Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices 43607 

3115 U.S.C. 78s(b)(3)(A)(iii). 

3217 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) 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 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. 3317 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

burden on intramarket competition 

because the proposed provisions apply 

to all market participants equally. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

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)(iii) of the Act 31 and 

subparagraph (f)(6) of Rule 19b–4 

thereunder.32

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: (i) Necessary or appropriate in 

the public interest; (ii) for the protection 

of investors; or (iii) 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 

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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

NYSEAMER–2017–12 on the subject 

line. 

Paper Comments 

• Send paper comments in triplicate 

to Brent J. Fields, Secretary, Securities 

and Exchange Commission, 100 F Street 

NE., Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–NYSEAMER–2017–12. 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 Web site (http://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 Web site 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 such 

filing also will be available for 

inspection and copying at the principal 

office of the Exchange. All comments 

received will be posted without change; 

the Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR– 

NYSEAMER–2017–12, and should be 

submitted on or before October 10, 

2017. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.33

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2017–19711 Filed 9–15–17; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–81583; File No. SR–Phlx– 

2017–72] 

Self-Regulatory Organizations; 

NASDAQ PHLX LLC; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change To Add a 

Missing Letter to Section IV, Part D of 

the Pricing Schedule 

September 12, 2017. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1, and Rule 19b–4 thereunder,2

notice is hereby given that on 

September 1, 2017, NASDAQ PHLX LLC 

(‘‘Phlx’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘SEC’’ or ‘‘Commission’’) the proposed 

rule change as described in Items I and 

II, below, which Items have been 

prepared by the Exchange. 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 proposes to add a 

missing letter to Section IV, Part D of 

the Pricing Schedule. 

The text of the proposed rule change 

is set forth below. Proposed new 

language is italicized. 

* * * * * 


sradovich on DSKBBY8HB2PROD with NOTICES
43608 Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices 

3See Securities and Exchange Act Release No. 

81343 (August 8, 2017), 82 FR 37964 (August 14, 

2017) (SR–Phlx–2017–54). 

4 15 U.S.C. 78f(b). 

5 15 U.S.C. 78f(b)(5). 

6 15 U.S.C. 78s(b)(3)(A)(iii). 

7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) requires a self-regulatory organization to give 

the Commission written notice of its intent to file 

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. 

8 17 CFR 240.19b–4(f)(6). 

9 17 CFR 240.19b–4(f)(6)(iii). 

10For purposes only of waiving the 30-day 

operative delay, the Commission has also 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 

NASDAQ PHLX LLC PRICING 

SCHEDULE 

THE EXCHANGE CALCULATES FEES 

ON A TRADE DATE BASIS. 

POLICY FOR AMENDING BILLING 

INFORMATION: CORRECTIONS 

SUBMITTED AFTER TRADE DATE 

AND PRIOR TO THE ISSUANCE OF 

AN INVOICE BY THE EXCHANGE 

MUST BE SUBMITTED TO THE 

EXCHANGE IN WRITING AND MUST 

BE ACCOMPANIED BY SUPPORTING 

DOCUMENTATION. ONLY MEMBERS 

MAY SUBMIT TRADE CORRECTIONS. 

ALL BILLING DISPUTES MUST BE 

SUBMITTED TO THE EXCHANGE IN 

WRITING AND MUST BE 

ACCOMPANIED BY SUPPORTING 

DOCUMENTATION. ALL DISPUTES 

MUST BE SUBMITTED NO LATER 

THAN SIXTY (60) DAYS AFTER 

RECEIPT OF A BILLING INVOICE, 

EXCEPT FOR DISPUTES 

CONCERNING NASDAQ PSX FEES, 

PROPRIETARY DATA FEED FEES AND 

CO-LOCATION SERVICES FEES. THE 

EXCHANGE CALCULATES FEES ON A 

TRADE DATE BASIS. ONLY 

MEMBERS MAY SUBMIT BILLING 

DISPUTES. 

* * * * * 

IV. Other Transaction Fees 

* * * * * 

D. Options Regulatory Fee 

$0.0045 per contract side 

The Options Regulatory Fee (‘‘ORF’’) 

is assessed by Phlx to each Phlx member 

for options transactions cleared by The 

Options Clearing Corporation (‘‘OCC’’) 

in the Customer range where: (1) the 

execution occurs on Phlx or (2) the 

execution occurs on another exchange 

and is cleared by a Phlx member. The 

ORF is collected by OCC on behalf of 

Phlx from (1) Phlx clearing members for 

all Customer transactions they clear or 

(2) non-members for all Customer 

transactions they clear that were 

executed on Phlx. Phlx uses reports 

from OCC when assessing and collecting 

ORF. The Exchange will notify members 

via an Options Trader Alert of any 

change in the amount of the fee at least 

30 calendar days prior to the effective 

date of the change. 

* * * * * 

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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange recently filed a 

proposal to amend the Exchange’s 

Options Regulatory Fee at Section IV, 

Part D of the Pricing Schedule.3 In that 

proposal, the Exchange inadvertently 

forgot to add the ‘‘c’’ in the word 

‘‘clearing’’ in the following sentence: 

‘‘The ORF is collected by OCC on behalf 

of Phlx from (1) Phlx learing members 

for all Customer transactions they clear 

or (2) non-members for all Customer 

transactions they clear that were 

executed on Phlx. Phlx uses reports 

from OCC when assessing and collecting 

ORF.’’ The Exchange is filing this 

proposed rule change to add the ‘‘c’’ in 

the word ‘‘clearing’’ to clarify the 

sentence. 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Act,4 in general, and furthers the 

objectives of Section 6(b)(5) of the Act,5

in particular, in that it is designed to 

promote just and equitable principles of 

trade, to remove impediments to and 

perfect the mechanism of a free and 

open market and a national market 

system, and, in general to protect 

investors and the public interest, by 

clarifying the rule text to make clear its 

intended meaning. 

The Exchange proposes to correct the 

typographical error in the rule text of 

the Pricing Schedule related to the 

manner in which the Exchange collects 

the Options Regulatory Fee. The 

Exchange believes that clarifying the 

rule text is consistent with the Act in 

that it will protect investors and the 

public interest by correcting the spelling 

of a word to make clear the intended 

meaning. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition not 

necessary or appropriate in furtherance 

of the purposes of the Act. The 

proposed change is a non-substantive 

amendment to correct a typographical 

error related to the spelling of a word in 

the rule text. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were either 

solicited or received. 

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)(iii) of the Act 6 and 

subparagraph (f)(6) of Rule 19b–4 

thereunder.7

A proposed rule change filed 

pursuant to Rule 19b–4(f)(6) under the 

Act 8 normally does not become 

operative for 30 days after the date of its 

filing. However, Rule 19b–4(f)(6)(iii) 9

permits the Commission to designate a 

shorter time if such action is consistent 

with the protection of investors and the 

public interest. The Exchange has asked 

the Commission to waive the 30-day 

operative delay so that the proposal may 

become operative immediately upon 

filing. The Exchange states that waiver 

of the 30-day operative delay would 

avoid potential confusion that may be 

caused from the omission of the letter 

‘‘c’’ from the word ‘‘clearing.’’ Based on 

the foregoing, the Commission believes 

the waiver of the operative delay is 

consistent with the protection of 

investors and the public interest. 

Therefore, the Commission hereby 

waives the operative delay and 

designates the proposal operative upon 

filing.10


sradovich on DSKBBY8HB2PROD with NOTICES
Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices 43609 

11 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

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: (i) Necessary or appropriate in 

the public interest; (ii) for the protection 

of investors; or (iii) 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 

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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

Phlx–2017–72 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. 

All submissions should refer to File 

Number SR–Phlx–2017–72. 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 Web site (http://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 Web site 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; 

the Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–Phlx– 

2017–72, and should be submitted on or 

before October 10, 2017. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2017–19708 Filed 9–15–17; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–81603; File No. SR– 

NYSEARCA–2017–102] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend NYSE Arca 

Rule 7.35–E, NYSE Arca Rule 7.31–E 

and NYSE Arca Rule 7.23–E 

September 13, 2017. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on August 

31, 2017, NYSE Arca, Inc. (the 

‘‘Exchange’’ or ‘‘NYSE Arca’’) 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 self-regulatory 

organization. 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 proposes to amend (i) 

NYSE Arca Rule 7.35–E (Auctions) to 

provide that Market-on-Open (‘‘MOO’’), 

Limit-on-Open (‘‘LOO’’) Orders, and 

Imbalance Offset (‘‘IO’’) Orders would 

be cancelled if the Re-Opening Time for 

a Trading Halt Auction would be in the 

last ten minutes of trading before the 

end of Core Trading Hours; (ii) NYSE 

Arca Rule 7.31–E (Orders and 

Modifiers) regarding IO Orders; and (iii) 

NYSE Arca Rule 7.23–E (Obligations of 

Market Makers) to amend obsolete cross 

references. The proposed rule change is 

available on the Exchange’s Web site at 

www.nyse.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 

self-regulatory organization 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 those 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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend (i) 

NYSE Arca Rule 7.35–E (Auctions) 

(‘‘Rule 7.35–E’’) to provide that MOO, 

LOO, and IO Orders would be cancelled 

if the Re-Opening Time for a Trading 

Halt Auction would be in the last ten 

minutes of trading before the end of 

Core Trading Hours; (ii) NYSE Arca 

Rule 7.31–E (Orders and Modifiers) 

(‘‘Rule 7.31–E’’) regarding IO Orders; 

and (iii) NYSE Arca Rule 7.23–E 

(Obligations of Market Makers) (‘‘Rule 

7.23–E’’) to amend obsolete cross 

references. 

Rule 7.35–E(e)(10) provides that if the 

Reopening Time for a Trading Halt 

Auction would be in the last ten 

minutes of trading before the end of 

Core Trading Hours, the Exchange will 

not conduct a Trading Halt Auction in 

that security, will not transition to 

continuous trading, will remain paused, 

and will conduct a Closing Auction in 

such security as provided for in Rule 

7.35–E(d). Rule 7.35–E(e)(10)(A) further 

provides that in such circumstances, 

MOO Orders, LOO Orders, and IO 

Orders entered during the pause or halt 

will not participate in the Closing 

Auction and will expire at the end of 

the Core Trading Session. 

The Exchange proposes to amend 

Rule 7.35–E(e)(10)(A) to provide that in 

such circumstances, MOO Orders, LOO 

Orders, and IO Orders entered during 

the pause or halt will not participate in 

the Closing Auction and will be 

cancelled. This proposed rule change is 

not intended to make any functional 

changes to when MOO Orders, LOO 

Orders, and IO Orders are eligible to 

trade at the Exchange; these orders still 

would not participate in a Closing 


sradovich on DSKBBY8HB2PROD with NOTICES