81_FR_24226 81 FR 24147 - Sunshine Act Meeting

81 FR 24147 - Sunshine Act Meeting

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 79 (April 25, 2016)

Page Range24147-24148
FR Document2016-09714

Federal Register, Volume 81 Issue 79 (Monday, April 25, 2016)
[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Pages 24147-24148]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09714]


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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold a Closed Meeting on Thursday, April 
28, 2016 at 1:00 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the Closed Meeting. 
Certain

[[Page 24148]]

staff members who have an interest in the matters also may be present.
    The General Counsel of the Commission, or her designee, has 
certified that, in her opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the 
scheduled matter at the Closed Meeting.
    Commissioner Piwowar, as duty officer, voted to consider the items 
listed for the Closed Meeting in closed session.
    The subject matter of the Closed Meeting will be:

Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings; and
Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.

    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact the Office of the 
Secretary at (202) 551-5400.

    Dated: April 21, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-09714 Filed 4-21-16; 4:15 pm]
BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Notices                                                  24147

                                                    and partners doing business with OPIC.                  established by the Commission under 39                  Availability of documents. Pursuant
                                                    It is used to collect data and suggestions              U.S.C. 3622.1                                         to rule 3017.3(b), the Commission
                                                    to improve customer services to provide                   Pursuant to section 407(c)(1) and 39                directs the Secretary of the Commission
                                                    debt financing, insurance and                           CFR part 3017, the Commission                         to arrange for the prompt posting on the
                                                    investment funds for overseas                           establishes Docket No. IM2016–1 for the               Commission’s Web site of the
                                                    businesses. OPIC’s mandate is to                        purpose of developing its views on                    correspondence identified in this Order.
                                                    catalyze private capital for sustainable                matters referred to in State’s Request.               The Commission will post other
                                                    economic development, to advance U.S.                                                                         documents in this docket when the
                                                    foreign policy and development goals                    II. Initial Commission Action                         Commission determines such other
                                                    abroad.                                                    Establishment of docket. Part 3017 of              documents are applicable and able to be
                                                      Dated: April 20, 2016.                                title 39 of the Code of Federal                       made publicly available.
                                                    Nichole Skoyles,                                        Regulations codifies procedures related                 Federal Register publication. Rule
                                                                                                            to the development of the Commission’s                3017.3(c) requires publication in the
                                                    Administrative Counsel, Department of Legal
                                                    Affairs.                                                section 407 views.2 Pursuant to rules                 Federal Register of the notice
                                                                                                            3017.3(a), the Commission establishes                 establishing a docket authorized under
                                                    [FR Doc. 2016–09541 Filed 4–22–16; 8:45 am]
                                                                                                            this docket to ‘‘solicit comments on the              part 3017. 39 CFR 3017.3(c). Pursuant to
                                                    BILLING CODE 3210–01–P
                                                                                                            general principles that should guide the              this rule, the Commission directs the
                                                                                                            Commission’s development of views on                  Secretary of the Commission to arrange
                                                                                                            relevant proposals, in a general way,                 for prompt publication of this Order in
                                                                                                            and on specific relevant proposals, if the            the Federal Register.
                                                    POSTAL REGULATORY COMMISSION
                                                                                                            Commission is able to make these                      III. Ordering Paragraphs
                                                                                                            available.’’ 39 CFR 3017.3(a).
                                                    [Docket No. IM2016–1; Order No. 3253]                      Comments. Rule 3017.4(a) provides                    It is ordered:
                                                                                                            that the Commission ‘‘shall establish a                 1. The Commission establishes Docket
                                                    Section 407 Proceeding                                                                                        No. IM2016–1 for purposes related to
                                                                                                            deadline for comments upon
                                                    AGENCY:    Postal Regulatory Commission.                establishment of the docket that is                   the development of section 407(c)(1)
                                                                                                            consistent with timely submission of the              views and invites public comments
                                                    ACTION:   Notice.                                                                                             related to this effort, as described in the
                                                                                                            Commission’s views to the Secretary of
                                                                                                            State.’’ 39 CFR 3017.4 (a). The Secretary             body of this Order.
                                                    SUMMARY:  The Commission is noticing a                                                                          2. Comments are due no later than
                                                    proceeding to consider whether                          of State has requested that the
                                                                                                            Commission submit its views by August                 July 21, 2016.
                                                    proposals of the 26th Congress of the                                                                           3. Pursuant to 39 U.S.C. 505, Kenneth
                                                    Universal Postal Union are consistent                   21, 2016. State’s Request at 1. To ensure
                                                                                                            timely submission of the Commission’s                 E. Richardson is appointed to serve as
                                                    with the modern rate regulation                                                                               an officer of the Commission (Public
                                                    standards of 39 U.S.C. 3622. This notice                views to the Department of State, the
                                                                                                            Commission establishes July 21, 2016,                 Representative) to represent the
                                                    informs the public of the filing, invites                                                                     interests of the general public in this
                                                    public comment, and takes other                         as the deadline for submission of
                                                                                                            comments on the principles that should                docket.
                                                    administrative steps.                                                                                           4. The Secretary is directed to post the
                                                                                                            guide development of its views, as well
                                                    DATES:   Comments are due: July 21,                     as those on the consistency of proposals              correspondence referred to in this Order
                                                    2016.                                                   subject to subchapter I of chapter 36                 on the Commission’s Web site, along
                                                                                                            with the standards and criteria of 39                 with other documents the Commission
                                                    ADDRESSES:   Submit comments                                                                                  may determine should be made publicly
                                                    electronically via the Commission’s                     U.S.C. 3622. Comments are to be
                                                                                                            submitted in the above captioned docket               available.
                                                    Filing Online system at http://                                                                                 5. The Secretary shall arrange for
                                                    www.prc.gov. Those who cannot submit                    via the Commission’s Web site at http://
                                                                                                            www.prc.gov unless a request for waiver               publication of this order in the Federal
                                                    comments electronically should contact                                                                        Register.
                                                    the person identified in the FOR FURTHER                is approved. For assistance with filing,
                                                    INFORMATION CONTACT section by
                                                                                                            contact the Commission’s docket section                 By the Commission.
                                                    telephone for advice on filing                          at 202–789–6846 or dockets@prc.gov.                   Stacy L. Ruble,
                                                    alternatives.                                              Public Representative. Section 505 of              Secretary.
                                                                                                            title 39 requires the designation of an               [FR Doc. 2016–09511 Filed 4–22–16; 8:45 am]
                                                    FOR FURTHER INFORMATION CONTACT:                        officer of the Commission (public                     BILLING CODE 7710–FW–P
                                                    David A. Trissell, General Counsel, at                  representative) to represent the interests
                                                    202–789–6820.                                           of the general public in all public
                                                    SUPPLEMENTARY INFORMATION:                              proceedings. The Commission
                                                                                                            designates Kenneth E. Richardson as                   SECURITIES AND EXCHANGE
                                                    Table of Contents                                       Public Representative in this                         COMMISSION
                                                                                                            proceeding.                                           Sunshine Act Meeting
                                                    I. Introduction
                                                    II. Initial Commission Action
                                                    III. Ordering Paragraphs
                                                                                                              1 See Letter from Nerissa J. Cook, Deputy             Notice is hereby given, pursuant to
                                                                                                            Assistant Secretary, U.S. Department of State,        the provisions of the Government in the
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                                                                                                            Bureau of International Organization Affairs, on      Sunshine Act, Public Law 94–409, that
                                                    I. Introduction                                         behalf of the Secretary of State, April 1, 2016
                                                                                                            (State’s Request). See also Letter from Acting        the Securities and Exchange
                                                      On April 1, 2016, the Secretary of                    Chairman Robert G. Taub, on behalf of the             Commission will hold a Closed Meeting
                                                    State requested the Commission’s views                  Commission, April 14, 2016.                           on Thursday, April 28, 2016 at 1:00 p.m.
                                                    on whether certain proposals for the                      2 See Docket No. RM2015–14, Order No. 2960,
                                                                                                                                                                    Commissioners, Counsel to the
                                                    26th Congress of the Universal Postal                   Order Adopting Final Rules on Procedures Related
                                                                                                            to Commission Views, December 30, 2015. See also
                                                                                                                                                                  Commissioners, the Secretary to the
                                                    Union are consistent with the standards                 81 FR 869 (January 8, 2016). The rules in part 3017   Commission, and recording secretaries
                                                    and criteria for modern rate regulation                 took effect on February 8, 2016.                      will attend the Closed Meeting. Certain


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                                                    24148                             Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Notices

                                                    staff members who have an interest in                      I. Self-Regulatory Organization’s                     leases and ‘‘A-B-C Agreements’’ relating
                                                    the matters also may be present.                           Statement of the Terms of Substance of                to memberships and ‘‘ETP Use
                                                       The General Counsel of the                              the Proposed Rule Change                              Agreements.’’ 4 As a result of
                                                    Commission, or her designee, has                              The Exchange proposes to delete Rule               demutualization, the Exchange moved
                                                    certified that, in her opinion, one or                     971, entitled ‘‘Termination of                        from a seat-based model of membership,
                                                    more of the exemptions set forth in 5                      Memberships and Equity Trading                        under which memberships were limited
                                                    U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)                 Permits and Leases and A-B-C                          in number, to a model under which
                                                    and 17 CFR 200.402(a)(3), (5), (7), 9(ii)                  Agreements Relating to Memberships                    status as a member organization and
                                                    and (10), permit consideration of the                      and ETP Use Agreements,’’ to delete                   associated trading privileges were
                                                    scheduled matter at the Closed Meeting.                    Rule 972, entitled ‘‘Continuation of                  available to any broker-dealer qualified
                                                       Commissioner Piwowar, as duty                           Status After the NASDAQ OMX                           under the Exchange’s rules. To assist in
                                                    officer, voted to consider the items                       Merger,’’ and to make conforming                      the effectuation of this change, Rule 971
                                                    listed for the Closed Meeting in closed                    changes to other rules. The text of the               made it clear that all rights existing
                                                    session.                                                   proposed rule change is available on the              under the former model were being
                                                       The subject matter of the Closed                        Exchange’s Web site at http://                        terminated. Since the rule fully
                                                    Meeting will be:                                           www.nasdaqtrader.com/                                 achieved its purpose at the time of
                                                                                                               micro.aspx?id=PHLXRulefilings, at the                 demutualization 2004, the Exchange
                                                    Institution and settlement of injunctive                                                                         believes that maintaining the rule in the
                                                       actions;                                                principal office of the Exchange, and at
                                                                                                               the Commission’s Public Reference                     Exchange’s rulebook is no longer
                                                    Institution and settlement of                                                                                    necessary.
                                                       administrative proceedings; and                         Room.
                                                                                                                                                                        Rule 972 pertains to the merger in
                                                    Other matters relating to enforcement                      II. Self-Regulatory Organization’s                    2008 through which The NASDAQ
                                                       proceedings.                                            Statement of the Purpose of, and                      OMX Group, Inc. (since, renamed
                                                       At times, changes in Commission                         Statutory Basis for, the Proposed Rule                Nasdaq, Inc.) acquired ownership of the
                                                    priorities require alterations in the                      Change                                                Exchange. The rule provides that the
                                                    scheduling of meeting items.                                  In its filing with the Commission, the             status of members, inactive nominees,
                                                       For further information and to                          Exchange included statements                          and member organizations under
                                                    ascertain what, if any, matters have been                  concerning the purpose of and basis for               Exchange rules would not be affected by
                                                    added, deleted or postponed, please                        the proposed rule change and discussed                the acquisition, and that likewise any
                                                    contact the Office of the Secretary at                     any comments it received on the                       existing suspension would not be
                                                    (202) 551–5400.                                            proposed rule change. The text of these               affected. Since the rule fully achieved
                                                                                                               statements may be examined at the                     its purpose at the time of the acquisition
                                                      Dated: April 21, 2016.                                                                                         of the Exchange in 2008, the Exchange
                                                                                                               places specified in Item IV below. The
                                                    Brent J. Fields,                                                                                                 believes that maintaining the rule in the
                                                                                                               Exchange has prepared summaries, set
                                                    Secretary.                                                 forth in sections A, B, and C below, of               Exchange’s rulebook is no longer
                                                    [FR Doc. 2016–09714 Filed 4–21–16; 4:15 pm]                the most significant aspects of such                  necessary.
                                                    BILLING CODE 8011–01–P                                     statements.                                              The Exchange is also amending Rules
                                                                                                                                                                     908 (‘‘Rights and Privileges of A–1
                                                                                                               A. Self-Regulatory Organization’s                     Permits’’) and 3202 (‘‘Application of
                                                    SECURITIES AND EXCHANGE                                    Statement of the Purpose of, and                      Other Rules of the Exchange’’) to
                                                    COMMISSION                                                 Statutory Basis for, the Proposed Rule                remove references to Rule 972, and
                                                                                                               Change                                                amending Rule 900 (‘‘Administration of
                                                    [Release No. 34–77650; File No. SR–Phlx–                   1. Purpose                                            Rules by Membership Department’’) to
                                                    2016–49]                                                                                                         remove references to Rules 971 and 972.
                                                                                                                  The Exchange proposes to delete
                                                                                                               certain Phlx rules in order to remove                 2. Statutory Basis
                                                    Self-Regulatory Organizations;
                                                    NASDAQ PHLX LLC; Notice of Filing                          outdated material from the Exchange’s                    The Exchange believes that its
                                                    and Immediate Effectiveness of                             Rulebook. Specifically, the Exchange                  proposal is consistent with Section 6(b)
                                                    Proposed Rule Change To Delete                             proposes to delete Rule 971, entitled                 of the Act,5 in general, and furthers the
                                                    Obsolete Rules                                             ‘‘Termination of Memberships and                      objectives of Section 6(b)(5) of the Act,6
                                                                                                               Equity Trading Permits and Leases and                 in particular, in that it is designed to
                                                    April 19, 2016.                                            A-B-C Agreements Relating to                          prevent fraudulent and manipulative
                                                       Pursuant to Section 19(b)(1) of the                     Memberships and ETP Use                               acts and practices, to promote just and
                                                    Securities Exchange Act of 1934                            Agreements’’; and Rule 972, entitled                  equitable principles of trade, to foster
                                                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    ‘‘Continuation of Status After the                    cooperation and coordination with
                                                    notice is hereby given that on April 8,                    NASDAQ OMX Merger.’’ The Exchange                     persons engaged in facilitating
                                                    2016, NASDAQ PHLX LLC (‘‘Phlx’’ or                         also proposes to make conforming                      transactions in securities, to remove
                                                    ‘‘Exchange’’) filed with the Securities                    changes to rules that reference the rules             impediments to and perfect the
                                                    and Exchange Commission (‘‘SEC’’ or                        that are being deleted.
                                                    ‘‘Commission’’) the proposed rule                             Rule 971 pertained to the                             4 Leases reflected the ownership interest of a

                                                    change as described in Items I, II, and                    demutualization of the Exchange in                    member in the exchange prior to demutualization.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    III, below, which Items have been                          2004. As provided in the rule,                        A-B-C Agreements allowed a member of the
                                                                                                               demutualization resulted in the                       exchange, a natural person associated with the
                                                    prepared by the Exchange. The                                                                                    broker-dealer, to contribute the use of the
                                                    Commission is publishing this notice to                    termination of memberships and equity                 membership to the broker-dealer with which he or
                                                    solicit comments on the proposed rule                      trading permits (‘‘ETP’’),3 as well as                she was associated. Similarly, ETP Use Agreements
                                                                                                                                                                     allowed an individual ETP holder to contribute its
                                                    change from interested persons.                              3 ETPs were rights created by the rules of the      use to the broker-dealer with which he or she was
                                                                                                               Exchange that provided the ability to transact cash   associated.
                                                      1 15   U.S.C. 78s(b)(1).                                                                                          5 15 U.S.C. 78f(b).
                                                                                                               equities through the exchange but without having
                                                      2 17   CFR 240.19b–4.                                    the ownership rights associated with membership.         6 15 U.S.C. 78f(b)(5).




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Document Created: 2016-04-23 01:38:50
Document Modified: 2016-04-23 01:38:50
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 24147 

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