[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25358-25362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11371]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80795; File No. SR-BatsEDGX-2017-23]


Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice 
of Filing of Proposed Rule Change To Eliminate Requirements That Will 
Be Duplicative of CAT

May 26, 2017.
    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 May 15, 2017, Bats EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II, 
and III 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to modify requirements for the 
collection of information that is duplicative of information intended 
to be collected for the consolidated audit trail (``CAT'') adopted 
pursuant to the National Market System Plan Governing the Consolidated 
Audit Trail (the ``CAT NMS Plan'' or ``Plan'').\3\ The Exchange will 
announce the implementation date of the proposed rule change and 
effective date of the retirement of any related systems by Regulatory 
Circular that will be published once the options exchanges determine 
the thresholds for accuracy and reliability described below have been 
met and that the Plan Processor for CAT is sufficiently meeting all of 
its obligations under the CAT NMS Plan.
---------------------------------------------------------------------------

    \3\ Unless otherwise specified, capitalized terms used in this 
rule filing are defined as set forth herein, or in the CAT 
Compliance Rule Series or in the CAT NMS Plan.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's 
Web site at www.bats.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 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
    Bats BYX Exchange, Inc., Bats BZX Exchange, Inc., Bats EDGA 
Exchange, Inc., Bats EDGX Exchange, Inc., BOX Options Exchange LLC, C2 
Options Exchange, Incorporated, Chicago Board Options Exchange, 
Incorporated, Chicago Stock Exchange, Inc., Financial Industry 
Regulatory Authority, Inc. (``FINRA''), Investors' Exchange LLC, Miami 
International Securities Exchange, LLC, MIAX PEARL, LLC, NASDAQ BX, 
Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC,\4\ NASDAQ 
PHLX LLC, The NASDAQ Stock Market LLC, New York Stock Exchange LLC, 
NYSE MKT LLC, NYSE Arca, Inc. and NYSE National, Inc.\5\ (collectively, 
the ``Participants'') filed with the Commission, pursuant to Section 
11A of the Exchange Act \6\ and

[[Page 25359]]

Rule 608 of Regulation NMS thereunder,\7\ the CAT NMS Plan.\8\ The 
Participants filed the Plan to comply with Rule 613 of Regulation NMS 
under the Exchange Act. The Plan was published for comment in the 
Federal Register on May 17, 2016,\9\ and approved by the Commission, as 
modified, on November 15, 2016.\10\ The Plan is designed to create, 
implement and maintain a CAT that would capture customer and order 
event information for orders in NMS Securities and OTC Equity 
Securities, across all markets, from the time of order inception 
through routing, cancellation, modification, or execution in a single 
consolidated data source. Pursuant to Appendix C of the CAT NMS Plan, 
each Participant is required to conduct analyses of which of its 
existing trade and order data rules and systems require the collection 
of information that is duplicative of information collected for the 
CAT.\11\ In addition, among other things, Section C.9 of Appendix C to 
the Plan, as modified by the Commission, requires each Participant to 
``file with the SEC the relevant rule change filing to eliminate or 
modify its duplicative rules within six (6) months of the SEC's 
approval of the CAT NMS Plan.'' \12\ The Plan notes that ``the 
elimination of such rules and the retirement of such systems [will] be 
effective at such time as CAT Data meets minimum standards of accuracy 
and reliability.'' \13\
---------------------------------------------------------------------------

    \4\ ISE Gemini, LLC, ISE Mercury, LLC and International 
Securities Exchange, LLC have been renamed Nasdaq GEMX, LLC, Nasdaq 
MRX, LLC, and Nasdaq ISE, LLC, respectively. See Securities Exchange 
Act Rel. No. 80248 (Mar. 15, 2017), 82 FR 14547 (Mar. 21, 2017); 
Securities Exchange Act Rel. No. 80326 (Mar. 29, 2017), 82 FR 16460 
(Apr. 4, 2017); and Securities Exchange Act Rel. No. 80325 (Mar. 29, 
2017), 82 FR 16445 (Apr. 4, 2017).
    \5\ National Stock Exchange, Inc. has been renamed NYSE 
National, Inc. See Securities Exchange Act Rel. No. 79902 (Jan. 30, 
2017), 82 FR 9258 (Feb. 3, 2017).
    \6\ 15 U.S.C. 78k-1.
    \7\ 17 CFR 242.608.
    \8\ See Letter from the Participants to Brent J. Fields, 
Secretary, Commission, dated September 30, 2014; and Letter from 
Participants to Brent J. Fields, Secretary, Commission, dated 
February 27, 2015. On December 24, 2015, the Participants submitted 
an amendment to the CAT NMS Plan. See Letter from Participants to 
Brent J. Fields, Secretary, Commission, dated December 23, 2015.
    \9\ Securities Exchange Act Rel. No. 77724 (Apr. 27, 2016), 81 
FR 30614 (May 17, 2016).
    \10\ Securities Exchange Act Rel. No. 79318 (Nov. 15, 2016), 81 
FR 84696 (Nov. 23, 2016) (``Approval Order'').
    \11\ Appendix C of CAT NMS Plan, Approval Order at 85010.
    \12\ Id.
    \13\ Id.
---------------------------------------------------------------------------

    After conducting its analysis of its rules in accordance with the 
CAT NMS Plan, the Exchange determined Rules 22.7 and 24.4 require the 
reporting of information intended to be collected by the CAT. 
Therefore, the Exchange believes those provisions will no longer be 
necessary once the CAT is operational and proposes to modify those 
Rules as described below. Additionally, the Exchange describes below 
additional reporting requirements that it may reduce for which no rule 
changes are necessary. These changes will be implemented in accordance 
with the timeline described below.
    Initially, the Exchange notes that options exchanges, including the 
Exchange, utilize consolidated options audit trail system (``COATS'') 
to collect and review data regarding options orders, quotes and 
transactions. The Participants have provided COATS technical 
specifications to the Plan Processor for the CAT for use in developing 
the Technical Specifications for the CAT, and the Participants are 
working with the Plan Processor to include the necessary COATS data 
elements in the CAT Technical Specifications. Accordingly, although the 
Technical Specifications for the CAT have not yet been finalized, the 
Exchange and the other options exchanges propose to eliminate COATS in 
accordance with the proposed timeline discussed below. The Exchange 
notes that it does not have any specific rules or requirements related 
to COATS but refers to its retirement below in an effort to provide 
transparency.
(1) Market Maker Equity Order Reports
    Rule 22.7(b) requires Market Makers, upon request and in the 
prescribed form, report to the Exchange every order entered by the 
Market Maker for the purchase or sale of (1) a security underlying 
options traded on the Exchange, or (2) a security convertible into or 
exchangeable for such underlying security, as well as opening and 
closing positions in all such securities held in each account reported 
pursuant to Rule 22.7(a). The report pertaining to orders must include 
the terms of each order, identification of the brokerage firms through 
which the orders were entered, the times of entry or cancellation, the 
times report of execution were received and, if all or part of the 
order was executed, the quantity and execution price. CAT will require 
Market Makers to report order information for such securities. 
Therefore, this rule provision as it relates to order reports is 
duplicative of CAT requirements, and the Exchange proposes to delete 
it. CAT does not require reporting of positions, so the Exchange will 
maintain the position reporting requirement in Rule 22.7(b). The 
Exchange also proposes a conforming change to the rule name and 
Interpretation and Policy .01.
(2) EBS
    Rule 24.4 is the Exchange's rule regarding the automated submission 
of specific trading data to the Exchange upon request using the 
Electronic Blue Sheet (``EBS'') system. Rule 24.4 requires an Options 
Member \14\ to submit requested trade data elements in such automated 
format as may be prescribed by the Exchange from time to time, in 
regard to a transaction(s) that is the subject of the particular 
request for information. The Rule sets forth in paragraphs (b) and (c) 
the data elements required if the transaction was a proprietary 
transaction or if it was effected for a customer account, respectively. 
Paragraph (d) provides an Options Member must submit such other 
information as may from time to time be required. Paragraph (e) permits 
the Exchange to grant exceptions from these requirements in such cases 
and for such time periods as it deems appropriate.
---------------------------------------------------------------------------

    \14\ An Options Member is a Member of the Exchange that is 
registered to participate in options trading on EDGX Options. See 
Rule 16.1(a)(38). A Member is a registered broker or dealer that has 
been admitted to membership in the Exchange. See Rule 1.5(n).
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 24.4 to state it will request 
information under the Rule only if the information is not available in 
the CAT because, for example, the transaction(s) in question occurred 
before the firm was reporting information to the CAT or involved 
securities that are not reportable to the CAT. In essence, under the 
proposed rule change, the Exchange will make requests under Rule 24.4 
if and only if the information is not otherwise available through the 
CAT.
    Once broker-dealer reporting to the CAT has begun, the CAT will 
contain the data the Participants would otherwise have requested via 
the EBS system for purposes of NMS Securities and OTC Equity 
Securities. Consequently, the Exchange will not need to use the EBS 
system or request information pursuant to Rule 24.4 for NMS Securities 
or OTC Equity Securities for time periods after CAT reporting has begun 
if the appropriate accuracy and reliability thresholds are achieved, 
including an acceptable accuracy rate for customer and account 
information. However, Rule 24.4 cannot be completely eliminated 
immediately upon the CAT achieving the appropriate thresholds because 
Exchange staff may still need to request information pursuant to Rule 
24.4 for trading activity occurring before a member was reporting to 
the CAT.\15\ In addition, Rule 24.4 applies to information regarding 
transactions involving securities that

[[Page 25360]]

will not be reportable to the CAT, such as fixed-income securities; 
thus, the rule must remain in effect with respect to those transactions 
indefinitely or until those transactions are captured in the CAT.
---------------------------------------------------------------------------

    \15\ Firms are required to maintain the trade information for 
pre-CAT transactions in equities and options pursuant to applicable 
rules, such as books and records retention requirements, for the 
relevant time period, which is generally three or six years 
depending upon the record. See 17 CFR 240.17a-3(a), 240.17a-4.
---------------------------------------------------------------------------

(3) Other Reports
    Various other Exchange Rules require Members to report information 
to the Exchange upon request.\16\ While the Exchange believes it is 
necessary to retain these Rules to ensure it has access to the 
necessary data to perform its regulatory duties and meet its 
surveillance obligations, it expects it will need to make fewer 
information requests pursuant to these Rule once Members begin 
reporting to the CAT and accuracy and reliability standards are met.
---------------------------------------------------------------------------

    \16\ See, e.g., Rule 4.2 (Furnishing of Records).
---------------------------------------------------------------------------

    In connection with these Rules requiring Members to report 
information to the Exchange upon request, Members must currently submit 
to the Exchange stock transaction information for each Qualified 
Contingent Cross order executed at the Exchange. CAT will require 
Members to report stock transaction information. Therefore, the 
Exchange intends to eliminate this reporting requirement in accordance 
with the proposed timeline below.
(4) Timeline for Elimination of Duplicative Rules
    The CAT NMS Plan states that the elimination of rules that are 
duplicative of the requirements of the CAT and the retirement of the 
related systems should be effective at such time as CAT Data meets 
minimum standards of accuracy and reliability.\17\ As discussed in more 
detail below, the Exchange believes the Rule provisions and related 
systems described above may be retired at a date after all Industry 
Members are reporting to the CAT when the proposed error rate 
thresholds have been met, and the Exchange has determined that its 
usage of the CAT Data has not revealed material issues that have not 
been corrected, confirmed that the CAT includes all data necessary to 
allow the Exchange to continue to meet its surveillance obligations, 
and confirmed that the Plan Processor is sufficiently meeting all of 
its obligations under the CAT NMS Plan.
---------------------------------------------------------------------------

    \17\ Id. [sic]
---------------------------------------------------------------------------

    The Exchange believes the proposed rule changes should not be 
effective until all Participants and Industry Members that report data 
pursuant to the Rules described above are reporting comparable data to 
the CAT. In this way, the Exchange will continue to have access to the 
necessary data to perform its regulatory duties.
    The CAT NMS Plan requires that a rule filing to eliminate a 
duplicative rule address whether ``the availability of certain data 
from Small Industry Members two years after the Effective Date would 
facilitate a more expeditious retirement of duplicative systems.'' \18\ 
The Exchange believes COATS should not be retired until all 
Participants and Industry Members that report data to COATS are 
reporting comparable data to the CAT. While the early submission of 
options data to the CAT by Small Industry Members could expedite the 
retirement of COATS, the Exchange believes that it premature [sic] to 
consider such a change and that additional analysis would be necessary 
to determine whether such early reporting by Small Industry Members 
would be feasible.
---------------------------------------------------------------------------

    \18\ Id.
---------------------------------------------------------------------------

    The CAT NMS Plan requires that this rule filing address ``whether 
individual Industry Members can be exempted from reporting to 
duplicative systems once their CAT reporting meets specified accuracy 
and reliability standards, including, but not limited to, ways in which 
establishing cross-system regulatory functionality or integrating data 
from existing systems and the CAT would facilitate such Individual 
Industry Member exemptions.'' \19\ The Exchange believes that a single 
cut-over from the reporting requirements described above to CAT is 
highly preferable to a firm-by-firm approach and is not proposing to 
exempt members from such reporting requirements on a firm-by-firm 
basis. The Exchange believes that providing such individual exemptions 
to Industry Members would be inefficient, more costly, and less 
reliable than the single cut-over. Providing individual exemptions 
would require the options exchanges to create, for a brief temporary 
period, a cross-system regulatory function and to integrate data from 
reports received pursuant to the above requirements and the CAT to 
avoid creating any regulatory gaps as a result of such exemptions. Such 
a function would be costly to create and would give rise to a greater 
likelihood of data errors or other issues. Given the limited time in 
which such exemptions would be necessary, the Exchange does not believe 
that such exemptions would be an appropriate use of limited resources.
---------------------------------------------------------------------------

    \19\ Id.
---------------------------------------------------------------------------

    The CAT NMS Plan also requires that a rule filing to eliminate a 
duplicative rule to provide ``specific accuracy and reliability 
standards that will determine when duplicative systems will be retired, 
including, but not limited to, whether the attainment of a certain 
Error Rate should determine when a system duplicative of the CAT can be 
retired.'' \20\ The Exchange believes that it is critical that the CAT 
Data be sufficiently accurate and reliable for the Exchange to perform 
the regulatory functions that it now performs using the information it 
receives pursuant to the reporting requirements described above. 
Accordingly, the Exchange believes that the CAT Data should meet 
specific quantitative error rates, as well as certain qualitative 
requirements.
---------------------------------------------------------------------------

    \20\ Id.
---------------------------------------------------------------------------

    The Exchange believes (and the other options exchanges with respect 
to COATS and EBS) believe that, before reporting requirements may be 
modified or eliminated, as applicable, and related systems may be 
retired, the CAT would need to achieve a sustained error rate for a 
period of at least 180 days of 5% or lower measured on a pre-correction 
or as-submitted basis, and 2% or lower on a post-correction basis 
(measured at T+5).\21\ The Exchange proposes to measure the 5% pre-
correction and 2% post-correction thresholds by averaging the error 
rate across the period, not require a 5% pre-correction and 2% post-
correction maximum each day for 180 consecutive days. The Exchange 
believes that measuring each of the thresholds over the course of 180 
days will ensure that the CAT consistently meets minimum accuracy and 
reliability thresholds while also ensuring that single-day measurements 
do not unduly affect the overall measurements. The Exchange proposes to 
measure the appropriate error rates in the aggregate, rather than firm-
by-firm. In addition, with respect to COATS, the Exchange proposes to 
measure the error rates for options only, not equity securities, as 
only options are subject to COATS. The 2% and 5% error rates are in 
line with the proposed retirement threshold for FINRA's Order Audit 
Trail System (``OATS'').
---------------------------------------------------------------------------

    \21\ The Plan requires that the Plan Processor must ensure that 
regulators have access to corrected and linked order and Customer 
data by 8:00 a.m. Eastern Time on T+5. See CAT NMS Plan, at C-15.
---------------------------------------------------------------------------

    In addition to these minimum error rates before reporting 
requirements may be modified or eliminated, as applicable, and related 
systems may be retired, the Exchange believes that during the minimum 
180-day period during which the thresholds are calculated, the 
Exchange's use of the data in the CAT must confirm that (i) usage over 
that time period has not

[[Page 25361]]

revealed material issues that have not been corrected, (ii) the CAT 
includes all data necessary to allow the Exchange to continue to meet 
its surveillance obligations, and (iii) the Plan Processor is 
sufficiently meeting all of its obligations under the CAT NMS Plan. The 
Exchange believes this time period to use the CAT Data is necessary to 
reveal any errors that may manifest themselves only after surveillance 
patterns and other queries have been run and to confirm that the Plan 
Processor is meeting its obligations and performing its functions 
adequately.
    If the Commission approves the proposed rule change, the Exchange 
will announce the date for modification or elimination, as applicable, 
of reporting requirements and retirement of related systems and the 
implementation date of the proposed rule change via Regulatory Circular 
that will be published once the Exchange (and other options exchanges 
with respect to COATS and EBS) determines that the thresholds for 
accuracy and reliability described above have been met and that the 
Plan Processor is sufficiently meeting all of its obligations under the 
CAT NMS Plan.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6(b)(5) of the Exchange Act,\22\ which 
requires, among other things, that Exchange Rules must be designed to 
prevent fraudulent and manipulative acts and practices, to promote just 
and equitable principles of trade, and, in general, to protect 
investors and the public interest, and not designed to permit unfair 
discrimination between customers, issuers, brokers and dealer. The 
Exchange believes that this proposal is consistent with the Exchange 
Act because it fulfills the obligation in the CAT NMS Plan for the 
Exchange to submit a proposed rule change to eliminate or modify 
duplicative rules. In approving the Plan, the SEC noted that the Plan 
``is necessary and appropriate in the public interest, for the 
protection of investors and the maintenance of fair and orderly 
markets, to remove impediments to, and perfect the mechanism of a 
national market system, or is otherwise in furtherance of the purposes 
of the Act.'' \23\ As this proposal implements the Plan, the Exchange 
believes that this proposal furthers the objectives of the Plan, as 
identified by the SEC, and is therefore consistent with the Exchange 
Act.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78f(b)(5).
    \23\ Approval Order at 84697.
---------------------------------------------------------------------------

    Moreover, the purpose of the proposed rule change is to amend rules 
that require the submission of duplicative data to the Exchange. The 
elimination of such duplicative requirements will reduce unnecessary 
costs and other compliance burdens for the Exchange and its Members, 
and therefore, will enhance the efficiency of the securities markets. 
Furthermore, the Exchange believes that the approach set forth in the 
proposed rule change strikes the appropriate balance between ensuring 
that the Exchange is able to continue to fulfill its statutory 
obligation to protect investors and the public interest by ensuring its 
surveillance of market activity remains accurate and effective while 
also establishing a reasonable timeframe for elimination or 
modification of its rules that will be rendered duplicative after 
implementation of the CAT.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    Section 6(b)(8) of the Exchange Act \24\ requires that Exchange 
Rules not impose any burden on competition that is not necessary or 
appropriate. The Exchange 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 purposes of the Exchange Act. The 
Exchange notes that the proposed rule change implements the 
requirements of the CAT NMS Plan approved by the Commission regarding 
the elimination of rules and systems that are duplicative the CAT, and 
is designed to assist the Exchange in meeting its regulatory 
obligations pursuant to the Plan. Similarly, all exchanges and FINRA 
are proposing the elimination of reporting requirements related to 
COATS and EBS, as well as other duplicative rules, to implement the 
requirements of the CAT NMS Plan. Therefore, this is not a competitive 
rule filing and, therefore, it does not raise competition issues 
between and among the self-regulatory organizations and/or their 
members.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

(C) Self-Regulatory Organization's Statement on Comments on the 
Proposed Rule Change Received From Members, Participants or Others

    Although written comments on the proposed rule change were not 
solicited, the Exchange received comments from two commenters, the 
Financial Information Forum (``FIF'') and the Securities Industry and 
Financial Markets Association (``SIFMA''), regarding the retirement of 
systems related to the CAT.\25\ In its comment letters, with regard to 
the retirement of duplicative systems more generally, FIF recommended 
that the Participants continue the effort to incorporate current 
reporting obligations into the CAT in order to replace existing 
reportable systems with the CAT. In addition, FIF further recommended 
that, once a CAT Reporter achieved satisfactory reporting data quality, 
the CAT Reporter should be exempt from reporting to any duplicative 
reporting systems. FIF believed that these recommendations ``would 
serve both an underlying regulatory objective of more immediate and 
accurate access to data as well as an industry objective of reduced 
costs and burdens of regulatory oversight.'' \26\ In its comments about 
EBS specifically, FIF stated that the retirement of the EBS 
requirements should be a high priority, and that the CAT should be 
designed to include the requisite data elements to permit the rapid 
retirement of EBS.\27\ Similarly, SIFMA stated that ``the establishment 
of the CAT must be accompanied by the prompt elimination of duplicative 
systems,'' and ``recommend[ed] that the initial technical 
specifications be designed to facilitate the immediate retirement of . 
. . duplicative reporting systems.'' \28\
---------------------------------------------------------------------------

    \25\ Letter from William H. Hebert, FIF, to Participants re: 
Milestone for Participants' rule change filings to eliminate/modify 
duplicative rules (Apr. 12, 2017) (``FIF Letter''); Letter from 
William H. Hebert, FIF, to Brent J. Fields, SEC re: Milestone for 
Participants' rule change filings to eliminate/modify duplicative 
rules (Apr. 12, 2017); and Letter from Kenneth E. Bentsen, Jr., 
SIFMA, to Participants re: Selection of Thesys as CAT Processor 
(Apr. 4, 2017) (``SIFMA Letter'') at 2.
    \26\ FIF Letter at 2.
    \27\ FIF Letter at 2.
    \28\ SIFMA Letter at 2.
---------------------------------------------------------------------------

    As discussed above, the Exchange agrees with the commenters that 
the reporting requirements proposed to be modified or eliminated should 
be replaced by the CAT reporting requirements as soon as accurate and 
reliable CAT Data is available. To this end, the Exchange anticipates 
that the CAT will be designed to collect the data necessary to permit 
the modification or elimination, as applicable, of these reporting 
requirements and the retirement of related systems. However, as 
discussed above, the Exchange disagrees with the recommendation to 
provide individual exemptions to those CAT Reporters who obtain 
satisfactory data reporting quality.

[[Page 25362]]

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period (i) as the Commission may 
designate up to 90 days of such date if it finds such longer period to 
be appropriate and publishes its reasons for so finding or (ii) as to 
which the Exchange consents, the Commission will: (a) by order approve 
or disapprove such proposed rule change, or (b) institute proceedings 
to determine whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposal 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 protected]. Please include 
File Number SR-BatsEDGX-2017-23 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-BatsEDGX-2017-23. 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 will also 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-BatsEDGX-2017-23 and should 
be submitted on or before June 22, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\29\
---------------------------------------------------------------------------

    \29\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-11371 Filed 5-31-17; 8:45 am]
 BILLING CODE 8011-01-P