80_FR_63834 80 FR 63632 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 3.22, Concerning Gifts and Gratuities in Relation to the Business of the Employer of the Recipient, and Renaming the Rule “Influencing or Rewarding Employees of Others”

80 FR 63632 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 3.22, Concerning Gifts and Gratuities in Relation to the Business of the Employer of the Recipient, and Renaming the Rule “Influencing or Rewarding Employees of Others”

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 202 (October 20, 2015)

Page Range63632-63634
FR Document2015-26579

Federal Register, Volume 80 Issue 202 (Tuesday, October 20, 2015)
[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Notices]
[Pages 63632-63634]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26579]



[[Page 63632]]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76158; File No. SR-BATS-2015-79]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Rule 3.22, Concerning Gifts and Gratuities in Relation to the Business 
of the Employer of the Recipient, and Renaming the Rule ``Influencing 
or Rewarding Employees of Others''

October 15, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on September 30, 2015, BATS Exchange, Inc. (the ``Exchange'' or 
``BATS'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated this proposal as a ``non-controversial'' 
proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and 
Rule 19b-4(f)(6)(iii) thereunder,\4\ which renders it effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

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

    The Exchange filed a proposal to amend Rule 3.22, Gratuities, to 
conform to the rules of the Financial Industry Regulatory Authority, 
Inc. (``FINRA'') for purposes of an agreement between the Exchange and 
FINRA pursuant to Rule 17d-2 under the Act.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
Sections A, B, and C below, of the most significant parts of such 
statements.

(A) Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Pursuant to Rule 17d-2 under the Act,\6\ the Exchange and FINRA 
entered into an agreement to allocate regulatory responsibility for 
common rules (the ``17d-2 Agreement''). The 17d-2 Agreement covers 
common members of the Exchange and FINRA and allocates to FINRA 
regulatory responsibility, with respect to common members, for the 
following: (i) Examination of common members of the Exchange and FINRA 
for compliance with certain federal securities laws, rules and 
regulations and rules of the Exchange that the Exchange has certified 
as identical or substantially similar to FINRA rules; (ii) 
investigation of common members of the Exchange and FINRA for 
violations of certain federal securities laws, rules or regulations, or 
Exchange rules that the Exchange has certified as identical or 
substantially identical to a FINRA rule; and (iii) enforcement of 
compliance by common members with certain federal securities laws, 
rules and regulations, and the rules of the Exchange that the Exchange 
has certified as identical or substantially similar to FINRA rules.\7\
---------------------------------------------------------------------------

    \6\ 17 CFR 240.17d-2.
    \7\ See Securities and Exchange Release No. 58818 (October 20, 
2008), 73 FR 63752 (October 27, 2008) (approving File No. 4-569).
---------------------------------------------------------------------------

    The 17d-2 Agreement included a certification by the Exchange that 
states that the requirements contained in certain Exchange rules are 
identical to, or substantially similar to, certain FINRA rules that 
have been identified as comparable. To conform to comparable FINRA 
rules for purposes of the 17d-2 Agreement, the Exchange proposes [sic] 
delete the current text of Rule 3.22, Gratuities, and adopt text that 
is identical to FINRA Rule 3220 and to rename the rule ``Influencing or 
Rewarding Employees of Others''. The proposed rule text is also 
identical to New York Stock Exchange, Inc. (``NYSE'') Rule 3220, which 
has been approved by the Commission.\8\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 59965 (May 21, 
2009), 74 FR 25783 (May 29, 2009) (SR-NYSE-2009-25).
---------------------------------------------------------------------------

    Currently, Exchange Rule 3.22 is excluded from the 17d-2 Agreement 
because it is not identical, or substantially similar to, FINRA Rules 
3220. Exchange Rule 3.22 prohibits Members from giving any compensation 
or gratuity in any one year in excess of $50.00 to any employee of the 
Exchange or in excess of $100.00 to any employee of any other Member or 
of any non-Member broker, dealer, bank or institution, without the 
prior consent of the employer and of the Exchange. FINRA Rule 3220 
currently prevents gifts in excess of a fixed amount, currently 
$100.00, where the gifts or gratuity is in relation to the business of 
the employee \9\ of the recipient. Unlike FINRA Rule 3220, current 
Exchange Rule 3.22 does not include record keeping requirements or an 
exclusion for payments made pursuant to bona fide, written employment 
contracts. Exchange Rule 3.22 was, therefore, excluded from the 17d-2 
Agreement because it was not identical or substantially similar to 
FINRA Rule 3220. To harmonize its rules with FINRA, the Exchange 
proposes to delete the current text of Rule 3.22 and adopt text that is 
identical to FINRA Rule 3220 so that it may be incorporated into the 
17d-2 Agreement in its entirety.
---------------------------------------------------------------------------

    \9\ The Commission notes that both FINRA Rule 3220 and proposed 
BATS Rule 3.22 limit gifts and gratuities in relation to the 
employer of the recipient, rather than those in relation to the 
``employee'' of the recipient as stated above.
---------------------------------------------------------------------------

    The Exchange believes that these changes will help to avoid 
confusion among Members of the Exchange that are also members of FINRA 
by further aligning the Exchange Rule 3.22 with FINRA Rule 3220. The 
proposed changes to Rule 3.22 are designed to enable the Exchange to 
incorporate Rule 3.22 into the 17d-2 Agreement, further reducing 
duplicative regulation of Members that are also members of FINRA. For 
the avoidance of doubt, Rule 3.22 would equally apply to Exchange-only 
Members as the Exchange believes it appropriately protects against 
improprieties that might arise when substantial gifts or monetary 
payments are given to certain persons. The Exchange will issue a 
Regulatory Notice to its Members, including Exchange-only Members that 
may not also be FINRA Members, and those Members registered with FINRA, 
clarifying that FINRA's interpretive guidance related to FINRA Rule 
3220 is considered part of Exchange Rule 3.22, and that all Members are 
required to regulate their conduct according to Rule

[[Page 63633]]

3.22 and the interpretive guidance related to FINRA Rule 3220.\10\
---------------------------------------------------------------------------

    \10\ See, e.g., FINRA's interpretative guidance concerning 
business entertainment expenses, including a June 24, 1999, Letter 
to Henry H. Hopkins and Sarah McCafferty, T. Rowe Price Investment 
Services, Inc. This interpretative letter and other interpretive 
guidance concerning gifts and gratuities expenses are currently 
available at FINRA's Web site.
---------------------------------------------------------------------------

    As amended, like FINRA Rule 3220(a), proposed paragraph (a) of Rule 
3.22 would prevent gifts in excess of $100.00 per individual per year 
where the gift or gratuity is in relation to the business of the 
employee of the recipient. A gift of any kind would be considered a 
gratuity. The Rule would also contain an express exclusion for payments 
made pursuant to bona fide, written employment contracts. Specifically, 
like FINRA Rule 3220(b), proposed paragraph (b) of Rule 3.22 would 
state that the rule would not apply to contracts of employment with or 
to compensation for services rendered by persons enumerated in 
paragraph (a) of the Rule, provided that there is in existence prior to 
the time of employment or before the services are rendered, a written 
agreement between the member and the person who is to be employed to 
perform such services. Proposed paragraph (c) would require such 
agreement to include the nature of the proposed employment, the amount 
of the proposed compensation, and the written consent of such person's 
employer or principal.
    The Rule would also require each Member to maintain a separate 
record of all gifts or gratuities. Like FINRA Rule 3220(c), proposed 
paragraph (c) of Rule 3.22 would require a separate record of all 
payments or gratuities in any amount known to the member, the 
employment agreement referred to in proposed paragraph (b) of Rule 3.22 
and any employment compensation paid as a result thereof shall be 
retained by the member for the period specified by Exchange Act Rule 
17a-4.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.17a-4.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that proposed rule change is consistent with 
Section 6(b)(5) of the Act,\12\ which requires, among other things, 
that the Exchange's rules be designed to prevent fraudulent and 
manipulative acts and practices, to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in facilitating transactions in securities, and to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system. The Exchange believes that the 
proposed rule change will further these requirements by providing 
greater harmonization between Exchange and FINRA rules of similar 
purpose, resulting in greater uniformity and less burdensome and more 
efficient regulatory compliance. As such, the proposed rule change 
would foster cooperation and coordination with persons engaged in 
facilitating transactions in securities and would remove impediments to 
and perfect the mechanism of a free and open market and a national 
market system in accordance with Section 6(b)(5) of the Act.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(5).
    \13\ Id.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change would 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change is 
not designed to address any competitive issues but rather to provide 
greater harmonization among Exchange and FINRA rules of similar 
purpose, resulting in less burdensome and more efficient regulatory 
compliance for common members and facilitating FINRA's performance of 
its regulatory functions under the 17d-2 Agreement.

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

    The Exchange has neither solicited nor received written comments on 
the proposed rule change.

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

    The Exchange has designated this rule filing as non-controversial 
under Section 19(b)(3)(A) of the Act \14\ and paragraph (f)(6) of Rule 
19b-4 thereunder.\15\ The proposed rule change effects a change that 
(A) does not significantly affect the protection of investors or the 
public interest; (B) does not impose any significant burden on 
competition; and (C) by its terms, does not become operative for 30 
days after the date of the filing, or such shorter time as the 
Commission may designate if consistent with the protection of investors 
and the public interest; provided that the self-regulatory organization 
has given the Commission written notice of its intent to file the 
proposed rule change, along with a brief description and text of the 
proposed rule change, at least five business days prior to the date of 
filing of the proposed rule change, or such shorter time as designated 
by the Commission.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily temporarily suspend such rule 
change if it appears to the Commission that such action is: (1) 
Necessary or appropriate in the public interest; (2) for the protection 
of investors; or (3) otherwise in furtherance of the purposes of the 
Act. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposal is 
consistent with the Act. Comments may be submitted by any of the 
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-BATS-2015-79 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File No. SR-BATS-2015-79. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such

[[Page 63634]]

filing will also be available for inspection and copying at the 
principal office of the Exchange. All comments received will be posted 
without change; the Commission does not edit personal identifying 
information from submissions. You should submit only information that 
you wish to make available publicly. All submissions should refer to 
File No. SR-BATS-2015-79 and should be submitted on or before November 
10, 2015.
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26579 Filed 10-19-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  63632                        Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices

                                                  SECURITIES AND EXCHANGE                                 any comments it received on the                          Currently, Exchange Rule 3.22 is
                                                  COMMISSION                                              proposed rule change. The text of these               excluded from the 17d–2 Agreement
                                                                                                          statements may be examined at the                     because it is not identical, or
                                                  [Release No. 34–76158; File No. SR–BATS–
                                                  2015–79]
                                                                                                          places specified in Item IV below. The                substantially similar to, FINRA Rules
                                                                                                          Exchange has prepared summaries, set                  3220. Exchange Rule 3.22 prohibits
                                                  Self-Regulatory Organizations; BATS                     forth in Sections A, B, and C below, of               Members from giving any compensation
                                                  Exchange, Inc.; Notice of Filing and                    the most significant parts of such                    or gratuity in any one year in excess of
                                                  Immediate Effectiveness of a Proposed                   statements.                                           $50.00 to any employee of the Exchange
                                                  Rule Change To Amend Rule 3.22,                         (A) Self-Regulatory Organization’s                    or in excess of $100.00 to any employee
                                                  Concerning Gifts and Gratuities in                      Statement of the Purpose of, and                      of any other Member or of any non-
                                                  Relation to the Business of the                         Statutory Basis for, the Proposed Rule                Member broker, dealer, bank or
                                                  Employer of the Recipient, and                          Change                                                institution, without the prior consent of
                                                  Renaming the Rule ‘‘Influencing or                                                                            the employer and of the Exchange.
                                                  Rewarding Employees of Others’’                         1. Purpose                                            FINRA Rule 3220 currently prevents
                                                                                                             Pursuant to Rule 17d–2 under the                   gifts in excess of a fixed amount,
                                                  October 15, 2015.
                                                                                                          Act,6 the Exchange and FINRA entered                  currently $100.00, where the gifts or
                                                     Pursuant to Section 19(b)(1) of the                  into an agreement to allocate regulatory
                                                  Securities Exchange Act of 1934 (the                                                                          gratuity is in relation to the business of
                                                                                                          responsibility for common rules (the                  the employee 9 of the recipient. Unlike
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  ‘‘17d–2 Agreement’’). The 17d–2
                                                  notice is hereby given that on                                                                                FINRA Rule 3220, current Exchange
                                                                                                          Agreement covers common members of                    Rule 3.22 does not include record
                                                  September 30, 2015, BATS Exchange,                      the Exchange and FINRA and allocates
                                                  Inc. (the ‘‘Exchange’’ or ‘‘BATS’’) filed                                                                     keeping requirements or an exclusion
                                                                                                          to FINRA regulatory responsibility, with              for payments made pursuant to bona
                                                  with the Securities and Exchange                        respect to common members, for the
                                                  Commission (‘‘Commission’’) the                                                                               fide, written employment contracts.
                                                                                                          following: (i) Examination of common                  Exchange Rule 3.22 was, therefore,
                                                  proposed rule change as described in                    members of the Exchange and FINRA
                                                  Items I, II, and III below, which Items                                                                       excluded from the 17d–2 Agreement
                                                                                                          for compliance with certain federal                   because it was not identical or
                                                  have been prepared by the Exchange.                     securities laws, rules and regulations
                                                  The Exchange has designated this                                                                              substantially similar to FINRA Rule
                                                                                                          and rules of the Exchange that the
                                                  proposal as a ‘‘non-controversial’’                                                                           3220. To harmonize its rules with
                                                                                                          Exchange has certified as identical or
                                                  proposed rule change pursuant to                                                                              FINRA, the Exchange proposes to delete
                                                                                                          substantially similar to FINRA rules; (ii)
                                                  Section 19(b)(3)(A) of the Act 3 and Rule                                                                     the current text of Rule 3.22 and adopt
                                                                                                          investigation of common members of
                                                  19b–4(f)(6)(iii) thereunder,4 which                     the Exchange and FINRA for violations                 text that is identical to FINRA Rule 3220
                                                  renders it effective upon filing with the               of certain federal securities laws, rules             so that it may be incorporated into the
                                                  Commission. The Commission is                           or regulations, or Exchange rules that                17d–2 Agreement in its entirety.
                                                  publishing this notice to solicit                       the Exchange has certified as identical                  The Exchange believes that these
                                                  comments on the proposed rule change                    or substantially identical to a FINRA                 changes will help to avoid confusion
                                                  from interested persons.                                rule; and (iii) enforcement of                        among Members of the Exchange that
                                                  I. Self-Regulatory Organization’s                       compliance by common members with                     are also members of FINRA by further
                                                  Statement of the Terms of Substance of                  certain federal securities laws, rules and            aligning the Exchange Rule 3.22 with
                                                  the Proposed Rule Change                                regulations, and the rules of the                     FINRA Rule 3220. The proposed
                                                                                                          Exchange that the Exchange has                        changes to Rule 3.22 are designed to
                                                     The Exchange filed a proposal to
                                                                                                          certified as identical or substantially               enable the Exchange to incorporate Rule
                                                  amend Rule 3.22, Gratuities, to conform
                                                                                                          similar to FINRA rules.7                              3.22 into the 17d–2 Agreement, further
                                                  to the rules of the Financial Industry
                                                                                                             The 17d–2 Agreement included a                     reducing duplicative regulation of
                                                  Regulatory Authority, Inc. (‘‘FINRA’’)
                                                                                                          certification by the Exchange that states             Members that are also members of
                                                  for purposes of an agreement between
                                                                                                          that the requirements contained in                    FINRA. For the avoidance of doubt,
                                                  the Exchange and FINRA pursuant to
                                                                                                          certain Exchange rules are identical to,              Rule 3.22 would equally apply to
                                                  Rule 17d–2 under the Act.5
                                                                                                          or substantially similar to, certain                  Exchange-only Members as the
                                                     The text of the proposed rule change
                                                                                                          FINRA rules that have been identified as              Exchange believes it appropriately
                                                  is available at the Exchange’s Web site
                                                                                                          comparable. To conform to comparable                  protects against improprieties that might
                                                  at www.batstrading.com, at the
                                                                                                          FINRA rules for purposes of the 17d–2                 arise when substantial gifts or monetary
                                                  principal office of the Exchange, and at
                                                                                                          Agreement, the Exchange proposes [sic]                payments are given to certain persons.
                                                  the Commission’s Public Reference
                                                                                                          delete the current text of Rule 3.22,
                                                  Room.                                                                                                         The Exchange will issue a Regulatory
                                                                                                          Gratuities, and adopt text that is
                                                                                                                                                                Notice to its Members, including
                                                  II. Self-Regulatory Organization’s                      identical to FINRA Rule 3220 and to
                                                                                                                                                                Exchange-only Members that may not
                                                  Statement of the Purpose of, and                        rename the rule ‘‘Influencing or
                                                                                                                                                                also be FINRA Members, and those
                                                  Statutory Basis for, the Proposed Rule                  Rewarding Employees of Others’’. The
                                                                                                                                                                Members registered with FINRA,
                                                  Change                                                  proposed rule text is also identical to
                                                                                                          New York Stock Exchange, Inc.                         clarifying that FINRA’s interpretive
                                                    In its filing with the Commission, the                                                                      guidance related to FINRA Rule 3220 is
                                                  Exchange included statements                            (‘‘NYSE’’) Rule 3220, which has been
                                                                                                                                                                considered part of Exchange Rule 3.22,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  concerning the purpose of and basis for                 approved by the Commission.8
                                                                                                                                                                and that all Members are required to
                                                  the proposed rule change and discussed                    6 17                                                regulate their conduct according to Rule
                                                                                                                 CFR 240.17d–2.
                                                                                                            7 See Securities and Exchange Release No. 58818
                                                    1 15 U.S.C. 78s(b)(1).                                (October 20, 2008), 73 FR 63752 (October 27, 2008)       9 The Commission notes that both FINRA Rule
                                                    2 17 CFR 240.19b–4.
                                                                                                          (approving File No. 4–569).                           3220 and proposed BATS Rule 3.22 limit gifts and
                                                    3 15 U.S.C. 78s(b)(3)(A).                               8 See Securities Exchange Act Release No. 59965     gratuities in relation to the employer of the
                                                    4 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                          (May 21, 2009), 74 FR 25783 (May 29, 2009) (SR–       recipient, rather than those in relation to the
                                                    5 17 CFR 240.17d–2.                                   NYSE–2009–25).                                        ‘‘employee’’ of the recipient as stated above.



                                             VerDate Sep<11>2014   17:55 Oct 19, 2015   Jkt 238001   PO 00000   Frm 00135   Fmt 4703   Sfmt 4703   E:\FR\FM\20OCN1.SGM   20OCN1


                                                                               Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices                                                63633

                                                  3.22 and the interpretive guidance                      system. The Exchange believes that the                     proposed rule change, along with a brief
                                                  related to FINRA Rule 3220.10                           proposed rule change will further these                    description and text of the proposed
                                                     As amended, like FINRA Rule                          requirements by providing greater                          rule change, at least five business days
                                                  3220(a), proposed paragraph (a) of Rule                 harmonization between Exchange and                         prior to the date of filing of the
                                                  3.22 would prevent gifts in excess of                   FINRA rules of similar purpose,                            proposed rule change, or such shorter
                                                  $100.00 per individual per year where                   resulting in greater uniformity and less                   time as designated by the Commission.
                                                  the gift or gratuity is in relation to the              burdensome and more efficient                                 At any time within 60 days of the
                                                  business of the employee of the                         regulatory compliance. As such, the                        filing of the proposed rule change, the
                                                  recipient. A gift of any kind would be                  proposed rule change would foster                          Commission may summarily
                                                  considered a gratuity. The Rule would                   cooperation and coordination with                          temporarily suspend such rule change if
                                                  also contain an express exclusion for                   persons engaged in facilitating                            it appears to the Commission that such
                                                  payments made pursuant to bona fide,                    transactions in securities and would                       action is: (1) Necessary or appropriate in
                                                  written employment contracts.                           remove impediments to and perfect the                      the public interest; (2) for the protection
                                                  Specifically, like FINRA Rule 3220(b),                  mechanism of a free and open market                        of investors; or (3) otherwise in
                                                  proposed paragraph (b) of Rule 3.22                     and a national market system in                            furtherance of the purposes of the Act.
                                                  would state that the rule would not                     accordance with Section 6(b)(5) of the                     If the Commission takes such action, the
                                                  apply to contracts of employment with                   Act.13                                                     Commission shall institute proceedings
                                                  or to compensation for services                                                                                    to determine whether the proposed rule
                                                                                                          (B) Self-Regulatory Organization’s                         should be approved or disapproved.
                                                  rendered by persons enumerated in
                                                                                                          Statement on Burden on Competition
                                                  paragraph (a) of the Rule, provided that                                                                           IV. Solicitation of Comments
                                                  there is in existence prior to the time of                The Exchange does not believe that
                                                  employment or before the services are                   the proposed rule change would impose                        Interested persons are invited to
                                                  rendered, a written agreement between                   any burden on competition that is not                      submit written data, views and
                                                  the member and the person who is to be                  necessary or appropriate in furtherance                    arguments concerning the foregoing,
                                                  employed to perform such services.                      of the purposes of the Act. The                            including whether the proposal is
                                                  Proposed paragraph (c) would require                    proposed rule change is not designed to                    consistent with the Act. Comments may
                                                  such agreement to include the nature of                 address any competitive issues but                         be submitted by any of the following
                                                  the proposed employment, the amount                     rather to provide greater harmonization                    methods:
                                                  of the proposed compensation, and the                   among Exchange and FINRA rules of                          Electronic Comments
                                                  written consent of such person’s                        similar purpose, resulting in less
                                                                                                                                                                       • Use the Commission’s Internet
                                                  employer or principal.                                  burdensome and more efficient
                                                                                                                                                                     comment form (http://www.sec.gov/
                                                     The Rule would also require each                     regulatory compliance for common
                                                                                                                                                                     rules/sro.shtml); or
                                                  Member to maintain a separate record of                 members and facilitating FINRA’s
                                                                                                                                                                       • Send an email to rule-comments@
                                                  all gifts or gratuities. Like FINRA Rule                performance of its regulatory functions
                                                                                                                                                                     sec.gov. Please include File No. SR–
                                                  3220(c), proposed paragraph (c) of Rule                 under the 17d–2 Agreement.
                                                                                                                                                                     BATS–2015–79 on the subject line.
                                                  3.22 would require a separate record of                 (C) Self-Regulatory Organization’s
                                                  all payments or gratuities in any amount                                                                           Paper Comments
                                                                                                          Statement on Comments on the
                                                  known to the member, the employment                     Proposed Rule Change Received From                            • Send paper comments in triplicate
                                                  agreement referred to in proposed                       Members, Participants or Others                            to Secretary, Securities and Exchange
                                                  paragraph (b) of Rule 3.22 and any                                                                                 Commission, 100 F Street NE.,
                                                  employment compensation paid as a                         The Exchange has neither solicited                       Washington, DC 20549–1090.
                                                  result thereof shall be retained by the                 nor received written comments on the
                                                                                                          proposed rule change.                                      All submissions should refer to File No.
                                                  member for the period specified by                                                                                 SR–BATS–2015–79. This file number
                                                  Exchange Act Rule 17a–4.11                              III. Date of Effectiveness of the                          should be included on the subject line
                                                  2. Statutory Basis                                      Proposed Rule Change and Timing for                        if email is used. To help the
                                                                                                          Commission Action                                          Commission process and review your
                                                     The Exchange believes that proposed                                                                             comments more efficiently, please use
                                                                                                             The Exchange has designated this rule
                                                  rule change is consistent with Section                                                                             only one method. The Commission will
                                                                                                          filing as non-controversial under
                                                  6(b)(5) of the Act,12 which requires,                                                                              post all comments on the Commission’s
                                                                                                          Section 19(b)(3)(A) of the Act 14 and
                                                  among other things, that the Exchange’s                                                                            Internet Web site (http://www.sec.gov/
                                                  rules be designed to prevent fraudulent                 paragraph (f)(6) of Rule 19b–4
                                                                                                          thereunder.15 The proposed rule change                     rules/sro.shtml). Copies of the
                                                  and manipulative acts and practices, to                                                                            submission, all subsequent
                                                  promote just and equitable principles of                effects a change that (A) does not
                                                                                                          significantly affect the protection of                     amendments, all written statements
                                                  trade, to foster cooperation and                                                                                   with respect to the proposed rule
                                                  coordination with persons engaged in                    investors or the public interest; (B) does
                                                                                                          not impose any significant burden on                       change that are filed with the
                                                  facilitating transactions in securities,                                                                           Commission, and all written
                                                  and to remove impediments to and                        competition; and (C) by its terms, does
                                                                                                          not become operative for 30 days after                     communications relating to the
                                                  perfect the mechanism of a free and                                                                                proposed rule change between the
                                                  open market and a national market                       the date of the filing, or such shorter
                                                                                                          time as the Commission may designate                       Commission and any person, other than
                                                    10 See, e.g., FINRA’s interpretative guidance         if consistent with the protection of                       those that may be withheld from the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  concerning business entertainment expenses,             investors and the public interest;                         public in accordance with the
                                                  including a June 24, 1999, Letter to Henry H.           provided that the self-regulatory                          provisions of 5 U.S.C. 552, will be
                                                  Hopkins and Sarah McCafferty, T. Rowe Price             organization has given the Commission                      available for Web site viewing and
                                                  Investment Services, Inc. This interpretative letter                                                               printing in the Commission’s Public
                                                  and other interpretive guidance concerning gifts        written notice of its intent to file the
                                                  and gratuities expenses are currently available at
                                                                                                                                                                     Reference Room, 100 F Street NE.,
                                                  FINRA’s Web site.                                         13 Id.                                                   Washington, DC 20549, on official
                                                    11 17 CFR 240.17a–4.                                    14 15    U.S.C. 78s(b)(3)(A).                            business days between the hours of
                                                    12 15 U.S.C. 78f(b)(5).                                 15 17    CFR 240.19b–4.                                  10:00 a.m. and 3:00 p.m. Copies of such


                                             VerDate Sep<11>2014   17:55 Oct 19, 2015   Jkt 238001   PO 00000   Frm 00136     Fmt 4703      Sfmt 4703   E:\FR\FM\20OCN1.SGM   20OCN1


                                                  63634                            Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices

                                                  filing will also be available for                           Edgefield, Hampton, Laurens,                                                                                    Percent
                                                  inspection and copying at the principal                     McCormick.
                                                  office of the Exchange. All comments                        All other information in the original                         For Economic Injury:
                                                  received will be posted without change;                   declaration remains unchanged.                                    Non-Profit Organizations With-
                                                  the Commission does not edit personal                                                                                         out Credit Available Else-
                                                                                                            (Catalog of Federal Domestic Assistance                             where .....................................     2.625
                                                  identifying information from                              Numbers 59002 and 59008)
                                                  submissions. You should submit only
                                                  information that you wish to make                         Joseph P. Loddo,                                                  The number assigned to this disaster
                                                  available publicly. All submissions                       Acting Associate Administrator for Disaster                     for physical damage is 144995 and for
                                                  should refer to File No. SR–BATS–                         Assistance.                                                     economic injury is 145005.
                                                  2015–79 and should be submitted on or                     [FR Doc. 2015–26536 Filed 10–19–15; 8:45 am]                    (Catalog of Federal Domestic Assistance
                                                  before November 10,2015.                                  BILLING CODE 8025–01–P                                          Numbers 59008)
                                                    For the Commission, by the Division of                                                                                  James E. Rivera,
                                                  Trading and Markets, pursuant to delegated                                                                                Associate Administrator for Disaster
                                                  authority.16
                                                                                                            SMALL BUSINESS ADMINISTRATION
                                                                                                                                                                            Assistance.
                                                  Robert W. Errett,                                         [Disaster Declaration #14499 and #14500]
                                                                                                                                                                            [FR Doc. 2015–26534 Filed 10–19–15; 8:45 am]
                                                  Deputy Secretary.                                                                                                         BILLING CODE 8025–01–P
                                                                                                            California Disaster #CA–00240
                                                  [FR Doc. 2015–26579 Filed 10–19–15; 8:45 am]
                                                  BILLING CODE 8011–01–P                                    AGENCY: U.S. Small Business
                                                                                                            Administration.                                                 SMALL BUSINESS ADMINISTRATION
                                                                                                            ACTION: Notice.
                                                  SMALL BUSINESS ADMINISTRATION                                                                                             [Disaster Declaration #14495 and #14496]
                                                                                                            SUMMARY:    This is a Notice of the
                                                  [Disaster Declaration #14495 and #14496]                  Presidential declaration of a major                             South Carolina Disaster Number SC–
                                                                                                            disaster for Public Assistance Only for                         00031
                                                  South Carolina Disaster Number SC–                        the State of California (FEMA–4240–
                                                  00031                                                     DR), dated 10/08/2015.                                          AGENCY:U.S. Small Business
                                                  AGENCY: U.S. Small Business                                  Incident: Valley Fire and Butte Fire.                        Administration.
                                                  Administration.                                              Incident Period: 09/09/2015 and                              ACTION:     Amendment 4.
                                                                                                            continuing.
                                                  ACTION: Amendment 3.                                         Effective Date: 10/08/2015.                                  SUMMARY:   This is an amendment of the
                                                  SUMMARY:    This is an amendment of the                      Physical Loan Application Deadline                           Presidential declaration of a major
                                                  Presidential declaration of a major                       Date: 12/07/2015.                                               disaster for the State of South Carolina
                                                                                                               Economic Injury (EIDL) Loan                                  (FEMA–4241–DR), dated 10/05/2015.
                                                  disaster for the State of South Carolina
                                                                                                            Application Deadline Date: 07/08/2016.
                                                  (FEMA–4241–DR), dated 10/05/2015.                                                                                           Incident: Severe storms and flooding.
                                                     Incident: Severe Storms and Flooding.                  ADDRESSES: Submit completed loan
                                                                                                            applications to: U.S. Small Business                              Incident Period: 10/01/2015 and
                                                     Incident Period: 10/01/2015 and                                                                                        continuing.
                                                  continuing.                                               Administration, Processing and
                                                                                                            Disbursement Center, 14925 Kingsport                              Effective Date: 10/13/2015.
                                                     Effective Date: 10/09/2015.
                                                     Physical Loan Application Deadline                     Road, Fort Worth, TX 76155.                                       Physical Loan Application Deadline
                                                  Date: 12/04/2015.                                         FOR FURTHER INFORMATION CONTACT: A.                             Date: 12/04/2015.
                                                     EIDL Loan Application Deadline Date:                   Escobar, Office of Disaster Assistance,                           EIDL Loan Application Deadline Date:
                                                  07/05/2016.                                               U.S. Small Business Administration,                             07/05/2016.
                                                  ADDRESSES: Submit completed loan                          409 3rd Street SW., Suite 6050,                                 ADDRESSES:  Submit completed loan
                                                  applications to: U.S. Small Business                      Washington, DC 20416.                                           applications to: U.S. Small Business
                                                  Administration, Processing and                            SUPPLEMENTARY INFORMATION: Notice is                            Administration, Processing And
                                                  Disbursement Center, 14925 Kingsport                      hereby given that as a result of the                            Disbursement Center, 14925 Kingsport
                                                  Road, Fort Worth, TX 76155.                               President’s major disaster declaration on                       Road, Fort Worth, TX 76155.
                                                  FOR FURTHER INFORMATION CONTACT: A.                       10/08/2015, Private Non-Profit
                                                                                                                                                                            FOR FURTHER INFORMATION CONTACT:     A.
                                                  Escobar, Office of Disaster Assistance,                   organizations that provide essential
                                                                                                                                                                            Escobar, Office of Disaster Assistance,
                                                  U.S. Small Business Administration,                       services of governmental nature may file
                                                                                                                                                                            U.S. Small Business Administration,
                                                  409 3rd Street SW., Suite 6050,                           disaster loan applications at the address
                                                                                                                                                                            409 3rd Street SW., Suite 6050,
                                                  Washington, DC 20416.                                     listed above or other locally announced
                                                                                                                                                                            Washington, DC 20416.
                                                                                                            locations.
                                                  SUPPLEMENTARY INFORMATION: The notice                                                                                     SUPPLEMENTARY INFORMATION:     The notice
                                                                                                               The following areas have been
                                                  of the Presidential disaster declaration                  determined to be adversely affected by                          of the Presidential disaster declaration
                                                  for the State of SOUTH CAROLINA,                          the disaster:                                                   for the State of South Carolina, dated
                                                  dated 10/05/2015 is hereby amended to                                                                                     10/05/2015 is hereby amended to
                                                  include the following areas as adversely                  Primary Counties: Calaveras, Lake.
                                                                                                               The Interest Rates are:                                      include the following areas as adversely
                                                  affected by the disaster:                                                                                                 affected by the disaster:
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Primary Counties: (Physical Damage
                                                                                                                                                                Percent        Primary Counties: (Physical Damage
                                                     and Economic Injury Loans):
                                                                                                                                                                            and Economic Injury Loans): Newberry.
                                                     Bamberg, Colleton, Greenwood.                          For Physical Damage:
                                                  Contiguous Counties: (Economic Injury                                                                                        Contiguous Counties: (Economic
                                                                                                              Non-Profit Organizations With
                                                     Loans Only): South Carolina:                                                                                           Injury Loans Only): South Carolina:
                                                                                                                Credit Available Elsewhere ...                      2.625
                                                     Abbeville, Allendale, Beaufort,                          Non-Profit Organizations With-                                Union.
                                                                                                                out Credit Available Else-                                     All other information in the original
                                                    16 17   CFR 200.30–3(a)(12).                                where .....................................         2.625   declaration remains unchanged.


                                             VerDate Sep<11>2014     17:55 Oct 19, 2015   Jkt 238001   PO 00000   Frm 00137     Fmt 4703     Sfmt 4703        E:\FR\FM\20OCN1.SGM     20OCN1



Document Created: 2015-12-14 15:25:56
Document Modified: 2015-12-14 15:25:56
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 63632 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR