38748 Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Notices 

1 17 CFR 242.612(c). 

2See Securities Exchange Act Release No. 68303 

(November 27, 2012), 77 FR 71652 (December 3, 

2012) (‘‘RPI Approval Order’’) (SR–BXY–2012–019). 

3See Securities Exchange Act Release Nos. 71249 

(January 7, 2014), 79 FR 2229 (January 13, 2012) 

(SR–BYX–2014–001) (Notice of Filing and 

Immediate Effectiveness of a Proposed Rule Change 

to Extend the Pilot Period for the RPI); 71250 

(January 7, 2014), 79 FR 2234 (January 13, 2012) 

(Order Granting an Extension to Limited Exemption 

From Rule 612(c) of Regulation NMS in Connection 

With the Exchange’s Retail Price Improvement 

Program); 74111 (January 22, 2015), 80 FR 4598 

(January 28, 2015) (SR–BYX–2015–05) (Notice of 

Filing and Immediate Effectiveness of a Proposed 

Rule Change to Extend the Pilot Period for the RPI); 

and 74115 (January 22, 2015), 80 FR 4324 (January 

27, 2015) (Order Granting an Extension to Limited 

Exemption From Rule 612(c) of Regulation NMS in 

Connection With the Exchange’s Retail Price 

Improvement Program); 76965 (January 22, 2016), 

81 FR 4682 (January 27, 2016) (SR–BYX–2016–01) 

(Notice of Filing and Immediate Effectiveness of a 

Proposed Rule Change to Extend the Pilot Period for 

the RPI); 76953 (January 21, 2016), 81 FR 4728 

(January 27, 2016) (Order Granting an Extension to 

Limited Exemption From Rule 612(c) of Regulation 

NMS in Connection With the Exchange’s Retail 

Price Improvement Program); 78180 (June 28, 2016), 

81 FR 43306 (July 1, 2016) (SR–BYX–2016–15) 

(Notice of Filing and Immediate Effectiveness of a 

Proposed Rule Change to Extend the Pilot Period for 

the RPI); 78178 (July 5, 2016), 81 FR 43689 (July 

5, 2016) (Order Granting an Extension to Limited 

Exemption From Rule 612(c) of Regulation NMS in 

Connection With the Exchange’s Retail Price 

Improvement Program); 81368 (August 10, 2017), 82 

FR 38960 (August 16, 2017) (SR–BatsBYX–2017–18) 

(Notice of Filing and Immediate Effectiveness of a 

Proposed Rule Change to Extend the Pilot Period for 

the RPI); 81364 (August 8, 2018), 82 FR 38733 

(August 15, 2017) (Order Granting an Extension to 

Limited Exemption From Rule 612(c) of Regulation 

NMS in Connection With the Exchange’s Retail 

Price Improvement Program). 

4See letter from Anders Franzon, Senior Vice 

President and Associate General Counsel, Cboe 

BYX, to Brent J. Fields, Secretary, Commission, 

dated July 30, 2018. 

5See SR–CboeBYX–2018–015. 

6See RPI Approval Order, supra note 2, at 77 FR 

at 71657. 

7 17 CFR 200.30–3(a)(83). 

1 15 U.S.C. 78s(b). 

2 15 U.S.C. 78mm(a)(1). 

inspection and copying at the principal 

office of OCC and on OCC’s website at 

https://www.theocc.com/about/ 

publications/bylaws.jsp. 

All comments received will be posted 

without change. Persons submitting 

comments are cautioned that we do not 

redact or edit personal or 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–OCC–2017–809 and should 

be submitted on or before August 22, 

2018. 

By the Commission. 

Brent J. Fields, 

Secretary. 

[FR Doc. 2018–16824 Filed 8–6–18; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–83756; File No. SR–BYX– 

2012–019] 

Self-Regulatory Organization; Cboe 

BYX Exchange, Inc.; Order Granting an 

Extension to Limited Exemption From 

Rule 612(c) of Regulation NMS in 

Connection With the Exchange’s Retail 

Price Improvement Program 

August 1, 2018. 

On November 27, 2012, the Securities 

and Exchange Commission 

(‘‘Commission’’) issued an order 

pursuant to its authority under Rule 

612(c) of Regulation NMS (‘‘Sub-Penny 

Rule) 1 that granted the BATS BYXExchange, Inc. (nka ‘‘Cboe BYX’’ or the 

‘‘Exchange’’) a limited exemption from 

the Sub-Penny Rule in connection with 

the operation of the Exchange’s Retail 

Price Improvement (‘‘RPI’’) Program (the 

‘‘Program’’). The limited exemption was 

granted concurrently with the 

Commission’s approval of the 

Exchange’s proposal to adopt the 

Program for a one-year pilot term.2 The 

exemption was granted coterminous 

with the effectiveness of the pilot 

Program and has been extended five 

times; 3 both the pilot Program and 

exemption are scheduled to expire on 

July 31, 2018. 

The Exchange now seeks to extend 

the exemption until December 31, 

2018.4 The Exchange’s request was 

made in conjunction with an 

immediately effective filing that extends 

the operation of the Program until 

December 31, 2018.5 In its request to 

extend the exemption, the Exchange 

notes that the Program was 

implemented gradually over time. 

Accordingly, the Exchange has asked for 

additional time to allow itself and the 

Commission to analyze data concerning 

the Program, which the Exchange 

committed to provide to the 

Commission, as well as to allow 

additional opportunities for greater 

participation in the Program.6 For this 

reason and the reasons stated in the 

Order originally granting the limited 

exemption, the Commission finds that 

extending the exemption, pursuant to its 

authority under Rule 612(c) of 

Regulation NMS, is appropriate in the 

public interest and consistent with the 

protection of investors. 

THEREFORE, IT IS HEREBY 

ORDERED, that, pursuant to Rule 612(c) 

of Regulation NMS, the Exchange is 

granted a limited exemption from Rule 

612(c) of Regulation NMS that allows it 

to accept and rank orders priced equal 

to or greater than $1.00 per share in 

increments of $0.001, in connection 

with the operation of its RPI Program. 

The limited and temporary exemption 

extended by this Order is subject to 

modification or revocation if at any time 

the Commission determines that such 

action is necessary or appropriate in 

furtherance of the purposes of the 

Securities Exchange Act of 1934. 

Responsibility for compliance with any 

applicable provisions of the federal 

securities laws must rest with the 

persons relying on the exemptions that 

are the subject of this Order. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Brent J. Fields, 

Secretary. 

[FR Doc. 2018–16798 Filed 8–6–18; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–83757] 

Order Granting Applications by 

Nasdaq BX, Inc., Nasdaq GEMX, LLC, 

Nasdaq ISE, LLC, Nasdaq MRX, LLC, 

and Nasdaq PHLX LLC for Exemption 

Pursuant to Section 36(a) of the 

Exchange Act From the Rule Filing 

Requirements of Section 19(b) of the 

Exchange Act With Respect to Certain 

CAT Rules Incorporated by Reference 

August 1, 2018. 

Nasdaq BX, Inc. (‘‘BX’’), Nasdaq 

GEMX, LLC (‘‘GEMX’’), Nasdaq ISE, 

LLC (‘‘ISE’’), Nasdaq MRX, LLC 

(‘‘MRX’’), and Nasdaq PHLX LLC 

(‘‘Phlx’’) (each the ‘‘Exchange’’ and 

collectively, the ‘‘Exchanges’’) have 

filed with the Securities and Exchange 

Commission (the ‘‘Commission’’) an 

application for an exemption from the 

rule filing requirements of Section 19(b) 

of the Securities Exchange Act of 1934 

(the ‘‘Exchange Act’’) 1 with respect to 

certain rules of The Nasdaq Stock 

Market LLC (the ‘‘Nasdaq Market’’) that 

the Exchanges seek to incorporate by 

reference. Section 36(a)(1) of the 

Exchange Act,2 subject to certain 

limitations, authorizes the Commission 

to conditionally or unconditionally 

exempt any person, security, or 

transaction, or any class thereof, from 

any provision of the Exchange Act or 

rule thereunder, if necessary or 

appropriate in the public interest and 

consistent with the protection of 

investors. 


daltland on DSKBBV9HB2PROD with NOTICES