81 FR 4347 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Back-Up Primary Market Makers
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 16 (January 26, 2016)
Federal Register Volume 81, Issue 16 (January 26, 2016)
| Page Range | 4347-4349 | |
| FR Document | 2016-01392 |
[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)] [Notices] [Pages 4347-4349] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01392] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76936; File No. SR-ISE-2016-02] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Back-Up Primary Market Makers January 20, 2016. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on January 6, 2016, the International Securities Exchange, LLC (the ``Exchange'' or the ``ISE'') filed with the Securities and Exchange Commission the proposed rule change, as described in Items I, II, and III 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\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The ISE proposes to correct, and clarify, .03 of Supplementary Material to Rule 803, Obligations of Market Makers, which describes the responsibilities and privileges of a Back-Up Primary Market Maker (``Back-Up PMM'') that takes the place of a Primary Market Maker (``PMM'') when that PMM fails to have a quote in the system. This amendment will specify the PMM responsibilities and privileges that do not apply to Back-Up PMMs. The text of the proposed rule change is available on the Exchange's Web site (http://www.ise.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 these statements may be examined at the places specified in Item IV below. The self-regulatory organization 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 this proposed rule change is to make corrections to, and clarify, .03 of Supplementary Material to Rule 803, Obligations of Market Makers, which describes the responsibilities and privileges of a Back-Up PMM that takes the place of a PMM when that PMM fails to have a quote in the system. This amendment will specify the PMM responsibilities and privileges that do not apply to Back-Up PMMs. In 2006, ISE adopted a rule change that permits Competitive Market Makers (``CMMs'') that are also PMMs on the Exchange to voluntarily act as Back-Up PMMs when the appointed PMM has technical difficulties that interrupt its participation in the market.\3\ Then, in 2015, the Exchange amended the process by which a Back-Up PMM is [[Page 4348]] chosen to replace a PMM that fails to have a quote in the System.\4\ --------------------------------------------------------------------------- \3\ Securities Exchange Act Release No. 34-53419 (March 6, 2006), 71 FR 12758 (March 13, 2006) (SR-ISE-2005-50). \4\ Securities Exchange Act Release No. 34-76508 (November 30, 2015), 80 FR 74826 (November 30, 2015) (SR-ISE-2015-42). --------------------------------------------------------------------------- In these situations, a Back-Up PMM assumes the responsibilities and privileges of a PMM under ISE rules with respect to any class in which the appointed PMM fails to have a quote in the ISE System, except that a CMM does not become subject to the PMM's requirement in ISE Rule 804(e)(1) to enter continuous quotations in all of the series of all of the options classes to which it is appointed. Instead, under ISE Rule 804(e)(2), the CMM (or Back-Up PMM) is required to maintain continuous quotations in that class or series for 60% of the time the options class is open for trading on the Exchange, provided, however, that a CMM (or Back-Up PMM) is required to maintain continuous quotations for 90% of the time the class is open for trading on the Exchange in any options class in which it receives preferenced orders.\5\ Additionally, while PMMs are required to quote LEAPS and adjusted series, a CMM that has been appointed as the Back-Up PMM is not subject to these requirements due to their initial status as a CMM.\6\ --------------------------------------------------------------------------- \5\ See Rule 804(e)(2)(iii). \6\ See .02 of Supplementary Material to Rule 804 (The CMM quoting obligation ``does not include adjusted option series, nor series with a time to expiration of nine (9) months or greater for options on equities and exchange-traded funds or with a time to expiration of twelve (12) months or greater for index options.'') --------------------------------------------------------------------------- Currently, .03 to Supplementary Material to Rule 803 states that, when a PMM fails to have a quote in the System, a Back-Up PMM ``assumes all of the responsibilities and privileges of a'' PMM. Unlike the wording of this rule text, however, ISE's practice has always been to hold CMMs that are appointed as Back-Up PMMs to the above standards/ exceptions. ISE now proposes to amend .03 to Supplementary Material to Rule 803 to reflect ISE's longstanding standards/exceptions applicable to a CMM that has been appointed as the Back-Up PMM in a particular class. 2. Statutory Basis The Exchange believes that its proposal is consistent with section 6(b) of the Act \7\ in general, and furthers the objectives of section 6(b)(5) \8\ in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. --------------------------------------------------------------------------- \7\ 15 U.S.C. 78f(b). \8\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that the proposed rule change is consistent with the protection of investors and the public interest, and would remove impediments to and perfect the mechanism of a free and open market, because it makes a correction and clarifies ISE's rule text to more accurately reflect the responsibilities and privileges of a Back- Up PMM. This will provide members with a better understanding of their responsibilities and privileges when acting as a Back-Up PMM in situations where a PMM fails to have a quote in the System. Additionally, Back-Up PMMs that are CMMs are not held to the heightened standards of PMMs for continuous quoting, LEAPS, and adjusted series due to the difficulty associated with meeting the standards for each on a short-term basis. For example, for continuous quoting, when a Back-Up PMM assumes responsibility for quoting a series or class, a Back-Up PMM could have problems meeting the continuous quoting requirement during such a short period of time. Similarly, a CMM that is a Back-Up PMM is not required to quote LEAPS because of the difficulty in pricing these options due their 9 month or greater time to expiration. Also, for adjusted series, the effect corporate actions have on certain underlying equity prices makes pricing these options challenging. B. Self-Regulatory Organization's Statement on Burden on Competition This proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Exchange Act because ISE is correcting and clarifying its rule text to accurately reflect the responsibilities and privileges of a Back-Up PMM when a PMM fails to have a quote in the System. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not significantly affect the protection of investors or the public interest, does not impose any significant burden on competition, and, by its terms, does not 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) of the Act \9\ and Rule 19b- 4(f)(6) thereunder.\10\ The Exchange provided the Commission with written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing the proposed rule change, or such shorter time as designated by the Commission, as required by Rule 19b-4(f)(6). --------------------------------------------------------------------------- \9\ 15 U.S.C. 78s(b)(3)(A). \10\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- 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 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 [email protected]. Please include File No. SR-ISE-2016-02 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-ISE-2016-02. 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 Commissions Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent [[Page 4349]] 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 ISE. 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-ISE-2016-02 and should be submitted by February 16, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\11\ --------------------------------------------------------------------------- \11\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Brent J. Fields, Secretary. [FR Doc. 2016-01392 Filed 1-25-16; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices 4347
No. 1025707), a permanently revoked Corporation Finance sent a delinquency I. Self-Regulatory Organization’s
Nevada corporation located in Boulder, letter to PRVW requesting compliance Statement of the Terms of Substance of
Colorado with a class of securities with its periodic filing requirements but the Proposed Rule Change
registered with the Commission PRVW did not receive the delinquency
pursuant to Exchange Act Section 12(g) The ISE proposes to correct, and
letter due to its failure to maintain a
because it is delinquent in its periodic clarify, .03 of Supplementary Material to
valid address on file with the
filings with the Commission, having not Rule 803, Obligations of Market Makers,
Commission as required by Commission
filed any periodic reports since it filed which describes the responsibilities and
rules (Rule 301 of Regulation S–T, 17
a Form 10–Q for the period ended privileges of a Back-Up Primary Market
CFR 232.301 and Section 5.4 of EDGAR Maker (‘‘Back-Up PMM’’) that takes the
September 30, 2008.On April 28, 2015, Filer Manual). As of January 13, 2016,
Corporation Finance sent a delinquency place of a Primary Market Maker
the common stock of PRVW was quoted (‘‘PMM’’) when that PMM fails to have
letter to ICNSQ requesting compliance on OTC Link, had five market makers,
with its periodic filing requirements but a quote in the system. This amendment
and was eligible for the ‘‘piggyback’’ will specify the PMM responsibilities
ICNSQ did not receive the delinquency exception of Exchange Act Rule 15c2–
letter due to its failure to maintain a and privileges that do not apply to Back-
11(f)(3). Up PMMs. The text of the proposed rule
valid address on file with the
Commission as required by Commission The Commission is of the opinion that change is available on the Exchange’s
rules (Rule 301 of Regulation S–T, 17 the public interest and the protection of Web site (http://www.ise.com), at the
CFR 232.301 and Section 5.4 of EDGAR investors require a suspension of trading principal office of the Exchange, and at
Filer Manual). As of January 13, 2016, in the securities of the above-listed the Commission’s Public Reference
the common stock of ICNSQ was quoted companies. Therefore, it is ordered, Room.
on OTC Link, had six market makers, pursuant to Section 12(k) of the II. Self-Regulatory Organization’s
and was eligible for the ‘‘piggyback’’ Securities Exchange Act of 1934, that Statement of the Purpose of, and
exception of Exchange Act Rule 15c2– trading in the securities of the above- Statutory Basis for, the Proposed Rule
11(f)(3). listed companies is suspended for the Change
It appears to the Commission that period from 9:30 a.m. EST on January
there is a lack of current and accurate 22, 2016, through 11:59 p.m. EST on In its filing with the Commission, the
information concerning the securities of February 4, 2016. self-regulatory organization included
Maxray Optical Technology Co. Ltd. statements concerning the purpose of,
By the Commission.
(‘‘MXOP’’) (CIK No. 1395695), a void and basis for, the proposed rule change
Delaware corporation located in Jill M. Peterson, and discussed any comments it received
Mississauga, Ontario, Canada with a Assistant Secretary. on the proposed rule change. The text
class of securities registered with the [FR Doc. 2016–01612 Filed 1–22–16; 11:15 am] of these statements may be examined at
Commission pursuant to Exchange Act BILLING CODE 8011–01–P the places specified in Item IV below.
Section 12(g) because it is delinquent in The self-regulatory organization has
its periodic filings with the prepared summaries, set forth in
Commission, having not filed any SECURITIES AND EXCHANGE sections A, B and C below, of the most
periodic reports since it filed a Form COMMISSION significant aspects of such statements.
10–Q for the period ended December 31,
2010. On April 28, 2015, Corporation A. Self-Regulatory Organization’s
[Release No. 34–76936; File No. SR–ISE– Statement of the Purpose of, and
Finance sent a delinquency letter to
2016–02] Statutory Basis for, the Proposed Rule
MXOP requesting compliance with its
periodic filing requirements but MXOP Change
Self-Regulatory Organizations;
did not receive the delinquency letter International Securities Exchange, 1. Purpose
due to its failure to maintain a valid LLC; Notice of Filing and Immediate
address on file with the Commission as The purpose of this proposed rule
Effectiveness of Proposed Rule change is to make corrections to, and
required by Commission rules (Rule 301
Change Relating to Back-Up Primary clarify, .03 of Supplementary Material to
of Regulation S–T, 17 CFR 232.301 and
Market Makers Rule 803, Obligations of Market Makers,
Section 5.4 of EDGAR Filer Manual). As
of January 13, 2016, the common stock January 20, 2016. which describes the responsibilities and
of MXOP was quoted on OTC Link, had privileges of a Back-Up PMM that takes
four market makers, and was eligible for Pursuant to section 19(b)(1) of the the place of a PMM when that PMM
the ‘‘piggyback’’ exception of Exchange Securities Exchange Act of 1934 (the fails to have a quote in the system. This
Act Rule 15c2–11(f)(3). ‘‘Act’’),1 and Rule 19b–4 thereunder,2 amendment will specify the PMM
It appears to the Commission that notice is hereby given that on January 6, responsibilities and privileges that do
there is a lack of current and accurate 2016, the International Securities not apply to Back-Up PMMs.
information concerning the securities of Exchange, LLC (the ‘‘Exchange’’ or the In 2006, ISE adopted a rule change
Peer Review Mediation & Arbitration, ‘‘ISE’’) filed with the Securities and that permits Competitive Market Makers
Inc. (‘‘PRVW’’) (CIK No. 1311627), a Exchange Commission the proposed (‘‘CMMs’’) that are also PMMs on the
dissolved Florida corporation located in rule change, as described in Items I, II, Exchange to voluntarily act as Back-Up
Pompano Beach, Florida with a class of and III below, which items have been PMMs when the appointed PMM has
mstockstill on DSK4VPTVN1PROD with NOTICES
securities registered with the prepared by the self-regulatory technical difficulties that interrupt its
Commission pursuant to Exchange Act organization. The Commission is participation in the market.3 Then, in
Section 12(g) because it is delinquent in publishing this notice to solicit 2015, the Exchange amended the
its periodic filings with the comments on the proposed rule change process by which a Back-Up PMM is
Commission, having not filed any from interested persons.
periodic reports since it filed a Form 3 Securities Exchange Act Release No. 34–53419
10–Q for the period ended September 1 15 U.S.C. 78s(b)(1). (March 6, 2006), 71 FR 12758 (March 13, 2006) (SR–
30, 2012. On February 19, 2015, 2 17 CFR 240.19b–4. ISE–2005–50).
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![Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices 4349
amendments, all written statements 2015, the Commission’s Division of rules (Rule 301 of Regulation S–T, 17
with respect to the proposed rule Corporation Finance (‘‘Corporation CFR 232.301 and Section 5.4 of EDGAR
change that are filed with the Finance’’) sent a delinquency letter to Filer Manual). As of January 13, 2016,
Commission, and all written OLDW requesting compliance with its the common stock of TBBC was quoted
communications relating to the periodic filing requirements but OLDW on OTC Link, had five market makers,
proposed rule change between the did not receive the delinquency letter and was eligible for the ‘‘piggyback’’
Commission and any person, other than due to its failure to maintain a valid exception of Exchange Act Rule 15c2–
those that may be withheld from the address on file with the Commission as 11(f)(3).
public in accordance with the required by Commission rules (Rule 301 It appears to the Commission that
provisions of 5 U.S.C. 552, will be of Regulation S–T, 17 CFR 232.301 and there is a lack of current and accurate
available for Web site viewing and Section 5.4 of EDGAR Filer Manual). As information concerning the securities of
printing in the Commission’s Public of January 13, 2016, the common shares TheraBiogen, Inc. (‘‘TRAB’’) (CIK No.
Reference Room, 100 F Street NE., of OLDW were quoted on OTC Link 1405286), a revoked Nevada corporation
Washington, DC 20549, on official operated by OTC Markets Group Inc. located in Manalapan, New Jersey with
business days between the hours of (formerly ‘‘Pink Sheets’’) (‘‘OTC Link’’), a class of securities registered with the
10:00 a.m. and 3:00 p.m. Copies of such had four market makers, and were Commission pursuant to Exchange Act
filing also will be available for eligible for the ‘‘piggyback’’ exception of Section 12(g) because it is delinquent in
inspection and copying at the principal Exchange Act Rule 15c2–11(f)(3). its periodic filings with the
office of the ISE. All comments received It appears to the Commission that Commission, having not filed any
will be posted without change; the there is a lack of current and accurate periodic reports since it filed a Form
Commission does not edit personal information concerning the securities of 10–Q for the period ended May 31,
identifying information from RPHL Acquisition Corp. (a/k/a Rockport 2012. On April 28, 2015, Corporation
submissions. You should submit only Healthcare Group, Inc.) (‘‘RPHL’’) (CIK Finance sent a delinquency letter to
information that you wish to make No. 919606), a void Delaware TRAB requesting compliance with its
available publicly. All submissions corporation located in Houston, Texas periodic filing requirements but TRAB
should refer to File Number SR–ISE– with a class of securities registered with did not receive the delinquency letter
2016–02 and should be submitted by the Commission pursuant to Exchange due to its failure to maintain a valid
February 16, 2016. Act Section 12(g) because it is address on file with the Commission as
For the Commission, by the Division of delinquent in its periodic filings with required by Commission rules (Rule 301
Trading and Markets, pursuant to delegated the Commission, having not filed any of Regulation S–T, 17 CFR 232.301 and
authority.11 periodic reports since it filed a Form Section 5.4 of EDGAR Filer Manual). As
Brent J. Fields, 10–KSB for the period ended March 31, of January 13, 2016, the common stock
Secretary. 2008. On April 22, 2015, Corporation of TRAB was quoted on OTC Link, had
[FR Doc. 2016–01392 Filed 1–25–16; 8:45 am]
Finance sent a delinquency letter to seven market makers, and was eligible
RPHL requesting compliance with its for the ‘‘piggyback’’ exception of
BILLING CODE 8011–01–P
periodic filing requirements but RPHL Exchange Act Rule 15c2–11(f)(3).
did not receive the delinquency letter It appears to the Commission that
SECURITIES AND EXCHANGE due to its failure to maintain a valid there is a lack of current and accurate
COMMISSION address on file with the Commission as information concerning the securities of
required by Commission rules (Rule 301 U.S. Helicopter Corporation (‘‘USHP’’)
[File No. 500–1] of Regulation S–T, 17 CFR 232.301 and (CIK No. 1309140), a void Delaware
Section 5.4 of EDGAR Filer Manual). As corporation located in New York, New
OldWeb sites.com, Inc., RPHL of January 13, 2016, the common stock York with a class of securities registered
Acquisition Corp. (a/k/a Rockport of RPHL was quoted on OTC Link, had with the Commission pursuant to
Healthcare Group, Inc.), The Brainy five market makers, and was eligible for Exchange Act Section 12(g) because it is
Brands Company, Inc., TheraBiogen, the ‘‘piggyback’’ exception of Exchange delinquent in its periodic filings with
Inc., U.S. Helicopter Corporation, and Act Rule 15c2–11(f)(3). the Commission, having not filed any
Vicor Technologies, Inc.; Order of It appears to the Commission that periodic reports since it filed a Form
Suspension of Trading there is a lack of current and accurate 10–Q for the period ended September
January 22, 2016. information concerning the securities of 30, 2008. On February 19, 2015,
It appears to the Securities and The Brainy Brands Company, Inc. Corporation Finance sent a delinquency
Exchange Commission (‘‘Commission’’) (‘‘TBBC’’) (CIK No. 1478838), a forfeited letter to USHP requesting compliance
that there is a lack of current and Delaware corporation located in with its periodic filing requirements but
accurate information concerning the Suwanee, Georgia with a class of USHP did not receive the delinquency
securities of OldWeb sites.com, Inc. securities registered with the letter due to its failure to maintain a
(‘‘OLDW 1’’) (CIK No. 1391570), an Commission pursuant to Exchange Act valid address on file with the
expired Utah corporation located in Salt Section 12(g) because it is delinquent in Commission as required by Commission
Lake City, Utah with a class of securities its periodic filings with the rules (Rule 301 of Regulation S–T, 17
registered with the Commission Commission, having not filed any CFR 232.301 and Section 5.4 of EDGAR
pursuant to Exchange Act Section 12(g) periodic reports since it filed a Form Filer Manual). As of January 13, 2016,
because it is delinquent in its periodic 10–Q for the period ended September the common stock of USHP was quoted
mstockstill on DSK4VPTVN1PROD with NOTICES
filings with the Commission, having not 30, 2011. On February 19, 2015, on OTC Link, had five market makers,
filed any periodic reports since it filed Corporation Finance sent a delinquency and was eligible for the ‘‘piggyback’’
a Form 10–Q for the period ended letter to TBBC requesting compliance exception of Exchange Act Rule 15c2–
September 30, 2011. On February 19, with its periodic filing requirements but 11(f)(3).
TBBC did not receive the delinquency It appears to the Commission that
11 17 CFR 200.30–3(a)(12). letter due to its failure to maintain a there is a lack of current and accurate
1 The short form of each issuer’s name is also its valid address on file with the information concerning the securities of
stock symbol. Commission as required by Commission Vicor Technologies, Inc. (‘‘VCRTQ’’)
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Document Created: 2018-02-02 12:37:47
Document Modified: 2018-02-02 12:37:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 81 FR 4347 |
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