80_FR_57589 80 FR 57405 - Sunshine Act Meeting

80 FR 57405 - Sunshine Act Meeting

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 184 (September 23, 2015)

Page Range57405-57406
FR Document2015-24217

Federal Register, Volume 80 Issue 184 (Wednesday, September 23, 2015)
[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Notices]
[Pages 57405-57406]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24217]


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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold a Closed Meeting on Friday, September 
25, 2015 at 11:00 a.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the Closed Meeting. 
Certain staff members who have an interest in the matters also may be 
present.
    The General Counsel of the Commission, or her designee, has 
certified that, in her opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the 
scheduled matter at the Closed Meeting.
    Commissioner Piwowar, as duty officer, voted to consider the items 
listed for the Closed Meeting in closed session.
    The subject matter of the Closed Meeting will be:
    Institution of injunctive actions;
    Institution and settlement of administrative proceedings; and
    Other matters relating to enforcement proceedings.

[[Page 57406]]

    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact the Office of the 
Secretary at (202) 551-5400.

    Dated: September 18, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-24217 Filed 9-21-15; 11:15 am]
 BILLING CODE 8011-01-P



                                                                          Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices                                                 57405

                                                  Associated with the Development of a                    this and other countries will discuss                 scientific validity of activities
                                                  Separate Repository for U.S.                            issues such as:                                       undertaken by DOE related to
                                                  Department of Energy-Managed High-                         • Expected hydrogeological and                     implementing the NWPA. Board
                                                  Level Radioactive Waste and Spent                       geochemical conditions at the proposed                members are experts in their fields and
                                                  Nuclear Fuel. In its report, the Board                  disposal depth and their associated                   are appointed by the President from a
                                                  reviewed two DOE reports, one of which                  characterization methods;                             list of candidates submitted by the
                                                  was released in October 2014 and the                       • Waste forms to be disposed of,                   National Academy of Sciences. The
                                                  other in March 2015. The DOE reports                    durability of waste-disposal canister and             Board reports its findings, conclusions,
                                                  recommended implementing a strategy                     overpack materials, and effectiveness of              and recommendations to Congress and
                                                  for disposal of some DOE-managed                        borehole seals;                                       the Secretary of Energy. Board reports,
                                                  high-level radioactive waste (HLW), and                    • Challenges to deep drilling in                   correspondence, congressional
                                                  possibly some DOE-managed spent                         crystalline rocks and to operations                   testimony, and meeting transcripts and
                                                  nuclear fuel (SNF), in a separate                       related to emplacing the waste canisters              materials are posted on the Board’s Web
                                                  geologic repository rather than                         in boreholes;                                         site.
                                                  commingling the DOE wastes in a single                     • Regulatory framework for deep                       For information on the workshop,
                                                  repository with commercial HLW and                      borehole disposal of solid radioactive                contact Bret Leslie at leslie@nwtrb.gov,
                                                  SNF. The October 2014 report also                       wastes;                                               Roberto Pabalan at pabalan@nwtrb.gov,
                                                  recommended that DOE retain the                            • Advantages and disadvantages of                  or Karyn Severson at severson@
                                                  flexibility to consider options for                     deep borehole disposal compared with                  nwtrb.gov. For information on meeting
                                                  disposal of smaller DOE-managed waste                   other disposal concepts.                              logistics, contact Linda Coultry at
                                                                                                             There will be a lunchtime
                                                  forms in deep boreholes rather than in                                                                        coultry@nwtrb.gov. They can be reached
                                                                                                          presentation on Tuesday titled
                                                  a mined, geologic repository. DOE                                                                             by phone at 703–235–4473.
                                                                                                          ‘‘International Perspective on Deep
                                                  identified cesium and strontium                                                                                 Dated: September 17, 2015.
                                                                                                          Borehole Disposal.’’ Those who wish to
                                                  capsules as candidates for disposal in
                                                                                                          attend the lunchtime presentation                     Nigel Mote,
                                                  deep boreholes.
                                                                                                          should send an email no later than                    Executive Director, U.S. Nuclear Waste
                                                     The Board’s October workshop will                    October 15 to October2015Workshop@                    Technical Review Board.
                                                  look at issues associated with the design               nwtrb.gov with the words ‘‘Working                    [FR Doc. 2015–24043 Filed 9–22–15; 8:45 am]
                                                  and implementation of a program for                     Lunch RSVP’’ in the subject line.                     BILLING CODE P
                                                  deep borehole disposal of solid                         Information on arrangements for the
                                                  radioactive wastes. In particular, the                  lunch will be provided in response to
                                                  objective of the workshop will be to                    the email.
                                                  identify the technical and scientific                      The panel discussions will resume at               SECURITIES AND EXCHANGE
                                                  issues associated with DOE’s research                   8:00 a.m. on Wednesday and continue                   COMMISSION
                                                  and development program to assess the                   throughout the day until the conclusion
                                                  viability of the deep borehole disposal                 of the workshop at approximately 5:00                 Sunshine Act Meeting
                                                  concept and, more broadly, to identify                  p.m.
                                                  issues associated with implementation                      Opportunities for public comment                      Notice is hereby given, pursuant to
                                                  of deep borehole disposal.                              will be provided on both days before the              the provisions of the Government in the
                                                     The workshop will be held at the                     lunch break and at the end of the day.                Sunshine Act, Public Law 94–409, that
                                                  Embassy Suites Hotel, 1250 22nd Street                  It may be necessary to set a time limit               the Securities and Exchange
                                                  NW., Washington, DC 20037; (Tel) 202–                   on individual remarks in order to                     Commission will hold a Closed Meeting
                                                  857–3388, (Fax) 202–293–3173. A block                   maintain the schedule, but written                    on Friday, September 25, 2015 at 11:00
                                                  of sleeping rooms has been reserved at                  comments of any length may be                         a.m.
                                                  the hotel for meeting attendees. To make                submitted during and after the                           Commissioners, Counsel to the
                                                  a reservation, attendees may call 1 800–                workshop and will be entered into the                 Commissioners, the Secretary to the
                                                  445–8667. The group code name for the                   record of the meeting posted on the                   Commission, and recording secretaries
                                                  workshop is ‘‘NUC.’’ Reservations also                  Board’s Web site. The meeting will also               will attend the Closed Meeting. Certain
                                                  may be made on the hotel Web site:                      be webcast through a link that will be                staff members who have an interest in
                                                  http://embassysuites.hilton.com/en/es/                  posted on the Board’s Web site.                       the matters also may be present.
                                                  groups/personalized/W/WASDNES–                             The workshop agenda will be                           The General Counsel of the
                                                  NUC–20151019/index.jhtml.                               available on the Board’s Web site                     Commission, or her designee, has
                                                  Reservations must be made by Monday,                    (www.nwtrb.gov) approximately one                     certified that, in her opinion, one or
                                                  September 28, 2015, to receive the                      week before the meeting. The transcript               more of the exemptions set forth in 5
                                                  group rate.                                             of the workshop discussions, the                      U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
                                                     The first day of the workshop will                   presentation materials, and any                       and 17 CFR 200.402(a)(3), (5), (7), 9(ii)
                                                  begin at 8:00 a.m. and is scheduled to                  comments and other documents                          and (10), permit consideration of the
                                                  wind up at about 5:30 p.m. The agenda                   submitted for the record will be                      scheduled matter at the Closed Meeting.
                                                  on Tuesday will begin with                              available on the Board’s Web site after                  Commissioner Piwowar, as duty
                                                  presentations by DOE managers and                       November 20, 2015. The Webcast                        officer, voted to consider the items
                                                  experts on DOE’s plans for studying                     recording also will be available on the               listed for the Closed Meeting in closed
                                                                                                                                                                session.
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                                                  deep borehole disposal, including a                     Board’s Web site for a period of one year
                                                  field test program being planned by                     after the workshop.                                      The subject matter of the Closed
                                                  DOE to provide information on the                          The Board was established in the                   Meeting will be:
                                                  geoscience of the deep borehole                         1987 Nuclear Waste Policy                                Institution of injunctive actions;
                                                  disposal concept and the technical                      Amendments Act as an independent                         Institution and settlement of
                                                  issues associated with its                              federal agency in the Executive branch                administrative proceedings; and
                                                  implementation. Following the DOE                       to perform an ongoing objective                          Other matters relating to enforcement
                                                  presentations, panels of experts from                   evaluation of the technical and                       proceedings.


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                                                  57406                    Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices

                                                    At times, changes in Commission                       on the Exchange. The Phlx’s System for                 a ‘‘Firm’’ to mean ‘‘a broker-dealer
                                                  priorities require alterations in the                   trading Complex Orders includes a                      trading for its own (proprietary) account
                                                  scheduling of meeting items.                            Complex Order Opening Process                          that is: A member of The Options
                                                    For further information and to                        (‘‘COOP’’); the Complex Order Live                     Clearing Corporation (‘‘OCC’’) or
                                                  ascertain what, if any, matters have been               Auction (‘‘COLA’’), an automated                       maintains a Joint Back Office (‘‘JBO’’)
                                                  added, deleted or postponed, please                     auction for seeking liquidity and price                arrangement with an OCC member.7 The
                                                  contact the Office of the Secretary at                  improvement for Complex Orders; and a                  Phlx also proposes to revise Phlx Rule
                                                  (202) 551–5400.                                         Complex Limit Order Book (‘‘CBOOK’’).                  1080.07 to provide that orders from
                                                    Dated: September 18, 2015.                            According to the Phlx, among other                     Firms, like orders from market makers,
                                                                                                          things, the proposal would revise Phlx                 would not trigger a COLA.8 In addition,
                                                  Brent J. Fields,
                                                                                                          Rule 1080.07 to: (i) Accurately describe               the Phlx proposes to treat Firms like
                                                  Secretary.
                                                                                                          the operation of the COOP and the                      market makers for purposes of
                                                  [FR Doc. 2015–24217 Filed 9–21–15; 11:15 am]            execution of orders at the opening,                    determining the allocations and
                                                  BILLING CODE 8011–01–P                                  including the treatment of Immediate-                  execution price that their trading
                                                                                                          or-Cancel (‘‘IOC’’) orders and Do Not                  interest will receive at the conclusion of
                                                                                                          Auction (‘‘DNA’’) orders at the opening;               a COLA.9
                                                  SECURITIES AND EXCHANGE                                 (ii) add definitions of ‘‘COOP Sweep’’                    The Phlx proposes to treat Firm
                                                  COMMISSION                                              and ‘‘COLA Sweep,’’ and correct                        orders like non-Phlx market makers for
                                                  [Release No. 34–75942; File No. SR–Phlx–                existing rule text to indicate that only               purposes of these rules because the Phlx
                                                  2015–49]                                                Phlx XL market makers may submit                       believes that the trading style and needs
                                                                                                          COLA Sweeps; (iii) delete rule text that               of Firms are more like market makers.10
                                                  Self-Regulatory Organizations;                          incorrectly states that a specialist could             The Phlx states that Firms are large,
                                                  NASDAQ OMX PHLX LLC; Order                              be entitled to receive 40% of the                      well-capitalized broker-dealers that
                                                  Instituting Proceedings To Determine                    remainder of a COLA-eligible order, as                 trade for their own accounts and
                                                  Whether To Approve or Disapprove a                      well as rule text indicating that only a               generally submit large orders, including
                                                  Proposed Rule Change To Amend and                       specialist’s interest at the cPBBO is                  orders that facilitate their clients’ orders
                                                  Correct Rule 1080.07                                    aggregated for purposes of determining                 or offset large positions taken to
                                                                                                          the specialist’s entitlement in the COLA,              accommodate their customers.11
                                                  September 17, 2015.
                                                                                                          so that the revised rule will provide that             According to the Phlx, Firms must have
                                                  I. Introduction                                         the specialist is entitled to receive the              the financial wherewithal that this role
                                                     On June 5, 2015, NASDAQ OMX                          greater of (a) the proportion of the                   necessitates.12 Thus, the Phlx states that
                                                                                                          aggregate size associated with the                     Firms, in general, are commonly viewed
                                                  PHLX LLC (‘‘Exchange’’ or ‘‘Phlx’’) filed
                                                                                                          specialist’s COLA Sweep, SQT and                       as liquidity providers, much like market
                                                  with the Securities and Exchange
                                                                                                          RSQT COLA Sweeps, and non-SQT                          makers.13 The Phlx states that Firms do
                                                  Commission (‘‘Commission’’), pursuant
                                                                                                          ROT Complex Orders on the CBOOK, or                    not expect or need their Complex
                                                  to Section 19(b)(1) of the Securities
                                                                                                          (b) the Enhanced Specialist                            Orders to trigger a COLA, nor do they
                                                  Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                                                                          Participation as described in Phlx Rule                need or expect to submit Good Til
                                                  19b–4 thereunder,2 a proposed rule
                                                                                                          1014(g)(ii); (iv) delete rule text                     Cancelled Orders, because these are
                                                  change to amend and correct several
                                                                                                          indicating that, for allocation purposes,              features commonly associated with
                                                  provisions in Phlx Rule 1080.07,
                                                                                                          the size of a COLA Sweep or responsive                 customers rather than liquidity
                                                  ‘‘Complex Orders on Phlx XL,’’ which
                                                                                                          Complex Order will be limited to the                   providers who function to accommodate
                                                  governs the trading of Complex Orders                   size of the COLA-eligible order, thereby
                                                  on the Phlx’s Complex Order System                                                                             trading interest.14 The Phlx notes that
                                                                                                          clarifying that the size of a COLA Sweep               both of these features involve a temporal
                                                  (‘‘System’’). The proposed rule change                  or responsive Complex Order that
                                                  was published for comment in the                                                                               component, and that both a delay and
                                                                                                          exceeds the size of the COLA-eligible                  long-lasting interest are inconsistent
                                                  Federal Register on June 23, 2015.3 On                  order may trade against remaining
                                                  July 30, 2015, the Commission extended                  interest after the COLA-eligible order                    7 Id. Unless otherwise specified, Firms are
                                                  the time period for Commission action                   has been executed to the fullest extent                included in the category of non-market-maker off-
                                                  to September 21, 2015.4 The                             possible; (v) revise rule text to indicate             floor broker-dealer. Id.
                                                  Commission received no comments                         that other interest in a COLA may trade
                                                                                                                                                                    8 See Phlx Rule 1080.07(e)(i)(B)(1). Orders from

                                                  regarding the proposal. This order                                                                             non-market maker off-floor broker-dealers that are
                                                                                                          after a COLA-eligible order has been                   not Firms would be COLA-eligible. See Phlx Rule
                                                  institutes proceedings under Section                    executed to the fullest extent possible,               1080.07(e)(i)(B)(1) and Notice, 80 FR at 36003.
                                                  19(b)(2)(B) of the Act 5 to determine                   rather than in its entirety, and to correct               9 See Phlx Rule 1080.07(e)(viii)(C)(2) and Notice,
                                                  whether to disapprove the proposed                      the description of the execution of                    80 FR at 36003. Orders of non-market maker off-
                                                  rule change.                                            crossing interest after a COLA-eligible                floor broker-dealers that are not Firms would be
                                                                                                                                                                 executed along with the orders of non-broker-dealer
                                                  II. Description of the Proposal                         order has been executed; (vi) provide                  customers at the conclusion of the COLA. See Phlx
                                                                                                          that the System will place a Complex                   Rule 1080.07(e)(viii)(C)(1) and Notice, 80 FR at
                                                    The Phlx proposes to make a number                    Order received during a configurable                   36003. At the same price, non-broker-dealer
                                                  of changes to Phlx Rule 1080.07 to                      period of time prior to the end of a                   customer orders would be executed in time priority,
                                                  amend and correct inconsistencies in                                                                           while non-market-maker off-floor broker-dealer
                                                                                                          trading session on the CBOOK after any                 orders would be executed on a pro rata basis at each
                                                  the rule and provide additional clarity                 marketable portion of the order has been               price level. See Phlx Rule 1080.07(e)(viii)(C)(1)(d).
                                                  regarding the trading of Complex Orders
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                                                                                                          executed; and (vii) describe the                          10 See Notice, 80 FR at 36003.


                                                    1 15
                                                                                                          handling of all-or-none Complex Orders.                   11 See Notice, 80 FR at 36003–36004.
                                                          U.S.C. 78s(b)(1).                                  In addition to these changes, the Phlx                 12 See Notice, 80 FR at 36004. In addition, Firms
                                                    2 17  CFR 240.19b–4.
                                                                                                          proposes to amend Phlx Rule 1080.07 to                 that are OCC clearing members must comply with
                                                     3 See Securities Exchange Act Release No. 75189                                                             OCC rules regarding, among other things, net
                                                  (June 17, 2015), 80 FR 35997 (‘‘Notice’’).              add a definition of ‘‘Firm.’’ 6                        capital, risk management procedures, and margin.
                                                     4 See Securities Exchange Act Release No. 75570,     Specifically, the Phlx proposes to define              See id.
                                                  80 FR 46619 (August 5, 2015).                                                                                     13 See id.
                                                     5 15 U.S.C. 78s(b)(2)(B).                              6 See   Phlx Rule 1080.07(a)(x).                        14 See Notice, 80 FR at 36005.




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Document Created: 2015-12-15 09:45:12
Document Modified: 2015-12-15 09:45:12
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 57405 

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