Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Bats EDGX Exchange, Inc.; BOX Options Exchange LLC; C2 Options Exchange, Incorporated; Chicago Board Options Exchange, Incorporated; Financial Industry Regulatory Authority, Inc.; International Securities Exchange, LLC; Investors Exchange LLC; Miami International Securities Exchange LLC; MIAX PEARL, LLC; The NASDAQ Stock Market LLC; NASDAQ BX, Inc.; NASDAQ PHLX LLC; New York Stock Exchange LLC; NYSE Arca, Inc.; NYSE MKT LLC; Notice of Withdrawal of Proposed Rule Changes, as Modified by Amendments Thereto, To Eliminate Requirements That Will Be Duplicative of CAT, 3239-3240 [2018-01095]
Download as PDF
Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
Inc. (‘‘Bats EDGX’’) (n/k/a Cboe EDGX
Exchange, Inc.); 2 BOX Options
Exchange LLC (‘‘BOX’’); C2 Options
Sunshine Act Meetings
Exchange, Incorporated (‘‘C2’’) (n/k/a
Cboe C2 Exchange, Inc.); 3 Chicago
FEDERAL REGISTER CITATION OF PREVIOUS
Board Options Exchange, Incorporated
ANNOUNCEMENT: To be Published.
(‘‘CBOE’’) (n/k/a Cboe Exchange, Inc.); 4
PREVIOUSLY ANNOUNCED TIME AND DATE OF Financial Industry Regulatory
THE MEETING: Wednesday, January 24,
Authority, Inc. (‘‘FINRA’’); International
2018 at 2:00pm.
Securities Exchange, LLC (‘‘ISE’’);
Investors Exchange LLC (‘‘IEX’’); Miami
CHANGES IN THE MEETING: The Closed
International Securities Exchange LLC
Meeting scheduled for Wednesday,
(‘‘MIAX’’); MIAX PEARL, LLC
January 24, 2018 at 2:00 p.m. has been
(‘‘PEARL’’); NYSE Arca, Inc. (‘‘NYSE
changed to Wednesday, January 24,
Arca’’); and NYSE MKT LLC (‘‘NYSE
2018 at 11:00 a.m.
5
CONTACT PERSON FOR MORE INFORMATION: MKT’’) (n/k/a NYSE American LLC)
For further information and to ascertain filed with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
what, if any, matters have been added,
deleted or postponed, please contact the to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 6 and Rule
Office of the Secretary at (202) 551–
19b–4 thereunder,7 proposed rule
5400.
changes to eliminate or modify certain
Dated: January 19, 2018.
rules that require the collection or
Brent J. Fields,
reporting of information that is
Secretary.
duplicative of the information that will
[FR Doc. 2018–01294 Filed 1–19–18; 4:15 pm]
be collected by the Consolidated Audit
Trail (‘‘CAT’’) established pursuant to
BILLING CODE 8011–01–P
the National Market System Plan
contemplated by Rule 613 of Regulation
SECURITIES AND EXCHANGE
NMS.8 On May 22, 2017, the New York
COMMISSION
Stock Exchange LLC (‘‘NYSE’’) filed
with the Commission a proposed rule
[Release No. 34–82524; File Nos. SR–
BatsBZX–2017–37; SR–BatsEDGX–2017–23; change for the same purpose, and each
of NYSE Arca and NYSE MKT filed an
SR–BOX–2017–17; SR–C2–2017–018; SR–
additional proposed rule change for the
CBOE–2017–041; SR–FINRA–2017–013;
SR–ISE–2017–46; SR–IEX–2017–18; SR–
same purpose. On May 26, 2017, the
MIAX–2017–20; SR–PEARL–2017–23; SR–
NASDAQ Stock Market LLC
NASDAQ–2017–055; SR–BX–2017–027; SR– (‘‘NASDAQ’’) and NASDAQ PHLX LLC
Phlx–2017–43; SR–NYSE–2017–23; SR–
(‘‘Phlx’’) filed with the Commission
NYSEArca–2017–57; SR–NYSEArca–2017–
proposed rule changes for the same
59; SR–NYSEMKT–2017–29; SR–NYSEMKT–
purpose.9 On May 30, 2017, NASDAQ
2017–30]
BX, Inc. (‘‘BX’’) filed with the
Commission a proposed rule change for
Self-Regulatory Organizations; Bats
BZX Exchange, Inc.; Bats EDGX
(SR–BatsBZX–2017–70). The name change was not
Exchange, Inc.; BOX Options
yet effective when Bats BZX filed SR–BatsBZX–
Exchange LLC; C2 Options Exchange,
2017–37.
2 See Securities Exchange Act Release No. 81963
Incorporated; Chicago Board Options
(October 26, 2017), 82 FR 50697 (November 1, 2017)
Exchange, Incorporated; Financial
(SR–BatsEDGX–2017–41). The name change was
Industry Regulatory Authority, Inc.;
not yet effective when Bats EDGX filed SR–
International Securities Exchange,
BatsEDGX–2017–23.
3 See Securities Exchange Act Release No. 81979
LLC; Investors Exchange LLC; Miami
International Securities Exchange LLC; (October 30, 2017), 82 FR 51317 (November 3, 2017)
MIAX PEARL, LLC; The NASDAQ Stock (SR–C2–2017–028). The name change was not yet
effective when C2 filed SR–C2–2017–018.
Market LLC; NASDAQ BX, Inc.;
4 See Securities Exchange Act Release No. 81981
NASDAQ PHLX LLC; New York Stock
(October 30, 2017), 82 FR 51309 (November 3, 2017)
Exchange LLC; NYSE Arca, Inc.; NYSE (SR–CBOE–2017–066). The name change was not
yet effective when CBOE filed SR–CBOE–2017–041.
MKT LLC; Notice of Withdrawal of
5 See Securities Exchange Act Release No. 80283
Proposed Rule Changes, as Modified
(March 21, 2017), 82 FR 15244 (March 27, 2017)
by Amendments Thereto, To Eliminate (SR–NYSEMKT–2017–14). The name change was
Requirements That Will Be Duplicative not yet effective when NYSE MKT filed SR–
NYSEMKT–2017–29 and SR–NYSEMKT–2017–30.
of CAT
sradovich on DSK3GMQ082PROD with NOTICES
SECURITIES AND EXCHANGE
COMMISSION
6 15
January 17, 2018.
On May 15, 2017, Bats BZX Exchange,
Inc. (‘‘Bats BZX’’) (n/k/a Cboe BZX
Exchange, Inc.); 1 Bats EDGX Exchange,
1 See Securities Exchange Act Release No. 81962
(October 26, 2017), 82 FR 50711 (November 1, 2017)
VerDate Sep<11>2014
17:59 Jan 22, 2018
U.S.C. 78s(b)(1).
CFR 240.19b–4.
8 17 CFR 242.613.
9 NASDAQ and Phlx initially filed proposed rule
changes on May 15, 2017 (SR–NASDAQ–2017–050
and SR–PHLX–2017–38). On May 26, 2017,
NASDAQ and Phlx withdrew these filings and
submitted new proposed rule changes (SR–
NASDAQ–2017–055 and SR–PHLX–2017–43).
7 17
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Frm 00130
Fmt 4703
Sfmt 4703
3239
the same purpose.10 In this notice, all of
these proposed rule changes are referred
to collectively as the ‘‘Systems
Retirement Proposals.’’
On June 1, 2017, the proposed rule
changes submitted by Bats BZX, Bats
EDGX, BOX, C2, CBOE, FINRA, IEX,
ISE, MIAX, and PEARL; both proposed
rule changes submitted by NYSE MKT;
and one of the proposed rule changes
submitted by NYSE Arca were
published for comment in the Federal
Register.11 On June 2, 2017, the
proposed rule change submitted by
NYSE and the other proposed rule
change submitted by NYSE Arca were
published for comment in the Federal
Register.12 On June 5, 2017, the
proposed rule changes submitted by
NASDAQ, BX, and Phlx were published
for comment in the Federal Register.13
Four comments were submitted to
File Number SR–FINRA–2017–013.14
On June 22, 2017, each of NASDAQ,
BX, ISE, and Phlx filed an amendment
to its proposed rule change. On July 14,
10 BX initially filed a proposed rule change on
May 15, 2017 (SR–BX–2017–025). On May 30, 2017,
BX withdrew that initial filing and submitted a new
proposed rule change (SR–BX–2017–027).
11 See Securities Exchange Act Release No. 80796
(May 26, 2017), 82 FR 25374 (SR–BatsBZX–2017–
37); Securities Exchange Act Release No. 80795
(May 26, 2017), 82 FR 25358 (SR–BatsEDGX–2017–
23); Securities Exchange Act Release No. 80789
(May 26, 2017), 82 FR 25492 (SR–BOX–2017–17);
Securities Exchange Act Release No. 80798 (May
26, 2017), 82 FR 25385 (SR–C2–2017–018);
Securities Exchange Act Release No. 80797 (May
26, 2017), 82 FR 25429 (SR–CBOE–2017–041);
Securities Exchange Act Release No. 80783 (May
26, 2017), 82 FR 25423 (SR–FINRA–2017–013);
Securities Exchange Act Release No. 80788 (May
26, 2017), 82 FR 25400 (SR–IEX–2017–18);
Securities Exchange Act Release No. 80787 (May
26, 2017), 82 FR 25469 (SR–ISE–2017–46);
Securities Exchange Act Release No. 80790 (May
26, 2017), 82 FR 25366 (SR–MIAX–2017–20);
Securities Exchange Act Release No. 80792 (May
26, 2017), 82 FR 25436 (SR–PEARL–2017–23);
Securities Exchange Act Release No. 80791 (May
26, 2017), 82 FR 25362 (SR–NYSEArca–2017–59);
Securities Exchange Act Release No. 80793 (May
26, 2017), 82 FR 25443 (SR–NYSEMKT–2017–29);
Securities Exchange Act Release No. 80794 (May
26, 2017), 82 FR 25439 (SR–NYSEMKT–2017–30).
12 See Securities Exchange Act Release No. 80799
(May 26, 2017), 82 FR 25635 (SR–NYSE–2017–23);
Securities Exchange Act Release No. 80800 (May
26, 2017), 82 FR 25639 (SR–NYSEArca–2017–57).
13 See Securities Exchange Act Release No. 80813
(May 30, 2017), 82 FR 25820 (SR–NASDAQ–2017–
055); Securities Exchange Act Release No. 80814
(May 30, 2017), 82 FR 25872 (SR–BX–2017–027);
Securities Exchange Act Release No. 80811 (May
30, 2017), 82 FR 25863 (SR–Phlx–2017–43).
14 See letters from William H. Herbert, Managing
Director, Financial Information Forum (‘‘FIF’’),
dated June 22, 2017; Manisha Kimmel, Chief
Regulatory Officer, Wealth Management, Thomson
Reuters, dated June 22, 2017; Marc R. Bryant,
Senior Vice President, Deputy General Counsel,
Fidelity Investments, dated June 22, 2017; and Ellen
Greene, Managing Director and Theodore R. Lazo,
Managing Director and Associate General Counsel,
Securities Industry and Financial Markets
Association (‘‘SIFMA’’), dated June 23, 2017.
E:\FR\FM\23JAN1.SGM
23JAN1
3240
Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
2017, the Commission extended the
time period for Commission action on
all of the Systems Retirement Proposals
to August 30, 2017.15
On August 24, 2017, BOX submitted
Amendment No. 1 to its proposed rule
change, IEX submitted Amendment No.
1 to its proposed rule change, PEARL
submitted Amendment No. 2 to its
proposed rule change,16 and MIAX
submitted Amendment No. 3 to its
proposed rule change.17 On August 25,
2017, Bats BZX submitted Amendment
No. 1 to its proposed rule change, Bats
EDGX submitted Amendment No. 1 to
its proposed rule change, BX submitted
Amendment No. 2 to its proposed rule
change, C2 submitted Amendment No. 1
to its proposed rule change, CBOE
submitted Amendment No. 1 to its
proposed rule change, FINRA submitted
Amendment No. 1 to its proposed rule
change, ISE submitted Amendment No.
2 to its proposed rule change, NASDAQ
submitted Amendment No. 2 to its
proposed rule change, NYSE submitted
Amendment No. 1 to its proposed rule
change, NYSE Arca submitted
Amendment No. 1 to each of its
proposed rule changes, NYSE MKT
submitted Amendment No. 1 to each of
its proposed rule changes, and Phlx
submitted Amendment No. 2 to its
proposed rule change.
On August 30, 2017, the Commission
instituted proceedings under Section
19(b)(2)(B) of the Act 18 to determine
whether to approve or disapprove the
proposed rule changes, as modified by
the respective amendments thereto.19
Since then, the Commission has
received nine additional comment
letters on the proposed rule changes,
including a response from FINRA and a
response from the CAT NMS Plan
Operating Committee Chair on behalf of
Bats BZX, Bats EDGX, BOX, C2, CBOE,
IEX, ISE, MIAX, NASDAQ, BX, Phlx,
NYSE, NYSE Arca, NYSE MKT, and
PEARL.20 On November 21, 2017, the
15 See Securities Exchange Act Release No. 81145,
82 FR 33533 (July 20, 2017).
16 PEARL filed Amendment No. 1 to its proposed
rule change on August 22, 2017. On August 24,
2017, PEARL withdrew Amendment No. 1 and
replaced it with Amendment No. 2.
17 MIAX filed Amendment No. 1 to its proposed
rule change on August 22, 2017 and withdrew and
replaced it with Amendment No. 2 on the same day.
On August 24, 2017, MIAX withdrew Amendment
No. 2 and replaced it with Amendment No. 3.
18 15 U.S.C. 78s(b)(2)(B).
19 See Securities Exchange Act Release No. 81499,
82 FR 42168 (September 6, 2017) (‘‘OIP’’).
20 Seven substantive comment letters were
submitted in response to the OIP. See letters from
Manisha Kimmel, Chief Regulatory Officer, Wealth
Management, Thomson Reuters, dated September
27, 2017; William H. Herbert, Managing Director,
FIF, dated September 29, 2017; Ellen Greene,
Managing Director and Theodore R. Lazo, Managing
VerDate Sep<11>2014
17:59 Jan 22, 2018
Jkt 244001
Commission extended the time period
for approving or disapproving the
proposed rule changes, as modified by
the respective amendments thereto, for
an additional 60 days until January 27,
2018.21
On January 9, 2018, MIAX and PEAL
withdrew their proposed rule changes
(File Numbers SR–MIAX–2017–20; SR–
PEARL–2017–23). On January 10, 2018,
Bats BZX, Bats EDGX, C2, CBOE, and
IEX withdrew their proposed rule
changes (File Numbers SR–BatsBZX–
2017–37; SR–BatsEDGX–2017–23; SR–
C2–2017–018; SR–CBOE–2017–041;
SR–IEX–2017–18). On January 11, 2018,
BOX withdrew its proposed rule change
(File Number SR–BOX–2017–17). On
January 12, 2018, FINRA, ISE,
NASDAQ, BX, and Phlx withdrew their
proposed rule changes (File Numbers
SR–FINRA–2017–013; SR–ISE–2017–46;
SR–NASDAQ–2017–055; SR–BX–2017–
027; SR–PHLX–2017–43). On January
16, 2018, NYSE withdrew its proposed
rule change (File Number SR–NYSE–
2017–23), and NYSE Arca and NYSE
MKT each withdrew both of their
proposed rule changes (File Numbers
SR–NYSEArca–017–57; SR–NYSEArca–
2017–59; SR–NYSEMKT–2017–29; SR–
NYSEMKT–2017–30).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.22
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–01095 Filed 1–22–18; 8:45 am]
BILLING CODE 8011–01–P
Director and Associate General Counsel, SIFMA,
dated September 29, 2017; Brant K. Brown,
Associate General Counsel, FINRA, dated October
11, 2017; William H. Herbert, Managing Director,
FIF, dated November 2, 2017; Michael Simon, CAT
NMS Plan Operating Committee Chair, dated
November 2, 2017; and Manisha Kimmel, Chief
Regulatory Officer, Wealth Management, Thomson
Reuters, dated December 18, 2017. An eighth letter
in response to the OIP requested additional time to
submit comments on the proposed rule changes.
See letter from William H. Herbert, Managing
Director, FIF, dated September 27, 2017. The ninth
comment letter was submitted solely to File
Number SR–Phlx–2017–43. See letter from Michael
Kitlas, dated November 14, 2017.
21 See Securities Exchange Act Release No. 82135,
82 FR 56287 (November 28, 2017).
22 17 CFR 200.30–3(a)(12).
PO 00000
Frm 00131
Fmt 4703
Sfmt 4703
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82512; File No. SR–
CboeBYX–2018–001]
Self-Regulatory Organizations; Cboe
BYX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Harmonize
the Definition of Non-Professional User
in Its Fee Schedule With That of Its
Affiliates
January 17, 2018.
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 January 8,
2018, Cboe BYX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BYX’’) 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 Exchange has
designated this proposal as a ‘‘noncontroversial’’ 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 the Market Data section of its fee
schedule to harmonize the definition of
‘‘Non-Professional User’’ with that of its
affiliates, Cboe Exchange, Inc. (‘‘Cboe’’)
and Cboe C2 Exchange, Inc. (‘‘C2’’).
The text of the proposed rule change
is available at the Exchange’s website at
www.markets.cboe.com, at the principal
office of the Exchange, and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in Sections A, B, and C below, of
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6)(iii).
2 17
E:\FR\FM\23JAN1.SGM
23JAN1
Agencies
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3239-3240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01095]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-82524; File Nos. SR-BatsBZX-2017-37; SR-BatsEDGX-2017-
23; SR-BOX-2017-17; SR-C2-2017-018; SR-CBOE-2017-041; SR-FINRA-2017-
013; SR-ISE-2017-46; SR-IEX-2017-18; SR-MIAX-2017-20; SR-PEARL-2017-23;
SR-NASDAQ-2017-055; SR-BX-2017-027; SR-Phlx-2017-43; SR-NYSE-2017-23;
SR-NYSEArca-2017-57; SR-NYSEArca-2017-59; SR-NYSEMKT-2017-29; SR-
NYSEMKT-2017-30]
Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Bats EDGX
Exchange, Inc.; BOX Options Exchange LLC; C2 Options Exchange,
Incorporated; Chicago Board Options Exchange, Incorporated; Financial
Industry Regulatory Authority, Inc.; International Securities Exchange,
LLC; Investors Exchange LLC; Miami International Securities Exchange
LLC; MIAX PEARL, LLC; The NASDAQ Stock Market LLC; NASDAQ BX, Inc.;
NASDAQ PHLX LLC; New York Stock Exchange LLC; NYSE Arca, Inc.; NYSE MKT
LLC; Notice of Withdrawal of Proposed Rule Changes, as Modified by
Amendments Thereto, To Eliminate Requirements That Will Be Duplicative
of CAT
January 17, 2018.
On May 15, 2017, Bats BZX Exchange, Inc. (``Bats BZX'') (n/k/a Cboe
BZX Exchange, Inc.); \1\ Bats EDGX Exchange, Inc. (``Bats EDGX'') (n/k/
a Cboe EDGX Exchange, Inc.); \2\ BOX Options Exchange LLC (``BOX''); C2
Options Exchange, Incorporated (``C2'') (n/k/a Cboe C2 Exchange, Inc.);
\3\ Chicago Board Options Exchange, Incorporated (``CBOE'') (n/k/a Cboe
Exchange, Inc.); \4\ Financial Industry Regulatory Authority, Inc.
(``FINRA''); International Securities Exchange, LLC (``ISE'');
Investors Exchange LLC (``IEX''); Miami International Securities
Exchange LLC (``MIAX''); MIAX PEARL, LLC (``PEARL''); NYSE Arca, Inc.
(``NYSE Arca''); and NYSE MKT LLC (``NYSE MKT'') (n/k/a NYSE American
LLC) \5\ filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \6\ and Rule 19b-4 thereunder,\7\
proposed rule changes to eliminate or modify certain rules that require
the collection or reporting of information that is duplicative of the
information that will be collected by the Consolidated Audit Trail
(``CAT'') established pursuant to the National Market System Plan
contemplated by Rule 613 of Regulation NMS.\8\ On May 22, 2017, the New
York Stock Exchange LLC (``NYSE'') filed with the Commission a proposed
rule change for the same purpose, and each of NYSE Arca and NYSE MKT
filed an additional proposed rule change for the same purpose. On May
26, 2017, the NASDAQ Stock Market LLC (``NASDAQ'') and NASDAQ PHLX LLC
(``Phlx'') filed with the Commission proposed rule changes for the same
purpose.\9\ On May 30, 2017, NASDAQ BX, Inc. (``BX'') filed with the
Commission a proposed rule change for the same purpose.\10\ In this
notice, all of these proposed rule changes are referred to collectively
as the ``Systems Retirement Proposals.''
---------------------------------------------------------------------------
\1\ See Securities Exchange Act Release No. 81962 (October 26,
2017), 82 FR 50711 (November 1, 2017) (SR-BatsBZX-2017-70). The name
change was not yet effective when Bats BZX filed SR-BatsBZX-2017-37.
\2\ See Securities Exchange Act Release No. 81963 (October 26,
2017), 82 FR 50697 (November 1, 2017) (SR-BatsEDGX-2017-41). The
name change was not yet effective when Bats EDGX filed SR-BatsEDGX-
2017-23.
\3\ See Securities Exchange Act Release No. 81979 (October 30,
2017), 82 FR 51317 (November 3, 2017) (SR-C2-2017-028). The name
change was not yet effective when C2 filed SR-C2-2017-018.
\4\ See Securities Exchange Act Release No. 81981 (October 30,
2017), 82 FR 51309 (November 3, 2017) (SR-CBOE-2017-066). The name
change was not yet effective when CBOE filed SR-CBOE-2017-041.
\5\ See Securities Exchange Act Release No. 80283 (March 21,
2017), 82 FR 15244 (March 27, 2017) (SR-NYSEMKT-2017-14). The name
change was not yet effective when NYSE MKT filed SR-NYSEMKT-2017-29
and SR-NYSEMKT-2017-30.
\6\ 15 U.S.C. 78s(b)(1).
\7\ 17 CFR 240.19b-4.
\8\ 17 CFR 242.613.
\9\ NASDAQ and Phlx initially filed proposed rule changes on May
15, 2017 (SR-NASDAQ-2017-050 and SR-PHLX-2017-38). On May 26, 2017,
NASDAQ and Phlx withdrew these filings and submitted new proposed
rule changes (SR-NASDAQ-2017-055 and SR-PHLX-2017-43).
\10\ BX initially filed a proposed rule change on May 15, 2017
(SR-BX-2017-025). On May 30, 2017, BX withdrew that initial filing
and submitted a new proposed rule change (SR-BX-2017-027).
---------------------------------------------------------------------------
On June 1, 2017, the proposed rule changes submitted by Bats BZX,
Bats EDGX, BOX, C2, CBOE, FINRA, IEX, ISE, MIAX, and PEARL; both
proposed rule changes submitted by NYSE MKT; and one of the proposed
rule changes submitted by NYSE Arca were published for comment in the
Federal Register.\11\ On June 2, 2017, the proposed rule change
submitted by NYSE and the other proposed rule change submitted by NYSE
Arca were published for comment in the Federal Register.\12\ On June 5,
2017, the proposed rule changes submitted by NASDAQ, BX, and Phlx were
published for comment in the Federal Register.\13\
---------------------------------------------------------------------------
\11\ See Securities Exchange Act Release No. 80796 (May 26,
2017), 82 FR 25374 (SR-BatsBZX-2017-37); Securities Exchange Act
Release No. 80795 (May 26, 2017), 82 FR 25358 (SR-BatsEDGX-2017-23);
Securities Exchange Act Release No. 80789 (May 26, 2017), 82 FR
25492 (SR-BOX-2017-17); Securities Exchange Act Release No. 80798
(May 26, 2017), 82 FR 25385 (SR-C2-2017-018); Securities Exchange
Act Release No. 80797 (May 26, 2017), 82 FR 25429 (SR-CBOE-2017-
041); Securities Exchange Act Release No. 80783 (May 26, 2017), 82
FR 25423 (SR-FINRA-2017-013); Securities Exchange Act Release No.
80788 (May 26, 2017), 82 FR 25400 (SR-IEX-2017-18); Securities
Exchange Act Release No. 80787 (May 26, 2017), 82 FR 25469 (SR-ISE-
2017-46); Securities Exchange Act Release No. 80790 (May 26, 2017),
82 FR 25366 (SR-MIAX-2017-20); Securities Exchange Act Release No.
80792 (May 26, 2017), 82 FR 25436 (SR-PEARL-2017-23); Securities
Exchange Act Release No. 80791 (May 26, 2017), 82 FR 25362 (SR-
NYSEArca-2017-59); Securities Exchange Act Release No. 80793 (May
26, 2017), 82 FR 25443 (SR-NYSEMKT-2017-29); Securities Exchange Act
Release No. 80794 (May 26, 2017), 82 FR 25439 (SR-NYSEMKT-2017-30).
\12\ See Securities Exchange Act Release No. 80799 (May 26,
2017), 82 FR 25635 (SR-NYSE-2017-23); Securities Exchange Act
Release No. 80800 (May 26, 2017), 82 FR 25639 (SR-NYSEArca-2017-57).
\13\ See Securities Exchange Act Release No. 80813 (May 30,
2017), 82 FR 25820 (SR-NASDAQ-2017-055); Securities Exchange Act
Release No. 80814 (May 30, 2017), 82 FR 25872 (SR-BX-2017-027);
Securities Exchange Act Release No. 80811 (May 30, 2017), 82 FR
25863 (SR-Phlx-2017-43).
---------------------------------------------------------------------------
Four comments were submitted to File Number SR-FINRA-2017-013.\14\
---------------------------------------------------------------------------
\14\ See letters from William H. Herbert, Managing Director,
Financial Information Forum (``FIF''), dated June 22, 2017; Manisha
Kimmel, Chief Regulatory Officer, Wealth Management, Thomson
Reuters, dated June 22, 2017; Marc R. Bryant, Senior Vice President,
Deputy General Counsel, Fidelity Investments, dated June 22, 2017;
and Ellen Greene, Managing Director and Theodore R. Lazo, Managing
Director and Associate General Counsel, Securities Industry and
Financial Markets Association (``SIFMA''), dated June 23, 2017.
---------------------------------------------------------------------------
On June 22, 2017, each of NASDAQ, BX, ISE, and Phlx filed an
amendment to its proposed rule change. On July 14,
[[Page 3240]]
2017, the Commission extended the time period for Commission action on
all of the Systems Retirement Proposals to August 30, 2017.\15\
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\15\ See Securities Exchange Act Release No. 81145, 82 FR 33533
(July 20, 2017).
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On August 24, 2017, BOX submitted Amendment No. 1 to its proposed
rule change, IEX submitted Amendment No. 1 to its proposed rule change,
PEARL submitted Amendment No. 2 to its proposed rule change,\16\ and
MIAX submitted Amendment No. 3 to its proposed rule change.\17\ On
August 25, 2017, Bats BZX submitted Amendment No. 1 to its proposed
rule change, Bats EDGX submitted Amendment No. 1 to its proposed rule
change, BX submitted Amendment No. 2 to its proposed rule change, C2
submitted Amendment No. 1 to its proposed rule change, CBOE submitted
Amendment No. 1 to its proposed rule change, FINRA submitted Amendment
No. 1 to its proposed rule change, ISE submitted Amendment No. 2 to its
proposed rule change, NASDAQ submitted Amendment No. 2 to its proposed
rule change, NYSE submitted Amendment No. 1 to its proposed rule
change, NYSE Arca submitted Amendment No. 1 to each of its proposed
rule changes, NYSE MKT submitted Amendment No. 1 to each of its
proposed rule changes, and Phlx submitted Amendment No. 2 to its
proposed rule change.
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\16\ PEARL filed Amendment No. 1 to its proposed rule change on
August 22, 2017. On August 24, 2017, PEARL withdrew Amendment No. 1
and replaced it with Amendment No. 2.
\17\ MIAX filed Amendment No. 1 to its proposed rule change on
August 22, 2017 and withdrew and replaced it with Amendment No. 2 on
the same day. On August 24, 2017, MIAX withdrew Amendment No. 2 and
replaced it with Amendment No. 3.
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On August 30, 2017, the Commission instituted proceedings under
Section 19(b)(2)(B) of the Act \18\ to determine whether to approve or
disapprove the proposed rule changes, as modified by the respective
amendments thereto.\19\ Since then, the Commission has received nine
additional comment letters on the proposed rule changes, including a
response from FINRA and a response from the CAT NMS Plan Operating
Committee Chair on behalf of Bats BZX, Bats EDGX, BOX, C2, CBOE, IEX,
ISE, MIAX, NASDAQ, BX, Phlx, NYSE, NYSE Arca, NYSE MKT, and PEARL.\20\
On November 21, 2017, the Commission extended the time period for
approving or disapproving the proposed rule changes, as modified by the
respective amendments thereto, for an additional 60 days until January
27, 2018.\21\
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\18\ 15 U.S.C. 78s(b)(2)(B).
\19\ See Securities Exchange Act Release No. 81499, 82 FR 42168
(September 6, 2017) (``OIP'').
\20\ Seven substantive comment letters were submitted in
response to the OIP. See letters from Manisha Kimmel, Chief
Regulatory Officer, Wealth Management, Thomson Reuters, dated
September 27, 2017; William H. Herbert, Managing Director, FIF,
dated September 29, 2017; Ellen Greene, Managing Director and
Theodore R. Lazo, Managing Director and Associate General Counsel,
SIFMA, dated September 29, 2017; Brant K. Brown, Associate General
Counsel, FINRA, dated October 11, 2017; William H. Herbert, Managing
Director, FIF, dated November 2, 2017; Michael Simon, CAT NMS Plan
Operating Committee Chair, dated November 2, 2017; and Manisha
Kimmel, Chief Regulatory Officer, Wealth Management, Thomson
Reuters, dated December 18, 2017. An eighth letter in response to
the OIP requested additional time to submit comments on the proposed
rule changes. See letter from William H. Herbert, Managing Director,
FIF, dated September 27, 2017. The ninth comment letter was
submitted solely to File Number SR-Phlx-2017-43. See letter from
Michael Kitlas, dated November 14, 2017.
\21\ See Securities Exchange Act Release No. 82135, 82 FR 56287
(November 28, 2017).
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On January 9, 2018, MIAX and PEAL withdrew their proposed rule
changes (File Numbers SR-MIAX-2017-20; SR-PEARL-2017-23). On January
10, 2018, Bats BZX, Bats EDGX, C2, CBOE, and IEX withdrew their
proposed rule changes (File Numbers SR-BatsBZX-2017-37; SR-BatsEDGX-
2017-23; SR-C2-2017-018; SR-CBOE-2017-041; SR-IEX-2017-18). On January
11, 2018, BOX withdrew its proposed rule change (File Number SR-BOX-
2017-17). On January 12, 2018, FINRA, ISE, NASDAQ, BX, and Phlx
withdrew their proposed rule changes (File Numbers SR-FINRA-2017-013;
SR-ISE-2017-46; SR-NASDAQ-2017-055; SR-BX-2017-027; SR-PHLX-2017-43).
On January 16, 2018, NYSE withdrew its proposed rule change (File
Number SR-NYSE-2017-23), and NYSE Arca and NYSE MKT each withdrew both
of their proposed rule changes (File Numbers SR-NYSEArca-017-57; SR-
NYSEArca-2017-59; SR-NYSEMKT-2017-29; SR-NYSEMKT-2017-30).
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\22\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01095 Filed 1-22-18; 8:45 am]
BILLING CODE 8011-01-P