81 FR 34401 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 6.43 Regarding Definition of Floor Broker
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 104 (May 31, 2016)
Federal Register Volume 81, Issue 104 (May 31, 2016)
| Page Range | 34401-34403 | |
| FR Document | 2016-12671 |
[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)] [Notices] [Pages 34401-34403] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12671] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-77897; File No. SR-NYSEArca-2016-73] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 6.43 Regarding Definition of Floor Broker May 24, 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 May 17, 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 and II below, which Items 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. --------------------------------------------------------------------------- \1\ 15 U.S.C.78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change The Exchange proposes to amend Rule 6.43 (Options Floor Broker Defined). 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 Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend Rule 6.43 to update the definition of Floor Broker.\4\ The proposed rule change would harmonize the Floor Broker definition with the recently updated rule of another competing options exchange--specifically NASDAQ OMX PHLX LLC (``PHLX'').\5\ --------------------------------------------------------------------------- \4\ The Exchange notes that, other than changes to the format or terms used in the rule, the definition of Floor Broker has remained unchanged since 2001. See Securities Exchange Act Release No. 44790 (September 13, 2001) 66 FR 48502 (September 20, 2001) (SR-PCX-2001- 26) (relating to accepting orders from Professional Customers). \5\ See Securities Exchange Act Release No. 76800 (December 30, 2015), 81 FR 549, (January 6, 2016) (SR-Phlx-2015-114) (adopting updated definition of Floor Broker in PHLX Rule 1060 on immediately effective basis). --------------------------------------------------------------------------- Rule 6.43(a) defines a Floor Broker as ``an individual (either an OTP Holder or OTP Firm or a nominee of an OTP Holder or OTP Firm) who is registered with the Exchange for the purpose, while on the Exchange Floor, of accepting and executing option orders received from OTP Holders and OTP Firms [each an ``OTP''].'' The Rule further provides that ``[a] Floor Broker shall not accept an order from any other source unless he has registered his individual for an [OTP] approved to transact business with the public in accordance with Rule 9, in which event he may accept orders for public customers of the [OTP].'' The Exchange notes that Floor Brokers, as registered Broker/ Dealers\6\, have long handled orders from Broker/Dealers who may not be OTPs. In addition, Floor Brokers may accept orders from non-Broker/ Dealers (i.e., public customers).\7\ Thus, the Exchange proposes to clarify Rule 6.43(a) by removing the language regarding the types of market participants from whom a Floor Broker may accept an order.\8\ The updated rule would provide that a [[Page 34402]] Floor Broker is an individual who is registered with the Exchange for the purpose, while on the Options Floor, of accepting and handling options orders.\9\ Further, as proposed, a Floor Broker may accept orders from OTPs, Broker Dealers that are non-OTPs, Professional Customers, pursuant to Rule 6.43(b), as well as from public customers provided the Floor Broker is properly qualified to do business with the public.\10\ --------------------------------------------------------------------------- \6\ See Rule 6.43(a). \7\ To handle the orders of public customers, Floor Brokers must be properly qualified to do business with the public, per Rule 9 (Conducting Business With The Public), generally, and Rule 9.18 (Doing a Public Business in Options), specifically. \8\ See proposed Rule 6.43(a). This practice is consistent with the rules of other exchanges. See, e.g., supra n. 5 (PHLX Rule 1060) and CBOE Rule 6.70 (permitting CBOE Floor Brokers to accept orders from non-member broker-dealers). \9\ Consistent with the proposed changes to Rule 6.43(a), the Exchange proposes to delete the cross reference to this section from Rule 6.43(b)(1). See proposed Rule 6.43(b)(1). \10\ See supra n. 7. --------------------------------------------------------------------------- This proposed rule change would reflect current practice on the Exchange, specifically that a Floor Broker may accept orders from Broker Dealers that are not OTPs. The proposed modification would not alter a Floor Broker's responsibilities. Further, the proposal would have no impact on a Floor Broker's ability to accept orders from the public.\11\ --------------------------------------------------------------------------- \11\ See id. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that the proposed change is consistent with Section 6(b) of the Act,\12\ in general, and furthers the objectives of Section 6(b)(5),\13\ in particular, in that it is designed to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitation transactions in securities, to remove impediments to, and perfect the mechanism of a free and open market and, in general, to protect investors and the public interest. --------------------------------------------------------------------------- \12\ 15 U.S.C. 78f(b). \13\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- Specifically, the Exchange believes that the proposal is designed to remove language that could be interpreted as a limitation on orders that may be accepted by Floor Brokers to reflect current practice on the Exchange, which would promote just and equitable principles of trade, and remove impediments to, and perfect the mechanism of a free and open market. The proposed change would make clear to market participants that a Floor Broker may accept an order from a non-OTP that is a Broker Dealer, which adds clarity and transparency to Exchange rules to the benefit of all market participants. Thus, the Exchange believes that the proposal would help prevent confusion and help ensure that floor brokerage services are widely available to various types of market participants, which should, in turn, promote just and equitable principles of trade. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that this proposed rule change would impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. With respect to inter-market competition, the proposed rule change is a competitive change that is substantially similar to rules in place at another competing options exchange.\14\ With respect to intra-market competition, the proposal applies to all NYSE Arca Floor Brokers. --------------------------------------------------------------------------- \14\ See supra n. 5. --------------------------------------------------------------------------- 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 \15\ and Rule 19b-4(f)(6) thereunder.\16\ 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) thereunder.\17\ --------------------------------------------------------------------------- \15\ 15 U.S.C. 78s(b)(3)(A)(iii). \16\ 17 CFR 240.19b-4(f)(6). \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. --------------------------------------------------------------------------- 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) \18\ of the Act to determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \18\ 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 CommentsUse 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-2016-73 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2016-73. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such 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-2016-73, and should be submitted on or before June 21, 2016. [[Page 34403]] For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\19\ --------------------------------------------------------------------------- \19\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2016-12671 Filed 5-27-16; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Notices 34401
of the Act 19 and paragraph (f) of Rule submissions. You should submit only the places specified in Item IV below.
19b–4 thereunder.20 At any time within information that you wish to make The Exchange has prepared summaries,
60 days of the filing of the proposed rule available publicly. All submissions set forth in sections A, B, and C below,
change, the Commission summarily may should refer to File No. SR–BatsEDGA– of the most significant parts of such
temporarily suspend such rule change if 2016–09, and should be submitted on or statements.
it appears to the Commission that such before June 21, 2016.
A. Self-Regulatory Organization’s
action is necessary or appropriate in the For the Commission, by the Division of Statement of the Purpose of, and
public interest, for the protection of Trading and Markets, pursuant to delegated Statutory Basis for, the Proposed Rule
investors, or otherwise in furtherance of authority.21
Change
the purposes of the Act. Robert W. Errett,
Deputy Secretary. 1. Purpose
IV. Solicitation of Comments
[FR Doc. 2016–12666 Filed 5–27–16; 8:45 am] The Exchange proposes to amend
Interested persons are invited to
BILLING CODE 8011–01–P Rule 6.43 to update the definition of
submit written data, views, and
Floor Broker.4 The proposed rule
arguments concerning the foregoing,
change would harmonize the Floor
including whether the proposal is SECURITIES AND EXCHANGE Broker definition with the recently
consistent with the Act. Comments may COMMISSION updated rule of another competing
be submitted by any of the following
[Release No. 34–77897; File No. SR– options exchange—specifically
methods:
NYSEArca–2016–73] NASDAQ OMX PHLX LLC (‘‘PHLX’’).5
Electronic Comments Rule 6.43(a) defines a Floor Broker as
• Use the Commission’s Internet Self-Regulatory Organizations; NYSE ‘‘an individual (either an OTP Holder or
comment form (http://www.sec.gov/ Arca, Inc.; Notice of Filing and OTP Firm or a nominee of an OTP
rules/sro.shtml); or Immediate Effectiveness of Proposed Holder or OTP Firm) who is registered
• Send an email to rule-comments@ Rule Change Amending Rule 6.43 with the Exchange for the purpose,
sec.gov. Please include File No. SR– Regarding Definition of Floor Broker while on the Exchange Floor, of
BatsEDGA–2016–09 on the subject line. accepting and executing option orders
May 24, 2016. received from OTP Holders and OTP
Paper Comments Pursuant to Section 19(b)(1) 1 of the Firms [each an ‘‘OTP’’].’’ The Rule
Securities Exchange Act of 1934 (the
• Send paper comments in triplicate further provides that ‘‘[a] Floor Broker
‘‘Act’’)2 and Rule 19b–4 thereunder,3 shall not accept an order from any other
to Secretary, Securities and Exchange
notice is hereby given that, on May 17, source unless he has registered his
Commission, 100 F Street NE.,
2016, NYSE Arca, Inc. (the ‘‘Exchange’’ individual for an [OTP] approved to
Washington, DC 20549–1090.
All submissions should refer to File No. or ‘‘NYSE Arca’’) filed with the transact business with the public in
SR–BatsEDGA–2016–09. This file Securities and Exchange Commission accordance with Rule 9, in which event
number should be included on the (the ‘‘Commission’’) the proposed rule he may accept orders for public
subject line if email is used. To help the change as described in Items I and II customers of the [OTP].’’
Commission process and review your below, which Items have been prepared The Exchange notes that Floor
comments more efficiently, please use by the self-regulatory organization. The Brokers, as registered Broker/Dealers6,
only one method. The Commission will Commission is publishing this notice to have long handled orders from Broker/
post all comments on the Commission’s solicit comments on the proposed rule Dealers who may not be OTPs. In
Internet Web site (http://www.sec.gov/ change from interested persons. addition, Floor Brokers may accept
rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s orders from non-Broker/Dealers (i.e.,
submission, all subsequent Statement of the Terms of the Substance public customers).7 Thus, the Exchange
amendments, all written statements of the Proposed Rule Change proposes to clarify Rule 6.43(a) by
with respect to the proposed rule removing the language regarding the
The Exchange proposes to amend
change that are filed with the types of market participants from whom
Rule 6.43 (Options Floor Broker
Commission, and all written a Floor Broker may accept an order.8
Defined). The proposed rule change is
communications relating to the The updated rule would provide that a
available on the Exchange’s Web site at
proposed rule change between the www.nyse.com, at the principal office of 4 The Exchange notes that, other than changes to
Commission and any person, other than the Exchange, and at the Commission’s the format or terms used in the rule, the definition
those that may be withheld from the Public Reference Room. of Floor Broker has remained unchanged since
public in accordance with the 2001. See Securities Exchange Act Release No.
provisions of 5 U.S.C. 552, will be II. Self-Regulatory Organization’s 44790 (September 13, 2001) 66 FR 48502
available for Web site viewing and Statement of the Purpose of, and (September 20, 2001) (SR–PCX–2001–26) (relating
Statutory Basis for, the Proposed Rule to accepting orders from Professional Customers).
printing in the Commission’s Public 5 See Securities Exchange Act Release No. 76800
Reference Room, 100 F Street NE., Change
(December 30, 2015), 81 FR 549, (January 6, 2016)
Washington, DC 20549, on official In its filing with the Commission, the (SR-Phlx-2015–114) (adopting updated definition of
business days between the hours of self-regulatory organization included Floor Broker in PHLX Rule 1060 on immediately
10:00 a.m. and 3:00 p.m. Copies of the effective basis).
statements concerning the purpose of, 6 See Rule 6.43(a).
filing also will be available for and basis for, the proposed rule change 7 To handle the orders of public customers, Floor
sradovich on DSK3TPTVN1PROD with NOTICES
inspection and copying at the principal and discussed any comments it received Brokers must be properly qualified to do business
office of the Exchange. All comments on the proposed rule change. The text with the public, per Rule 9 (Conducting Business
received will be posted without change; of those statements may be examined at With The Public), generally, and Rule 9.18 (Doing
the Commission does not edit personal a Public Business in Options), specifically.
8 See proposed Rule 6.43(a). This practice is
identifying information from 21 17 CFR 200.30–3(a)(12). consistent with the rules of other exchanges. See,
1 15 U.S.C.78s(b)(1). e.g., supra n. 5 (PHLX Rule 1060) and CBOE Rule
19 15 U.S.C. 78s(b)(3)(A). 2 15 U.S.C. 78a.
6.70 (permitting CBOE Floor Brokers to accept
20 17 CFR 240.19b–4(f). 3 17 CFR 240.19b–4. orders from non-member broker-dealers).
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![Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Notices 34403
For the Commission, by the Division of responses is 5,564 ((2,396 management the collection of information discussed
Trading and Markets, pursuant to delegated investment company respondents × 2 below.
authority.19 responses per year) + (772 unit In Canada, as in the United States,
Robert W. Errett, investment trust respondents × 1 individuals can invest a portion of their
Deputy Secretary. response per year)). The Commission earnings in tax-deferred retirement
[FR Doc. 2016–12671 Filed 5–27–16; 8:45 am] estimates that each registrant filing a savings accounts (‘‘Canadian retirement
BILLING CODE 8011–01–P report on Form N–SAR would spend, on accounts’’). These accounts, which
average, approximately 14.21 hours in operate in a manner similar to
preparing and filing reports on Form N– individual retirement accounts in the
SECURITIES AND EXCHANGE SAR and that the total hour burden for United States, encourage retirement
COMMISSION all filings on Form N–SAR would be savings by permitting savings on a tax-
79,064 hours. deferred basis. Individuals who
[SEC File No. 270–292, OMB Control No.
The collection of information under establish Canadian retirement accounts
3235–0330]
Form N–SAR is mandatory. Responses while living and working in Canada and
Submission for OMB Review; to the collection of information will not who later move to the United States
Comment Request be kept confidential. An agency may not (‘‘Canadian-U.S. Participants’’ or
conduct or sponsor, and a person is not ‘‘participants’’) often continue to hold
Upon Written Request, Copies Available required to respond to a collection of their retirement assets in their Canadian
From: Securities and Exchange information unless it displays a retirement accounts rather than
Commission, Office of FOIA Services, currently valid control number. prematurely withdrawing (or ‘‘cashing
100 F Street NE., Washington, DC The public may view the background out’’) those assets, which would result
20549–2736. documentation for this information in immediate taxation in Canada.
Extension: collection at the following Web site, Once in the United States, however,
Form N–SAR. www.reginfo.gov. Comments should be these participants historically have been
directed to: (i) Desk Officer for the unable to manage their Canadian
Notice is hereby given that, pursuant Securities and Exchange Commission,
to the Paperwork Reduction Act of 1995 retirement account investments. Most
Office of Information and Regulatory investment companies (‘‘funds’’) that
(44 U.S.C. 3501 et seq.), the Securities Affairs, Office of Management and
and Exchange Commission (the are ‘‘qualified companies’’ for Canadian
Budget, Room 10102, New Executive retirement accounts are not registered
‘‘Commission’’) is soliciting comments Office Building, Washington, DC 20503,
on the collection of information under the U.S. securities laws.
or by sending an email to: Shagufta_ Securities of those unregistered funds,
summarized below. The Commission Ahmed@omb.eop.gov; and (ii) Pamela
plans to submit this existing collection therefore, generally cannot be publicly
Dyson, Director/Chief Information offered and sold in the United States
of information to the Office of Officer, Securities and Exchange
Management and Budget (‘‘OMB’’) for without violating the registration
Commission, c/o Remi Pavlik-Simon, requirement of the Investment Company
extension and approval. 100 F Street NE., Washington, DC 20549
Form N–SAR (OMB Control No. Act of 1940 (‘‘Investment Company
or send an email to: PRA_Mailbox@ Act’’).1 As a result of this registration
3235–0330, 17 CFR 249.330) is the form sec.gov. Comments must be submitted to
used by all registered investment requirement, Canadian-U.S. Participants
OMB within 30 days of this notice. previously were not able to purchase or
companies with the exception of face
amount certificate companies, to Dated: May 24, 2016. exchange securities for their Canadian
comply with the periodic filing and Robert W. Errett, retirement accounts as needed to meet
disclosure requirements imposed by Deputy Secretary. their changing investment goals or
Section 30 of the Investment Company [FR Doc. 2016–12674 Filed 5–27–16; 8:45 am] income needs.
Act of 1940 (15 U.S.C. 80a-1 et seq.) BILLING CODE 8011–01–P
The Commission issued a rulemaking
(‘‘Investment Company Act’’), and of in 2000 that enabled Canadian-U.S.
rules 30a–1 and 30b1–1 thereunder (17 Participants to manage the assets in
CFR 270.30a–1 and 17 CFR 270.30b1–1). SECURITIES AND EXCHANGE their Canadian retirement accounts by
The information required to be filed COMMISSION providing relief from the U.S.
with the Commission assures the public registration requirements for offers of
[SEC File No. 270–464, OMB Control No. securities of foreign issuers to Canadian-
availability of the information and 3235–0527]
permits verification of compliance with U.S. Participants and sales to Canadian
Investment Company Act requirements. Submission for OMB Review; retirement accounts.2 Rule 7d–2 under
Registered unit investment trusts are Comment Request the Investment Company Act 3 permits
required to provide this information on foreign funds to offer securities to
Upon Written Request, Copy Available Canadian-U.S. Participants and sell
an annual report filed with the
From: Securities and Exchange
Commission on Form N–SAR pursuant
Commission, Office of FOIA Services, 1 15 U.S.C. 80a. In addition, the offering and
to rule 30a–1 under the Investment
100 F Street NE., Washington, DC selling of securities that are not registered pursuant
Company Act, and registered to the Securities Act of 1933 (‘‘Securities Act’’) is
20549–2736.
management investment companies generally prohibited by U.S. securities laws. 15
must submit the required information Extension: U.S.C. 77.
on a semi-annual report on Form N– Rule 7d–2. 2 See Offer and Sale of Securities to Canadian
sradovich on DSK3TPTVN1PROD with NOTICES
Tax-Deferred Retirement Savings Accounts, Release
SAR pursuant to rule 30b1–1 under the Notice is hereby given that, pursuant Nos. 33–7860, 34–42905, IC–24491 (June 7, 2000)
Investment Company Act. to the Paperwork Reduction Act of 1995 [65 FR 37672 (June 15, 2000)]. This rulemaking also
The Commission estimates that the (44 U.S.C. 350l-3520), the Securities and included new rule 237 under the Securities Act,
Exchange Commission (the permitting securities of foreign issuers to be offered
total number of respondents is 3,168 to Canadian-U.S. Participants and sold to Canadian
and the total annual number of ‘‘Commission’’) has submitted to the retirement accounts without being registered under
Office of Management and Budget a the Securities Act. 17 CFR 230.237.
19 17 CFR 200.30–3(a)(12). request for extension and approval of 3 17 CFR 270.7d–2.
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Document Created: 2016-05-28 03:58:00
Document Modified: 2016-05-28 03:58:00
| Category | Regulatory Information | |
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| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| FR Citation | 81 FR 34401 |
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