81 FR 36965 - Self-Regulatory Organizations: Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 1015, Disciplinary Functions
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 110 (June 8, 2016)
Federal Register Volume 81, Issue 110 (June 8, 2016)
| Page Range | 36965-36966 | |
| FR Document | 2016-13483 |
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)] [Notices] [Pages 36965-36966] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13483] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-77983; File No. SR-MIAX-2016-15] Self-Regulatory Organizations: Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 1015, Disciplinary Functions June 2, 2016. Pursuant to the provisions of Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on May 27, 2016, Miami International Securities Exchange LLC (``MIAX'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') a proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change The Exchange is filing a proposal to amend Exchange Rule 1015, Disciplinary Functions, Interpretations and Policies .01, to state that the Exchange has entered into a contract with the Financial Industry Regulatory Authority (``FINRA'') and to remove obsolete references to the Chicago Board Options Exchange, Inc. (``CBOE'') from the Rule. The text of the proposed rule change is available on the Exchange's Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at MIAX's principal office, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects 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 Exchange Rule 1015, Disciplinary Functions, to remove two references to CBOE from current Interpretations and Policies .01 to the Rule. The current rule states that the Exchange intends to enter into a contract with FINRA and/or CBOE to provide professional hearing officers and to act as an agent of the Exchange with respect to the disciplinary procedures of the Exchange. The Exchange has entered into a contract with FINRA to provide professional hearing officers and to act as an agent of the Exchange with respect to the disciplinary procedures of the Exchange. Certain regulatory services previously offered by CBOE are now being provided by FINRA. Therefore the reference to CBOE is obsolete as it is no longer feasible to contemplate entering into an agreement with CBOE as articulated in the current rule. Additionally, the current Rule includes a second reference to CBOE which is also now obsolete, that states that a professional hearing officer, in the course of discharging his responsibilities, shall apply the standards contained in the FINRA Industry Code of Procedure and/or CBOE Rules Chapter XVII, and policies, practices and interpretations thereof. The Exchange proposes to delete this reference as well. 2. Statutory Basis MIAX believes that its proposed rule change is consistent with Section 6(b) of the Act \3\ in general, and furthers the objectives of Section 6(b)(5) of the Act \4\ in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanisms of a free and open market and a national market system and, in general, to protect investors and the public interest. --------------------------------------------------------------------------- \3\ 15 U.S.C. 78f(b). \4\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The proposed rule change is designed to protect investors and the public interest and to promote just and equitable principles of trade by eliminating obsolete references to CBOE from its rules relating to its regulatory [[Page 36966]] function. It is intended to foster cooperation and coordination with persons engaged in facilitating transactions in securities by accurately informing Members and the investing public of the Exchange's arrangements that satisfy its regulatory obligations under the Act. It is in the public interest for rules to be accurate and concise so as to eliminate the potential for confusion. 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 that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change is not designed to address any competitive issues but rather is designed to clarify the current rule and eliminate the potential for confusion. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing 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 for 30 days after the date of the filing, or such shorter time as the Commission may designate, it has become effective pursuant to 19(b)(3)(A) of the Act \5\ and Rule 19b-4(f)(6) \6\ thereunder. --------------------------------------------------------------------------- \5\ 15 U.S.C. 78s(b)(3)(A). \6\ 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 the 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 to determine whether the proposed rule should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the 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 rule-comments@sec.gov. Please include File Number SR-MIAX-2016-15 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-MIAX-2016-15. 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-MIAX-2016-15, and should be submitted on or before June 29, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\7\ --------------------------------------------------------------------------- \7\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Brent J. Fields, Secretary. [FR Doc. 2016-13483 Filed 6-7-16; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices 36965
Regulations (10 CFR) Section 30.35 SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s
should be expanded to include all COMMISSION Statement of the Purpose of, and
byproduct material Category 1 and 2 Statutory Basis for, the Proposed Rule
radioactive sealed sources tracked in the [Release No. 34–77983; File No. SR–MIAX– Change
National Source Tracking System. 2016–15]
1. Purpose
Meeting information, including a copy
Self-Regulatory Organizations: Miami The Exchange proposes to amend
of the agenda and handouts, will be
International Securities Exchange LLC; Exchange Rule 1015, Disciplinary
available at http://www.nrc.gov/reading-
Notice of Filing and Immediate Functions, to remove two references to
rm/doc-collections/acmui/meetings/
Effectiveness of a Proposed Rule CBOE from current Interpretations and
2016.html. The agenda and handouts Change To Amend Exchange Rule Policies .01 to the Rule. The current rule
may also be obtained by contacting Ms. 1015, Disciplinary Functions states that the Exchange intends to enter
Sophie Holiday using the information
into a contract with FINRA and/or
below. June 2, 2016.
CBOE to provide professional hearing
Pursuant to the provisions of Section officers and to act as an agent of the
DATES: The teleconference meeting will 19(b)(1) of the Securities Exchange Act
be held on Friday, June 24, 2016, 3:00 Exchange with respect to the
of 1934 (‘‘Act’’) 1 and Rule 19b–4 disciplinary procedures of the
p.m. to 5:00 p.m. Eastern Time. thereunder,2 notice is hereby given that Exchange.
Public Participation: Any member of on May 27, 2016, Miami International The Exchange has entered into a
the public who wishes to participate in Securities Exchange LLC (‘‘MIAX’’ or contract with FINRA to provide
the teleconference should contact Ms. ‘‘Exchange’’) filed with the Securities professional hearing officers and to act
Holiday using the contact information and Exchange Commission as an agent of the Exchange with respect
below. (‘‘Commission’’) a proposed rule change to the disciplinary procedures of the
as described in Items I, II, and III below, Exchange. Certain regulatory services
Contact Information: Sophie Holiday,
which Items have been prepared by the previously offered by CBOE are now
email: sophie.holiday@nrc.gov,
Exchange. The Commission is being provided by FINRA. Therefore the
telephone: (301) 415–7865. publishing this notice to solicit reference to CBOE is obsolete as it is no
Conduct of the Meeting comments on the proposed rule change longer feasible to contemplate entering
from interested persons. into an agreement with CBOE as
Dr. Philip Alderson, ACMUI articulated in the current rule.
Chairman, will preside over the I. Self-Regulatory Organization’s
Statement of the Terms of the Substance Additionally, the current Rule
meeting. Dr. Alderson will conduct the includes a second reference to CBOE
meeting in a manner that will facilitate of the Proposed Rule Change
which is also now obsolete, that states
the orderly conduct of business. The The Exchange is filing a proposal to that a professional hearing officer, in the
following procedures apply to public amend Exchange Rule 1015, course of discharging his
participation in the meeting: Disciplinary Functions, Interpretations responsibilities, shall apply the
and Policies .01, to state that the standards contained in the FINRA
1. Persons who wish to provide a
Exchange has entered into a contract Industry Code of Procedure and/or
written statement should submit an
with the Financial Industry Regulatory CBOE Rules Chapter XVII, and policies,
electronic copy to Ms. Holiday at the
Authority (‘‘FINRA’’) and to remove practices and interpretations thereof.
contact information listed above. All
obsolete references to the Chicago Board The Exchange proposes to delete this
submittals must be received by June 21, Options Exchange, Inc. (‘‘CBOE’’) from
2016, 3 business days prior to the reference as well.
the Rule.
meeting, and must pertain to the topic The text of the proposed rule change 2. Statutory Basis
on the agenda for the meeting. is available on the Exchange’s Web site MIAX believes that its proposed rule
2. Questions and comments from at http://www.miaxoptions.com/filter/ change is consistent with Section 6(b) of
members of the public will be permitted wotitle/rule_filing, at MIAX’s principal the Act 3 in general, and furthers the
during the meetings, at the discretion of office, and at the Commission’s Public objectives of Section 6(b)(5) of the Act 4
the Chairman. Reference Room. in particular, in that it is designed to
3. The draft transcript and meeting II. Self-Regulatory Organization’s prevent fraudulent and manipulative
summary will be available on ACMUI’s Statement of the Purpose of, and acts and practices, to promote just and
Web site http://www.nrc.gov/reading- Statutory Basis for, the Proposed Rule equitable principles of trade, to foster
rm/doc-collections/acmui/meetings/ Change cooperation and coordination with
2016.html on or about August 08, 2016. persons engaged in facilitating
In its filing with the Commission, the transactions in securities, to remove
This meeting will be held in Exchange included statements impediments to and perfect the
accordance with the Atomic Energy Act concerning the purpose of and basis for mechanisms of a free and open market
of 1954, as amended (primarily Section the proposed rule change and discussed and a national market system and, in
161a); the Federal Advisory Committee any comments it received on the general, to protect investors and the
Act (5 U.S.C. App); and the proposed rule change. The text of these public interest.
Commission’s regulations in 10 CFR statements may be examined at the The proposed rule change is designed
part 7. places specified in Item IV below. The
mstockstill on DSK3G9T082PROD with NOTICES
to protect investors and the public
Dated at Rockville, Maryland, this 2nd day Exchange has prepared summaries, set interest and to promote just and
of June 2016. forth in sections A, B, and C below, of equitable principles of trade by
the most significant aspects of such eliminating obsolete references to CBOE
Andrew L. Bates,
statements. from its rules relating to its regulatory
Advisory Committee Management Officer.
[FR Doc. 2016–13552 Filed 6–7–16; 8:45 am] 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78f(b).
BILLING CODE 7590–01–P 2 17 CFR 240.19b–4. 4 15 U.S.C. 78f(b)(5).
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![36966 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices
function. It is intended to foster IV. Solicitation of Comments For the Commission, by the Division of
cooperation and coordination with Trading and Markets, pursuant to delegated
persons engaged in facilitating Interested persons are invited to authority.7
transactions in securities by accurately submit written data, views, and Brent J. Fields,
informing Members and the investing arguments concerning the foregoing, Secretary.
public of the Exchange’s arrangements including whether the proposed rule [FR Doc. 2016–13483 Filed 6–7–16; 8:45 am]
that satisfy its regulatory obligations change is consistent with the Act. BILLING CODE 8011–01–P
under the Act. It is in the public interest Comments may be submitted by any of
for rules to be accurate and concise so the following methods:
as to eliminate the potential for SECURITIES AND EXCHANGE
Electronic Comments COMMISSION
confusion.
B. Self-Regulatory Organization’s • Use the Commission’s Internet [Release No. 34–77978; File No. SR–
Statement on Burden on Competition comment form (http://www.sec.gov/ NYSEMKT–2016–15]
rules/sro.shtml); or
The Exchange does not believe that Self-Regulatory Organizations; NYSE
• Send an email to rule-comments@ MKT LLC; Notice of Designation of
the proposed rule change will impose
any burden on competition that is not sec.gov. Please include File Number SR– Longer Period for Commission Action
necessary or appropriate in furtherance MIAX–2016–15 on the subject line. on a Proposed Rule Change, as
of the purposes of the Act. The Modified by Amendment No. 1, To
Paper Comments
proposed rule change is not designed to Establish Certain End User Fees,
address any competitive issues but • Send paper comments in triplicate Amend the Definition of Affiliate, and
rather is designed to clarify the current to Secretary, Securities and Exchange Amend the Co-Location Section of the
rule and eliminate the potential for Commission, 100 F Street NE., Fee Schedule To Reflect the Changes
confusion. Washington, DC 20549–1090. June 2, 2016.
C. Self-Regulatory Organization’s All submissions should refer to File On April 4, 2016, NYSE MKT LLC
Statement on Comments on the Number SR–MIAX–2016–15. This file (the ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed
Proposed Rule Change Received From number should be included on the with the Securities and Exchange
Members, Participants, or Others subject line if email is used. To help the Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Written comments were neither Commission process and review your
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
solicited nor received. comments more efficiently, please use
19b–4 thereunder,2 a proposed rule
only one method. The Commission will change to establish fees relating to
III. Date of Effectiveness of the post all comments on the Commission’s
Proposed Rule Change and Timing for certain end users, amend the definition
Internet Web site (http://www.sec.gov/ of Affiliate, and amend the co-location
Commission Action rules/sro.shtml). Copies of the section of the Fee Schedule to reflect the
Because the foregoing proposed rule submission, all subsequent changes. The Commission published the
change does not: (i) Significantly affect amendments, all written statements proposed rule change for comment in
the protection of investors or the public with respect to the proposed rule the Federal Register on April 22, 2016.3
interest; (ii) impose any significant change that are filed with the On April 29, 2016, the Exchange filed
burden on competition; and (iii) become Commission, and all written Amendment No. 1 to the proposed rule
operative for 30 days after the date of communications relating to the change.4 The Commission received no
the filing, or such shorter time as the proposed rule change between the comments on the proposed rule
Commission may designate, it has Commission and any person, other than change.5
become effective pursuant to 19(b)(3)(A) those that may be withheld from the Section 19(b)(2) of the Act 6 provides
of the Act 5 and Rule 19b–4(f)(6) 6 public in accordance with the that, within 45 days of the publication
thereunder. provisions of 5 U.S.C. 552, will be of the notice of the filing of a proposed
available for Web site viewing and rule change, or within such longer
At any time within 60 days of the
period up to 90 days as the Commission
filing of the proposed rule change, the printing in the Commission’s Public
may designate if it finds such longer
Commission summarily may Reference Room, 100 F Street NE.,
period to be appropriate and publishes
temporarily suspend such rule change if Washington, DC 20549 on official its reasons for so finding or as to which
it appears to the Commission that such business days between the hours of the self-regulatory organization
action is necessary or appropriate in the 10:00 a.m. and 3:00 p.m. Copies of such consents, the Commission shall approve
public interest, for the protection of filing also will be available for the proposed rule change, disapprove
investors, or otherwise in furtherance of inspection and copying at the principal the proposed rule change, or institute
the purposes of the Act. If the office of the Exchange. All comments proceedings to determine whether the
Commission takes such action, the received will be posted without change;
Commission shall institute proceedings the Commission does not edit personal 7 17 CFR 200.30–3(a)(12).
to determine whether the proposed rule identifying information from 1 15 U.S.C. 78s(b)(1).
should be approved or disapproved. submissions. You should submit only 2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 34–
information that you wish to make
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5 15 U.S.C. 78s(b)(3)(A). 77640 (April 18, 2016), 81 FR 23780 (‘‘Notice’’).
6 17
available publicly. All submissions 4 Amendment No. 1 made technical changes
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give should refer to File Number SR–MIAX– relating to the General Notes numbering and
the Commission written notice of its intent to file 2016–15, and should be submitted on or references in the Co-location section of the Fee
the proposed rule change at least five business days Schedule.
before June 29, 2016. 5 The Commission notes that it did receive two
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the comment letters on a related filing, NYSE–2016–11,
Commission. The Exchange has satisfied this which are equally relevant to this filing.
requirement. 6 15 U.S.C. 78s(b)(2).
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Document Created: 2016-06-08 03:10:32
Document Modified: 2016-06-08 03:10:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 36965 |
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