80_FR_42734 80 FR 42597 - Self-Regulatory Organizations; NYSE MKT LLC; Order Approving Proposed Rule Change, as Modified by Amendment No. 1, Adopting a Principles-Based Approach To Prohibit the Misuse of Material Nonpublic Information by Specialists and e-Specialists by Deleting Rule 927.3NY and Section (f) of Rule 927.5NY

80 FR 42597 - Self-Regulatory Organizations; NYSE MKT LLC; Order Approving Proposed Rule Change, as Modified by Amendment No. 1, Adopting a Principles-Based Approach To Prohibit the Misuse of Material Nonpublic Information by Specialists and e-Specialists by Deleting Rule 927.3NY and Section (f) of Rule 927.5NY

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 137 (July 17, 2015)

Page Range42597-42600
FR Document2015-17500

Federal Register, Volume 80 Issue 137 (Friday, July 17, 2015)
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42597-42600]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17500]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75432; File No. SR-NYSEMKT-2015-23]


Self-Regulatory Organizations; NYSE MKT LLC; Order Approving 
Proposed Rule Change, as Modified by Amendment No. 1, Adopting a 
Principles-Based Approach To Prohibit the Misuse of Material Nonpublic 
Information by Specialists and e-Specialists by Deleting Rule 927.3NY 
and Section (f) of Rule 927.5NY

July 13, 2015.

I. Introduction

    On April 8, 2015, NYSE MKT LLC (the ``Exchange'' or ``NYSE MKT'') 
filed with the Securities and Exchange Commission (the ``Commission''), 
pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934 
(``Act'') \2\ and Rule 19b-4 thereunder,\3\ a

[[Page 42598]]

proposed rule change adopting a principles-based approach to prohibit 
the misuse of material nonpublic information by Specialists and e-
Specialists by deleting NYSE MKT Rule 927.3NY and Section (f) of NYSE 
MKT Rule 927.5NY. The proposed rule change was published for comment in 
the Federal Register on April 14, 2015.\4\ The Commission received one 
comment letter regarding the proposed rule change.\5\ On May 20, 2015, 
the Commission extended the time period in which to either approve the 
proposed rule change, disapprove the proposed rule change, or institute 
proceedings to determine whether to approve or disapprove the proposed 
rule change to July 13, 2015.\6\ On June 18, 2015, the Exchange filed 
Amendment No. 1 to the proposed rule change.\7\ This order approves the 
proposed rule change, as modified by Amendment No. 1.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 74677 (April 8, 
2015), 80 FR 20049 (``Notice'').
    \5\ See Letter from Peter D. Selman, Managing Director, Goldman 
Sachs & Co., dated May 5, 2015 (``Goldman Letter'').
    \6\ See Securities Exchange Act Release No. 75004 (May 20, 
2015), 80 FR 30301 (May 27, 2015).
    \7\ In Amendment No. 1 the Exchange clarifies that it is not 
proposing to change what is considered to be material, non-public 
information and, thus does not expect there to be any changes to the 
types of information that an affiliated brokerage business of a 
Specialist or e-Specialist could share with such Specialist or e-
Specialist. In that regard, the Exchange explains that it no longer 
offers Reserve Orders, and the proposed rule change would not permit 
the affiliates of a Specialist or e-Specialist to have access to any 
non-public order or quote information of the Specialist of e-
Specialist. The Exchange also explains that it does not believe that 
there will be any material change to member information barriers as 
a result of removal of the Exchange pre-approval requirement. In 
fact, the Exchange anticipates that eliminating the pre-approval 
requirement should facilitate implementation of changes to member 
information barriers as necessary to protect against the misuse of 
material, non-public information. The Exchange also suggests that 
the pre-approval requirement is unnecessary because Specialists no 
longer have agency responsibilities to the book, or time and place 
information advantages because of their market role. Finally, the 
Exchange argues that NYSE MKT Rule 927.5NY(f) is a principles-based 
information barrier rule that is redundant of the requirements 
applicable to all members under NYSE MKT Rule 3(j). Amendment No. 1 
is not subject to notice and comment because it is a technical 
amendment that does not alter the substance of the proposed rule 
change or raise any novel regulatory issues. Amendment No. 1 has 
been placed in the public comment file for SR-NYSEMKT-2015-23 at 
http://www.sec.gov/comments/sr-nysemkt-2015-23/nysemkt201523.shtml 
(see letter from Martha Redding, Senior Counsel, Assistant 
Secretary, New York Stock Exchange LLC (``NYSE''), to Secretary, 
Commission, dated June 30, 2015) and also is available at the 
Exchange's Web site at https://www.nyse.com/regulation/rule-filings.
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II. Description of the Proposal

    The Exchange proposes to delete NYSE MKT Rule 927.3NY, which sets 
forth prescriptive requirements for Specialists to have information 
barriers, and NYSE MKT Rule 927.5NY(f), which sets forth a principles-
based, information barrier requirement for e-Specialists. NYSE MKT Rule 
3(j), which requires that every Exchange member establish, maintain, 
and enforce written policies and procedures reasonably designed to 
prevent the misuse of material, non-public information by such member 
or associated persons, would remain in effect and would continue to 
apply to both Specialists and e-Specialists.
    Under NYSE MKT Rule 3(j), the misuse of material, non-public 
information includes, but is not limited to, the following:
    (a) Trading in any securities issued by a corporation, or in any 
related securities or related options or other derivative securities, 
while in possession of material, non-public information concerning that 
issuer;
    (b) trading in a security or related options or other derivative 
securities, while in possession of material, non-public information 
concerning imminent transactions in the security or related securities; 
or
    (c) disclosing to another person or entity any material, non-public 
information involving a corporation whose shares are publicly traded or 
an imminent transaction in an underlying security or related securities 
for the purpose of facilitating the possible misuse of such material, 
non-public information.

Pursuant to NYSE MKT Rule 3(j), Specialists and e-Specialists are 
obligated to ensure that their policies and procedures reflect the 
current state of their business and are reasonably designed to protect 
against the misuse of material, non-public information, applicable 
federal securities law and regulations, and Exchange rules. The 
Exchange believes that such a principles-based approach should provide 
Specialists, e-Specialists and ATP Holders with greater flexibility to 
develop and adapt their policies and procedures as appropriate to 
reflect their business model, business activities, or the securities 
market.\8\
---------------------------------------------------------------------------

    \8\ See Notice, supra note 4, 80 FR at 20050.
---------------------------------------------------------------------------

    The Exchange notes that under this proposed rule change an ATP 
Holder could structure its options Specialists, e-Specialists, or 
Market Makers, as applicable, with the firm's equities and customer-
facing businesses; provided, that any such structuring be done in a 
manner reasonably designed to protect against the misuse of material, 
non-public information.\9\ For example, the Exchange explains that 
pursuant to NYSE MKT Rule 3(j), a Specialist could be in the same 
independent trading unit, as defined in Rule 200(f) of Regulation 
SHO,\10\ as an equities market maker and other trading desks within the 
firm, including options trading desks, to facilitate the sharing of 
post-trade information for risk management purposes across related 
securities.\11\ Further, consistent with NYSE MKT Rule 3(j) and Section 
15(g) of the Act,\12\ the Exchange notes that a firm with reasonably 
designed policies and procedures, including information barriers as 
applicable, to protect against the misuse of material non-public 
information, and specifically customer information, could share options 
position and related hedging position information (e.g., equities, 
futures, and foreign currency) within a firm to better manage risk on a 
firm-wide basis.\13\ The Exchange also notes that if Specialists or e-
Specialists are integrated with other market making operations, they 
would be subject to existing Exchange rules that prohibit ATP Holders 
from disadvantaging their customers or other market participants by 
improperly capitalizing on a member organization's access to the 
receipt of material, non-public information.\14\ Nonetheless, the 
Exchange also notes that while the proposed rule change would no longer 
specifically require information barriers, an ATP Holder's business 
model or business activities may dictate that an information barrier or 
a functional separation be part of the policies and procedures that are 
reasonably designed to achieve compliance with applicable securities 
law and regulations, and with applicable Exchange rules.\15\
---------------------------------------------------------------------------

    \9\ See id. at 20051.
    \10\ 17 CFR 242.200(f).
    \11\ See Notice, supra note 4, 80 FR at 20051.
    \12\ 15 U.S.C. 78o(g).
    \13\ See Notice, supra note 4, 80 FR at 20051.
    \14\ See id. at 20051-52.
    \15\ See id. at 20052.
---------------------------------------------------------------------------

    Deleting NYSE MKT Rule 927.3NY will remove the requirement for 
specified, prescriptive information barriers as well as the pre-
approval of any information barriers used by Specialists. Deleting NYSE 
MKT Rule 927.5NY(f) will remove the explicit information barrier 
requirement for e-Specialists. However, the Exchange notes, as is the 
case today with Market Makers, that information barriers of new 
entrants, including new Specialists, would be subject to review as part 
of a new firm application.\16\ Moreover, the policies and procedures of 
Specialists

[[Page 42599]]

and e-Specialists, including those relating to information barriers, 
would be subject to review by the Financial Industry Regulatory 
Authority (``FINRA''), on behalf of the Exchange, pursuant to a 
Regulatory Services Agreement.\17\
---------------------------------------------------------------------------

    \16\ See id. at 20050-51, n. 7.
    \17\ See id.
---------------------------------------------------------------------------

    The Exchange also represents that Specialists and e-Specialists do 
not have different or greater access to nonpublic information than 
other market participants on the Exchange, and differ from other types 
of Exchange Market Makers only because of heightened obligations and 
allocation guarantees.\18\ Specifically, the Exchange notes that 
Specialists and e-Specialists, like other types of Exchange Market 
Makers, do not have any agency responsibilities for orders in the 
Consolidated Book. Accordingly, the Exchange believes that it is 
appropriate to apply a consistent, principles-based, regulatory 
framework related to the protection against the misuse of material non-
public information for Specialists, e-Specialists and Market Makers 
under NYSE MKT Rule 3(j).
---------------------------------------------------------------------------

    \18\ See Rules 927NY(c) and 927.5NY; see also Notice, supra note 
4, 80 FR at 20050.
---------------------------------------------------------------------------

    The Exchange also proposes to make a conforming amendment to remove 
references to NYSE MKT Rule 927.3NY from NYSE MKT Rule 927.6NY.

III. Summary of Comment Received

    The Commission received one comment letter in support of the 
proposal.\19\ The commenter stated that Exchange Specialists no longer 
have informational advantages compared to other Exchange market 
participants, and thus the specific and rigid requirements applied to 
Specialists under NYSE MKT Rule 927.3NY and NYSE MKT Rule 927.5NY(f) 
are no longer meaningful.\20\ In addition, the commenter posited that 
the proposal would promote effective risk management by enabling firms 
with multiple options trading desks to share proprietary options 
positions and related hedging position information.\21\ The commenter 
explained that many firms seek to centralize trading operations in 
order to eliminate redundancies, develop more resilient system 
architecture, and thereby reduce position risk.\22\ The commenter also 
opined that the proposed rule change is consistent with the 
Commission's efforts to require firms to more effectively limit 
exposure resulting from trading market risk.\23\ Further, the commenter 
suggested that the Exchange's proposed approach to preventing the 
misuse of material non-public information be adopted by other option 
exchanges such that the benefits of the proposal could be fully 
realized.\24\
---------------------------------------------------------------------------

    \19\ See Goldman Letter, supra note 5.
    \20\ Id. at 1.
    \21\ Id.
    \22\ Id. at 2.
    \23\ Id.
    \24\ Id.
---------------------------------------------------------------------------

IV. Discussion and Commission Findings

    After careful consideration, the Commission finds that the proposed 
rule change, as modified by Amendment No. 1, is consistent with the 
requirements of the Act and the rules and regulations thereunder 
applicable to a national securities exchange.\25\ The Commission 
believes that the proposed rule change, as modified by Amendment No. 1, 
is consistent with Section 6(b)(5) \26\ 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, 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.
---------------------------------------------------------------------------

    \25\ In approving this rule change, the Commission notes that it 
has considered the proposed rule's impact on efficiency, 
competition, and capital formation. See 15 U.S.C. 78c(f).
    \26\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange proposes to delete NYSE MKT Rule 927.3NY, which sets 
forth prescriptive requirements for Specialists to have information 
barriers, and NYSE MKT Rule 927.5NY(f), which sets forth a principles-
based, information barrier requirement for e-Specialists. The 
Commission believes that the proposed rule change is consistent with 
the Act because it continues to require firms to maintain policies and 
procedures, consistent with NYSE MKT Rule 3(j) and Section 15(g) of the 
Act,\27\ that are reasonably designed to prevent the misuse of 
material, non-public information, while allowing firms greater 
flexibility in structuring their business and compliance operations. 
Further, as noted by the Exchange in the Notice, if Specialists or e-
Specialists are integrated with other market making operations, they 
would be subject to existing Exchange rules that prohibit ATP Holders 
from disadvantaging their customers or other market participants by 
improperly capitalizing on a member organization's access to the 
receipt of material, non-public information.\28\ For example, NYSE MKT 
Rule 320 requires members to establish, maintain, enforce, and keep 
current a system of compliance and supervisory controls, reasonably 
designed to achieve compliance with applicable securities laws and 
Exchange rules, and NYSE MKT Rule 995NY(c) prevents an ATP Holder or 
person associated with an ATP Holder, who has knowledge of an 
originating order, a solicited order, or a facilitation order, to 
enter, based on such knowledge, an order to buy or sell an option on 
the underlying securities of any option that is the subject of the 
order, an order to buy or sell the security underlying any option that 
is the subject of the order, or any order to buy or sell any related 
instrument unless certain disclosure or timing requirements are 
satisfied.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78o(g). See Notice, supra note 4, 80 FR at 20051-
52.
    \28\ See Notice, supra note 4, 80 FR at 20051-52.
---------------------------------------------------------------------------

    The Commission notes that the Exchange has represented that 
Specialists and e-Specialists do not have informational advantages 
compared to other Exchange market participants.\29\ The Commission 
additionally notes that the Exchange has specified that it no longer 
offers Reserve Orders, and, further specified that in no event would 
this proposed rule change permit the affiliates of a Specialist or e-
Specialist to have access to any non-public quote or order information 
of the Specialist or of the e-Specialist.\30\ Accordingly, based on the 
Exchange's representations that (1) Specialists and e-Specialists do 
not have informational advantages compared to other Exchange market 
participants, (2) Specialists and e-Specialists are not be permitted to 
share any hidden, non-public quote or order interest with an affiliate, 
and (3) ATP Holders are prohibited from disadvantaging their customers 
or other market participants by improperly capitalizing on a member 
organization's access to the receipt of material, non-public 
information, the Commission believes that it is appropriate for the 
Exchange to adopt a principles-based regulatory approach.\31\ 
Nonetheless, the

[[Page 42600]]

Commission notes that, while information barriers are not specifically 
required under this proposed rule change, a firm's business model or 
business activities may dictate that an information barrier or a 
functional separation be part of the appropriate set of policies and 
procedures that would be reasonably designed to achieve compliance with 
applicable securities law and regulations, and with applicable Exchange 
rules.
---------------------------------------------------------------------------

    \29\ See Amendment No. 1, supra note 7.
    \30\ See id.
    \31\ In approving this rule change, the Commission notes that it 
has considered the proposed rule's impact on efficiency, 
competition, and capital formation. See 15 U.S.C. 78c(f). The 
Commission notes that NYSE Arca Equities, Inc. (``NYSE Arca'') and 
BATS Exchange, Inc.'s (``BATS''), cash equity markets that trade 
electronically, have both adopted a principles-based approach to 
protecting against the misuse of material non-public information. 
See Securities Exchange Act Release Nos. 60604 (Sept. 2, 2009), 76 
FR 46272 (Sept. 8, 2009) (SR-NYSEArca-2009-78) (``Arca Approval 
Order''); 61574 (Feb. 23, 2010), 75 FR 9455 (Mar. 2, 2010) (SR-BATS-
2010-003) (``BATS Approval Order''). Similarly, NYSE and NYSE MKT, 
except for prescribed rules relating to floor-based designated 
market makers that have access to specified non-public trading 
information, also adopted principles-based approaches to prevent the 
misuse of material non-public information for cash equity markets. 
See Securities Exchange Act Release Nos. 72534 (July 3, 2014), 79 FR 
39019 (July 9, 2014) (SR-NYSE-2014-12) (``NYSE Approval Order''); 
72535 (July 3, 2014) 79 FR 39024 (July 9, 2014) (SR-NYSEMKT-2014-22) 
(``NYSE MKT Approval Order'').
---------------------------------------------------------------------------

    Finally, the Commission notes that the policies and procedures 
required by NYSE MKT Rule 3(j) are subject to oversight by the Exchange 
and review by FINRA,\32\ and the Commission emphasizes that member 
organizations operating a Specialist, e-Specialist or Market Maker 
should be proactive in assuring that its policies and procedures 
reflect the current state of its business and continue to be reasonably 
designed to achieve compliance with applicable federal securities law 
and regulations and with applicable Exchange rules.\33\
---------------------------------------------------------------------------

    \32\ See Notice, supra note 4, 80 FR at 20050-51, n. 7.
    \33\ The Commission notes that such policies and procedures may 
include the programming and operation of a member organization's 
trading algorithms to protect against the misuse of material non-
public information.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act 
\34\ that the proposed rule change (SR-NYSEMKT-2015-23), as modified by 
Amendment No. 1, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\35\
---------------------------------------------------------------------------

    \35\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-17500 Filed 7-16-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices                                                 42597

                                                printing in the Commission’s Public                      enter e-Quotes at or outside the                      in other Exchange rules, orders and
                                                Reference Room, 100 F Street NE.,                        Exchange BBO; (2) add text to Rule                    modifiers are available for all member
                                                Washington, DC 20549, on official                        70(a)(i) stating that e-Quotes shall not              organizations, coupled with the
                                                business days between the hours of                       include unelected Stop orders, Market                 proposed addition of subparagraph
                                                10:00 a.m. and 3:00 p.m. Copies of this                  Orders, ISOs, GTC modifiers, DNR                      (b)(vi) to Rule 104—Equities that
                                                filing will also be available for                        modifiers, or DNI modifiers; (3) add text             specifically enumerates which orders
                                                inspection and copying at the principal                  to Rule 70.25(a)(ii) explaining that                  and modifiers a DMM may not enter
                                                office of the Exchange. All comments                     discretionary instructions may include                into the Exchange’s systems, should
                                                received will be posted without change;                  instructions to participate in the                    help member organizations better
                                                the Commission does not edit personal                    Exchange’s opening or closing                         understand which orders and modifiers
                                                identifying information from                             transaction only; (4) make non-                       they can and cannot enter into the
                                                submissions. You should submit only                      substantive changes to Rules 70(a)(i)—                Exchange’s systems. Therefore, the
                                                information that you wish to make                        Equities and 70(b)(i)—Equities by                     Commission finds that Amendment No.
                                                available publicly. All submissions                      replacing the term ‘‘Display Book’’ with              2 is consistent with the protection of
                                                should refer to File Number SR–                          the term ‘‘Exchange systems;’’ and (5)                investors and the public interest.
                                                NYSEMKT–2015–22 and should be                            update cross references in Rule 70(f)—                   Accordingly, the Commission finds
                                                submitted on or before August 7, 2015.                   Equities.                                             good cause, pursuant to section 19(b)(2)
                                                                                                            The Exchange proposes to amend                     of the Act,23 to approve the proposed
                                                V. Accelerated Approval of Proposed                      Rule 72(c)(i) to: (1) Set forth that all
                                                Rule Change, as Modified by                                                                                    rule change, as modified by Amendment
                                                                                                         non-displayable interest, which                       No. 2, on an accelerated basis.
                                                Amendment No. 2                                          includes certain types of reserve interest
                                                   The Commission finds good cause to                    and MPL Orders, trades on parity; and                 VI. Conclusion
                                                approve the proposed rule change, as                     (2) to change the phrase ‘‘the displayed                It is therefore ordered, pursuant to
                                                modified by Amendment No. 2, prior to                    bid (offer)’’ to ‘‘displayable bids (offers)’’        section 19(b)(2) of the Act,24 that the
                                                the 30th day after the date of                           and change the phrase ‘‘displayed                     proposed rule change (SR–NYSEMKT–
                                                publication of notice of Amendment No.                   volume’’ to ‘‘displayable volume.’’ The               2015–22), as modified by Amendment
                                                2 in the Federal Register. In                            Exchange also proposes to amend Rule                  No. 2, be, and it hereby is, approved on
                                                Amendment No. 2, the Exchange                            72(c)(x) to add MPL Orders to the orders              an accelerated basis.
                                                proposes to add to Rule 13—Equities                      identified as being eligible to trade at
                                                                                                                                                                 For the Commission, by the Division of
                                                text that: (1) States that ‘‘[u]nless                    price points between the Exchange BBO                 Trading and Markets, pursuant to delegated
                                                otherwise specified in [Rule 13—                         and delete a cross reference to Rule 13—              authority.25
                                                Equities], Rule 70 (for Floor brokers), or               Equities.                                             Robert W. Errett,
                                                Rule 104 (for DMMs), orders and                             The Exchange also proposes to add
                                                modifiers are available for all member                                                                         Deputy Secretary.
                                                                                                         text to Rule 104(b)(ii)—Equities
                                                organizations;’’ and (2) specifies that the              explaining that the Exchange’s systems                [FR Doc. 2015–17535 Filed 7–16–15; 8:45 am]
                                                STP modifier is not available for DMM                    will prevent incoming DMM interest                    BILLING CODE 8011–01–P
                                                interest. The Exchange also proposes to                  from trading with resting DMM interest.
                                                delete a proposed change to the                          Furthermore, the Exchange proposes to
                                                definition of MPL Orders that would                      add new Rule 104(b)(vi)—Equities to                   SECURITIES AND EXCHANGE
                                                have required the Exchange’s systems                     specify that DMMs may not enter the                   COMMISSION
                                                to: (1) Reject an MPL Order on entry if                  following orders and modifiers: (1)                   [Release No. 34–75432; File No. SR–
                                                it has a Minimum Triggering Volume                       Market Orders; (2) GTC modifiers; (3)                 NYSEMKT–2015–23]
                                                larger than the size of the order and (2)                MOO orders; (4) CO orders; (5) MOC
                                                to reject a request to partially cancel a                orders; (6) LOC orders; (7) DNR                       Self-Regulatory Organizations; NYSE
                                                resting MPL Order when the partial                       modifiers; (8) DNI modifiers; (9) Sell                MKT LLC; Order Approving Proposed
                                                cancellation would result in a Minimum                   ‘‘Plus’’—Buy ‘‘Minus’’ instructions; and              Rule Change, as Modified by
                                                Triggering Volume that is larger than the                (10) Stop orders.                                     Amendment No. 1, Adopting a
                                                size of the order. Furthermore, the                         Finally, the Exchange proposes to                  Principles-Based Approach To Prohibit
                                                Exchange proposes several non-                           amend Rule 1000(a)—Equities to                        the Misuse of Material Nonpublic
                                                substantive technical amendments to                      provide cross references to other                     Information by Specialists and e-
                                                the filing so that the proposed text in                  Exchange rules applicable to automatic                Specialists by Deleting Rule 927.3NY
                                                Rules 13(a)(1)—Equities (definition of                   executions.                                           and Section (f) of Rule 927.5NY
                                                Market Order), 13(b)(2)—Equities                            The Commission believes that the
                                                                                                         revisions proposed in Amendment No.                   July 13, 2015.
                                                (definition of the GTC modifier),
                                                13(b)(3)—Equities (definition of the IOC                 2 do not raise any novel regulatory                   I. Introduction
                                                modifier), 13(d)(1)(A)—Equities                          issues. The Commission further believes
                                                                                                         that the proposed revisions to the rule                  On April 8, 2015, NYSE MKT LLC
                                                (definition of MPL Order), 501(a)—
                                                                                                         text set forth in Amendment No. 2 do                  (the ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed
                                                Equities (definition of the term ‘‘Closing
                                                                                                         not represent any significant changes to              with the Securities and Exchange
                                                Price’’), and the current Rule 13—
                                                                                                         the current functionality of the                      Commission (the ‘‘Commission’’),
                                                Equities text marked for deletion under
                                                                                                         Exchange’s order types and modifiers.                 pursuant to Section 19(b)(1) 1 of the
                                                the present alphabetically listed format,
                                                                                                         Rather, these proposed rule text changes              Securities Exchange Act of 1934
                                                accurately reflect the proposed rule
srobinson on DSK5SPTVN1PROD with NOTICES




                                                                                                         primarily help clarify and better explain             (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 a
                                                changes to the current rule text and the
                                                proposed rule text that is not being                     how the Exchange’s order types and                      23 15 U.S.C. 78s(b)(2).
                                                changed from the current rule text.                      modifiers currently operate and interact.               24 15 U.S.C. 78s(b)(2).
                                                   The Exchange also proposes to amend                   For instance, the Commission believes                   25 17 CFR 200.30–3(a)(12).
                                                Rule 70—Equities to: (1) Delete current                  that the Exchange’s proposal to add text                1 15 U.S.C. 78s(b)(1).

                                                rule text in Rule 70(a)(i)—Equities                      at the beginning of Rule 13—Equities                    2 15 U.S.C. 78a.

                                                indicating that Floor Brokers can only                   stating that, unless otherwise specified                3 17 CFR 240.19b–4.




                                           VerDate Sep<11>2014   20:59 Jul 16, 2015   Jkt 235001   PO 00000   Frm 00131   Fmt 4703   Sfmt 4703   E:\FR\FM\17JYN1.SGM     17JYN1


                                                42598                            Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices

                                                proposed rule change adopting a                          forth prescriptive requirements for                       public information.9 For example, the
                                                principles-based approach to prohibit                    Specialists to have information barriers,                 Exchange explains that pursuant to
                                                the misuse of material nonpublic                         and NYSE MKT Rule 927.5NY(f), which                       NYSE MKT Rule 3(j), a Specialist could
                                                information by Specialists and e-                        sets forth a principles-based,                            be in the same independent trading
                                                Specialists by deleting NYSE MKT Rule                    information barrier requirement for e-                    unit, as defined in Rule 200(f) of
                                                927.3NY and Section (f) of NYSE MKT                      Specialists. NYSE MKT Rule 3(j), which                    Regulation SHO,10 as an equities market
                                                Rule 927.5NY. The proposed rule                          requires that every Exchange member                       maker and other trading desks within
                                                change was published for comment in                      establish, maintain, and enforce written                  the firm, including options trading
                                                the Federal Register on April 14, 2015.4                 policies and procedures reasonably                        desks, to facilitate the sharing of post-
                                                The Commission received one comment                      designed to prevent the misuse of                         trade information for risk management
                                                letter regarding the proposed rule                       material, non-public information by                       purposes across related securities.11
                                                change.5 On May 20, 2015, the                            such member or associated persons,                        Further, consistent with NYSE MKT
                                                Commission extended the time period                      would remain in effect and would                          Rule 3(j) and Section 15(g) of the Act,12
                                                in which to either approve the proposed                  continue to apply to both Specialists                     the Exchange notes that a firm with
                                                rule change, disapprove the proposed                     and e-Specialists.                                        reasonably designed policies and
                                                rule change, or institute proceedings to                   Under NYSE MKT Rule 3(j), the                           procedures, including information
                                                determine whether to approve or                          misuse of material, non-public                            barriers as applicable, to protect against
                                                disapprove the proposed rule change to                   information includes, but is not limited                  the misuse of material non-public
                                                July 13, 2015.6 On June 18, 2015, the                    to, the following:                                        information, and specifically customer
                                                Exchange filed Amendment No. 1 to the                      (a) Trading in any securities issued by                 information, could share options
                                                proposed rule change.7 This order                        a corporation, or in any related                          position and related hedging position
                                                approves the proposed rule change, as                    securities or related options or other                    information (e.g., equities, futures, and
                                                modified by Amendment No. 1.                             derivative securities, while in                           foreign currency) within a firm to better
                                                II. Description of the Proposal                          possession of material, non-public                        manage risk on a firm-wide basis.13 The
                                                                                                         information concerning that issuer;                       Exchange also notes that if Specialists or
                                                   The Exchange proposes to delete                         (b) trading in a security or related                    e-Specialists are integrated with other
                                                NYSE MKT Rule 927.3NY, which sets                        options or other derivative securities,                   market making operations, they would
                                                                                                         while in possession of material, non-                     be subject to existing Exchange rules
                                                   4 See Securities Exchange Act Release No. 74677
                                                                                                         public information concerning                             that prohibit ATP Holders from
                                                (April 8, 2015), 80 FR 20049 (‘‘Notice’’).
                                                   5 See Letter from Peter D. Selman, Managing           imminent transactions in the security or                  disadvantaging their customers or other
                                                Director, Goldman Sachs & Co., dated May 5, 2015         related securities; or                                    market participants by improperly
                                                (‘‘Goldman Letter’’).                                      (c) disclosing to another person or                     capitalizing on a member organization’s
                                                   6 See Securities Exchange Act Release No. 75004
                                                                                                         entity any material, non-public                           access to the receipt of material, non-
                                                (May 20, 2015), 80 FR 30301 (May 27, 2015).              information involving a corporation                       public information.14 Nonetheless, the
                                                   7 In Amendment No. 1 the Exchange clarifies that

                                                it is not proposing to change what is considered to
                                                                                                         whose shares are publicly traded or an                    Exchange also notes that while the
                                                be material, non-public information and, thus does       imminent transaction in an underlying                     proposed rule change would no longer
                                                not expect there to be any changes to the types of       security or related securities for the                    specifically require information barriers,
                                                information that an affiliated brokerage business of     purpose of facilitating the possible                      an ATP Holder’s business model or
                                                a Specialist or e-Specialist could share with such
                                                Specialist or e-Specialist. In that regard, the
                                                                                                         misuse of such material, non-public                       business activities may dictate that an
                                                Exchange explains that it no longer offers Reserve       information.                                              information barrier or a functional
                                                Orders, and the proposed rule change would not           Pursuant to NYSE MKT Rule 3(j),                           separation be part of the policies and
                                                permit the affiliates of a Specialist or e-Specialist                                                              procedures that are reasonably designed
                                                to have access to any non-public order or quote
                                                                                                         Specialists and e-Specialists are
                                                information of the Specialist of e-Specialist. The       obligated to ensure that their policies                   to achieve compliance with applicable
                                                Exchange also explains that it does not believe that     and procedures reflect the current state                  securities law and regulations, and with
                                                there will be any material change to member              of their business and are reasonably                      applicable Exchange rules.15
                                                information barriers as a result of removal of the                                                                    Deleting NYSE MKT Rule 927.3NY
                                                Exchange pre-approval requirement. In fact, the
                                                                                                         designed to protect against the misuse of
                                                Exchange anticipates that eliminating the pre-           material, non-public information,                         will remove the requirement for
                                                approval requirement should facilitate                   applicable federal securities law and                     specified, prescriptive information
                                                implementation of changes to member information          regulations, and Exchange rules. The                      barriers as well as the pre-approval of
                                                barriers as necessary to protect against the misuse                                                                any information barriers used by
                                                of material, non-public information. The Exchange
                                                                                                         Exchange believes that such a
                                                also suggests that the pre-approval requirement is       principles-based approach should                          Specialists. Deleting NYSE MKT Rule
                                                unnecessary because Specialists no longer have           provide Specialists, e-Specialists and                    927.5NY(f) will remove the explicit
                                                agency responsibilities to the book, or time and         ATP Holders with greater flexibility to                   information barrier requirement for e-
                                                place information advantages because of their                                                                      Specialists. However, the Exchange
                                                market role. Finally, the Exchange argues that NYSE
                                                                                                         develop and adapt their policies and
                                                MKT Rule 927.5NY(f) is a principles-based                procedures as appropriate to reflect                      notes, as is the case today with Market
                                                information barrier rule that is redundant of the        their business model, business                            Makers, that information barriers of new
                                                requirements applicable to all members under             activities, or the securities market.8                    entrants, including new Specialists,
                                                NYSE MKT Rule 3(j). Amendment No. 1 is not                                                                         would be subject to review as part of a
                                                subject to notice and comment because it is a
                                                                                                           The Exchange notes that under this
                                                technical amendment that does not alter the              proposed rule change an ATP Holder                        new firm application.16 Moreover, the
                                                substance of the proposed rule change or raise any       could structure its options Specialists,                  policies and procedures of Specialists
                                                novel regulatory issues. Amendment No. 1 has been        e-Specialists, or Market Makers, as
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                                                placed in the public comment file for SR–                                                                            9 See id. at 20051.
                                                NYSEMKT–2015–23 at http://www.sec.gov/
                                                                                                         applicable, with the firm’s equities and                    10 17 CFR 242.200(f).
                                                comments/sr-nysemkt-2015-23/                             customer-facing businesses; provided,                       11 See Notice, supra note 4, 80 FR at 20051.
                                                nysemkt201523.shtml (see letter from Martha              that any such structuring be done in a                      12 15 U.S.C. 78o(g).
                                                Redding, Senior Counsel, Assistant Secretary, New        manner reasonably designed to protect                       13 See Notice, supra note 4, 80 FR at 20051.
                                                York Stock Exchange LLC (‘‘NYSE’’), to Secretary,
                                                Commission, dated June 30, 2015) and also is
                                                                                                         against the misuse of material, non-                        14 See id. at 20051–52.
                                                                                                                                                                     15 See id. at 20052.
                                                available at the Exchange’s Web site at https://
                                                www.nyse.com/regulation/rule-filings.                         8 See   Notice, supra note 4, 80 FR at 20050.          16 See id. at 20050–51, n. 7.




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                                                                                 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices                                                     42599

                                                and e-Specialists, including those                       suggested that the Exchange’s proposed                  example, NYSE MKT Rule 320 requires
                                                relating to information barriers, would                  approach to preventing the misuse of                    members to establish, maintain, enforce,
                                                be subject to review by the Financial                    material non-public information be                      and keep current a system of
                                                Industry Regulatory Authority                            adopted by other option exchanges such                  compliance and supervisory controls,
                                                (‘‘FINRA’’), on behalf of the Exchange,                  that the benefits of the proposal could                 reasonably designed to achieve
                                                pursuant to a Regulatory Services                        be fully realized.24                                    compliance with applicable securities
                                                Agreement.17                                                                                                     laws and Exchange rules, and NYSE
                                                   The Exchange also represents that                     IV. Discussion and Commission
                                                                                                                                                                 MKT Rule 995NY(c) prevents an ATP
                                                Specialists and e-Specialists do not have                Findings
                                                                                                                                                                 Holder or person associated with an
                                                different or greater access to nonpublic                    After careful consideration, the                     ATP Holder, who has knowledge of an
                                                information than other market                            Commission finds that the proposed                      originating order, a solicited order, or a
                                                participants on the Exchange, and differ                 rule change, as modified by Amendment                   facilitation order, to enter, based on
                                                from other types of Exchange Market                      No. 1, is consistent with the                           such knowledge, an order to buy or sell
                                                Makers only because of heightened                        requirements of the Act and the rules                   an option on the underlying securities
                                                obligations and allocation guarantees.18                 and regulations thereunder applicable to                of any option that is the subject of the
                                                Specifically, the Exchange notes that                    a national securities exchange.25 The                   order, an order to buy or sell the
                                                Specialists and e-Specialists, like other                Commission believes that the proposed                   security underlying any option that is
                                                types of Exchange Market Makers, do                      rule change, as modified by Amendment                   the subject of the order, or any order to
                                                not have any agency responsibilities for                 No. 1, is consistent with Section                       buy or sell any related instrument
                                                orders in the Consolidated Book.                         6(b)(5) 26 in particular, in that it is                 unless certain disclosure or timing
                                                Accordingly, the Exchange believes that                  designed to prevent fraudulent and                      requirements are satisfied.
                                                it is appropriate to apply a consistent,                 manipulative acts and practices, to                        The Commission notes that the
                                                principles-based, regulatory framework                   promote just and equitable principles of                Exchange has represented that
                                                related to the protection against the                    trade, to foster cooperation and                        Specialists and e-Specialists do not have
                                                misuse of material non-public                            coordination with persons engaged in                    informational advantages compared to
                                                information for Specialists, e-Specialists               facilitating transactions in securities, to             other Exchange market participants.29
                                                and Market Makers under NYSE MKT                         remove impediments to and perfect the                   The Commission additionally notes that
                                                Rule 3(j).                                               mechanism of a free and open market                     the Exchange has specified that it no
                                                   The Exchange also proposes to make                    and a national market system, and, in                   longer offers Reserve Orders, and,
                                                a conforming amendment to remove                         general, to protect investors and the                   further specified that in no event would
                                                references to NYSE MKT Rule 927.3NY                      public interest.                                        this proposed rule change permit the
                                                from NYSE MKT Rule 927.6NY.                                 The Exchange proposes to delete                      affiliates of a Specialist or e-Specialist to
                                                                                                         NYSE MKT Rule 927.3NY, which sets                       have access to any non-public quote or
                                                III. Summary of Comment Received                         forth prescriptive requirements for                     order information of the Specialist or of
                                                   The Commission received one                           Specialists to have information barriers,               the e-Specialist.30 Accordingly, based
                                                comment letter in support of the                         and NYSE MKT Rule 927.5NY(f), which                     on the Exchange’s representations that
                                                proposal.19 The commenter stated that                    sets forth a principles-based,                          (1) Specialists and e-Specialists do not
                                                Exchange Specialists no longer have                      information barrier requirement for e-                  have informational advantages
                                                informational advantages compared to                     Specialists. The Commission believes                    compared to other Exchange market
                                                other Exchange market participants, and                  that the proposed rule change is                        participants, (2) Specialists and e-
                                                thus the specific and rigid requirements                 consistent with the Act because it                      Specialists are not be permitted to share
                                                applied to Specialists under NYSE MKT                    continues to require firms to maintain                  any hidden, non-public quote or order
                                                Rule 927.3NY and NYSE MKT Rule                           policies and procedures, consistent with                interest with an affiliate, and (3) ATP
                                                927.5NY(f) are no longer meaningful.20                   NYSE MKT Rule 3(j) and Section 15(g)                    Holders are prohibited from
                                                In addition, the commenter posited that                  of the Act,27 that are reasonably                       disadvantaging their customers or other
                                                the proposal would promote effective                     designed to prevent the misuse of                       market participants by improperly
                                                risk management by enabling firms with                   material, non-public information, while                 capitalizing on a member organization’s
                                                multiple options trading desks to share                  allowing firms greater flexibility in                   access to the receipt of material, non-
                                                proprietary options positions and                        structuring their business and                          public information, the Commission
                                                related hedging position information.21                  compliance operations. Further, as                      believes that it is appropriate for the
                                                The commenter explained that many                        noted by the Exchange in the Notice, if                 Exchange to adopt a principles-based
                                                firms seek to centralize trading                         Specialists or e-Specialists are                        regulatory approach.31 Nonetheless, the
                                                operations in order to eliminate                         integrated with other market making
                                                redundancies, develop more resilient                     operations, they would be subject to                      29 See  Amendment No. 1, supra note 7.
                                                system architecture, and thereby reduce                  existing Exchange rules that prohibit                     30 See  id.
                                                position risk.22 The commenter also                      ATP Holders from disadvantaging their                      31 In approving this rule change, the Commission

                                                opined that the proposed rule change is                  customers or other market participants                  notes that it has considered the proposed rule’s
                                                consistent with the Commission’s efforts                 by improperly capitalizing on a member
                                                                                                                                                                 impact on efficiency, competition, and capital
                                                to require firms to more effectively limit                                                                       formation. See 15 U.S.C. 78c(f). The Commission
                                                                                                         organization’s access to the receipt of                 notes that NYSE Arca Equities, Inc. (‘‘NYSE Arca’’)
                                                exposure resulting from trading market                   material, non-public information.28 For                 and BATS Exchange, Inc.’s (‘‘BATS’’), cash equity
                                                risk.23 Further, the commenter                                                                                   markets that trade electronically, have both adopted
                                                                                                                                                                 a principles-based approach to protecting against
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                                                                                                              24 Id.
                                                  17 See id.                                               25 In approving this rule change, the Commission
                                                                                                                                                                 the misuse of material non-public information. See
                                                 18 See Rules 927NY(c) and 927.5NY; see also                                                                     Securities Exchange Act Release Nos. 60604 (Sept.
                                                                                                         notes that it has considered the proposed rule’s        2, 2009), 76 FR 46272 (Sept. 8, 2009) (SR–
                                                Notice, supra note 4, 80 FR at 20050.                    impact on efficiency, competition, and capital
                                                 19 See Goldman Letter, supra note 5.                                                                            NYSEArca–2009–78) (‘‘Arca Approval Order’’);
                                                                                                         formation. See 15 U.S.C. 78c(f).                        61574 (Feb. 23, 2010), 75 FR 9455 (Mar. 2, 2010)
                                                 20 Id. at 1.                                              26 15 U.S.C. 78f(b)(5).
                                                                                                                                                                 (SR–BATS–2010–003) (‘‘BATS Approval Order’’).
                                                 21 Id.                                                    27 15 U.S.C. 78o(g). See Notice, supra note 4, 80
                                                                                                                                                                 Similarly, NYSE and NYSE MKT, except for
                                                 22 Id. at 2.                                            FR at 20051–52.                                         prescribed rules relating to floor-based designated
                                                 23 Id.                                                    28 See Notice, supra note 4, 80 FR at 20051–52.                                                  Continued




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                                                42600                                       Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices

                                                Commission notes that, while                                               SOCIAL SECURITY ADMINISTRATION                                    (SSA)
                                                information barriers are not specifically
                                                required under this proposed rule                                                                                                               Social Security Administration,
                                                                                                                           [Docket No. SSA–2015–0045]                                        OLCA, Attn: Reports Clearance Director,
                                                change, a firm’s business model or
                                                business activities may dictate that an                                                                                                      3100 West High Rise, 6401 Security
                                                                                                                           Agency Information Collection
                                                information barrier or a functional                                                                                                          Blvd., Baltimore, MD 21235, Fax: 410–
                                                                                                                           Activities: Proposed Request and
                                                separation be part of the appropriate set                                                                                                    966–2830, Email address:
                                                                                                                           Comment Request                                                   OR.Reports.Clearance@ssa.gov.
                                                of policies and procedures that would
                                                be reasonably designed to achieve                                             The Social Security Administration                                Or you may submit your comments
                                                compliance with applicable securities                                      (SSA) publishes a list of information                             online through www.regulations.gov,
                                                law and regulations, and with                                              collection packages requiring clearance                           referencing Docket ID Number [SSA–
                                                applicable Exchange rules.                                                                                                                   2015–0045].
                                                                                                                           by the Office of Management and
                                                  Finally, the Commission notes that
                                                                                                                           Budget (OMB) in compliance with                                      I. The information collections below
                                                the policies and procedures required by
                                                                                                                           Public Law 104–13, the Paperwork                                  are pending at SSA. SSA will submit
                                                NYSE MKT Rule 3(j) are subject to
                                                                                                                           Reduction Act of 1995, effective October                          them to OMB within 60 days from the
                                                oversight by the Exchange and review
                                                                                                                           1, 1995. This notice includes revisions                           date of this notice. To be sure we
                                                by FINRA,32 and the Commission
                                                emphasizes that member organizations                                       and an extension of OMB-approved                                  consider your comments, we must
                                                operating a Specialist, e-Specialist or                                    information collections.                                          receive them no later than September
                                                Market Maker should be proactive in                                                                                                          15, 2015. Individuals can obtain copies
                                                                                                                              SSA is soliciting comments on the                              of the collection instruments by writing
                                                assuring that its policies and procedures                                  accuracy of the agency’s burden
                                                reflect the current state of its business                                                                                                    to the above email address.
                                                                                                                           estimate; the need for the information;
                                                and continue to be reasonably designed                                     its practical utility; ways to enhance its                           1. Employment Relationship
                                                to achieve compliance with applicable                                      quality, utility, and clarity; and ways to                        Questionnaire—20 CFR 404.1007—
                                                federal securities law and regulations                                                                                                       0960–0040. When SSA needs
                                                                                                                           minimize burden on respondents,
                                                and with applicable Exchange rules.33                                                                                                        information to determine a worker’s
                                                                                                                           including the use of automated
                                                                                                                                                                                             employment status for the purpose of
                                                V. Conclusion                                                              collection techniques or other forms of                           maintaining a worker’s earning records,
                                                  It is therefore ordered, pursuant to                                     information technology. Mail, email, or                           the agency uses Form SSA–7160–F4 to
                                                Section 19(b)(2) of the Act 34 that the                                    fax your comments and                                             determine the existence of an employer-
                                                proposed rule change (SR–NYSEMKT–                                          recommendations on the information                                employee relationship. We use the
                                                2015–23), as modified by Amendment                                         collection(s) to the OMB Desk Officer                             information to develop the employment
                                                No. 1, be, and it hereby is, approved.                                     and SSA Reports Clearance Officer at                              relationship; specifically to determine
                                                  For the Commission, by the Division of                                   the following addresses or fax numbers.                           whether a beneficiary is self-employed
                                                Trading and Markets, pursuant to delegated                                 (OMB)                                                             or an employee. The respondents are
                                                authority.35                                                                                                                                 individuals seeking to establish their
                                                Brent J. Fields,                                                             Office of Management and Budget,                                status as employees, and the individuals
                                                Secretary.                                                                 Attn: Desk Officer for SSA, Fax: 202–                             alleged employers.
                                                [FR Doc. 2015–17500 Filed 7–16–15; 8:45 am]                                395–6974, Email address: OIRA_                                       Type of Request: Revision of an OMB-
                                                BILLING CODE 8011–01–P                                                     Submission@omb.eop.gov.                                           approved information collection.

                                                                                                                                                                                                                         Average               Estimated total
                                                                                                                                                                            Number        Frequency of                 burden per
                                                                                        Modality of completion                                                                                                                                 annual burden
                                                                                                                                                                        of respondents      response                    response                   (hours)
                                                                                                                                                                                                                        (minutes)

                                                Individuals ........................................................................................................            8,000                         1                        25               3,333
                                                Businesses .......................................................................................................              7,200                         1                        25               3,000
                                                State/Local Government ..................................................................................                         800                         1                        25                 333

                                                      Totals ........................................................................................................          16,000    ........................   ........................            6,666



                                                  2. Vocational Rehabilitation Provider                                    providing VR services. SSA requires                               SSA for consideration and approval of
                                                Claim—20 CFR 404.2108(b),                                                  state VR agencies to submit                                       the claim for reimbursement of costs
                                                404.2117(c)(1) & (2), 404.2101(b) & (c),                                   reimbursement claims for the following                            incurred for SSA beneficiaries. For
                                                404.2121(a), 416.2208(b), 416.2217(c)(1)                                   categories: (1) Claiming reimbursement                            claims certifying adherence to cost
                                                & (2), 416.2201(b) & (c), 416.2221(a)—                                     for VR services provided; (2) certifying                          containment policies and procedures, or
                                                0960–0310. State vocational                                                adherence to cost containment policies                            for preparing causality statements, State
                                                rehabilitation (VR) agencies submit                                        and procedures; and (3) preparing                                 VR agencies submit written requests as
                                                Form SSA–199 to SSA to obtain                                              causality statements. The respondents                             stipulated in SSA’s regulations within
                                                reimbursement of costs incurred for                                        mail the paper copy of the SSA–199 to                             the Code of Federal Regulations. In most
srobinson on DSK5SPTVN1PROD with NOTICES




                                                market makers that have access to specified non-                           12) (‘‘NYSE Approval Order’’); 72535 (July 3, 2014)                 33 The Commission notes that such policies and

                                                public trading information, also adopted principles-                       79 FR 39024 (July 9, 2014) (SR–NYSEMKT–2014–                      procedures may include the programming and
                                                based approaches to prevent the misuse of material                         22) (‘‘NYSE MKT Approval Order’’).                                operation of a member organization’s trading
                                                non-public information for cash equity markets. See                          32 See Notice, supra note 4, 80 FR at 20050–51,                 algorithms to protect against the misuse of material
                                                Securities Exchange Act Release Nos. 72534 (July 3,                                                                                          non-public information.
                                                                                                                           n. 7.                                                               34 15 U.S.C. 78s(b)(2).
                                                2014), 79 FR 39019 (July 9, 2014) (SR–NYSE–2014–
                                                                                                                                                                                               35 17 CFR 200.30–3(a)(12).




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Document Created: 2018-02-23 09:21:30
Document Modified: 2018-02-23 09:21:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 42597 

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