Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices 3239 

1See 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. 2See 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. 

3See 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. 

4See 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. 

5See 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. 

9NASDAQ 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). 

10BX 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). 

11See 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). 

12See 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). 

13See 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). 

14See 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. 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meetings 

FEDERAL REGISTER CITATION OF PREVIOUS

ANNOUNCEMENT: To be Published. 

PREVIOUSLY ANNOUNCED TIME AND DATE OF

THE MEETING: Wednesday, January 24, 

2018 at 2:00pm. 

CHANGES IN THE MEETING: The Closed 

Meeting scheduled for Wednesday, 

January 24, 2018 at 2:00 p.m. has been 

changed to Wednesday, January 24, 

2018 at 11:00 a.m. 

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: January 19, 2018. 

Brent J. Fields, 

Secretary. 

[FR Doc. 2018–01294 Filed 1–19–18; 4:15 pm] 

BILLING CODE 8011–01–P 

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.’’ 

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, 


sradovich on DSK3GMQ082PROD with NOTICES
3240 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices 

15See Securities Exchange Act Release No. 81145, 

82 FR 33533 (July 20, 2017). 

16PEARL 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. 

17MIAX 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). 

19See Securities Exchange Act Release No. 81499, 

82 FR 42168 (September 6, 2017) (‘‘OIP’’). 

20Seven 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. 

21See Securities Exchange Act Release No. 82135, 

82 FR 56287 (November 28, 2017). 

22 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A). 

4 17 CFR 240.19b–4(f)(6)(iii). 

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 

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 

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 


sradovich on DSK3GMQ082PROD with NOTICES