[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Notices]
[Page 50720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21761]


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SECURITIES AND EXCHANGE COMMISSION

[Securities Exchange Act of 1934; Release No. 34-84337/October 2, 2018]


In the Matter of Chicago Stock Exchange, Inc., 440 South LaSalle 
Street, Suite 800, Chicago, IL 60605; File No. SR-CHX-2017-04; Order 
Setting Aside the Order by Delegated Authority Approving SR-CHX-2017-04

    On February 10, 2017, the Chicago Stock Exchange, Inc. 
(``Exchange'' or ``CHX'') filed with the Securities and Exchange 
Commission (``Commission''), pursuant to Section 19(b)(1) of the 
Securities Exchange Act of 1934 (``Exchange Act'') \1\ and Rule 19b-4 
thereunder,\2\ a proposed rule change to adopt the CHX Liquidity 
Enhancing Access Delay on a pilot basis. The proposed rule change was 
published for comment in the Federal Register on February 21, 2017.\3\ 
On April 3, 2017, the Commission designated a longer period within 
which to approve the proposed rule change, disapprove the proposed rule 
change, or institute proceedings to determine whether the proposed rule 
change should be disapproved.\4\ On May 22, 2017, the Commission 
instituted proceedings under Section 19(b)(2)(B) of the Exchange Act 
\5\ to determine whether to approve or disapprove the proposed rule 
change.\6\ On August 17, 2017, pursuant to Section 19(b)(2) of the 
Exchange Act,\7\ the Commission designated a longer period for 
Commission action on proceedings to determine whether to approve or 
disapprove the proposed rule change.\8\ On September 19, 2017, the 
Exchange filed Amendment No. 1 to the proposed rule change.\9\ On 
October 18, 2017, the Exchange filed Amendment No. 2 to the proposed 
rule change.\10\ On October 19, 2017, the Division of Trading and 
Markets, for the Commission pursuant to delegated authority,\11\ 
approved the proposed rule change, as modified by Amendments No. 1 and 
No. 2.\12\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 80041 (February 14, 
2017), 82 FR 11252.
    \4\ See Securities Exchange Act Release No. 80364, 82 FR 17065 
(April 7, 2017).
    \5\ 15 U.S.C. 78s(b)(2)(B).
    \6\ See Securities Exchange Act Release No. 80740, 82 FR 24412 
(May 26, 2017).
    \7\ 15 U.S.C. 78s(b)(2).
    \8\ See Securities Exchange Act Release No. 81415, 82 FR 40051 
(August 23, 2017).
    \9\ The amendments to the proposed rule change are available at: 
https://www.sec.gov/comments/sr-chx-2017-04/chx201704.htm.
    \10\ See supra note 9.
    \11\ 17 CFR 200.30-3(a)(12).
    \12\ See Exchange Act Release No. 81913, 82 FR 49433 (October 
25, 2017) (``Delegated Order'').
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    On October 24, 2017, the Secretary of the Commission notified the 
Exchange that pursuant to Rule 431 of the Commission's Rules of 
Practice,\13\ the Commission would review the Delegated Order and that 
the Delegated Order was stayed until the Commission ordered 
otherwise.\14\ On November 8, 2017, the Commission issued a scheduling 
order allowing the filing of additional statements.\15\
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    \13\ 17 CFR 201.431.
    \14\ See Letter from Secretary of the Commission to Albert 
(A.J.) Kim, VP and Associate General Counsel, Chicago Stock 
Exchange, Inc., dated October 24, 2017, available at https://www.sec.gov/rules/sro/chx/2017/34-81913-letter-from-secretary.pdf.
    \15\ See Exchange Act Release No. 80234, 82 FR 52762 (November 
14, 2017).
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    On July 25, 2018, CHX withdrew the proposed rule change (SR-CHX-
2017-04).\16\
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    \16\ See letter from Albert J. Kim, Vice President and Associate 
General Counsel, CHX, to Eduardo A. Aleman, Assistant Secretary, 
Commission, dated July 25, 2018.
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    Under Commission Rule of Practice 431(a), the Commission may 
``affirm, reverse, modify, set aside or remand for further proceedings, 
in whole or in part, any action made pursuant to'' delegated 
authority.\17\ We find that, in light of the CHX's withdrawal of the 
proposed rule change, it is appropriate to set aside the Delegated 
Order.
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    \17\ 17 CFR 201.431(a).
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    Accordingly, it is ordered that the October 19, 2017 order 
approving by delegated authority CHX's proposed rule change number SR-
CHX-2017-04, be, and it hereby is, set aside.

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-21761 Filed 10-5-18; 8:45 am]
 BILLING CODE 8011-01-P