81_FR_45328 81 FR 45195 - Sunshine Act Meeting

81 FR 45195 - Sunshine Act Meeting

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 133 (July 12, 2016)

Page Range45195-45196
FR Document2016-16497

Federal Register, Volume 81 Issue 133 (Tuesday, July 12, 2016)
[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Pages 45195-45196]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16497]


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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold a Closed Meeting on Thursday, July 
14, 2016 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the Closed Meeting. 
Certain staff members who have an interest in the matters also may be 
present.
    The General Counsel of the Commission, or her designee, has 
certified that, in her opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 
200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit 
consideration of the scheduled matter at the Closed Meeting.
    Commissioner Piwowar, as duty officer, voted to consider the items 
listed for the Closed Meeting in closed session.
    The subject matter of the Closed Meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Adjudicatory matters;
    Opinion; and
    Other matters relating to enforcement proceedings.

[[Page 45196]]

    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact Brent J. Fields from 
the Office of the Secretary at (202) 551-5400.

    Dated: July 7, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-16497 Filed 7-8-16; 11:15 am]
 BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices                                                 45195

                                                  attractiveness as a venue for trading                     believe that the proposed rule change                 available for Web site viewing and
                                                  securities.                                               raises any new or novel issues.                       printing in the Commission’s Public
                                                                                                            Accordingly, the Commission hereby                    Reference Room, 100 F Street NE.,
                                                  C. Self-Regulatory Organization’s
                                                                                                            waives the 30-day operative delay and                 Washington, DC 20549, on official
                                                  Statement on Comments on the
                                                                                                            designates the proposed rule change as                business days between the hours of
                                                  Proposed Rule Change Received From
                                                                                                            operative upon filing.10                              10:00 a.m. and 3:00 p.m. Copies of the
                                                  Members, Participants, or Others                             At any time within 60 days of the                  filing also will be available for
                                                    Written comments were neither                           filing of the proposed rule change, the               inspection and copying at the principal
                                                  solicited nor received.                                   Commission summarily may                              office of the Exchange. All comments
                                                  III. Date of Effectiveness of the                         temporarily suspend such rule change if               received will be posted without change;
                                                  Proposed Rule Change and Timing for                       it appears to the Commission that such                the Commission does not edit personal
                                                  Commission Action                                         action is necessary or appropriate in the             identifying information from
                                                                                                            public interest, for the protection of                submissions. You should submit only
                                                     Because the foregoing proposed rule                    investors, or otherwise in furtherance of             information that you wish to make
                                                  change: (i) Does not significantly affect                 the purposes of the Act. If the                       available publicly. All submissions
                                                  the protection of investors or the public                 Commission takes such action, the                     should refer to File Number SR–PHLX–
                                                  interest; (ii) does not impose any                        Commission shall institute proceedings                2016–70, and should be submitted on or
                                                  significant burden on competition; and                    to determine whether the proposed rule                before August 2, 2016.
                                                  (iii) by its terms, does not become                       should be approved or disapproved.
                                                  operative for 30 days from the date on                                                                            For the Commission, by the Division of
                                                  which it was filed, or such shorter time                  IV. Solicitation of Comments                          Trading and Markets, pursuant to delegated
                                                                                                                                                                  authority.11
                                                  as the Commission may designate, it has                     Interested persons are invited to
                                                  become effective pursuant to section                      submit written data, views, and                       Brent J. Fields,
                                                  19(b)(3)(A) of the Act and Rule 19b–                      arguments concerning the foregoing,                   Secretary.
                                                  4(f)(6) thereunder.6                                      including whether the proposed rule                   [FR Doc. 2016–16376 Filed 7–11–16; 8:45 am]
                                                     A proposed rule change filed under                     change is consistent with the Act.                    BILLING CODE 8011–01–P
                                                  Rule 19b–4(f)(6) normally does not                        Comments may be submitted by any of
                                                  become operative for 30-days from the                     the following methods:
                                                  date of filing. However, Rule 19b–                                                                              SECURITIES AND EXCHANGE
                                                                                                            Electronic Comments                                   COMMISSION
                                                  4(f)(6)(iii) 7 permits the Commission to
                                                  designate a shorter time if such action                     • Use the Commission’s Internet
                                                  is consistent with the protection of                      comment form (http://www.sec.gov/                     Sunshine Act Meeting
                                                  investors and the public interest. The                    rules/sro.shtml); or                                     Notice is hereby given, pursuant to
                                                  Exchange has asked the Commission to                        • Send an email to rule-
                                                                                                                                                                  the provisions of the Government in the
                                                  waive the 30-day operative delay so that                  comments@sec.gov. Please include File
                                                                                                                                                                  Sunshine Act, Public Law 94–409, that
                                                  it may implement the proposed rule                        Number SR–PHLX–2016–70 on the
                                                                                                                                                                  the Securities and Exchange
                                                  change on July 11, 2016,                                  subject line.
                                                                                                                                                                  Commission will hold a Closed Meeting
                                                  contemporaneously with a similar                          Paper Comments                                        on Thursday, July 14, 2016 at 2 p.m.
                                                  Nasdaq rule that was previously                                                                                    Commissioners, Counsel to the
                                                                                                              • Send paper comments in triplicate
                                                  approved by the Commission 8 and a                                                                              Commissioners, the Secretary to the
                                                                                                            to Secretary, Securities and Exchange
                                                  virtually identical proposed rule change                                                                        Commission, and recording secretaries
                                                                                                            Commission, 100 F Street NE.,
                                                  submitted by NASDAQ BX, Inc.9                                                                                   will attend the Closed Meeting. Certain
                                                     The Commission believes that                           Washington, DC 20549–1090.
                                                                                                            All submissions should refer to File                  staff members who have an interest in
                                                  waiving the 30-day operative delay is                                                                           the matters also may be present.
                                                  consistent with the protection of                         Number SR–PHLX–2016–70. This file
                                                                                                                                                                     The General Counsel of the
                                                  investors and the public interest. The                    number should be included on the
                                                                                                                                                                  Commission, or her designee, has
                                                  Exchange proposes to modify the way in                    subject line if email is used. To help the
                                                                                                                                                                  certified that, in her opinion, one or
                                                  which orders are accepted prior to the                    Commission process and review your
                                                                                                                                                                  more of the exemptions set forth in 5
                                                  commencement of trading for securities                    comments more efficiently, please use
                                                                                                                                                                  U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
                                                  that are subject to a trading halt. The                   only one method. The Commission will
                                                                                                                                                                  and 17 CFR 200.402(a)(3), (a)(5), (a)(7),
                                                  Exchange notes that the current                           post all comments on the Commission’s
                                                                                                                                                                  (a)(9)(ii) and (a)(10), permit
                                                  functionality for accepting orders prior                  Internet Web site (http://www.sec.gov/
                                                                                                                                                                  consideration of the scheduled matter at
                                                  to the Exchange releasing the security                    rules/sro.shtml). Copies of the
                                                                                                                                                                  the Closed Meeting.
                                                  for trading is used infrequently and                      submission, all subsequent
                                                                                                                                                                     Commissioner Piwowar, as duty
                                                  therefore the proposed rule change will                   amendments, all written statements
                                                                                                                                                                  officer, voted to consider the items
                                                  have little impact on its customers.                      with respect to the proposed rule
                                                                                                                                                                  listed for the Closed Meeting in closed
                                                  Further, the Commission does not                          change that are filed with the
                                                                                                                                                                  session.
                                                                                                            Commission, and all written                              The subject matter of the Closed
                                                     6 17 CFR 240.19b–4(f)(6). Furthermore, Rule 19b–       communications relating to the                        Meeting will be:
                                                  4(f)(6)(iii) requires a self-regulatory organization to   proposed rule change between the                         Institution and settlement of
                                                  give the Commission written notice of its intent to       Commission and any person, other than
                                                  file a proposed rule change, along with a brief                                                                 injunctive actions;
                                                                                                            those that may be withheld from the
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                                                  description and text of the proposed rule change at                                                                Institution and settlement of
                                                  least five business days prior to the date of filing,     public in accordance with the                         administrative proceedings;
                                                  or such shorter time as designated by the                 provisions of 5 U.S.C. 552, will be                      Adjudicatory matters;
                                                  Commission. The Exchange has provided such
                                                  notice.
                                                                                                                                                                     Opinion; and
                                                                                                               10 For purposes only of waiving the 30-day
                                                     7 17 CFR 240.19b–4(f)(6)(iii).                                                                                  Other matters relating to enforcement
                                                                                                            operative delay, the Commission has also
                                                     8 See supra note 3.
                                                                                                            considered the proposed rule’s impact on              proceedings.
                                                     9 See SR–BX–2016–033 submitted on June 22,             efficiency, competition, and capital formation. See
                                                  2016.                                                     15 U.S.C. 78c(f).                                       11 17   CFR 200.30–3(a)(12).



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                                                  45196                              Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices

                                                    At times, changes in Commission                         II. Self-Regulatory Organization’s                       to price, and if there are two or more
                                                  priorities require alterations in the                     Statement of the Purpose of, and                         orders at the best price, then trades are
                                                  scheduling of meeting items.                              Statutory Basis for, the Proposed Rule                   allocated proportionally according to
                                                    For further information and to                          Change                                                   size (in a pro rata fashion). Executable
                                                  ascertain what, if any, matters have been                   In its filing with the Commission, the                 quantity is allocated to the nearest
                                                  added, deleted or postponed, please                       Exchange included statements                             whole number, with fractions 1⁄2 or
                                                  contact Brent J. Fields from the Office of                concerning the purpose of and basis for                  greater rounded up and fractions less
                                                  the Secretary at (202) 551–5400.                          the proposed rule change and discussed                   than 1⁄2 rounded down. If there are two
                                                                                                            any comments it received on the                          market participants that both are
                                                    Dated: July 7, 2016.                                                                                             entitled to an additional 1⁄2 contract and
                                                                                                            proposed rule change. The text of these
                                                  Brent J. Fields,                                          statements may be examined at the                        there is only one contract remaining to
                                                  Secretary.                                                places specified in Item IV below. The                   be distributed, the additional contract
                                                  [FR Doc. 2016–16497 Filed 7–8–16; 11:15 am]               Exchange has prepared summaries, set                     will be distributed to the participant
                                                                                                            forth in sections A, B, and C below, of                  whose quote or order has time priority.
                                                  BILLING CODE 8011–01–P
                                                                                                            the most significant aspects of such                     This is consistent with System
                                                                                                            statements.                                              functionality; however, it represents
                                                  SECURITIES AND EXCHANGE                                                                                            only one example (a situation in which
                                                                                                            A. Self-Regulatory Organization’s                        there are two market participants and
                                                  COMMISSION
                                                                                                            Statement of the Purpose of, and                         only one remaining contract) rather than
                                                                                                            Statutory Basis for, the Proposed Rule                   a general rule regarding allocations of
                                                  [Release No. 34–78235; File No. SR–C2–                    Change                                                   contracts that cannot be allocated
                                                  2016–010]                                                                                                          proportionally in whole numbers. For
                                                                                                            1. Purpose
                                                                                                                                                                     example, three market participants may
                                                  Self-Regulatory Organizations; C2                           The proposed rule change amends                        be entitled to an additional fraction of
                                                  Options Exchange, Incorporated;                           C2’s execution and priority rules to                     a contract.
                                                  Notice of Filing and Immediate                            more accurately reflect current System
                                                  Effectiveness of a Proposed Rule                                                                                      The proposed rule change amends
                                                                                                            functionality and make other technical                   this provision to state if there are two or
                                                  Change To Amend Rules Related to                          and nonsubstantive changes. First, the
                                                  Execution and Priority                                                                                             more resting orders or quotes at the best
                                                                                                            proposed rule change amends Rule                         price, then the System allocates
                                                                                                            6.12(a) to provide the price-time and pro                contracts from an incoming order or
                                                  July 6, 2016.
                                                                                                            rata priority algorithms apply to orders                 quote to resting orders and quotes
                                                     Pursuant to Section 19(b)(1) of the                    and quotes. The current rule text states                 sequentially in the order in which the
                                                  Securities Exchange Act of 1934                           these trading priority allocations apply                 System received them (i.e., according to
                                                  (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                   only to orders; however, the System                      time) proportionally according to size
                                                  notice is hereby given that, on June 29,                  applies these rules of trading priority to               (i.e., on a pro rata basis). The System
                                                  2016, C2 Options Exchange,                                resting orders and quotes, which is                      allocates contracts to the first resting
                                                  Incorporated (‘‘C2’’ or ‘‘Exchange’’) filed               consistent with the Exchange’s intention                 order or quote proportionally according
                                                  with the Securities and Exchange                          and, the Exchange believes,                              to size (based on the number of
                                                  Commission (‘‘Commission’’) the                           Participants’ expectations.5 Resting                     contracts to be allocated and the size of
                                                  proposed rule change as described in                      quotes may trade with incoming orders                    the resting orders and quotes). Then, the
                                                  Items I, II, and III, below, which Items                  in the same manner as resting orders,                    System recalculates the number of
                                                  have been prepared by the Exchange.                       and the proposed rule change merely                      contracts to which each remaining
                                                  The Exchange filed the proposal as a                      updates the rule text to explicitly state                resting order and quote is afforded
                                                  ‘‘non-controversial’’ proposed rule                       this. The proposed rule change also                      proportionally according to size (based
                                                  change pursuant to Section                                makes nonsubstantive changes to Rule                     on the number of remaining contracts to
                                                  19(b)(3)(A)(iii) of the Act 3 and Rule                    6.12(a), including correcting                            be allocated and the size of the
                                                  19b–4(f)(6) thereunder.4 The                              punctuation and using consistent                         remaining resting quotes and orders)
                                                  Commission is publishing this notice to                   language in both subparagraphs (1) and                   and allocates contracts to the next
                                                  solicit comments on the proposed rule                     (2).6                                                    resting order or quote. The System
                                                  change from interested persons.                             Second, the proposed rule change                       repeats this process until it allocates all
                                                                                                            amends Rule 6.12(a)(2) to add detail                     contracts from the incoming order or
                                                  I. Self-Regulatory Organization’s                         regarding how the System distributes
                                                  Statement of the Terms of Substance of                                                                             quote. The System rounds fractions 1⁄2
                                                                                                            contracts pursuant to the pro-rata                       or greater up and fractions less than 1⁄2
                                                  the Proposed Rule Change                                  algorithm and rounds fractions of                        down prior to each allocation. This
                                                                                                            contracts. Current Rule 6.12(a)(2) states                proposed provision is consistent with
                                                    The Exchange proposes to amend its
                                                                                                            resting orders are prioritized according                 the current rule that states contracts are
                                                  rules related to execution and priority.
                                                  The text of the proposed rule change is                     5 Previous rule filings state these rules of trading
                                                                                                                                                                     distributed to quotes and orders in time
                                                  available on the Exchange’s Web site                      priority apply to the allocation of both resting         priority. It adds detail regarding the
                                                  (http://www.cboe.com/AboutCBOE/                           orders and quotes. See, e.g., SR–C2–2010–005.            sequential nature of the allocation
                                                  CBOELegalRegulatoryHome.aspx), at                         Additionally, Rule 6.12(a)(2) states an additional       process and applies the provision to
                                                                                                            contract (if contracts cannot be distributed equally     situations in which any number of
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                                                  the Exchange’s Office of the Secretary,                   among Participants) will be distributed to the
                                                  and at the Commission’s Public                            Participant whose quote or order has time priority,      orders or quotes may be entitled to non-
                                                  Reference Room.                                           supporting the rule’s applicability to orders and        whole numbers of contracts. The
                                                                                                            quotes.                                                  Exchange believes this is a fair,
                                                                                                              6 The proposed rule change similarly amends
                                                    1 15 U.S.C. 78s(b)(1).                                                                                           objective process and simple systematic
                                                                                                            Rules 6.12(b)(1), 6.12(h), 6.16, 6.18(d), 6.34(d), and
                                                    2 17 CFR 240.19b–4.                                     6.51(b)(2)(B) to include references to quotes in rule
                                                                                                                                                                     process to allocate ‘‘extra’’ contracts
                                                    3 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                            provisions that currently only reference orders but      when more than one market participant
                                                    4 17 CFR 240.19b–4(f)(6).                               also apply in the same manner to quotes.                 may be entitled to those extra contracts


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Document Created: 2016-07-12 01:59:30
Document Modified: 2016-07-12 01:59:30
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 45195 

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