81_FR_38359 81 FR 38246 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to a Proposal To Relocate and Update the Existing Provisions of Rule 1080.07 to New Rule 1098

81 FR 38246 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to a Proposal To Relocate and Update the Existing Provisions of Rule 1080.07 to New Rule 1098

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 113 (June 13, 2016)

Page Range38246-38247
FR Document2016-13822

Federal Register, Volume 81 Issue 113 (Monday, June 13, 2016)
[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Notices]
[Pages 38246-38247]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13822]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78001; File No. SRndash;Phlxndash;2016-63]


Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change to a Proposal To 
Relocate and Update the Existing Provisions of Rule 1080.07 to New Rule 
1098

June 7, 2016.
    Pursuant to 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, NASDAQ PHLX LLC (``Exchange'') filed with the 
Securities and Exchange Commission (``SEC'' or ``Commission'') the 
proposed rule change as described in Items I, II, a proposal to 
relocate and update the existing provisions of Rule 1080.07 to new Rule 
1098.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.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to a proposal to relocate and update the 
existing provisions of Rule 1080.07 to new Rule 1098.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxphlx.cchwallstreet.com/, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant 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 purpose of the proposal is to move the existing provisions 
regarding complex orders from Rule 1080.07 to new Rule 1098, Complex 
Orders. The Exchange intends to update and reorganize its rule book in 
a number of ways. The Exchange believes that the complex orders 
provisions are easier to read and follow if organized into a separate 
rule. Various references to Rule 1080.07 within Rule 1080 and in Rules 
1047 and 1066 will be changed to refer to Rule 1098.\3\
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    \3\ Previously, Rule 1080.07 was Rule 1080.08. Securities 
Exchange Act Release No. 75436 (July 13, 2015), 80 FR 42566 (July 
17, 2015) (SR-Phlx-2015-55). Two incorrect references to Rule 
1080.08 remain in Rule 1080.07(e)(i)(B)(1) and (e)(vi)(B), which is 
now being changed to refer to Rule 1098.
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    In addition, the Exchange proposes to make a few minor changes. 
First, the Exchange proposes to replace incorrect references in 
subparagraph (a)(i) of Rule 1080.07 to Nasdaq Options Services LLC and 
its abbreviation NOS with Nasdaq Execution Services, LLC and NES. The 
Exchange now uses NES for this purpose.\4\ This will be reflected in 
new Rule 1098(a)(i).
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    \4\ The Exchange replaced references to NOS with NES throughout 
its rule book but this particular reference was inadvertently 
omitted. Securities Exchange Act Release No. 71417 (January 28, 
2014), 79 FR 6253 (February 3, 2014) (SR-Phlx-2014-04).
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    Second, the Exchange proposes to amend subparagraph (c)(ii)(E) to 
replace the reference to the risk monitor mechanism with ``automatic 
removal of quotes'' and to delete the reference to Rule 1093, which was 
previously deleted and replaced with Rule 1095.\5\
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    \5\ Rule 1095 now covers various risk tools, including the risk 
monitor mechanism (which is now known as the Percentage-Based 
Threshold), the Volume-Based Threshold and the Multi-Trigger 
Threshold. Securities Exchange Act Release No. 76295 (October 29, 
2015), 80 FR 68338 (November 4, 2015) (SR-Phlx-2015-83).
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    Third, the Exchange proposes to refer to the ``System'' in new Rule 
1098 rather than Phlx XL or Phlx XL II to parallel the rules of its 
affiliated options exchanges \6\ and move away from that specific 
system name in the rules.\7\ As a result, the terms ``Phlx XL 
participant'' will now be referred to as ``participant'' and ``Phlx XL 
market maker'' will now be referred to as a ``Phlx electronic market 
maker.''
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    \6\ See e.g., NOM Chapter VI, Section 1(a) defining ``System'' 
in general terms.
    \7\ Separately, the Exchange intends to make this change 
throughout the rules.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \8\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \9\ in particular, in that it is designed to promote 
just and equitable principles of trade and to protect investors and the 
public interest, by rendering the complex orders provision easier to 
read. The proposed relocation and other changes are minor and 
administrative.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 proposal merely makes minor 
organizational corrections and changes.

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

    No written comments were either solicited or 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 from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \10\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(a)(iii).
    \11\ 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.
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    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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in

[[Page 38247]]

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 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-Phlx-2016-63 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-Phlx-2016-63. 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-Phlx-2016-63, and should be 
submitted on or before July 5, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-13822 Filed 6-10-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                38246                          Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Notices

                                                  For the Commission, by the Division of                proposed rule change. The text of these                a result, the terms ‘‘Phlx XL participant’’
                                                Trading and Markets, pursuant to delegated              statements may be examined at the                      will now be referred to as ‘‘participant’’
                                                authority.28                                            places specified in Item IV below. The                 and ‘‘Phlx XL market maker’’ will now
                                                Robert W. Errett,                                       Exchange has prepared summaries, set                   be referred to as a ‘‘Phlx electronic
                                                Deputy Secretary.                                       forth in sections A, B, and C below, of                market maker.’’
                                                [FR Doc. 2016–13821 Filed 6–10–16; 8:45 am]             the most significant aspects of such                   2. Statutory Basis
                                                BILLING CODE 8011–01–P                                  statements.
                                                                                                                                                                  The Exchange believes that its
                                                                                                        A. Self-Regulatory Organization’s                      proposal is consistent with Section 6(b)
                                                                                                        Statement of the Purpose of, and                       of the Act 8 in general, and furthers the
                                                SECURITIES AND EXCHANGE
                                                                                                        Statutory Basis for, the Proposed Rule                 objectives of Section 6(b)(5) of the Act 9
                                                COMMISSION
                                                                                                        Change                                                 in particular, in that it is designed to
                                                [Release No. 34–78001; File No.                                                                                promote just and equitable principles of
                                                SRndash;Phlxndash;2016–63]                              1. Purpose
                                                                                                                                                               trade and to protect investors and the
                                                                                                           The purpose of the proposal is to                   public interest, by rendering the
                                                Self-Regulatory Organizations;                          move the existing provisions regarding
                                                NASDAQ PHLX LLC; Notice of Filing                                                                              complex orders provision easier to read.
                                                                                                        complex orders from Rule 1080.07 to                    The proposed relocation and other
                                                and Immediate Effectiveness of                          new Rule 1098, Complex Orders. The
                                                Proposed Rule Change to a Proposal                                                                             changes are minor and administrative.
                                                                                                        Exchange intends to update and
                                                To Relocate and Update the Existing                     reorganize its rule book in a number of                B. Self-Regulatory Organization’s
                                                Provisions of Rule 1080.07 to New Rule                  ways. The Exchange believes that the                   Statement on Burden on Competition
                                                1098                                                    complex orders provisions are easier to                  The Exchange does not believe that
                                                June 7, 2016.                                           read and follow if organized into a                    the proposed rule change will impose
                                                                                                        separate rule. Various references to Rule              any burden on competition not
                                                   Pursuant to Section 19(b)(1) of the
                                                                                                        1080.07 within Rule 1080 and in Rules                  necessary or appropriate in furtherance
                                                Securities Exchange Act of 1934
                                                                                                        1047 and 1066 will be changed to refer                 of the purposes of the Act. The proposal
                                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                        to Rule 1098.3                                         merely makes minor organizational
                                                notice is hereby given that on May 27,
                                                                                                           In addition, the Exchange proposes to               corrections and changes.
                                                2016, NASDAQ PHLX LLC
                                                                                                        make a few minor changes. First, the
                                                (‘‘Exchange’’) filed with the Securities                                                                       C. Self-Regulatory Organization’s
                                                                                                        Exchange proposes to replace incorrect
                                                and Exchange Commission (‘‘SEC’’ or                                                                            Statement on Comments on the
                                                                                                        references in subparagraph (a)(i) of Rule
                                                ‘‘Commission’’) the proposed rule                                                                              Proposed Rule Change Received From
                                                                                                        1080.07 to Nasdaq Options Services LLC
                                                change as described in Items I, II, a                                                                          Members, Participants, or Others
                                                                                                        and its abbreviation NOS with Nasdaq
                                                proposal to relocate and update the
                                                                                                        Execution Services, LLC and NES. The                     No written comments were either
                                                existing provisions of Rule 1080.07 to
                                                                                                        Exchange now uses NES for this                         solicited or received.
                                                new Rule 1098.and III, below, which
                                                                                                        purpose.4 This will be reflected in new
                                                Items have been prepared by the                                                                                III. Date of Effectiveness of the
                                                                                                        Rule 1098(a)(i).
                                                Exchange. The Commission is                                Second, the Exchange proposes to                    Proposed Rule Change and Timing for
                                                publishing this notice to solicit                       amend subparagraph (c)(ii)(E) to replace               Commission Action
                                                comments on the proposed rule change                    the reference to the risk monitor                         Because the foregoing proposed rule
                                                from interested persons.                                mechanism with ‘‘automatic removal of                  change does not: (i) Significantly affect
                                                I. Self-Regulatory Organization’s                       quotes’’ and to delete the reference to                the protection of investors or the public
                                                Statement of the Terms of the Substance                 Rule 1093, which was previously                        interest; (ii) impose any significant
                                                of the Proposed Rule Change                             deleted and replaced with Rule 1095.5                  burden on competition; and (iii) become
                                                                                                           Third, the Exchange proposes to refer               operative for 30 days from the date on
                                                   The Exchange proposes to a proposal                  to the ‘‘System’’ in new Rule 1098 rather              which it was filed, or such shorter time
                                                to relocate and update the existing                     than Phlx XL or Phlx XL II to parallel                 as the Commission may designate, it has
                                                provisions of Rule 1080.07 to new Rule                  the rules of its affiliated options                    become effective pursuant to Section
                                                1098.                                                   exchanges 6 and move away from that                    19(b)(3)(A)(iii) of the Act 10 and
                                                   The text of the proposed rule change
                                                                                                        specific system name in the rules.7 As                 subparagraph (f)(6) of Rule 19b–4
                                                is available on the Exchange’s Web site
                                                                                                                                                               thereunder.11
                                                at http://                                                 3 Previously, Rule 1080.07 was Rule 1080.08.           At any time within 60 days of the
                                                nasdaqomxphlx.cchwallstreet.com/, at                    Securities Exchange Act Release No. 75436 (July 13,    filing of the proposed rule change, the
                                                the principal office of the Exchange, and               2015), 80 FR 42566 (July 17, 2015) (SR–Phlx–2015–
                                                                                                                                                               Commission summarily may
                                                at the Commission’s Public Reference                    55). Two incorrect references to Rule 1080.08
                                                                                                        remain in Rule 1080.07(e)(i)(B)(1) and (e)(vi)(B),     temporarily suspend such rule change if
                                                Room.                                                   which is now being changed to refer to Rule 1098.      it appears to the Commission that such
                                                II. Self-Regulatory Organization’s                         4 The Exchange replaced references to NOS with
                                                                                                                                                               action is: (i) Necessary or appropriate in
                                                                                                        NES throughout its rule book but this particular       the public interest; (ii) for the protection
                                                Statement of the Purpose of, and                        reference was inadvertently omitted. Securities
                                                Statutory Basis for, the Proposed Rule                  Exchange Act Release No. 71417 (January 28, 2014),     of investors; or (iii) otherwise in
                                                Change                                                  79 FR 6253 (February 3, 2014) (SR–Phlx–2014–04).
                                                                                                           5 Rule 1095 now covers various risk tools,            8 15  U.S.C. 78f(b).
                                                  In its filing with the Commission, the                including the risk monitor mechanism (which is           9 15  U.S.C. 78f(b)(5).
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                                                Exchange included statements                            now known as the Percentage-Based Threshold), the        10 15 U.S.C. 78s(b)(3)(a)(iii).

                                                concerning the purpose of and basis for                 Volume-Based Threshold and the Multi-Trigger             11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–

                                                the proposed rule change and discussed                  Threshold. Securities Exchange Act Release No.         4(f)(6) requires a self-regulatory organization to give
                                                                                                        76295 (October 29, 2015), 80 FR 68338 (November        the Commission written notice of its intent to file
                                                any comments it received on the                         4, 2015) (SR–Phlx–2015–83).                            the proposed rule change at least five business days
                                                                                                           6 See e.g., NOM Chapter VI, Section 1(a) defining
                                                                                                                                                               prior to the date of filing of the proposed rule
                                                  28 17 CFR 200.30–3(a)(12).                            ‘‘System’’ in general terms.                           change, or such shorter time as designated by the
                                                  1 15 U.S.C. 78s(b)(1).                                   7 Separately, the Exchange intends to make this     Commission. The Exchange has satisfied this
                                                  2 17 CFR 240.19b–4.                                   change throughout the rules.                           requirement.



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                                                                                 Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Notices                                                      38247

                                                furtherance of the purposes of the Act.                     For the Commission, by the Division of               the originally filed proposed rule
                                                If the Commission takes such action, the                  Trading and Markets, pursuant to delegated             change in its entirety.7 On February 11,
                                                Commission shall institute proceedings                    authority.12                                           2016, the Exchange both filed and
                                                to determine whether the proposed rule                    Robert W. Errett,                                      withdrew Amendment No. 2 to the
                                                should be approved or disapproved.                        Deputy Secretary.                                      proposed rule change. On February 11,
                                                                                                          [FR Doc. 2016–13822 Filed 6–10–16; 8:45 am]            2016, the Exchange filed Amendment
                                                IV. Solicitation of Comments
                                                                                                          BILLING CODE 8011–01–P                                 No. 3 to the proposed rule change.8 On
                                                  Interested persons are invited to                                                                              February 17, 2016, the Exchange filed
                                                submit written data, views, and                                                                                  Amendment No. 4 to the proposed rule
                                                arguments concerning the foregoing,                       SECURITIES AND EXCHANGE                                change.9 On February 22, 2016, the
                                                including whether the proposed rule                       COMMISSION                                             Commission issued notice of filing of
                                                change is consistent with the Act.                                                                               Amendment Nos. 1, 3, and 4 to the
                                                Comments may be submitted by any of                       [Release No. 34–78005; File No. SR–BATS–
                                                                                                          2015–100]                                              proposed rule change and instituted
                                                the following methods:                                                                                           proceedings under Section 19(b)(2)(B) of
                                                Electronic Comments                                       Self-Regulatory Organizations; Bats                    the Act 10 to determine whether to
                                                                                                          BZX Exchange, Inc.; Notice of Filing of                approve or disapprove the proposed
                                                  • Use the Commission’s Internet                                                                                rule change, as modified by Amendment
                                                                                                          Amendment No. 5 To Proposed Rule
                                                comment form (http://www.sec.gov/                                                                                Nos. 1, 3, and 4 thereto.11 In the Order
                                                                                                          Change, as Modified by Amendments
                                                rules/sro.shtml); or
                                                  • Send an email to rule-comments@                       Nos. 1, 3, and 4 thereto, To Amend
                                                                                                          Rule 14.11(i) To Adopt Generic Listing                 portfolio limit on listed derivatives to require that
                                                sec.gov. Please include File Number SR–                                                                          at least 90% of the weight of such holdings invested
                                                Phlx–2016–63 on the subject line.                         Standards for Managed Fund Shares                      in futures, exchange-traded options, and listed
                                                                                                                                                                 swaps shall, on both an initial and continuing basis,
                                                Paper Comments                                            June 7, 2016.                                          consist of futures, options, and swaps for which the
                                                                                                                                                                 Exchange may obtain information via the
                                                   • Send paper comments in triplicate                    I. Introduction                                        Intermarket Surveillance Group (‘‘ISG’’) from other
                                                to Secretary, Securities and Exchange                        On November 18, 2015, BATS                          members or affiliates of the ISG or for which the
                                                Commission, 100 F Street NE.,                             Exchange, Inc. (now known as Bats BZX                  principal market is a market with which the
                                                Washington, DC 20549–1090.                                                                                       Exchange has a comprehensive surveillance sharing
                                                                                                          Exchange, Inc., ‘‘Exchange’’ or ‘‘BZX’’) 1             agreement (‘‘CSSA’’); (4) provides that a portfolio’s
                                                All submissions should refer to File                      filed with the Securities and Exchange                 investments in listed and over-the-counter
                                                Number SR–Phlx–2016–63. This file                         Commission (‘‘Commission’’), pursuant                  derivatives will be calculated for purposes the
                                                number should be included on the                          to Section 19(b)(1) of the Securities                  proposed limits on such holdings as the total
                                                                                                                                                                 absolute notional value of the derivatives; (5) makes
                                                subject line if email is used. To help the                Exchange Act of 1934 (‘‘Act’’) 2 and Rule              certain other conforming and clarifying changes.
                                                Commission process and review your                        19b–4 thereunder,3 a proposed rule                     The amendments to the proposed rule change are
                                                comments more efficiently, please use                     change to amend Rule 14.11(i) by,                      available at: http://www.sec.gov/comments/sr-bats-
                                                only one method. The Commission will                      among other things, adopting generic                   2015-100/bats2015100.shtml.
                                                                                                                                                                    7 See Amendment No. 1, supra note 6, at 4.
                                                post all comments on the Commission’s                     listing standards for Managed Fund                        8 Amendment No. 3 deletes from the proposal the
                                                Internet Web site (http://www.sec.gov/                    Shares. The proposed rule change was                   following two sentences: (1) ‘‘Such limitation will
                                                rules/sro.shtml). Copies of the                           published for comment in the Federal                   not apply to listed swaps because swaps are listed
                                                submission, all subsequent                                Register on November 25, 2015.4 On                     on swap execution facilities (‘‘SEFs’’), the majority
                                                amendments, all written statements                        January 4, 2016, the Commission                        of which are not members of ISG.’’ and (2) ‘‘Such
                                                                                                                                                                 limitation would not apply to listed swaps because
                                                with respect to the proposed rule                         designated a longer period within which                swaps are listed on SEFs, the majority of which are
                                                change that are filed with the                            to approve the proposed rule change,                   not members of ISG.’’ Amendment No. 3 also
                                                Commission, and all written                               disapprove the proposed rule change, or                corrects an erroneous statement in Item 11 to
                                                communications relating to the                            institute proceedings to determine                     indicate that an Exhibit 4 was included in
                                                                                                                                                                 Amendment No. 1.
                                                proposed rule change between the                          whether to disapprove the proposed                        9 Amendment No. 4 deletes from the proposal the
                                                Commission and any person, other than                     rule change.5 On February 9, 2016, the                 following sentence: ‘‘Thus, if the limitation applied
                                                those that may be withheld from the                       Exchange filed Amendment No. 1 to the                  to swaps, there would effectively be a cap of 10%
                                                public in accordance with the                             proposed rule change,6 which replaced                  of the portfolio invested in listed swaps.’’
                                                provisions of 5 U.S.C. 552, will be                                                                              Amendment No. 4 also amends two representations
                                                                                                                                                                 as follows (added language in brackets): The
                                                available for Web site viewing and                           1 In March 2016, BATS changed its name from
                                                                                                                                                                 Exchange or FINRA, on behalf of the Exchange, will
                                                printing in the Commission’s Public                       ‘‘BATS Exchange, Inc.’’ to ‘‘Bats BZX Exchange,        communicate as needed regarding trading in
                                                                                                          Inc.’’ See Securities Act Release No. 77307 (Mar. 7,
                                                Reference Room, 100 F Street NE.,                         2016), 81 FR 12996 (Mar. 11, 2016) (SR–BATS–
                                                                                                                                                                 Managed Fund Shares [and their underlying
                                                Washington, DC 20549 on official                                                                                 components] with other markets that are members
                                                                                                          2016–25) (publishing notice of the name change to      of the ISG, including all U.S. securities exchanges
                                                business days between the hours of                        Bats BZX Exchange, Inc.).                              and futures exchanges on which the components
                                                10:00 a.m. and 3:00 p.m. Copies of such                      2 15 U.S.C. 78s(b)(1).
                                                                                                                                                                 are traded[, or with which the Exchange has in
                                                                                                             3 17 CFR 240.19b–4.
                                                filing also will be available for                                                                                place a CSSA.] In addition, the Exchange or
                                                                                                             4 See Securities Exchange Act Release No. 76478     FINRA[,] on behalf of the Exchange[,] may obtain
                                                inspection and copying at the principal
                                                                                                          (Nov. 19, 2015), 80 FR 73841 (‘‘Notice’’).             information regarding trading in Managed Fund
                                                office of the Exchange. All comments                         5 See Securities Exchange Act Release No. 76820,    Shares [and their underlying components] from
                                                received will be posted without change;                   81 FR 989 (Jan. 8, 2016). The Commission               other markets that are members of the ISG,
                                                the Commission does not edit personal                     designated February 23, 2016 as the date by which      including all U.S. securities exchanges and futures
                                                identifying information from                              the Commission shall either approve or disapprove,     exchanges on which the components are traded, or
                                                                                                          or institute proceedings to determine whether to       with which the Exchange has in place a CSSA.’’
                                                submissions. You should submit only
srobinson on DSK5SPTVN1PROD with NOTICES




                                                                                                          disapprove, the proposed rule change. See id.             10 15 U.S.C. 78s(b)(2)(B).
                                                information that you wish to make                            6 Amendment No. 1: (1) Clarifies the proposed          11 See Securities Exchange Act Release No. 77202,
                                                available publicly. All submissions                       treatment of convertible securities under the          81 FR 9889 (Feb. 26, 2016) (‘‘Order Instituting
                                                should refer to File Number SR–Phlx–                      proposed generic listing criteria; (2) modifies the    Proceedings’’). Specifically, the Commission
                                                2016–63, and should be submitted on or                    proposed criterion regarding American Depositary       instituted proceedings to allow for additional
                                                                                                          Receipts (‘‘ADRs’’) to provide that no more than       analysis of the proposed rule change’s consistency
                                                before July 5, 2016.                                      10% of the equity weight of the portfolio shall        with Section 6(b)(5) of the Act, which requires,
                                                                                                          consist of non-exchange traded (rather than            among other things, that the rules of a national
                                                  12 17   CFR 200.30–3(a)(12).                            unsponsored) ADRs; (3) modifies the proposed                                                      Continued




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Document Created: 2018-02-08 07:39:51
Document Modified: 2018-02-08 07:39:51
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 38246 

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