Sunshine Act Meetings, 65768-65769 [2018-27829]
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65768
Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Notices
amozie on DSK3GDR082PROD with NOTICES1
regarding the material functionality and
operations of the EMMA system. As the
EMMA system disseminates information
about transactions occurring in the
municipal securities market, any
improvement with respect to the
understanding of how the EMMA
system operates will further perfect the
mechanism of a free and open market in
municipal securities. In addition, the
clarifying amendments to the EMMA IF
serve to foster the cooperation and
coordination with persons engaged in
regulating, clearing, settling, processing
information with respect to, and
facilitating transactions in municipal
securities and municipal financial
products, by making it more likely that
the market is promptly provided with
the latest information.
Specifically, the proposed
amendments would increase the clarity
and precision with respect to the
description of basic EMMA system
functionality and the high-level
parameters by which the MSRB operates
the EMMA system. The MSRB believes
that issuers, obligated persons, dealers,
other submitters and subscribers will
benefit from a clearer understanding of
this information. While additional
technical information regarding the
EMMA system is set forth in the EMMA
Reporting Specifications, the EMMA
Subscription Services Specifications,
and other similar documents that the
MSRB maintains, the MSRB believes
that it is important that material
information regarding the EMMA
system be clearly described in the
EMMA IF. The proposed rule change
serves this purpose.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
Section 15B(b)(2)(C) of the Act 19
requires that MSRB rules not be
designed to impose any burden on
competition not necessary or
appropriate in furtherance of the
purposes of the Act. The proposed rule
change consists of revisions to the
EMMA IF to better align the language of
the information facility to the MSRB’s
administration of the EMMA system.
The proposed rule change seeks to
clarify existing services and make minor
changes of a technical nature to the
information facility, including certain
revisions resulting from recent
amendments to Rule 15c2–12. The
proposed rule change will not
substantively modify the manner in
which the MSRB administers the
EMMA system in collecting and
disseminating information about
municipal securities. Accordingly, the
MSRB does not believe that the
proposed rule change will result in any
burden on competition that is not
necessary or appropriate in furtherance
of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Board did not solicit comment on
the proposed change. Therefore, there
are no comments on the proposed rule
change received from members,
participants or others.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing 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 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 20 and Rule 19b–
4(f)(6) thereunder.21
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.
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
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549.
All submissions should refer to File
Number SR–MSRB–2018–09. This file
number should be included on the
subject line if email is used. To help the
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U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
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For the Commission, pursuant to delegated
authority.22
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2018–27615 Filed 12–20–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
• 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–
MSRB–2018–09 on the subject line.
20 15
19 Id.
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 MSRB. 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–MSRB–2018–09 and should
be submitted on or before January 11,
2019.
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FEDERAL REGISTER CITATION OF PREVIOUS
ANNOUNCEMENT: 83 FR 64630, 17
December 2018.
PREVIOUSLY ANNOUNCED TIME AND DATE OF
THE MEETING: Wednesday, December 19,
2018 at 10:00 a.m.
The following
item will not be considered during the
Open Meeting on Wednesday, December
19, 2018:
• Whether to adopt rules to
implement Section 955 of the DoddFrank Wall Street Reform and Consumer
Protection Act by requiring disclosure
about the ability of a company’s
employees or directors to hedge or offset
CHANGES IN THE MEETING:
22 17
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CFR 200.30–3(a)(12).
21DEN1
Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Notices
any decrease in the market value of
equity securities granted as
compensation to, or held directly or
indirectly by, an employee or director.
CONTACT PERSON FOR MORE INFORMATION:
For further information and to ascertain
what, if any, matters have been added,
deleted or postponed, please contact the
Office of the Secretary at (202) 551–
5400.
Dated: December 18, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018–27829 Filed 12–19–18; 11:15 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–84830; File No. SR–
CboeBYX–2018–025]
Self-Regulatory Organizations; Cboe
BYX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Extend the
Pilot Period for the Exchange’s Retail
Price Improvement Program
December 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 December
11, 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 filed the
proposal as a ‘‘non-controversial’’
proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act 3 and
Rule 19b–4(f)(6) thereunder.4 The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
amozie on DSK3GDR082PROD with NOTICES1
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Cboe BYX Exchange, Inc. (‘‘BYX’’ or
the ‘‘Exchange’’) is filing with the
Securities and Exchange Commission
(the ‘‘Commission’’) a proposed rule
change to extend the pilot period for the
Exchange’s Retail Price Improvement
Program.
The text of the proposed rule change
is also available on the Exchange’s
website (https://www.cboe.com/
AboutCBOE/CBOELegalRegulatory
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
2 17
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Home.aspx), at the Exchange’s Office of
the Secretary, 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 aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to extend the pilot period for
the Exchange’s Retail Price
Improvement Program (the ‘‘Program’’).
The Program is currently set to expire
on the earlier of approval of the filing
to make the Program permanent or
December 31, 2018.5 The Exchange now
proposes to extend the Program until
the earlier of approval of the filing to
make the Program permanent or June
30, 2019.
Background
In November 2012, the Commission
approved the Program on a pilot basis.6
The Program is designed to attract retail
order flow to the Exchange, and allows
such order flow to receive potential
price improvement. The Program is
currently limited to trades occurring at
prices equal to or greater than $1.00 per
share. Under the Program, all Exchange
Users 7 are permitted to provide
potential price improvement for Retail
Orders 8 in the form of non-displayed
interest that is better than the national
5 The Exchange has filed to make the pilot
program permanent. See Securities Exchange Act
Release No. 83831 (August 13, 2018), 83 FR 41128
(August 17, 2018) (SR–CboeBYX–2018–014).
6 See Securities Exchange Act Release No. 68303
(November 27, 2012), 77 FR 71652 (December 3,
2012) (‘‘RPI Approval Order’’) (SR–BYX–2012–019).
7 A ‘‘User’’ is defined in BYX Rule 1.5(cc) as any
member or sponsored participant of the Exchange
who is authorized to obtain access to the System.
8 A ‘‘Retail Order’’ is defined in Rule 11.24(a)(2)
as an agency order that originates from a natural
person and is submitted to the Exchange by a RMO,
provided that no change is made to the terms of the
order with respect to price or side of market and
the order does not originate from a trading
algorithm or any computerized methodology. See
Rule 11.24(a)(2).
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65769
best bid that is a Protected Quotation
(‘‘Protected NBB’’) or the national best
offer that is a Protected Quotation
(‘‘Protected NBO’’, and together with the
Protected NBB, the ‘‘Protected NBBO’’).9
The Program was approved by the
Commission on a pilot basis running
one year from the date of
implementation.10 The Commission
approved the Program on November 27,
2012.11 The Exchange implemented the
Program on January 11, 2013, and has
extended the pilot period six times.12
The pilot period for the Program is
currently set to expire on the earlier of
approval of the filing to make this rule
permanent or December 31, 2018. This
filing seeks to extend the pilot until the
earlier of approval of the filing to make
the Program permanent or June 30,
2019.
Proposal To Extend the Operation of the
Program
The Exchange established the
Program in an attempt to attract retail
order flow to the Exchange by
potentially providing price
improvement to such order flow. The
Exchange believes that the Program
promotes competition for retail order
flow by allowing Exchange members to
submit Retail Price Improvement Orders
(‘‘RPI Orders’’) 13 to interact with Retail
Orders. Such competition has the ability
to promote efficiency by facilitating the
price discovery process and generating
9 The term Protected Quotation is defined in BYX
Rule 1.5(t) and has the same meaning as is set forth
in Regulation NMS Rule 600(b)(58). The terms
Protected NBB and Protected NBO are defined in
BYX Rule 1.5(s). The Protected NBB is the bestpriced protected bid and the Protected NBO is the
best-priced protected offer. Generally, the Protected
NBB and Protected NBO and the national best bid
(‘‘NBB’’) and national best offer (‘‘NBO’’, together
with the NBB, the ‘‘NBBO’’) will be the same.
However, a market center is not required to route
to the NBB or NBO if that market center is subject
to an exception under Regulation NMS Rule
611(b)(1) or if such NBB or NBO is otherwise not
available for an automatic execution. In such case,
the Protected NBB or Protected NBO would be the
best-priced protected bid or offer to which a market
center must route interest pursuant to Regulation
NMS Rule 611.
10 See RPI Approval Order, supra note 6 at 71652.
11 Id.
12 See Securities Exchange Act Release Nos.
71249 (January 7, 2014), 79 FR 2229 (January 13,
2014) (SR–BYX–2014–001); 74111 (January 22,
2015), 80 FR 4598 (January 28, 2015) (SR–BYX–
2015–05); 76965 (January 22, 2016), 81 FR 4682
(January 27, 2016) (SR–BYX–2016–01); 78180 (June
28, 2016), 81 FR 43306 (July 1, 2016) (SR–BatsBYX–
2016–15); 81368 (August 10, 2017), 82 FR 38960
(August 16, 2017) (SR–BatsBYX–2017–18); 83758
(August 1, 2018), 83 FR 38757 (August 7, 2018)
(SR–CboeBYX–2018–015).
13 A ‘‘Retail Price Improvement Order’’ is defined
in Rule 11.24(a)(3) as an order that consists of nondisplayed interest on the Exchange that is priced
better than the Protected NBB or Protected NBO by
at least $0.001 and that is identified as such. See
Rule 11.24(a)(3).
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Agencies
[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65768-65769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27829]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meetings
FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: 83 FR 64630, 17
December 2018.
PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: Wednesday, December
19, 2018 at 10:00 a.m.
CHANGES IN THE MEETING: The following item will not be considered
during the Open Meeting on Wednesday, December 19, 2018:
Whether to adopt rules to implement Section 955 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act by requiring
disclosure about the ability of a company's employees or directors to
hedge or offset
[[Page 65769]]
any decrease in the market value of equity securities granted as
compensation to, or held directly or indirectly by, an employee or
director.
CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at (202) 551-5400.
Dated: December 18, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-27829 Filed 12-19-18; 11:15 am]
BILLING CODE 8011-01-P