Arca, Inc. (``NYSE Arca'') 
and NYSE MKT LLC (``NYSE MKT'') (n/k/a NYSE American LLC) \17\ 
(collectively, the ``Participants'') filed with the Securities and 
Exchange Commission (the ``Commission''), pursuant to Section 19(b)(1) 
of the Securities Exchange Act of 1934 (``Act'') \18\ and Rule 19b-4 
thereunder,\19\ proposed rule changes to adopt fees to be charged to 
Industry Members to fund the Consolidated Audit Trail (collectively the 
``Original Proposed Rule Changes'').\20\ The Original Proposed Rule 
Changes were immediately effective upon filing with the Commission 
pursuant to Section 19(b)(3)(A) of the Act.\21\ The proposed rule 
changes submitted by MIAX and PEARL were published for comment in the 
Federal Register on May 19, 2017.\22\ The proposed rule changes 
submitted by BX, CHX, IEX, Nasdaq, NYSE, NYSE Arca and NYSE MKT were 
published for comment in the Federal Register on May 22, 2017.\23\ The 
proposed rule change submitted by FINRA was published for comment in 
the Federal Register on May 23, 2017.\24\ The proposed rule changes 
submitted by BOX, GEMX, ISE, MRX and Phlx were published for comment in 
the Federal Register on May 24, 2017.\25\ The proposed rule changes 
submitted by C2, CBOE and Bats EDGA were published for comment in the 
Federal Register on June 1, 2017.\26\ The proposed rule change 
submitted by Bats BYX was published for comment in the Federal

[[Page 3045]]

Register on June 5, 2017.\27\ The proposed rule changes submitted by 
Bats BZX and Bats EDGX were published for comment in the Federal 
Register on June 6, 2017.\28\ The Commission received seven comment 
letters on the Original Proposed Rule Changes,\29\ and a response to 
comments from the Participants.\30\ On June 30, 2017, the Commission 
temporarily suspended and initiated proceedings to determine whether to 
approve or disapprove the proposed rule changes.\31\ The Commission 
thereafter received seven comment letters,\32\ and a response to 
comments from the Participants.\33\ On October 25, 2017,\34\ October 
31, 2017,\35\ November 3, 2017,\36\ November 6, 2017,\37\ November 7, 
2017,\38\ November 9, 2017 \39\ and December 1, 2017,\40\ the 
Participants each filed an Amendment No. 1 to their Original Proposed 
Rule Changes that replaced and superseded the Original Proposed Rule 
Changes that had been temporarily suspended by the Commission. On 
November 9, 2017, the Commission extended the time period for 
Commission action on the proceedings to determine whether to approve or 
disapprove the proposed rule changes.\41\ On November 29, 2017,\42\ 
November 30, 2017,\43\ December 1, 2017,\44\ December 4, 2017,\45\ 
December 5, 2017,\46\ December 6, 2017 \47\ and December 7, 2017,\48\ 
the Participants, except FINRA, each filed Amendment No. 2 to their 
proposed rule changes.\49\ The amended proposed rule changes submitted 
by CHX and FINRA were published for comment in the Federal Register on 
December 14, 2017.\50\ The amended proposed rule changes submitted by 
PEARL, MIAX, IEX, NYSE, NYSE MKT, NYSE Arca, BOX, Bats EDGA, C2, CBOE, 
Bats BYX, Bats EDGX, Bats BZX, ISE, BX, Nasdaq, GEMX, MRX, and Phlx 
were published for comment in the Federal Register on December 14, 2017 
\51\ and December 15, 2017.\52\ The Commission received two

[[Page 3046]]

comment letters on the amended proposed rule changes.\53\
---------------------------------------------------------------------------

    \1\ Miami International Securities Exchange, LLC and MIAX PEARL 
LLC filed their proposed rule changes on May 1, 2017.
    \2\ The Nasdaq Stock Market LLC and Nasdaq BX, Inc. filed their 
proposed rule changes on May 2, 2017.
    \3\ Chicago Stock Exchange, Inc. filed its proposed rule change 
on May 3, 2017.
    \4\ Financial Industry Regulatory Authority, Inc. filed its 
proposed rule change on May 8, 2017.
    \5\ Investors Exchange LLC originally filed its proposed rule 
change on May 3, 2017 under File No. SR-IEX-2017-13, and 
subsequently withdrew that filing and filed a proposed rule change 
on May 9, 2017.
    \6\ The New York Stock Exchange LLC, NYSE Arca, Inc. and NYSE 
MKT LLC filed their proposed rule changes on May 10, 2017.
    \7\ Nasdaq GEMX LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC and Nasdaq 
PHLX LLC originally filed their proposed rule changes on May 3, 2017 
under File Nos. SR-GEMX-2017-11, SR-ISE-2017-40, SR-MRX-2017-03, and 
SR-PHLX-2017-35, and subsequently withdrew those filings and filed 
proposed rule changes on May 12, 2017.
    \8\ BOX Options Exchange LLC originally filed its proposed rule 
change on May 11, 2017 under File No. SR-BOX-2017-15, and 
subsequently withdrew that filing and filed a proposed rule change 
on May 15, 2017.
    \9\ Bats BYX Exchange, Inc., C2 Options Exchange, Incorporated 
and Chicago Board Options Exchange, Incorporated filed their 
proposed rule changes on May 16, 2017. Bats EDGA Exchange, Inc. 
originally filed its proposed rule change on May 5, 2017 under File 
No. SR-BatsEDGA-2017-11, and subsequently withdrew that filing on 
May 11, 2017 and filed a proposed rule change on May 16, 2017.
    \10\ Bats BZX Exchange, Inc. filed its proposed rule changes on 
May 23, 2017. Bats EDGX Exchange, Inc. originally filed its proposed 
rule change on May 5, 2017 under File No. SR-BatsEDGX-2017-20, and 
subsequently withdrew that filing on May 10, 2017 and filed a 
proposed rule change on May 23, 2017.
    \11\ See Securities Exchange Act Release No. 81952 (October 26, 
2017), 82 FR 50725 (November 1, 2017). The name change was not yet 
effective when Bats BYX filed SR-BatsBYX-2017-11.
    \12\ See Securities Exchange Act Release No. 81962 (October 26, 
2017), 82 FR 50711 (November 1, 2017). The name change was not yet 
effective when Bats BZX filed SR-BatsBZX-2017-38.
    \13\ See Securities Exchange Act Release No. 81957 (October 26, 
2017), 82 FR 50716 (November 1, 2017). The name change was not yet 
effective when Bats EDGA filed SR-BatsEDGA-2017-13.
    \14\ See Securities Exchange Act Release No. 81963 (October 26, 
2017), 82 FR 50697 (November 1, 2017). The name change was not yet 
effective when Bats EDGX filed SR-BatsEDGX-2017-22.
    \15\ See Securities Exchange Act Release No. 81979 (October 30, 
2017), 82 FR 51317 (November 3, 2017). The name change was not yet 
effective when C2 filed SR-C2-2017-017.
    \16\ See Securities Exchange Act Release No. 81981 (October 30, 
2017), 82 FR 51309 (November 3, 2017). The name change was not yet 
effective when CBOE filed SR-CBOE-2017-040.
    \17\ See Securities Exchange Act Release No. 80283 (March 21, 
2017), 82 FR 15244 (March 27, 2017). The name change was not yet 
effective when NYSE MKT filed SR-NYSEMKT-2017-26.
    \18\ 15 U.S.C. 78s(b)(1).
    \19\ 17 CFR 240.19b-4.
    \20\ See infra notes 22-28. The National Market System Plan 
Governing the Consolidated Audit Trail (``CAT NMS Plan'') was 
published for comment in the Federal Register on May 17, 2016, and 
approved by the Commission, as modified, on November 15, 2016. See 
Securities Exchange Act Release Nos. 77724 (April 27, 2016), 81 FR 
30614 (May 17, 2016); 79318 (November 15, 2016), 81 FR 84696 
(November 23, 2016).
    \21\ 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take 
effect upon filing with the Commission if it is designated by the 
exchange as ``establishing or changing a due, fee, or other charge 
imposed by the self-regulatory organization on any person, whether 
or not the person is a member of the self-regulatory organization.'' 
15 U.S.C. 78s(b)(3)(A)(ii).
    \22\ See Securities Exchange Act Release Nos. 80675 (May 15, 
2017), 82 FR 23100 (May 19, 2017) (SR-MIAX-2017-18); and 80676 (May 
15, 2017), 82 FR 23083 (May 19, 2017) (SR-PEARL-2017-20).
    \23\ See Securities Exchange Act Release Nos. 80697 (May 16, 
2017), 82 FR 23398 (May 22, 2017) (SR-BX-2017-023); 80691 (May 16, 
2017), 82 FR 23344 (May 22, 2017) (SR-CHX-2017-08); 80692 (May 16, 
2017), 82 FR 23325 (May 22, 2017) (SR-IEX-2017-16); 80696 (May 16, 
2017), 82 FR 23439 (May 22, 2017) (SR-NASDAQ-2017-046); 80693 (May 
16, 2017), 82 FR 23363 (May 22, 2017) (SR-NYSE-2017-22); 80698 (May 
16, 2017), 82 FR 23457 (May 22, 2017) (SR-NYSEArca-2017-52); and 
80694 (May 16, 2017), 82 FR 23416 (May 22, 2017) (SR-NYSEMKT-2017-
26).
    \24\ See Securities Exchange Act Release No. 80710 (May 17, 
2017), 82 FR 23639 (May 23, 2017) (SR-FINRA-2017-011).
    \25\ See Securities Exchange Act Release Nos. 80721 (May 18, 
2017), 82 FR 23864 (May 24, 2017) (SR-BOX-2017-16); 80713 (May 18, 
2017), 82 FR 23956 (May 24, 2017) (SR-GEMX-2017-17); 80715 (May 18, 
2017), 82 FR 23895 (May 24, 2017) (SR-ISE-2017-45); 80726 (May 18, 
2017), 82 FR 23915 (May 24, 2017) (SR-MRX-2017-04); and 80725 (May 
18, 2017), 82 FR 23935 (May 24, 2017) (SR-PHLX-2017-37).
    \26\ See Securities Exchange Act Release Nos. 80786 (May 26, 
2017), 82 FR 25474 (June 1, 2017) (SR-C2-2017-017); 80785 (May 26, 
2017), 82 FR 25404 (June 1, 2017) (SR-CBOE-2017-040); and 80784 (May 
26, 2017), 82 FR 25448 (June 1, 2017) (SR-BatsEDGA-2017-13).
    \27\ See Securities Exchange Act Release No. 80809 (May 30, 
2017), 82 FR 25837 (June 5, 2017) (SR-BatsBYX-2017-11).
    \28\ See Securities Exchange Act Release Nos. 80822 (May 31, 
2017), 82 FR 26148 (June 6, 2017) (SR-BatsBZX-2017-38); and 80821 
(May 31, 2017), 82 FR 26177 (June 6, 2017) (SR-BatsEDGX-2017-22).
    \29\ Since the Participants' proposed rule changes to adopt fees 
to be charged to Industry Members to fund the Consolidated Audit 
Trail are substantively identical, the Commission considered all 
comments received on the proposed rule changes regardless of the 
comment file to which they were submitted. See Letter from Theodore 
R. Lazo, Managing Director and Associate General Counsel, Securities 
Industry and Financial Markets Association, to Brent J. Fields, 
Secretary, Commission (dated June 6, 2017), available at: https://www.sec.gov/comments/sr-batsbzx-2017-38/batsbzx201738-1788188-153228.pdf; Letter from Patricia L. Cerny and Steven O'Malley, 
Compliance Consultants, to Brent J. Fields, Secretary, Commission 
(dated June 12, 2017), available at: https://www.sec.gov/comments/sr-cboe-2017-040/cboe2017040-1799253-153675.pdf; Letter from Daniel 
Zinn, General Counsel, OTC Markets Group Inc., to Eduardo A. Aleman, 
Assistant Secretary, Commission (dated June 13, 2017), available at: 
https://www.sec.gov/comments/sr-finra-2017-011/finra2017011-1801717-153703.pdf; Letter from Joanna Mallers, Secretary, FIA Principal 
Traders Group, to Brent J. Fields, Secretary, Commission (dated June 
22, 2017), available at: https://www.sec.gov/comments/sr-cboe-2017-040/cboe2017040-1819670-154195.pdf; Letter from Stuart J. Kaswell, 
Executive Vice President and Managing Director, General Counsel, 
Managed Funds Association, to Brent J. Fields, Secretary, Commission 
(dated June 23, 2017), available at: https://www.sec.gov/comments/sr-finra-2017-011/finra2017011-1822454-154283.pdf; and Letter from 
Suzanne H. Shatto, Investor, to Commission (dated June 27, 2017), 
available at: https://www.sec.gov/comments/sr-batsedgx-2017-22/batsedgx201722-154443.pdf. The Commission also received a comment 
letter which is not pertinent to these proposed rule changes. See 
Letter from Christina Crouch, Smart Ltd., to Brent J. Fields, 
Secretary, Commission (dated June 5, 2017), available at: https://www.sec.gov/comments/sr-batsbzx-2017-38/batsbzx201738-1785545-153152.htm.
    \30\ See Letter from CAT NMS Plan Participants to Brent J. 
Fields, Secretary, Commission (dated June 29, 2017), available at: 
https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-1832632-154584.pdf.
    \31\ See Securities Exchange Act Release No. 81067 (June 30, 
2017), 82 FR 31656 (July 7, 2017).
    \32\ See Letter from W. Hardy Callcott, Partner, Sidley Austin 
LLP, to Brent J. Fields, Secretary, Commission (dated July 27, 
2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2148338-157737.pdf; Letter from Kevin Coleman, 
General Counsel and Chief Compliance Officer, Belvedere Trading LLC, 
to Brent J. Fields, Secretary, Commission (dated July 28, 2017), 
available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2148360-157740.pdf; Letter from Joanna Mallers, 
Secretary, FIA Principal Traders Group, to Brent J. Fields, 
Secretary, Commission (dated July 28, 2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2151228-157745.pdf; Letter from Theodore R. Lazo, Managing Director and 
Associate General Counsel, SIFMA, to Brent J. Fields, Secretary, 
Commission (dated July 28, 2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2150977-157744.pdf; Letter 
from Stuart J. Kaswell, Executive Vice President and Managing 
Director, General Counsel, Managed Funds Association, to Brent J. 
Fields, Secretary, Commission (dated July 28, 2017), available at: 
https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2150818-157743.pdf; Letter from John Kinahan, Chief Executive 
Officer, Group One Trading, L.P., to Brent J. Fields, Secretary, 
Commission (dated August 10, 2017), available at: https://www.sec.gov/comments/sr-finra-2017-011/finra2017011-2214568-160619.pdf; Letter from Joseph Molluso, Executive Vice President and 
CFO, Virtu Financial, to Brent J. Fields, Commission (dated August 
18, 2017), available at: https://www.sec.gov/comments/sr-finra-2017-011/finra2017011-2238648-160830.pdf .
    \33\ See Letter from Michael Simon, Chair, CAT NMS Plan 
Operating Committee, to Brent J. Fields, Commission, Secretary 
(dated November 2, 2017), available at https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2674608-161412.pdf.
    \34\ NYSE, NYSE Arca and NYSE MKT filed Amendment No. 1 to their 
proposed rule changes on October 25, 2017.
    \35\ IEX filed Amendment No. 1 to its proposed rule change on 
October 31, 2017.
    \36\ Bats BYX, Bats BZX, Bats EDGA, Bats EDGX, CBOE and C2 filed 
Amendment No. 1 to their proposed rule changes on November 3, 2017.
    \37\ Nasdaq, BX, Phlx, ISE, MRX, and GEMX filed Amendment No. 1 
to their proposed rule changes on November 6, 2017.
    \38\ BOX, MIAX and PEARL filed Amendment No. 1 to their proposed 
rule changes on November 7, 2017.
    \39\ CHX filed Amendment No. 1 to its proposed rule change on 
November 9, 2017.
    \40\ FINRA filed Amendment No. 1 to its proposed rule change on 
December 1, 2017.
    \41\ See Securities Exchange Act Release No. 82049 (November 9, 
2017), 82 FR 53549 (November 16, 2017).
    \42\ NYSE, NYSE MKT and NYSE Arca filed Amendment No. 2 to their 
proposed rule changes on November 29, 2017.
    \43\ CHX filed Amendment No. 2 to its proposed rule change on 
November 30, 2017.
    \44\ MIAX and PEARL filed Amendment No. 2 to their proposed rule 
changes on December 1, 2017.
    \45\ NASDAQ, Phlx and IEX filed Amendment No. 2 to their 
proposed rule changes on December 4, 2017.
    \46\ ISE filed Amendment No. 2 to its proposed rule change on 
December 5, 2017.
    \47\ GEMX and MRX filed Amendment No. 2 to their proposed rule 
changes on December 6, 2017.
    \48\ BX, BOX, Bats EDGA, C2, CBOE, Bats BYX, Bats EDGX, and Bats 
BZX filed Amendment No. 2 to their proposed rule changes on December 
7, 2017.
    \49\ Amendment No. 2 to the proposed rule changes proposed to 
make a correction to the Amendment No. 1 fee schedule to change a 
parenthetical regarding the OTC Equity Securities discount in 
paragraph (b)(2) of the proposed fee schedule from ``with a discount 
for Equity ATSs exclusively trading OTC Equity Securities based on 
the average shares per trade ratio between NMS Stocks and OTC Equity 
Securities'' to ``with a discount for OTC Equity Securities market 
share of Equity ATSs trading OTC Equity Securities based on the 
average shares per trade ratio between NMS Stocks and OTC Equity 
Securities.'' NASDAQ, Phlx, ISE, GEMX, MRX and BX filed an Amendment 
No. 2 that replaced and superseded Amendment No. 1 to their proposed 
rule changes. FINRA did not file Amendment No. 2 to its proposed 
rule change because its Amendment No. 1 did not need the correction 
made by the other Participants' Amendment No. 2.
    \50\ See Securities Exchange Act Release Nos. 82251 (December 8, 
2017), 82 FR 59151 (December 14, 2017); 82252 (December 8, 2017), 82 
FR 59037 (December 14, 2017); 82253 (December 8, 2017), 82 FR 58827 
(December 14, 2017).
    \51\ See Securities Exchange Act Release Nos. 82254 (December 
11, 2017), 82 FR 59094 (December 14, 2017); 82256 (December 11, 
2017), 82 FR 59004 (December 14, 2017); 82258 (December 11, 2017), 
82 FR 58917 (December 14, 2017); 82262 (December 11, 2017), 82 FR 
59122 (December 14, 2017); 82264 (December 11, 2017), 82 FR 58971 
(December 14, 2017); 82268 (December 11, 2017), 82 FR 58854 
(December 14, 2017); 82274 (December 11, 2017), 82 FR 59177 
(December 14, 2017); 82284 (December 11, 2017), 82 FR 58891 
(December 14, 2017); 82285 (December 11, 2017), 82 FR 59040 
(December 14, 2017); 82286 (December 11, 2017), 82 FR 59067 
(December 14, 2017); and 82288 (December 11, 2017), 82 FR 58944 
(December 14, 2017).
    \52\ See Securities Exchange Act Release Nos. 82255 (December 
11, 2017), 82 FR 59841 (December 15, 2017); 82257 (December 11, 
2017), 82 FR 59835 (December 15, 2017); 82259 (December 11, 2017), 
82 FR 59933 (December 15, 2017); 82260 (December 11, 2017), 82 FR 
59907 (December 15, 2017); 82261 (December 11, 2017), 82 FR 59897 
(December 15, 2017); 82263 (December 11, 2017), 82 FR 59838 
(December 15, 2017); 82265 (December 11, 2017), 82 FR 59723 
(December 15, 2017); 82266 (December 11, 2017), 82 FR 59779 
(December 15, 2017); 82267 (December 11, 2017), 82 FR 59680 
(December 15, 2017); 82269 (December 11, 2017), 82 FR 59902 
(December 15, 2017); 82270 (December 11, 2017), 82 FR 59805 
(December 15, 2017); 82271 (December 11, 2017), 82 FR 59833 
(December 15, 2017); 82272 (December 11, 2017), 82 FR 59871 
(December 15, 2017); 82273 (December 11, 2017), 82 FR 59683 
(December 15, 2017); 82275 (December 11, 2017), 82 FR 59721 
(December 15, 2017); 82276 (December 11, 2017), 82 FR 59753 
(December 15, 2017); 82277 (December 11, 2017), 82 FR 59905 
(December 15, 2017); 82278 (December 11, 2017), 82 FR 59726 
(December 15, 2017); 82279 (December 11, 2017), 82 FR 59900 
(December 15, 2017); 82283 (December 11, 2017), 82 FR 59694 
(December 15, 2017); and 82287 (December 11, 2017), 82 FR 59844 
(December 15, 2017).
    \53\ See Letter from Theodore R. Lazo, Managing Director and 
Associate General Counsel, Securities Industry and Financial Markets 
Association, to Brent J. Fields, Secretary, Commission (dated 
December 22, 2017), available at https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2838733-161715.pdf; Letter from Joanna 
Mallers, Secretary, FIA Principal Traders Group, to Brent J. Fields, 
Secretary, Commission (dated January 12, 2018), available at https://www.sec.gov/comments/sr-cboe-2017-040/cboe2017040-2902365-161828.pdf.
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    On January 9, 2018, CHX, MIAX and PEARL withdrew their proposed 
rule changes (SR-CHX-2017-08; SR-MIAX-2017-18; SR-PEARL-2017-20). On 
January 10, 2018, Bats BYX, Bats BZX, Bats EDGA, Bats EDGX, BX, C2, 
CBOE, GEMX, IEX, ISE, MRX, Nasdaq and Phlx withdrew their proposed rule 
changes (SR-BatsBYX-2017-11; SR-BatsBZX-2017-38; SR-BatsEDGA-2017-13; 
SR-BatsEDGX-2017-22; SR-BX-2017-023; SR-C2-2017-017; SR-CBOE-2017-040; 
SR-GEMX-2017-17; SR-IEX-2017-16; SR-ISE-2017-45; SR-MRX-2017-04; SR-
NASDAQ-2017-046; SR-PHLX-2017-37). On January 11, 2018, BOX, FINRA, 
NYSE, NYSE Arca, and NYSE MKT withdrew their proposed rule changes (SR-
BOX-2017-16; SR-FINRA-2017-011; SR-NYSE-2017-22; SR-NYSEArca-2017-52; 
SR-NYSEMKT-2017-26).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\54\
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    \54\ 17 CFR 200.30-3(a)(31).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-00974 Filed 1-19-18; 8:45 am]
 BILLING CODE 8011-01-P
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