[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)]
[Notices]
[Pages 13031-13033]
[FR Doc No: 2017-04478]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80141; File No. SR-NYSEMKT-2017-07]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Renaming NYSE OptX

March 2, 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 February 23, 2017, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to rename NYSE OptX, an order entry platform
that would allow for the submission of Qualified Contingent Cross
(``QCC'') \4\ Orders and orders executed in the Exchange's Customer
Best Execution (``CUBE'') \5\ Auction by ATP Holders, to NYSE Options
IMprintTM. The proposed 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.
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    \4\ A QCC order is comprised of an originating order to buy or
sell at least 1,000 contracts, or 10,000 mini-options contracts,
that is identified as being part of a qualified contingent trade, as
that term is defined in Commentary .01 to Rule 900.3NY, coupled with
a contra-side order or orders totaling an equal number of contracts.
See Rule 900.3NY(y).
    \5\ CUBE is the Exchange's price improvement auction mechanism
that allows an ATP Holder to electronically submit a limit order it
represents as agent on behalf of a public customer, broker dealer,
or any other entity (``CUBE Order'') provided that the Initiating
Participant guarantees the execution of the CUBE Order by submitting
a contra-side order representing principal interest or interest it
has solicited to trade with the CUBE Order at a specified price or
by utilizing auto-match or auto-match limit features provided in the
Rule. See Rule 971.1NY.
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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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange recently introduced NYSE OptX,\6\ an order entry
platform

that would allow for the submission of QCC Orders and CUBE Orders by
ATP Holders.\7\ The purpose of this filing is to rename NYSE OptX to
NYSE Options IMprint. The Exchange is not proposing any change to the
service established in the NYSE OptX Rule Filing.
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    \6\ See Securities Exchange Act Release No. 79720 (January 3,
2017), 82 FR 2427 (January 9, 2017) (Order Approving Proposed Rule
Change, as Modified by Amendment No. 1 Thereto, Introducing NYSE
OptX) (SR-NYSEMKT-2016-102) (``NYSE OptX Rule Filing''). See also
Securities Exchange Act Release No. 79328 (November 16, 2016), 81 FR
83888 (November 22, 2016) (Notice of Filing of Proposed Rule Change,
as Modified by Amendment No. 1 Thereto, Introducing NYSE OptX) (SR-
NYSEMKT-2016-102).
    \7\ The term ``ATP Holder'' refers to a natural person, sole
proprietorship, partnership, corporation, limited liability company
or other organization, in good standing, that has been issued an
ATP. An ATP Holder must be a registered broker or dealer pursuant to
Section 15 of the Securities Exchange Act of 1934. See Rule
900.2NY.(5).
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    The Exchange has not yet introduced the service established in the
NYSE OptX Rule Filing to ATP Holders. As stated in the NYSE OptX Rule
Filing, the Exchange will announce the effective date of the rebranded
service in a Trader Update no later than 90 days following approval of
the NYSE OptX Rule Filing. The NYSE OptX Rule Filing was approved on
January 3, 2017. The Exchange notes it will publish the Trader Update
announcing the effective date of the re-branded service, NYSE Options
IMprint, no later than April 3, 2017. As represented in the NYSE OptX
Rule Filing, the effective date of NYSE Options IMprint will be no
later than 270 days following publication of the Trader Update.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \8\ of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5),\9\ in particular, in that it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanism of a
free and open market and a national market system. The Exchange asserts
that the proposed rule change, which is intended to rebrand an approved
service, will serve the Act's goals by ensuring that the Exchange's
rules use current terminology. The Exchange further believes the
proposed change is ministerial and is intended to eliminate any
potential investor confusion related to the service when it is
introduced under a new name, thereby removing impediments to and
perfecting the mechanism of a free and open market and a national
market system, and, in general, protecting investors and the public
interest.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\10\ the Exchange
does not believe that the proposed rule change would impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act. Moreover, the Exchange believes that proposed
rule change does not impact competition in any respect, since it is
designed to rename a previously approved service.
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    \10\ 15 U.S.C. 78f(b)(8).
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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

    This filing is made pursuant to Section 19(b)(3)(A) of the Act \11\
and Rule 19b-4(f)(5) \12\ thereunder.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(5).
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    This filing relates solely to effecting a change in an existing
order-entry or trading system of a self-regulatory organization that
(i) does not significantly affect the protection of investors or the
public interest, (ii) does not impose any significant burden on
competition, and (iii) does not have the effect of limiting the access
to or the availability of the system, and as such takes effect upon
filing under Subsection (iii) of Paragraph (A).
    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may 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. If the Commission takes such
action, the Commission shall institute proceedings under Section
19(b)(2)(B) \13\ of the Act to determine whether the proposed rule
change should be approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
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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<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2017-07 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-NYSEMKT-2017-07. 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-NYSEMKT-2017-07, and should
be submitted on or before March 29, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-04478 Filed 3-7-17; 8:45 am]
 BILLING CODE 8011-01-P


Comment Info: =================

General Comment:I respectfully request an extension of the comment period, as not all supporting documents have been posted to the docket.

Although the Environmental Assessment and Solid Waste Assessments have been posted, the following have not:

Regulatory Impact Analysis Regulatory Flexibility Analysis Unfunded Mandates Reform Act Analysis

In addition, Section XIV. References in the preamble to the proposed rule lists 194 references (and more added in the correction document).  The section states that the references are available electronically at www.regulations.gov, but none have been posted to the docket.

In light of this missing crucial information, I request that the comment period be extended by at least as many days that these documents are missing from the docket.  In light of the volume of information in these missing documents, I request that the comment period be extended by an additional 180 days over and above the request based on the missing documents.


"Baer, Mitchell"<EMAIL_ADDRESS> 11/27/2007 12:02 PM

To

Ron Evans/RTP/USEPA/US@EPA

cc

Lydia Wegman/RTP/USEPA/US@EPA, <EMAIL_ADDRESS>"Johansson, Robert"<EMAIL_ADDRESS> Subject

Status of Requested Information

Ron

      During the October workshop in the RIA process/Ozone NAAQS RIA preparation, I requested some information concerning the analyses being conducted by EPA for the ozone NAAQS rulemaking.  The information included:

1. List, locations, and numbers of nonattainment areas currently and projected for the existing ozone NAAQS and for the options being considered by the agency for both the primary and the secondary standards.

2. List of control strategies and technologies incorporated into the RIA analyses for all metropolitan areas for all options being considered for the primary standard and their costs; and the results of the analyses showing whether these metropolitan areas will or will not attain the new options for the primary standard.

      Could you let me know when you will be able to provide this information to me.  If you have any questions concerning my request, please call me.  Thank you.

Mitch

Mitchell T. Baer, Ph.D., CCM

Acting Director

Office of Oil and Gas Analysis, PI-42

Office of Policy and International Affairs

U.S. Department of Energy

1000 Independence Ave. SW

Washington, D.C. 20585

202-586-5167 (phone)

202-586-5391 (fax)

<EMAIL_ADDRESS>