81_FR_11914 81 FR 11870 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Exchange Rule 7.21, Obligations of Market Maker Authorized Traders

81 FR 11870 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Exchange Rule 7.21, Obligations of Market Maker Authorized Traders

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 44 (March 7, 2016)

Page Range11870-11872
FR Document2016-04911

Federal Register, Volume 81 Issue 44 (Monday, March 7, 2016)
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Notices]
[Pages 11870-11872]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04911]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77268; File No. SR-NYSEARCA-2016-36]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Exchange 
Rule 7.21, Obligations of Market Maker Authorized Traders

March 1, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on February 22, 2016, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, of which Items I and II have been prepared by the self-
regulatory organization. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Exchange Rule 7.21, Obligations of 
Market Maker Authorized Traders. The proposed rule change is available 
on the Exchange's Web site at www.nyse.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 self-regulatory organization 
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 those 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange recently amended its rules to prescribe the Securities 
Traders examination (Series 57) (the ``Series 57 Examination'') as the 
qualifying examination for employees of ETP Holders (``Member'') 
engaged solely in proprietary trading.\4\ Under current rules, 
Securities Traders and Market Maker Authorized Traders (``MMATs'') 
essentially perform similar functions. In the Series 57 Filing, which, 
among other things, amended Exchange rules regarding the registration 
requirements for Securities Traders, the Exchange also intended to 
amend Rule 7.21 to amend the registration requirements for MMATs but 
inadvertently failed to do so. The Exchange is now proposing to amend 
Rule 7.21 so that the registration requirements applicable to MMATs are 
the same as those imposed on Securities Traders. Specifically, Rule 
7.21(b)(2) states that to be eligible for registration

[[Page 11871]]

as a MMAT, a person must successfully complete the General Securities 
Representative Examination (Series 7) and complete a training and 
certification program sponsored by the Corporation.\5\ The rule further 
provides that the examination requirement may be waived if an applicant 
MMAT has served as a dealer-specialist or market maker on a registered 
national securities exchange for at least two consecutive years within 
three years of the date of the application.\6\ The Exchange does not 
intend to impose different registration requirements on MMATs than are 
required of Securities Traders. In order to satisfy the registration 
requirement, Securities Traders are required to successfully complete 
the Series 57 Examination.\7\ The proposed amendment to Rule 7.21(b) 
would ensure that MMATs would also be required to successfully complete 
the Series 57 Examination in order to satisfy the Exchange's 
registration requirement.
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    \4\ See Securities Exchange Act Release No. 76578 (December 8, 
2015), 80 FR 77068 (December 11, 2015) (SR-NYSEArca-2015-117) 
(``Series 57 Filing'').
    \5\ See Rule 7.21(b).
    \6\ Id.
    \7\ See Rule 2.21.
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    The Exchange intends to announce the implementation date of the 
Series 57 registration requirement in a notice to members to be issued 
no later than 30 days after the effective date of the proposed rule 
change.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Securities Exchange Act of 1934 (``Act''),\8\ in general, 
and furthers the objectives of Section 6(c)(3)(B) \9\ of the Act, 
pursuant to which a national securities exchange prescribes standards 
of training, experience and competence for members and their associated 
persons, and Section 6(b)(5) \10\ of the Act, in particular, in that it 
is designed, among other things, to promote just and equitable 
principles of trade, to remove impediments to, and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. The proposed 
rule change, which would ensure that Securities Traders and MMATs are 
not subject to different registration requirements, is designed to 
maintain consistency in the Exchange's rules, which would promote just 
and equitable principles of trade and remove impediments to a free and 
open market. The Exchange believes that the proposed rule change to 
make the Series 57 Examination the qualifying exam for registration as 
a MMAT is appropriate because the Series 57 Examination addresses 
industry topics that establish the foundation for the regulatory and 
procedural knowledge necessary for MMATs to appropriately register 
under Exchange rules.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(c)(3)(B).
    \10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed rule change does 
not impose any additional examination burdens on persons who are 
already registered. There is no obligation to take the Series 57 
examination in order to continue in their present duties, so the 
proposed rule change is not expected to disadvantage current registered 
persons relative to new entrants in this regard.

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

    No written comments were solicited or received with respect to the 
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposal 
may become operative upon filing. The Exchange has stated that the 
proposed rule change promotes uniformity in registration requirements 
on the Exchange and that waiver of the operative delay would allow the 
Exchange to immediately create consistency in its rules. Waiving the 
operative delay would enable the Exchange to have and enforce the same 
examination requirement for MMATs as for securities traders, which the 
Exchange represents engage in the same activity, therefore the 
Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest. 
Therefore, the Commission hereby waives the thirty-day operative 
delay.\15\
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes of waiving the 30-day operative delay, the 
Commission has considered the proposed rule's impact on efficiency, 
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B)\16\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEARCA-2016-36 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEARCA-2016-36. This 
file number should be included on the subject line if email is used. To 
help the

[[Page 11872]]

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 the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change; the Commission does not edit 
personal identifying information from submissions. You should submit 
only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEARCA-2016-36 and should 
be submitted on or before March 28, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Robert W. Errett,
Deputy Secretary.
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    \17\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2016-04911 Filed 3-4-16; 8:45 am]
BILLING CODE 8011-01-P



                                                    11870                          Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices

                                                    reporting of Manual Order Events.273                    is granting the relief requested in the                  Items I, II, and III below, of which Items
                                                    The Commission believes that it is                      Exemption Request.                                       I and II have been prepared by the self-
                                                    appropriate to provide sufficient                          It is hereby ordered, pursuant to                     regulatory organization. The
                                                    flexibility so as not to preclude the                   Section 36 of the Exchange Act 277 and                   Commission is publishing this notice to
                                                    approach described by the SROs in the                   with respect to the proposed approaches                  solicit comments on the proposed rule
                                                    Exemption Request.                                      specifically described above, that the                   change from interested persons.
                                                       Based on the information provided by                 SROs are exempted from the following
                                                                                                            provisions of Rule 613: (1) for the                      I. Self-Regulatory Organization’s
                                                    the SROs in the Exemption Request, the                                                                           Statement of the Terms of Substance of
                                                    Commission is persuaded to grant                        reporting of options market maker
                                                                                                            quotations, Rule 613(c)(7)(ii) and                       the Proposed Rule Change
                                                    exemptive relief to provide flexibility
                                                                                                            (iv); 278 (2) for the reporting and use of                  The Exchange proposes to amend
                                                    such that the alternative approach to
                                                                                                            the Customer-ID, Rule 613(c)(7)(i)(A),                   Exchange Rule 7.21, Obligations of
                                                    increment time stamps for capturing
                                                                                                            (iv)(F), (viii)(B) and (c)(8); 279 (3) for the           Market Maker Authorized Traders. The
                                                    Manual Order Events described in the
                                                                                                            reporting of the CAT-Reporter-ID with                    proposed rule change is available on the
                                                    Exemption Request can be included in
                                                                                                            respect to broker-dealer CAT Reporters,                  Exchange’s Web site at www.nyse.com,
                                                    the CAT NMS Plan and subject to notice
                                                                                                            Rule 613(c)(7)(i)(C), (ii)(D), (ii)(E),                  at the principal office of the Exchange,
                                                    and comment. The Commission notes
                                                                                                            (iii)(D), (iii)(E), (iv)(F), (v)(F), (vi)(B),            and at the Commission’s Public
                                                    that the time stamp process for Manual
                                                                                                            and (c)(8); 280 (4) for the linking of                   Reference Room.
                                                    Order Events may likely be inherently
                                                                                                            executions to specific subaccount
                                                    imprecise due to the nature of the                                                                               II. Self-Regulatory Organization’s
                                                                                                            allocations, Rule 613(c)(7)(vi)(A); 281
                                                    manual recording process.                                                                                        Statement of the Purpose of, and
                                                                                                            and (5) for time stamp granularity, Rule
                                                       Therefore, the Commission finds that                                                                          Statutory Basis for, the Proposed Rule
                                                                                                            613(c)(7)(i)(E), (ii)(C), (iii)(C), (iv)(C),
                                                    it is appropriate in the public interest                                                                         Change
                                                                                                            and (d)(3).282
                                                    and consistent with the protection of                                                                               In its filing with the Commission, the
                                                                                                              By the Commission.
                                                    investors to exempt the SROs from Rule                                                                           self-regulatory organization included
                                                    613(c)(7)(i)(E), 613(c)(7)(ii)(C),                      Robert W. Errett,
                                                                                                                                                                     statements concerning the purpose of,
                                                    613(c)(7)(iii)(C), 613(c)(7)(iv)(C), and                Deputy Secretary.
                                                                                                                                                                     and basis for, the proposed rule change
                                                    613(d)(3).274 The Commission notes that                 [FR Doc. 2016–04910 Filed 3–4–16; 8:45 am]               and discussed any comments it received
                                                    the proposed approach described in the                  BILLING CODE 8011–01–P                                   on the proposed rule change. The text
                                                    Exemption Request would require that:                                                                            of those statements may be examined at
                                                    (1) Manual Order Events be recorded                                                                              the places specified in Item IV below.
                                                    and reported with granularity to the                    SECURITIES AND EXCHANGE                                  The Exchange has prepared summaries,
                                                    second, with the exception for system                   COMMISSION                                               set forth in sections A, B, and C below,
                                                    outages that prevent a floor broker from                [Release No. 34–77268; File No. SR–                      of the most significant parts of such
                                                    systemizing an order, in which case the                 NYSEARCA–2016–36]                                        statements.
                                                    requirement for recording of the manual
                                                    time stamp will be made within a                        Self-Regulatory Organizations; NYSE                      A. Self-Regulatory Organization’s
                                                    reasonable time frame basis after the                   Arca, Inc.; Notice of Filing and                         Statement of the Purpose of, and the
                                                    fact; (2) Manual Order Events be                        Immediate Effectiveness of Proposed                      Statutory Basis for, the Proposed Rule
                                                    identified as such in the CAT; and (3)                  Rule Change To Amend Exchange                            Change
                                                    the Electronic Capture of Manual Order                  Rule 7.21, Obligations of Market Maker                   1. Purpose
                                                    Events be recorded and reported to the                  Authorized Traders
                                                                                                                                                                        The Exchange recently amended its
                                                    millisecond.275                                         March 1, 2016.                                           rules to prescribe the Securities Traders
                                                    III. Conclusion                                            Pursuant to Section 19(b)(1) 1 of the                 examination (Series 57) (the ‘‘Series 57
                                                                                                            Securities Exchange Act of 1934 (the                     Examination’’) as the qualifying
                                                       Section 36 of the Exchange Act 276                   ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   examination for employees of ETP
                                                    authorizes the Commission, by rule,                     notice is hereby given that, on February                 Holders (‘‘Member’’) engaged solely in
                                                    regulation, or order, to exempt, either                 22, 2016, NYSE Arca, Inc. (the                           proprietary trading.4 Under current
                                                    conditionally or unconditionally, any                   ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with                rules, Securities Traders and Market
                                                    person, security, or transaction, or any                the Securities and Exchange                              Maker Authorized Traders (‘‘MMATs’’)
                                                    class or classes of persons, securities, or             Commission (the ‘‘Commission’’) the                      essentially perform similar functions. In
                                                    transactions, from any provision or                     proposed rule change as described in                     the Series 57 Filing, which, among other
                                                    provisions of the Exchange Act or any                                                                            things, amended Exchange rules
                                                    rule or regulation thereunder, to the                     277 Id.
                                                                                                                                                                     regarding the registration requirements
                                                    extent that such exemption is necessary                    278 17 CFR 242.613(c)(7)(ii); 17 CFR
                                                                                                                                                                     for Securities Traders, the Exchange also
                                                    or appropriate in the public interest,                  242.613(c)(7)(iv).
                                                                                                                                                                     intended to amend Rule 7.21 to amend
                                                                                                               279 17 CFR 242.613(c)(7)(i)(A); 17 CFR
                                                    and is consistent with the protection of                                                                         the registration requirements for
                                                                                                            242.613(c)(7)(iv)(F); 17 CFR 242.613(c)(7)(viii)(B);
                                                    investors. For the reasons discussed                    17 CFR 242.613(c)(8).                                    MMATs but inadvertently failed to do
                                                    throughout this Order, the Commission                      280 17 CFR 242.613(c)(7)(i)(C); 17 CFR                so. The Exchange is now proposing to
                                                                                                            242.613(c)(7)(ii)(D); 17 CFR 242.613(c)(7)(ii)(E); 17    amend Rule 7.21 so that the registration
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                                                       273 17 CFR 242.613(c)(7)(i)(E), (c)(7)(ii)(C),       CFR 242.613(c)(7)(iii)(D); 17 CFR
                                                                                                            242.613(c)(7)(iii)(E); 17 CFR 242.613(c)(7)(iv)(F); 17
                                                                                                                                                                     requirements applicable to MMATs are
                                                    (c)(7)(iii)(C), (c)(7)(iv)(C), and (d)(3).
                                                       274 17 CFR 242.613(c)(7)(i)(E), (c)(7)(ii)(C),       CFR 242.613(c)(7)(v)(F); 17 CFR                          the same as those imposed on Securities
                                                    (c)(7)(iii)(C), (c)(7)(iv)(C), and (d)(3).              242.613(c)(7)(vi)(B); and 17 CFR 242.613(c)(8).          Traders. Specifically, Rule 7.21(b)(2)
                                                       275 See Exemption Request Letter, supra note 5,
                                                                                                               281 17 CFR 242.613(c)(7)(iv)(A).
                                                                                                                                                                     states that to be eligible for registration
                                                                                                               282 17 CFR 242.613(c)(7)(i)(E), (c)(7)(ii)(C),
                                                    at 34 (defining ‘‘Electronic Capture’’ as when a
                                                    Manual Order Event is captured electronically in        (c)(7)(iii)(C), (c)(7)(iv)(C), and (d)(3).                 4 See Securities Exchange Act Release No. 76578
                                                                                                               1 15 U.S.C. 78s(b)(1).
                                                    the relevant order handling and execution system                                                                 (December 8, 2015), 80 FR 77068 (December 11,
                                                    of the CAT Reporter).                                      2 15 U.S.C. 78a.
                                                                                                                                                                     2015) (SR–NYSEArca–2015–117) (‘‘Series 57
                                                       276 15 U.S.C. 78mm.                                     3 17 CFR 240.19b–4.                                   Filing’’).



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                                                                                     Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices                                                      11871

                                                    as a MMAT, a person must successfully                     registration as a MMAT is appropriate                 operative delay so that the proposal may
                                                    complete the General Securities                           because the Series 57 Examination                     become operative upon filing. The
                                                    Representative Examination (Series 7)                     addresses industry topics that establish              Exchange has stated that the proposed
                                                    and complete a training and                               the foundation for the regulatory and                 rule change promotes uniformity in
                                                    certification program sponsored by the                    procedural knowledge necessary for                    registration requirements on the
                                                    Corporation.5 The rule further provides                   MMATs to appropriately register under                 Exchange and that waiver of the
                                                    that the examination requirement may                      Exchange rules.                                       operative delay would allow the
                                                    be waived if an applicant MMAT has                                                                              Exchange to immediately create
                                                                                                              B. Self-Regulatory Organization’s                     consistency in its rules. Waiving the
                                                    served as a dealer-specialist or market
                                                                                                              Statement on Burden on Competition                    operative delay would enable the
                                                    maker on a registered national securities
                                                    exchange for at least two consecutive                       The Exchange does not believe that                  Exchange to have and enforce the same
                                                    years within three years of the date of                   the proposed rule change will impose                  examination requirement for MMATs as
                                                    the application.6 The Exchange does not                   any burden on competition not                         for securities traders, which the
                                                    intend to impose different registration                   necessary or appropriate in furtherance               Exchange represents engage in the same
                                                    requirements on MMATs than are                            of the purposes of the Act. The                       activity, therefore the Commission
                                                    required of Securities Traders. In order                  proposed rule change does not impose                  believes that waiving the 30-day
                                                    to satisfy the registration requirement,                  any additional examination burdens on                 operative delay is consistent with the
                                                    Securities Traders are required to                        persons who are already registered.                   protection of investors and the public
                                                    successfully complete the Series 57                       There is no obligation to take the Series             interest. Therefore, the Commission
                                                    Examination.7 The proposed                                57 examination in order to continue in                hereby waives the thirty-day operative
                                                    amendment to Rule 7.21(b) would                           their present duties, so the proposed                 delay.15
                                                    ensure that MMATs would also be                           rule change is not expected to                           At any time within 60 days of the
                                                    required to successfully complete the                     disadvantage current registered persons               filing of such proposed rule change, the
                                                    Series 57 Examination in order to satisfy                 relative to new entrants in this regard.              Commission summarily may
                                                    the Exchange’s registration requirement.                                                                        temporarily suspend such rule change if
                                                                                                              C. Self-Regulatory Organization’s                     it appears to the Commission that such
                                                      The Exchange intends to announce                        Statement on Comments on the
                                                    the implementation date of the Series 57                                                                        action is necessary or appropriate in the
                                                                                                              Proposed Rule Change Received From                    public interest, for the protection of
                                                    registration requirement in a notice to                   Members, Participants, or Others
                                                    members to be issued no later than 30                                                                           investors, or otherwise in furtherance of
                                                    days after the effective date of the                        No written comments were solicited                  the purposes of the Act. If the
                                                    proposed rule change.                                     or received with respect to the proposed              Commission takes such action, the
                                                                                                              rule change.                                          Commission shall institute proceedings
                                                    2. Statutory Basis                                                                                              under Section 19(b)(2)(B)16 of the Act to
                                                                                                              III. Date of Effectiveness of the                     determine whether the proposed rule
                                                       The Exchange believes that its
                                                                                                              Proposed Rule Change and Timing for                   change should be approved or
                                                    proposal is consistent with Section 6(b)
                                                                                                              Commission Action                                     disapproved.
                                                    of the Securities Exchange Act of 1934
                                                    (‘‘Act’’),8 in general, and furthers the                     The Exchange has filed the proposed
                                                                                                                                                                    IV. Solicitation of Comments
                                                    objectives of Section 6(c)(3)(B) 9 of the                 rule change pursuant to Section
                                                    Act, pursuant to which a national                         19(b)(3)(A)(iii) of the Act 11 and Rule                 Interested persons are invited to
                                                    securities exchange prescribes standards                  19b–4(f)(6) thereunder.12 Because the                 submit written data, views, and
                                                    of training, experience and competence                    proposed rule change does not: (i)                    arguments concerning the foregoing,
                                                    for members and their associated                          Significantly affect the protection of                including whether the proposed rule
                                                    persons, and Section 6(b)(5) 10 of the                    investors or the public interest; (ii)                change is consistent with the Act.
                                                    Act, in particular, in that it is designed,               impose any significant burden on                      Comments may be submitted by any of
                                                    among other things, to promote just and                   competition; and (iii) become operative               the following methods:
                                                    equitable principles of trade, to remove                  prior to 30 days from the date on which               Electronic Comments
                                                    impediments to, and perfect the                           it was filed, or such shorter time as the
                                                                                                                                                                       • Use the Commission’s Internet
                                                    mechanism of a free and open market                       Commission may designate, if
                                                                                                                                                                    comment form (http://www.sec.gov/
                                                    and a national market system, and, in                     consistent with the protection of
                                                                                                                                                                    rules/sro.shtml); or
                                                    general, to protect investors and the                     investors and the public interest, the
                                                                                                                                                                       • Send an email to rule-comments@
                                                    public interest. The proposed rule                        proposed rule change has become
                                                                                                                                                                    sec.gov. Please include File Number SR–
                                                    change, which would ensure that                           effective pursuant to Section 19(b)(3)(A)
                                                                                                                                                                    NYSEARCA–2016–36 on the subject
                                                    Securities Traders and MMATs are not                      of the Act and Rule 19b–4(f)(6)(iii)
                                                                                                                                                                    line.
                                                    subject to different registration                         thereunder.
                                                    requirements, is designed to maintain                        A proposed rule change filed under                 Paper Comments
                                                    consistency in the Exchange’s rules,                      Rule 19b–4(f)(6) 13 normally does not                    • Send paper comments in triplicate
                                                    which would promote just and equitable                    become operative prior to 30 days after               to Brent J. Fields, Secretary, Securities
                                                    principles of trade and remove                            the date of the filing. However, pursuant             and Exchange Commission, 100 F Street
                                                    impediments to a free and open market.                    to Rule 19b–4(f)(6)(iii),14 the                       NE., Washington, DC 20549–1090.
                                                    The Exchange believes that the                            Commission may designate a shorter                    All submissions should refer to File
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                                                    proposed rule change to make the Series                   time if such action is consistent with the            Number SR–NYSEARCA–2016–36. This
                                                    57 Examination the qualifying exam for                    protection of investors and the public                file number should be included on the
                                                                                                              interest. The Exchange has asked the                  subject line if email is used. To help the
                                                      5 See   Rule 7.21(b).                                   Commission to waive the 30-day
                                                      6 Id.
                                                                                                                                                                      15 For purposes of waiving the 30-day operative
                                                      7 See Rule 2.21.                                          11 15 U.S.C. 78s(b)(3)(A)(iii).                     delay, the Commission has considered the proposed
                                                      8 15 U.S.C. 78f(b).                                       12 17 CFR 240.19b-4(f)(6).                          rule’s impact on efficiency, competition, and capital
                                                      9 15 U.S.C. 78f(c)(3)(B).                                 13 17 CFR 240.19b–4(f)(6).                          formation. See 15 U.S.C. 78c(f).
                                                      10 15 U.S.C. 78f(b)(5).                                   14 17 CFR 240.19b–4(f)(6)(iii).                       16 15 U.S.C. 78s(b)(2)(B).




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                                                    11872                          Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices

                                                    Commission process and review your                      members accessing the Exchange. The                   SECURITIES AND EXCHANGE
                                                    comments more efficiently, please use                   proposed rule change was published for                COMMISSION
                                                    only one method. The Commission will                    comment in the Federal Register on                    [Release No. 34–77256; File No. SR–BATS–
                                                    post all comments on the Commission’s                   February 5, 2016.3 The Commission                     2016–23]
                                                    Internet Web site (http://www.sec.gov/                  received no comment letters on the
                                                    rules/sro.shtml). Copies of the                         proposal. On February 26, 2016, the                   Self-Regulatory Organizations; Bats
                                                    submission, all subsequent                              Exchange withdrew the proposed rule                   BZX Exchange, Inc.; Notice of Filing
                                                    amendments, all written statements                      change.                                               and Immediate Effectiveness of a
                                                    with respect to the proposed rule                                                                             Proposed Rule Change Related to Fees
                                                    change that are filed with the                            For the Commission, by the Division of
                                                                                                                                                                  as They Apply to the Equity Options
                                                    Commission, and all written                             Trading and Markets, pursuant to delegated
                                                                                                                                                                  Platform
                                                    communications relating to the                          authority.4
                                                    proposed rule change between the                        Robert W. Errett,                                     March 1, 2016.
                                                    Commission and any person, other than                   Deputy Secretary.                                        Pursuant to Section 19(b)(1) of the
                                                    those that may be withheld from the                     [FR Doc. 2016–04908 Filed 3–4–16; 8:45 am]
                                                                                                                                                                  Securities Exchange Act of 1934 (the
                                                    public in accordance with the                                                                                 ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                            BILLING CODE 8011–01–P
                                                    provisions of 5 U.S.C. 552, will be                                                                           notice is hereby given that on February
                                                    available for Web site viewing and                                                                            24, 2015, Bats BZX Exchange, Inc. (the
                                                    printing in the Commission’s Public                     SECURITIES AND EXCHANGE                               ‘‘Exchange’’ or ‘‘BZX’’) (f/k/a BATS
                                                    Reference Room, 100 F Street NE.,                                                                             Exchange, Inc.) filed with the Securities
                                                                                                            COMMISSION
                                                    Washington, DC 20549 on official                                                                              and Exchange Commission
                                                    business days between the hours of                                                                            (‘‘Commission’’) the proposed rule
                                                    10:00 a.m. and 3:00 p.m. Copies of the                  [Release No. 34–77267; File No. SR–                   change as described in Items I, II and III
                                                    filing also will be available for                       NASDAQ–2016–005]                                      below, which Items have been prepared
                                                    inspection and copying at the principal                                                                       by the Exchange. The Exchange has
                                                    office of the Exchange. All comments                    Self-Regulatory Organizations; The                    designated the proposed rule change as
                                                    received will be posted without change;                 Nasdaq Stock Market LLC; Notice of                    one establishing or changing a member
                                                    the Commission does not edit personal                   Withdrawal of Proposed Rule Change                    due, fee, or other charge imposed by the
                                                    identifying information from                            To Adopt Limit Order Protection and                   Exchange under Section 19(b)(3)(A)(ii)
                                                    submissions. You should submit only                     Market Order Protection                               of the Act 3 and Rule 19b–4(f)(2)
                                                    information that you wish to make                       March 1, 2016.
                                                                                                                                                                  thereunder,4 which renders the
                                                    available publicly. All submissions                                                                           proposed rule change effective upon
                                                    should refer to File Number SR–                            On January 12, 2016, The Nasdaq                    filing with the Commission. The
                                                    NYSEARCA–2016–36 and should be                          Stock Market LLC (the ‘‘Exchange’’)                   Commission is publishing this notice to
                                                    submitted on or before March 28, 2016.                  filed with the Securities and Exchange                solicit comments on the proposed rule
                                                      For the Commission, by the Division of                Commission (the ‘‘Commission’’),                      change from interested persons.
                                                    Trading and Markets, pursuant to delegated              pursuant to Section 19(b)(1) of the
                                                                                                                                                                  I. Self-Regulatory Organization’s
                                                    authority.17                                            Securities Exchange Act of 1934 1 and                 Statement of the Terms of Substance of
                                                    Robert W. Errett,                                       Rule 19b–4 thereunder,2 a proposed rule               the Proposed Rule Change
                                                    Deputy Secretary.                                       change to adopt a Limit Order
                                                    [FR Doc. 2016–04911 Filed 3–4–16; 8:45 am]              Protection and a Market Order                            The Exchange filed a proposal to
                                                                                                            Protection feature for members                        amend the fee schedule applicable to
                                                    BILLING CODE 8011–01–P
                                                                                                            accessing the Exchange. The proposed                  Members 5 and non-members of the
                                                                                                                                                                  Exchange pursuant to Exchange Rules
                                                                                                            rule change was published for comment
                                                    SECURITIES AND EXCHANGE                                                                                       15.1(a) and (c) (‘‘Fee Schedule’’).
                                                                                                            in the Federal Register on January 27,                   The text of the proposed rule change
                                                    COMMISSION                                              2016.3 The Commission received no                     is available at the Exchange’s Web site
                                                    [Release No. 34–77266; File No. SR–BX–                  comment letters on the proposal. On                   at www.batstrading.com, at the
                                                    2016–008]                                               February 26, 2016, the Exchange                       principal office of the Exchange, and at
                                                                                                            withdrew the proposed rule change.                    the Commission’s Public Reference
                                                    Self-Regulatory Organizations;
                                                                                                              For the Commission, by the Division of              Room.
                                                    NASDAQ OMX BX, Inc.; Notice of
                                                    Withdrawal of Proposed Rule Change                      Trading and Markets, pursuant to delegated            II. Self-Regulatory Organization’s
                                                    To Adopt Limit Order Protection and                     authority.4                                           Statement of the Purpose of, and
                                                    Market Order Protection                                 Robert W. Errett,                                     Statutory Basis for, the Proposed Rule
                                                                                                            Deputy Secretary.                                     Change
                                                    March 1, 2016.
                                                                                                            [FR Doc. 2016–04909 Filed 3–4–16; 8:45 am]               In its filing with the Commission, the
                                                       On January 21, 2016, NASDAQ OMX
                                                    BX, Inc. (the ‘‘Exchange’’) filed with the              BILLING CODE 8011–01–P                                Exchange included statements
                                                    Securities and Exchange Commission                                                                            concerning the purpose of and basis for
                                                    (the ‘‘Commission’’), pursuant to                                                                             the proposed rule change and discussed
                                                                                                                                                                  any comments it received on the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Section 19(b)(1) of the Securities
                                                    Exchange Act of 1934 1 and Rule 19b–                       3 See Securities Exchange Act Release No. 77006
                                                                                                                                                                    1 15 U.S.C. 78s(b)(1).
                                                    4 thereunder,2 a proposed rule change                   (February 1, 2016), 81 FR 6308.
                                                                                                                                                                    2 17 CFR 240.19b–4.
                                                    to adopt a Limit Order Protection and a                    4 17 CFR 200.30–3(a)(12).
                                                                                                                                                                    3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                    Market Order Protection feature for                        1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                    4 17 CFR 240.19b–4(f)(2).
                                                                                                               2 17 CFR 240.19b–4.
                                                                                                                                                                    5 The term ‘‘Member’’ is defined as ‘‘any
                                                      17 17                                                    3 See Securities Exchange Act Release No. 76956
                                                            CFR 200.30–3(a)(12).                                                                                  registered broker or dealer that has been admitted
                                                      1 15 U.S.C. 78s(b)(1).                                (January 21, 2016), 81 FR 4684.                       to membership in the Exchange.’’ See Exchange
                                                      2 17 CFR 240.19b–4.                                      4 17 CFR 200.30–3(a)(12).                          Rule 1.5(n).



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Document Created: 2018-02-02 15:07:44
Document Modified: 2018-02-02 15:07:44
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 Citation81 FR 11870 

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