81_FR_48629 81 FR 48487 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Nasdaq Rule 7018

81 FR 48487 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Nasdaq Rule 7018

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 142 (July 25, 2016)

Page Range48487-48490
FR Document2016-17443

Federal Register, Volume 81 Issue 142 (Monday, July 25, 2016)
[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Pages 48487-48490]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17443]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78354; File No. SR-NASDAQ-2016-102]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend Nasdaq Rule 7018

July 19, 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 July 13, 2016, The NASDAQ Stock Market LLC (``Nasdaq'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') a proposed rule change as described in 
Items I, II and III below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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    \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

    Nasdaq is proposing changes to amend Nasdaq Rule 7018(a) to: (i) 
Amend the consolidated volume (``Consolidated Volume'') requirement for 
a credit tier for providing liquidity in securities of all three Tapes; 
(ii) delete a credit tier for providing liquidity in securities of all 
three Tapes; and (iii) provide a new credit for providing liquidity in 
securities of all three Tapes.
    The text of the proposed rule change is available at 
nasdaq.cchwallstreet.com, at Nasdaq's principal office, and at the 
Commission's Public Reference Room.

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

    In its filing with the Commission, Nasdaq included statements 
concerning the purpose of, and basis for, the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of those statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant parts of such 
statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend certain credits 
for the use of the order execution and routing services of the Nasdaq 
Market Center by members for all securities priced at $1 or more that 
it trades.
    Specifically, the Exchange proposes to amend Nasdaq Rule 
7018(a)(1), (2), and (3) to: (i) Amend the Consolidated Volume 
requirement for a credit tier for providing liquidity in securities of 
all three Tapes; \3\ (ii) delete a credit tier for providing liquidity 
in securities of all three Tapes; and (iii) provide a new credit for 
providing liquidity in securities of all three Tapes.
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    \3\ There are three Tapes, which are based on the listing venue 
of the security: Tape C securities are Nasdaq-listed; Tape A 
securities are New York Stock Exchange (``NYSE'')-listed; and Tape B 
securities are listed on exchanges other than Nasdaq and NYSE.
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First Change
    The purpose of the first change is to increase the Consolidated 
Volume requirement for accessing liquidity in an existing credit tier. 
Currently, the credit tier requires a member to access more than 0.65% 
of Consolidated Volume through one or more of its Nasdaq Market Center 
MPIDs, provided that the member also provides a daily average of

[[Page 48488]]

at least 2 million shares of liquidity in all securities during the 
month. The Exchange is proposing to increase the required Consolidated 
Volume requirement to more than 0.80%. The current credit will remain 
as $0.0029 per share executed. The Consolidated Volume requirement will 
be increased as stated above for all three Tapes.
    Increasing the Consolidated Volume criteria will require members to 
access more liquidity to receive the $0.0029 per share executed credit 
tier, but the Exchange believes that the members that want to avail 
themselves of this credit tier will be able to meet the increased 
Consolidated Volume requirement. Increasing the amount of liquidity 
accessed should be beneficial to other members as more of their resting 
limit orders may be accessed by members seeking to attain this credit 
tier.
Second Change
    The purpose of the second change is to delete the credit tier of 
$0.0030 per share executed for a member with shares of liquidity 
provided in all securities during the month representing more than 
0.20% of Consolidated Volume during the month, through one or more of 
its Nasdaq Market Center MPIDs and that qualifies for the additional 
$0.05 per contract credit under Note c(3) of Nasdaq Options Market 
(``NOM'') Chapter XV Section 2(1) in securities of all three Tapes.
    No market participants qualified for this credit tier recently, 
thus rendering it ineffective as acting as an incentive. However, since 
the Exchange is limited in the amount of credits that it can provide to 
market participants and even though no market participants currently 
qualify for this credit tier, this can easily shift from month to month 
so Nasdaq is proposing to delete it. Nasdaq must be selective in 
providing credits to members, and allocates credits to where it 
believes it will receive the best result in terms of improvement to 
market quality. The Exchange believes that eliminating this credit tier 
for all three Tapes is the only way to ensure that it will not going 
forward impact the overall balance of credits and fees.
Third Change
    The purpose of the third change is to provide an additional credit 
to members that provide liquidity. Currently, the Exchange provides 
several credits under Rules 7018(a)(1), (2), and (3), each of which 
apply to securities of a different Tape, in return for market-improving 
behavior. The Exchange is proposing to add a new credit tier of $0.0027 
per share executed for a member that has shares of liquidity provided 
in all securities during the month representing more than 0.10% of 
Consolidated Volume during the month, through one or more of its Nasdaq 
Market Center MPIDs, and that adds Customer,\4\ Professional,\5\ 
Firm,\6\ Non-NOM Market Maker \7\ and/or Broker-Dealer \8\ liquidity in 
Non-Penny Pilot Options of 0.40% or more of total industry average 
daily volume (``ADV'') in the customer clearing range for Equity and 
exchange-traded fund (``ETF'') option contracts per day in a month on 
the NOM.
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    \4\ The term ``Customer'' or (``C'') applies to any transaction 
that is identified by a Participant for clearing in the Customer 
range at The Options Clearing Corporation (``OCC'') which is not for 
the account of broker or dealer or for the account of a 
``Professional'' (as that term is defined in Chapter I, Section 
1(a)(48)).
    \5\ The term ``Professional'' or (``P'') means any person or 
entity that (i) is not a broker or dealer in securities, and (ii) 
places more than 390 orders in listed options per day on average 
during a calendar month for its own beneficial account(s) pursuant 
to Chapter I, Section 1(a)(48). All Professional orders shall be 
appropriately marked by Participants.
    \6\ The term ``Firm'' or (``F'') applies to any transaction that 
is identified by a Participant for clearing in the Firm range at 
OCC.
    \7\ The term ``NOM Market Maker'' or (``M'') is a Participant 
that has registered as a Market Maker on NOM pursuant to Chapter 
VII, Section 2, and must also remain in good standing pursuant to 
Chapter VII, Section 4. In order to receive NOM Market Maker pricing 
in all securities, the Participant must be registered as a NOM 
Market Maker in at least one security.
    \8\ The term ``Broker-Dealer'' or (``B'') applies to any 
transaction which is not subject to any of the other transaction 
fees applicable within a particular category.
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    As a general principle, the Exchange chooses to offer credits to 
members in return for market improving behavior. Under Rule 7018(a), 
the various credits the Exchange provides for members require them to 
significantly contribute to market quality by providing certain levels 
of Consolidated Volume through one or more of its Nasdaq Market Center 
MPIDs, and volume on NOM. The Exchange believes that by adding more in 
Non-Penny names on NOM that the market for these options on NOM will 
improve and the Exchange seeks to encourage such behavior.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\9\ in general, and furthers the objectives of Sections 
6(b)(4) and 6(b)(5) of the Act,\10\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees, and other 
charges among members and issuers and other persons using any facility 
or system which the Exchange operates or controls, and is not designed 
to permit unfair discrimination between customers, issuers, brokers, or 
dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

First Change
    The Exchange believes that this proposed amendment to the 
requirements of an existing credit tier provided in securities of all 
three Tapes is reasonable because it amends a measure of activity with 
another, both of which represent a significant contribution to that 
market. Specifically, the Exchange is increasing the requirement that a 
member with shares of liquidity accessed in all securities through one 
or more of its Nasdaq Market Center MPIDs representing more than 0.65% 
of Consolidated Volume during the month. The Exchange is proposing to 
increase the monthly Consolidated Volume requirement from more than 
0.65% to more than 0.80%. The member must also provide a daily average 
of at least 2 million shares of liquidity in all securities through one 
or more of its Nasdaq Market Center MPIDs during the month along with 
the required shares of liquidity accessed.
    The Exchange believes that the proposed amendment to the 
requirements of an existing credit tier provided in securities of all 
three Tapes is an equitable allocation and is not unfairly 
discriminatory because the Exchange will apply the same $0.0029 per 
share executed credit to all similarly situated members. Thus, if a 
member meets the requirements, it will receive the credit. Also, and as 
previously discussed, Nasdaq believes that although increasing the 
Consolidated Volume criteria will require members to access more 
liquidity to receive the $0.0029 per share executed credit tier, 
members seeking to achieve this credit tier will be able to meet the 
increased Consolidated Volume requirement. Increasing the amount of 
liquidity accessed should be beneficial to other members as their 
resting limit orders may be accessed by members seeking to attain this 
credit tier.
Second Change
    The Exchange believes that the proposed changes to delete a credit 
tier for a member with shares of liquidity provided in all securities 
during the month representing more than 0.20% of Consolidated Volume 
during the month, through one or more of its Nasdaq Market Center MPIDs 
and that qualifies for the additional $0.05 per contract credit under 
Note c(3) of NOM Chapter XV Section 2(1) in securities of all three 
Tapes is reasonable because the Exchange must, from time to time, 
adjust the level of credits provided, and

[[Page 48489]]

the criteria required to receive them, to provide the most efficient 
allocation of credits in terms of market improving behavior.
    Specifically, with regard to the eliminated $0.0030 per share 
executed credit tier, as discussed previously, Nasdaq observed that no 
market participants qualified for this credit tier recently, thus 
rendering it ineffective as acting as an incentive. The Exchange is 
limited in the amount of credits that it can provide to market 
participants so even though no market participants currently qualified 
for this credit tier, this can easily shift from month to month. Nasdaq 
must be selective in providing credits to members, and allocates 
credits to where it believes it will receive the best result in terms 
of improvement to market quality. The Exchange believes that it is 
reasonable to eliminate this credit tier as the only way to ensure that 
it will not going forward impact the overall balance of credits and 
fees.
    The Exchange believes that the proposed change to delete the credit 
tier described above in Rule 7018(a) is an equitable allocation and is 
not unfairly discriminatory because the Exchange will eliminate the 
same credit for all similarly situated members. The credits Nasdaq 
provides are designed to improve market quality for all market 
participants, and Nasdaq allocates its credits in a manner that it 
believes are the most likely to achieve that result. Elimination of the 
existing credit tier under the rule is an equitable allocation and is 
not unfairly discriminatory because no participants qualified under 
this credit tier, therefore, its elimination will not impact any 
members.
Third Change
    The Exchange believes that the proposed rule change to add a new 
credit tier of $0.0027 per share executed is reasonable because it is 
consistent with other credits that the Exchange provides to members 
that provide liquidity. As discussed previously, as a general principle 
the Exchange chooses to offer credits to members in return for market 
improving behavior. Under Rule 7018(a), the various credits the 
Exchange provides for members require them to significantly contribute 
to market quality by providing certain levels of Consolidated Volume 
through one or more of its Nasdaq Market Center MPIDs, and volume on 
NOM. The proposed credit will be provided to members that not only 
contribute to the Exchange by providing more than 0.10% of Consolidated 
Volume through one or more of its Nasdaq Market Center MPIDs during the 
month, but also adds Customer, Professional, Firm, Non-NOM Market Maker 
and/or Broker-Dealer liquidity in Non-Penny Pilot Options of 0.40% or 
more of total industry ADV in the customer clearing range for Equity 
and ETF option contracts per day in a month on the NOM.
    The Exchange believes that the proposed new credit tier is 
reasonable because although it provides for a lower credit than some 
other NOM-linked credit tiers, it also has a corresponding lower 
Consolidated Volume threshold of 0.10%. Also, the proposed new credit 
tier specifically requires adding liquidity in Non-Penny Pilot 
Options.\11\ Currently, the credit tier referencing the NOM fee 
schedule that is being deleted in the Second Change (described above) 
also has a Non-Penny liquidity component as part of the criteria, so 
using liquidity in Non-Penny Pilot Options as a tiering criteria is not 
novel.
---------------------------------------------------------------------------

    \11\ See NOM Chapter XV, Note c(3)(b) to Section 2(1), which 
also supports members to add Customer, Professional, Firm, Non-NOM 
Market Maker and/or Broker-Dealer liquidity in Non-Penny Pilot 
Options.
---------------------------------------------------------------------------

    The Exchange believes that the proposed $0.0027 per share executed 
credit is an equitable allocation and is not unfairly discriminatory 
because the Exchange will apply the same credit to all similarly 
situated members. Thus, if a member meets the requirements, it will 
receive the credit. A member achieving this credit tier will be 
providing liquidity in less liquid options classes (i.e., Non-Penny 
names). The Exchange believes that by adding more in Non-Penny names on 
NOM that the market for these options on NOM will improve and the 
Exchange seeks to encourage such behavior.

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. In terms of inter-market 
competition, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing venues if they deem fee levels at a particular venue to be 
excessive, or rebate opportunities available at other venues to be more 
favorable. In such an environment, the Exchange must continually adjust 
its fees to remain competitive with other exchanges and with 
alternative trading systems that have been exempted from compliance 
with the statutory standards applicable to exchanges. Because 
competitors are free to modify their own fees in response, and because 
market participants may readily adjust their order routing practices, 
the Exchange believes that the degree to which fee changes in this 
market may impose any burden on competition is extremely limited.
    In this instance, the changes to the credits provided for the use 
of the order execution and routing services of the Nasdaq Market Center 
by members for all securities priced at $1 or more that it trades are 
reflective of the intense competition among trading venues in capturing 
order flow. Moreover, the proposed changes do not impose a burden on 
competition because Exchange membership is optional and is also the 
subject of competition from other trading venues. For these reasons, 
the Exchange does not believe that any of the proposed changes will 
impair the ability of members or competing order execution venues to 
maintain their competitive standing in the financial markets. Moreover, 
because there are numerous competitive alternatives to the use of the 
Exchange, it is likely that the Exchange will lose market share as a 
result of the changes if they are unattractive to market participants.

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

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act.\12\ At any time within 60 days of the 
filing of the proposed rule change, the Commission summarily may 
temporarily suspend such rule change if it appears to the Commission 
that such action is necessary or appropriate in the public interest, 
for the protection of investors, or otherwise in furtherance of the 
purposes of the Act.
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    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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

[[Page 48490]]

     Send an email to [email protected]. Please include 
File Number SR-NASDAQ-2016-102 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-NASDAQ-2016-102. 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-NASDAQ-2016-102, and should 
be submitted on or before August 15, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-17443 Filed 7-22-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                  Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices                                                      48487

                                                  C. Self-Regulatory Organization’s                        proposed rule change between the                        (‘‘Consolidated Volume’’) requirement
                                                  Statement on Comments on the                             Commission and any person, other than                   for a credit tier for providing liquidity
                                                  Proposed Rule Change Received From                       those that may be withheld from the                     in securities of all three Tapes; (ii)
                                                  Members, Participants, or Others                         public in accordance with the                           delete a credit tier for providing
                                                    No written comments were either                        provisions of 5 U.S.C. 552, will be                     liquidity in securities of all three Tapes;
                                                  solicited or received.                                   available for Web site viewing and                      and (iii) provide a new credit for
                                                                                                           printing in the Commission’s Public                     providing liquidity in securities of all
                                                  III. Date of Effectiveness of the                        Reference Room, 100 F Street NE.,                       three Tapes.
                                                  Proposed Rule Change and Timing for                      Washington, DC 20549, on official                          The text of the proposed rule change
                                                  Commission Action                                        business days between the hours of                      is available at
                                                     The foregoing rule change has become                  10:00 a.m. and 3:00 p.m. Copies of the                  nasdaq.cchwallstreet.com, at Nasdaq’s
                                                  effective pursuant to Section                            filing also will be available for                       principal office, and at the
                                                  19(b)(3)(A)(ii) of the Act.10                            inspection and copying at the principal                 Commission’s Public Reference Room.
                                                     At any time within 60 days of the                     office of the Exchange. All comments                    II. Self-Regulatory Organization’s
                                                  filing of the proposed rule change, the                  received will be posted without change;                 Statement of the Purpose of, and
                                                  Commission summarily may                                 the Commission does not edit personal                   Statutory Basis for, the Proposed Rule
                                                  temporarily suspend such rule change if                  identifying information from                            Change
                                                  it appears to the Commission that such                   submissions. You should submit only
                                                                                                           information that you wish to make                          In its filing with the Commission,
                                                  action is: (i) Necessary or appropriate in
                                                                                                           available publicly. All submissions                     Nasdaq included statements concerning
                                                  the public interest; (ii) for the protection
                                                                                                           should refer to File Number SR–BX–                      the purpose of, and basis for, the
                                                  of investors; or (iii) otherwise in
                                                                                                           2016–043, and should be submitted on                    proposed rule change and discussed any
                                                  furtherance of the purposes of the Act.
                                                                                                           or before August 15, 2016.                              comments it received on the proposed
                                                  If the Commission takes such action, the
                                                                                                                                                                   rule change. The text of those
                                                  Commission shall institute proceedings                     For the Commission, by the Division of
                                                                                                           Trading and Markets, pursuant to delegated
                                                                                                                                                                   statements may be examined at the
                                                  to determine whether the proposed rule
                                                                                                           authority.11                                            places specified in Item IV below. The
                                                  should be approved or disapproved.                                                                               Exchange has prepared summaries, set
                                                                                                           Robert W. Errett,
                                                  IV. Solicitation of Comments                                                                                     forth in sections A, B, and C below, of
                                                                                                           Deputy Secretary.
                                                    Interested persons are invited to                                                                              the most significant parts of such
                                                                                                           [FR Doc. 2016–17448 Filed 7–22–16; 8:45 am]
                                                  submit written data, views, and                                                                                  statements.
                                                                                                           BILLING CODE 8011–01–P
                                                  arguments concerning the foregoing,                                                                              A. Self-Regulatory Organization’s
                                                  including whether the proposed rule                                                                              Statement of the Purpose of, and
                                                  change is consistent with the Act.                       SECURITIES AND EXCHANGE                                 Statutory Basis for, the Proposed Rule
                                                  Comments may be submitted by any of                      COMMISSION                                              Change
                                                  the following methods:
                                                                                                           [Release No. 34–78354; File No. SR–                     1. Purpose
                                                  Electronic Comments                                      NASDAQ–2016–102]
                                                                                                                                                                      The purpose of the proposed rule
                                                    • Use the Commission’s Internet                        Self-Regulatory Organizations; The                      change is to amend certain credits for
                                                  comment form (http://www.sec.gov/                        NASDAQ Stock Market LLC; Notice of                      the use of the order execution and
                                                  rules/sro.shtml); or                                     Filing and Immediate Effectiveness of                   routing services of the Nasdaq Market
                                                    • Send an email to rule-comments@                      Proposed Rule Change To Amend                           Center by members for all securities
                                                  sec.gov. Please include File Number SR–                  Nasdaq Rule 7018                                        priced at $1 or more that it trades.
                                                  BX–2016–043 on the subject line.                                                                                    Specifically, the Exchange proposes to
                                                                                                           July 19, 2016.                                          amend Nasdaq Rule 7018(a)(1), (2), and
                                                  Paper Comments
                                                                                                              Pursuant to Section 19(b)(1) of the                  (3) to: (i) Amend the Consolidated
                                                    • Send paper comments in triplicate                    Securities Exchange Act of 1934                         Volume requirement for a credit tier for
                                                  to Secretary, Securities and Exchange                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 providing liquidity in securities of all
                                                  Commission, 100 F Street NE.,                            notice is hereby given that on July 13,                 three Tapes; 3 (ii) delete a credit tier for
                                                  Washington, DC 20549–1090.                               2016, The NASDAQ Stock Market LLC                       providing liquidity in securities of all
                                                  All submissions should refer to File                     (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the             three Tapes; and (iii) provide a new
                                                  Number SR–BX–2016–043. This file                         Securities and Exchange Commission                      credit for providing liquidity in
                                                  number should be included on the                         (‘‘SEC’’ or ‘‘Commission’’) a proposed                  securities of all three Tapes.
                                                  subject line if email is used. To help the               rule change as described in Items I, II                 First Change
                                                  Commission process and review your                       and III below, which Items have been
                                                  comments more efficiently, please use                    prepared by the Exchange. The                              The purpose of the first change is to
                                                  only one method. The Commission will                     Commission is publishing this notice to                 increase the Consolidated Volume
                                                  post all comments on the Commission’s                    solicit comments on the proposed rule                   requirement for accessing liquidity in an
                                                  Internet Web site (http://www.sec.gov/                   change from interested persons.                         existing credit tier. Currently, the credit
                                                  rules/sro.shtml). Copies of the                                                                                  tier requires a member to access more
                                                  submission, all subsequent                               I. Self-Regulatory Organization’s                       than 0.65% of Consolidated Volume
                                                  amendments, all written statements                       Statement of the Terms of the Substance                 through one or more of its Nasdaq
                                                                                                           of the Proposed Rule Change                             Market Center MPIDs, provided that the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  with respect to the proposed rule
                                                  change that are filed with the                              Nasdaq is proposing changes to                       member also provides a daily average of
                                                  Commission, and all written                              amend Nasdaq Rule 7018(a) to: (i)
                                                                                                                                                                      3 There are three Tapes, which are based on the
                                                  communications relating to the                           Amend the consolidated volume
                                                                                                                                                                   listing venue of the security: Tape C securities are
                                                                                                                                                                   Nasdaq-listed; Tape A securities are New York
                                                                                                                11 17 CFR 200.30–3(a)(12).
                                                  (‘‘BATS’’) and The NASDAQ Options Market LLC                                                                     Stock Exchange (‘‘NYSE’’)-listed; and Tape B
                                                  (‘‘NOM’’).                                                    1 15 U.S.C. 78s(b)(1).                             securities are listed on exchanges other than Nasdaq
                                                     10 15 U.S.C. 78s(b)(3)(A)(ii).                             2 17 CFR 240.19b–4.                                and NYSE.



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                                                  48488                           Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices

                                                  at least 2 million shares of liquidity in                shares of liquidity provided in all                      controls, and is not designed to permit
                                                  all securities during the month. The                     securities during the month                              unfair discrimination between
                                                  Exchange is proposing to increase the                    representing more than 0.10% of                          customers, issuers, brokers, or dealers.
                                                  required Consolidated Volume                             Consolidated Volume during the month,
                                                                                                                                                                    First Change
                                                  requirement to more than 0.80%. The                      through one or more of its Nasdaq
                                                  current credit will remain as $0.0029                    Market Center MPIDs, and that adds                          The Exchange believes that this
                                                  per share executed. The Consolidated                     Customer,4 Professional,5 Firm,6 Non-                    proposed amendment to the
                                                  Volume requirement will be increased                     NOM Market Maker 7 and/or Broker-                        requirements of an existing credit tier
                                                  as stated above for all three Tapes.                     Dealer 8 liquidity in Non-Penny Pilot                    provided in securities of all three Tapes
                                                     Increasing the Consolidated Volume                    Options of 0.40% or more of total                        is reasonable because it amends a
                                                  criteria will require members to access                  industry average daily volume (‘‘ADV’’)                  measure of activity with another, both of
                                                  more liquidity to receive the $0.0029                    in the customer clearing range for                       which represent a significant
                                                  per share executed credit tier, but the                  Equity and exchange-traded fund                          contribution to that market. Specifically,
                                                  Exchange believes that the members that                  (‘‘ETF’’) option contracts per day in a                  the Exchange is increasing the
                                                  want to avail themselves of this credit                  month on the NOM.                                        requirement that a member with shares
                                                  tier will be able to meet the increased                     As a general principle, the Exchange                  of liquidity accessed in all securities
                                                  Consolidated Volume requirement.                         chooses to offer credits to members in                   through one or more of its Nasdaq
                                                  Increasing the amount of liquidity                       return for market improving behavior.                    Market Center MPIDs representing more
                                                  accessed should be beneficial to other                   Under Rule 7018(a), the various credits                  than 0.65% of Consolidated Volume
                                                  members as more of their resting limit                   the Exchange provides for members                        during the month. The Exchange is
                                                  orders may be accessed by members                        require them to significantly contribute                 proposing to increase the monthly
                                                  seeking to attain this credit tier.                      to market quality by providing certain                   Consolidated Volume requirement from
                                                                                                           levels of Consolidated Volume through                    more than 0.65% to more than 0.80%.
                                                  Second Change                                                                                                     The member must also provide a daily
                                                                                                           one or more of its Nasdaq Market Center
                                                     The purpose of the second change is                   MPIDs, and volume on NOM. The                            average of at least 2 million shares of
                                                  to delete the credit tier of $0.0030 per                 Exchange believes that by adding more                    liquidity in all securities through one or
                                                  share executed for a member with                         in Non-Penny names on NOM that the                       more of its Nasdaq Market Center MPIDs
                                                  shares of liquidity provided in all                      market for these options on NOM will                     during the month along with the
                                                  securities during the month                              improve and the Exchange seeks to                        required shares of liquidity accessed.
                                                  representing more than 0.20% of                          encourage such behavior.                                    The Exchange believes that the
                                                  Consolidated Volume during the month,                                                                             proposed amendment to the
                                                  through one or more of its Nasdaq                        2. Statutory Basis                                       requirements of an existing credit tier
                                                  Market Center MPIDs and that qualifies                      The Exchange believes that its                        provided in securities of all three Tapes
                                                  for the additional $0.05 per contract                    proposal is consistent with Section 6(b)                 is an equitable allocation and is not
                                                  credit under Note c(3) of Nasdaq                         of the Act,9 in general, and furthers the                unfairly discriminatory because the
                                                  Options Market (‘‘NOM’’) Chapter XV                      objectives of Sections 6(b)(4) and 6(b)(5)               Exchange will apply the same $0.0029
                                                  Section 2(1) in securities of all three                  of the Act,10 in particular, in that it                  per share executed credit to all similarly
                                                  Tapes.                                                   provides for the equitable allocation of                 situated members. Thus, if a member
                                                     No market participants qualified for                  reasonable dues, fees, and other charges                 meets the requirements, it will receive
                                                  this credit tier recently, thus rendering                among members and issuers and other                      the credit. Also, and as previously
                                                  it ineffective as acting as an incentive.                persons using any facility or system                     discussed, Nasdaq believes that
                                                  However, since the Exchange is limited                   which the Exchange operates or                           although increasing the Consolidated
                                                  in the amount of credits that it can                                                                              Volume criteria will require members to
                                                  provide to market participants and even                     4 The term ‘‘Customer’’ or (‘‘C’’) applies to any     access more liquidity to receive the
                                                  though no market participants currently                  transaction that is identified by a Participant for      $0.0029 per share executed credit tier,
                                                  qualify for this credit tier, this can easily            clearing in the Customer range at The Options            members seeking to achieve this credit
                                                                                                           Clearing Corporation (‘‘OCC’’) which is not for the
                                                  shift from month to month so Nasdaq is                   account of broker or dealer or for the account of a
                                                                                                                                                                    tier will be able to meet the increased
                                                  proposing to delete it. Nasdaq must be                   ‘‘Professional’’ (as that term is defined in Chapter     Consolidated Volume requirement.
                                                  selective in providing credits to                        I, Section 1(a)(48)).                                    Increasing the amount of liquidity
                                                  members, and allocates credits to where                     5 The term ‘‘Professional’’ or (‘‘P’’) means any
                                                                                                                                                                    accessed should be beneficial to other
                                                  it believes it will receive the best result              person or entity that (i) is not a broker or dealer in   members as their resting limit orders
                                                                                                           securities, and (ii) places more than 390 orders in
                                                  in terms of improvement to market                        listed options per day on average during a calendar      may be accessed by members seeking to
                                                  quality. The Exchange believes that                      month for its own beneficial account(s) pursuant to      attain this credit tier.
                                                  eliminating this credit tier for all three               Chapter I, Section 1(a)(48). All Professional orders
                                                                                                           shall be appropriately marked by Participants.           Second Change
                                                  Tapes is the only way to ensure that it                     6 The term ‘‘Firm’’ or (‘‘F’’) applies to any
                                                  will not going forward impact the                                                                                   The Exchange believes that the
                                                                                                           transaction that is identified by a Participant for
                                                  overall balance of credits and fees.                     clearing in the Firm range at OCC.
                                                                                                                                                                    proposed changes to delete a credit tier
                                                                                                              7 The term ‘‘NOM Market Maker’’ or (‘‘M’’) is a       for a member with shares of liquidity
                                                  Third Change                                             Participant that has registered as a Market Maker on     provided in all securities during the
                                                    The purpose of the third change is to                  NOM pursuant to Chapter VII, Section 2, and must         month representing more than 0.20% of
                                                  provide an additional credit to members                  also remain in good standing pursuant to Chapter         Consolidated Volume during the month,
                                                                                                           VII, Section 4. In order to receive NOM Market
                                                  that provide liquidity. Currently, the                                                                            through one or more of its Nasdaq
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                                                                                                           Maker pricing in all securities, the Participant must
                                                  Exchange provides several credits under                  be registered as a NOM Market Maker in at least one      Market Center MPIDs and that qualifies
                                                  Rules 7018(a)(1), (2), and (3), each of                  security.                                                for the additional $0.05 per contract
                                                                                                              8 The term ‘‘Broker-Dealer’’ or (‘‘B’’) applies to
                                                  which apply to securities of a different                                                                          credit under Note c(3) of NOM Chapter
                                                                                                           any transaction which is not subject to any of the
                                                  Tape, in return for market-improving                     other transaction fees applicable within a particular
                                                                                                                                                                    XV Section 2(1) in securities of all three
                                                  behavior. The Exchange is proposing to                   category.                                                Tapes is reasonable because the
                                                  add a new credit tier of $0.0027 per                        9 15 U.S.C. 78f(b).                                   Exchange must, from time to time,
                                                  share executed for a member that has                        10 15 U.S.C. 78f(b)(4) and (5).                       adjust the level of credits provided, and


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                                                                                  Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices                                               48489

                                                  the criteria required to receive them, to                Customer, Professional, Firm, Non-NOM                 participants may readily adjust their
                                                  provide the most efficient allocation of                 Market Maker and/or Broker-Dealer                     order routing practices, the Exchange
                                                  credits in terms of market improving                     liquidity in Non-Penny Pilot Options of               believes that the degree to which fee
                                                  behavior.                                                0.40% or more of total industry ADV in                changes in this market may impose any
                                                     Specifically, with regard to the                      the customer clearing range for Equity                burden on competition is extremely
                                                  eliminated $0.0030 per share executed                    and ETF option contracts per day in a                 limited.
                                                  credit tier, as discussed previously,                    month on the NOM.                                        In this instance, the changes to the
                                                  Nasdaq observed that no market                              The Exchange believes that the                     credits provided for the use of the order
                                                  participants qualified for this credit tier              proposed new credit tier is reasonable                execution and routing services of the
                                                  recently, thus rendering it ineffective as               because although it provides for a lower              Nasdaq Market Center by members for
                                                  acting as an incentive. The Exchange is                  credit than some other NOM-linked                     all securities priced at $1 or more that
                                                  limited in the amount of credits that it                 credit tiers, it also has a corresponding             it trades are reflective of the intense
                                                  can provide to market participants so                    lower Consolidated Volume threshold of                competition among trading venues in
                                                  even though no market participants                       0.10%. Also, the proposed new credit                  capturing order flow. Moreover, the
                                                  currently qualified for this credit tier,                tier specifically requires adding                     proposed changes do not impose a
                                                  this can easily shift from month to                      liquidity in Non-Penny Pilot Options.11               burden on competition because
                                                  month. Nasdaq must be selective in                       Currently, the credit tier referencing the            Exchange membership is optional and is
                                                  providing credits to members, and                        NOM fee schedule that is being deleted                also the subject of competition from
                                                  allocates credits to where it believes it                in the Second Change (described above)                other trading venues. For these reasons,
                                                  will receive the best result in terms of                 also has a Non-Penny liquidity                        the Exchange does not believe that any
                                                  improvement to market quality. The                       component as part of the criteria, so                 of the proposed changes will impair the
                                                  Exchange believes that it is reasonable                  using liquidity in Non-Penny Pilot                    ability of members or competing order
                                                  to eliminate this credit tier as the only                Options as a tiering criteria is not novel.           execution venues to maintain their
                                                  way to ensure that it will not going                        The Exchange believes that the                     competitive standing in the financial
                                                  forward impact the overall balance of                    proposed $0.0027 per share executed                   markets. Moreover, because there are
                                                  credits and fees.                                        credit is an equitable allocation and is              numerous competitive alternatives to
                                                     The Exchange believes that the                        not unfairly discriminatory because the               the use of the Exchange, it is likely that
                                                  proposed change to delete the credit tier                Exchange will apply the same credit to                the Exchange will lose market share as
                                                  described above in Rule 7018(a) is an                    all similarly situated members. Thus, if              a result of the changes if they are
                                                  equitable allocation and is not unfairly                 a member meets the requirements, it                   unattractive to market participants.
                                                  discriminatory because the Exchange                      will receive the credit. A member
                                                  will eliminate the same credit for all                   achieving this credit tier will be                    C. Self-Regulatory Organization’s
                                                  similarly situated members. The credits                  providing liquidity in less liquid                    Statement on Comments on the
                                                  Nasdaq provides are designed to                          options classes (i.e., Non-Penny names).              Proposed Rule Change Received From
                                                  improve market quality for all market                    The Exchange believes that by adding                  Members, Participants, or Others
                                                  participants, and Nasdaq allocates its                   more in Non-Penny names on NOM that                     Written comments were neither
                                                  credits in a manner that it believes are                 the market for these options on NOM                   solicited nor received.
                                                  the most likely to achieve that result.                  will improve and the Exchange seeks to
                                                  Elimination of the existing credit tier                  encourage such behavior.                              III. Date of Effectiveness of the
                                                  under the rule is an equitable allocation                                                                      Proposed Rule Change and Timing for
                                                                                                           B. Self-Regulatory Organization’s                     Commission Action
                                                  and is not unfairly discriminatory
                                                                                                           Statement on Burden on Competition
                                                  because no participants qualified under                                                                           The foregoing change has become
                                                  this credit tier, therefore, its elimination                The Exchange does not believe that                 effective pursuant to Section
                                                  will not impact any members.                             the proposed rule change will impose                  19(b)(3)(A)(ii) of the Act.12 At any time
                                                                                                           any burden on competition not                         within 60 days of the filing of the
                                                  Third Change                                             necessary or appropriate in furtherance               proposed rule change, the Commission
                                                     The Exchange believes that the                        of the purposes of the Act. In terms of               summarily may temporarily suspend
                                                  proposed rule change to add a new                        inter-market competition, the Exchange                such rule change if it appears to the
                                                  credit tier of $0.0027 per share executed                notes that it operates in a highly                    Commission that such action is
                                                  is reasonable because it is consistent                   competitive market in which market                    necessary or appropriate in the public
                                                  with other credits that the Exchange                     participants can readily favor competing              interest, for the protection of investors,
                                                  provides to members that provide                         venues if they deem fee levels at a                   or otherwise in furtherance of the
                                                  liquidity. As discussed previously, as a                 particular venue to be excessive, or                  purposes of the Act.
                                                  general principle the Exchange chooses                   rebate opportunities available at other
                                                  to offer credits to members in return for                venues to be more favorable. In such an               IV. Solicitation of Comments
                                                  market improving behavior. Under Rule                    environment, the Exchange must                          Interested persons are invited to
                                                  7018(a), the various credits the                         continually adjust its fees to remain                 submit written data, views, and
                                                  Exchange provides for members require                    competitive with other exchanges and                  arguments concerning the foregoing,
                                                  them to significantly contribute to                      with alternative trading systems that                 including whether the proposed rule
                                                  market quality by providing certain                      have been exempted from compliance                    change is consistent with the Act.
                                                  levels of Consolidated Volume through                    with the statutory standards applicable               Comments may be submitted by any of
                                                  one or more of its Nasdaq Market Center                  to exchanges. Because competitors are
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                                                                                                                                                                 the following methods:
                                                  MPIDs, and volume on NOM. The                            free to modify their own fees in
                                                  proposed credit will be provided to                      response, and because market                          Electronic Comments
                                                  members that not only contribute to the                                                                          • Use the Commission’s Internet
                                                                                                             11 See NOM Chapter XV, Note c(3)(b) to Section
                                                  Exchange by providing more than                                                                                comment form (http://www.sec.gov/
                                                                                                           2(1), which also supports members to add
                                                  0.10% of Consolidated Volume through                     Customer, Professional, Firm, Non-NOM Market          rules/sro.shtml); or
                                                  one or more of its Nasdaq Market Center                  Maker and/or Broker-Dealer liquidity in Non-Penny
                                                  MPIDs during the month, but also adds                    Pilot Options.                                          12 15   U.S.C. 78s(b)(3)(A)(ii).



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                                                  48490                             Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices

                                                    • Send an email to rule-comments@                        SUMMARY:   This is a Notice of the                    SMALL BUSINESS ADMINISTRATION
                                                  sec.gov. Please include File Number SR–                    Presidential declaration of a major
                                                  NASDAQ–2016–102 on the subject line.                       disaster for Public Assistance Only for               Military Reservist Economic Injury
                                                                                                             the State of Oklahoma (FEMA–4274–                     Disaster Loans Interest Rate for Fourth
                                                  Paper Comments                                                                                                   Quarter FY 2016
                                                                                                             DR), dated 07/15/2016.
                                                     • Send paper comments in triplicate
                                                  to Secretary, Securities and Exchange                        Incident: Severe Storms and Flooding.                 In accordance with the Code of
                                                  Commission, 100 F Street NE.,                                Incident Period: 06/11/2016 through                 Federal Regulations 13—Business Credit
                                                  Washington, DC 20549–1090.                                 06/13/2016.                                           and Assistance § 123.512, the following
                                                                                                                                                                   interest rate is effective for Military
                                                  All submissions should refer to File                         Effective Date: 07/15/2016.                         Reservist Economic Injury Disaster
                                                  Number SR–NASDAQ–2016–102. This                              Physical Loan Application Deadline                  Loans approved on or after July 22,
                                                  file number should be included on the                      Date: 09/13/2016.                                     2016.
                                                  subject line if email is used. To help the
                                                                                                               Economic Injury (EIDL) Loan                         Military Reservist Loan Program
                                                  Commission process and review your
                                                                                                             Application Deadline Date: 04/17/2017.                  4.000%.
                                                  comments more efficiently, please use
                                                  only one method. The Commission will                                                                               Dated: July 15, 2016.
                                                                                                             ADDRESSES:  Submit completed loan
                                                  post all comments on the Commission’s                      applications to: U.S. Small Business                  Lisa Lopez Suarez,
                                                  Internet Web site (http://www.sec.gov/                     Administration, Processing and                        Acting Associate Administrator for Disaster
                                                  rules/sro.shtml). Copies of the                            Disbursement Center, 14925 Kingsport
                                                                                                                                                                   Assistance.
                                                  submission, all subsequent                                                                                       [FR Doc. 2016–17467 Filed 7–22–16; 8:45 am]
                                                                                                             Road, Fort Worth, TX 76155.
                                                  amendments, all written statements                                                                               BILLING CODE P
                                                  with respect to the proposed rule                          FOR FURTHER INFORMATION CONTACT:     A.
                                                  change that are filed with the                             Escobar, Office of Disaster Assistance,
                                                  Commission, and all written                                U.S. Small Business Administration,                   DEPARTMENT OF TRANSPORTATION
                                                  communications relating to the                             409 3rd Street SW., Suite 6050,
                                                  proposed rule change between the                           Washington, DC 20416.                                 Federal Aviation Administration
                                                  Commission and any person, other than
                                                                                                             SUPPLEMENTARY INFORMATION:     Notice is              [Summary Notice No. 2016–85]
                                                  those that may be withheld from the
                                                  public in accordance with the                              hereby given that as a result of the
                                                                                                                                                                   Petition for Exemption; Summary of
                                                  provisions of 5 U.S.C. 552, will be                        President’s major disaster declaration on
                                                                                                                                                                   Petition Received; Florida Air
                                                  available for Web site viewing and                         07/15/2016, Private Non-Profit
                                                                                                                                                                   Transport
                                                  printing in the Commission’s Public                        organizations that provide essential
                                                  Reference Room, 100 F Street NE.,                          services of governmental nature may file              AGENCY: Federal Aviation
                                                  Washington, DC 20549 on official                           disaster loan applications at the address             Administration (FAA), DOT.
                                                  business days between the hours of                         listed above or other locally announced               ACTION: Notice.
                                                  10:00 a.m. and 3:00 p.m. Copies of such                    locations.
                                                  filing also will be available for                                                                                SUMMARY:   This notice contains a
                                                                                                                The following areas have been                      summary of a petition seeking relief
                                                  inspection and copying at the principal                    determined to be adversely affected by
                                                  office of the Exchange. All comments                                                                             from specified requirements of Title 14
                                                                                                             the disaster:                                         of the Code of Federal Regulations. The
                                                  received will be posted without change;
                                                  the Commission does not edit personal                      Primary Counties: Caddo; Comanche;                    purpose of this notice is to improve the
                                                  identifying information from                                 Cotton; Garvin; Grady; Stephens.                    public’s awareness of, and participation
                                                  submissions. You should submit only                                                                              in, the FAA’s exemption process.
                                                                                                               The Interest Rates are:
                                                  information that you wish to make                                                                                Neither publication of this notice nor
                                                  available publicly. All submissions                                                                              the inclusion or omission of information
                                                                                                                                                        Percent
                                                  should refer to File Number SR–                                                                                  in the summary is intended to affect the
                                                  NASDAQ–2016–102, and should be                             For Physical Damage:                                  legal status of the petition or its final
                                                  submitted on or before August 15, 2016.                      Non-Profit Organizations With                       disposition.
                                                                                                                 Credit Available Elsewhere:               2.625   DATES: Comments on this petition must
                                                    For the Commission, by the Division of
                                                  Trading and Markets, pursuant to delegated                   Non-Profit Organizations With-                      identify the petition docket number and
                                                  authority.13                                                   out Credit Available Else-                        must be received on or before August
                                                                                                                 where:                                    2.625   15, 2016.
                                                  Robert W. Errett,
                                                                                                             For Economic Injury:
                                                  Deputy Secretary.                                                                                                ADDRESSES: Send comments identified
                                                                                                               Non-Profit Organizations With-
                                                  [FR Doc. 2016–17443 Filed 7–22–16; 8:45 am]                    out Credit Available Else-                        by docket number FAA–2016–7045
                                                  BILLING CODE 8011–01–P                                         where:                                    2.625   using any of the following methods:
                                                                                                                                                                     • Federal eRulemaking Portal: Go to
                                                                                                                                                                   http://www.regulations.gov and follow
                                                                                                               The number assigned to this disaster
                                                  SMALL BUSINESS ADMINISTRATION                                                                                    the online instructions for sending your
                                                                                                             for physical damage is 14775B and for
                                                                                                                                                                   comments electronically.
                                                  [Disaster Declaration # 14775 and # 14776]                 economic injury is 14776B.                              • Mail: Send comments to Docket
                                                                                                                                                                   Operations, M–30; U.S. Department of
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                                                                                                             (Catalog of Federal Domestic Assistance
                                                  Oklahoma Disaster # OK–00105                               Numbers 59002 and 59008)                              Transportation (DOT), 1200 New Jersey
                                                  AGENCY: U.S. Small Business                                                                                      Avenue SE., Room W12–140, West
                                                                                                             Lisa Lopez-Suarez,
                                                  Administration.                                                                                                  Building Ground Floor, Washington, DC
                                                                                                             Acting Associate Administrator for Disaster           20590–0001.
                                                  ACTION: Notice.                                            Assistance.                                             • Hand Delivery or Courier: Take
                                                                                                             [FR Doc. 2016–17454 Filed 7–22–16; 8:45 am]           comments to Docket Operations in
                                                    13 17   CFR 200.30–3(a)(12).                             BILLING CODE 8025–01–P                                Room W12–140 of the West Building


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Document Created: 2016-07-23 02:00:41
Document Modified: 2016-07-23 02:00:41
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 48487 

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