81 FR 68480 - Sunshine Act Meeting

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 192 (October 4, 2016)

Page Range		68480-68481
FR Document		2016-24091

Federal Register, Volume 81 Issue 192 (Tuesday, October 4, 2016)

[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Notices]
[Pages 68480-68481]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24091]


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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, October 
6, 2016 at 3 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 Stein, 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;
Resolution of litigation claims; and
Other matters relating to enforcement proceedings.

    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.


[[Page 68481]]


     Dated: September 29, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-24091 Filed 9-30-16; 4:15 pm]
 BILLING CODE 8011-01-P

68480 Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices

SECURITIES AND EXCHANGE SECURITIES AND EXCHANGE proposed rule change so that it has
COMMISSION COMMISSION sufficient time to consider the proposed
rule change. Accordingly, the
[Release No. 34–78967; File No. SR–
[File No. 500–1] NYSEArca–2016–89]
Commission, pursuant to Section
19(b)(2) of the Act,6 designates
In the Matter of Infinex Ventures, Inc.; Self-Regulatory Organizations; NYSE November 24, 2016, as the date by
Order of Suspension of Trading Arca, Inc.; Notice of Designation of which the Commission should approve,
Longer Period for Commission Action disapprove, or institute proceedings to
September 30, 2016. on a Proposed Rule Change Amending determine whether to disapprove the
It appears to the Securities and the Co-Location Services Offered by proposed rule change (File No. SR–
Exchange Commission that there is a the Exchange To Add Certain Access NYSEArca–2016–89).
lack of current and accurate information and Connectivity Fees For the Commission, by the Division of
concerning the securities of Infinex Trading and Markets, pursuant to delegated
September 28, 2016. authority.7
Ventures, Inc. (CIK No. 0001076310) On August 16, 2016, NYSE Arca, Inc.
(‘‘Infinex’’) because of questions Robert W. Errett,
(‘‘NYSE Arca’’ or the ‘‘Exchange’’) filed
regarding the accuracy of statements in Deputy Secretary.
with the Securities and Exchange
Infinex reports posted on the OTC Link Commission (‘‘Commission’’), pursuant [FR Doc. 2016–23907 Filed 10–3–16; 8:45 am]
operated by OTC Markets Group, Inc. to Section 19(b)(1) of the Securities BILLING CODE 8011–01–P

and in company press releases. This Exchange Act of 1934 (‘‘Act’’) 1 and Rule
includes concerns that, between May 5 19b–4 thereunder,2 a proposed rule
change (1) to provide additional SECURITIES AND EXCHANGE
and September 17, 2014, Infinex
information regarding access to various COMMISSION
appears to have made false and
misleading statements concerning its trading and execution services; Sunshine Act Meeting
operations and financial condition, its connectivity to market data feeds and
acquisition of Marijuana Funding, Inc., testing and certification feeds; Notice is hereby given, pursuant to
and its rights to financing to develop a connectivity to third party systems; and the provisions of the Government in the
marijuana business. Since that time, connectivity to DTCC provided to Users Sunshine Act, Public Law 94–409, that
using data center local area networks; the Securities and Exchange
Infinex does not appear to have made
and (2) to establish fees relating to a Commission will hold a closed meeting
any information publicly available
User’s access to various trading and on Thursday, October 6, 2016 at 3 p.m.
about itself. Infinex is a Nevada Commissioners, Counsel to the
execution services; connectivity to
corporation whose corporate status is Commissioners, the Secretary to the
market data feeds and testing and
listed as revoked by the Nevada certification feeds; connectivity to Commission, and recording secretaries
Secretary of State. Its principal place of DTCC; and other services. The proposed will attend the closed meeting. Certain
business is in Denver, Colorado. rule change was published for comment staff members who have an interest in
Infinex’s stock is quoted on OTC Link, in the Federal Register on August 26, the matters also may be present.
under the ticker symbol INFX. 2016.3 The Commission received no The General Counsel of the
The Commission is of the opinion that comments in response to the proposed Commission, or her designee, has
the public interest and the protection of rule change.4 certified that, in her opinion, one or
investors require a suspension of trading Section 19(b)(2) of the Act 5 provides more of the exemptions set forth in 5
in the securities of the above-listed that, within 45 days of the publication U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
company. of the notice of the filing of a proposed and 17 CFR 200.402(a)(3), (a)(5), (a)(7),
rule change, or within such longer (a)(9)(ii) and (a)(10), permit
Therefore, it is ordered, pursuant to period up to 90 days as the Commission consideration of the scheduled matter at
Section 12(k) of the Securities Exchange may designate if it finds such longer the closed meeting.
Act of 1934, that trading of the period to be appropriate and publishes Commissioner Stein, as duty officer,
securities of the above-listed company is its reasons for so finding or as to which voted to consider the items listed for the
suspended for the period from 9:30 a.m. the self-regulatory organization closed meeting in closed session.
EDT on September 30, 2016 through consents, the Commission shall approve The subject matter of the closed
11:59 p.m. EDT on October 13, 2016. the proposed rule change, disapprove meeting will be:
By the Commission. the proposed rule change, or institute Institution and settlement of injunctive
proceedings to determine whether the actions;
Jill M. Peterson, Institution and settlement of
proposed rule change should be
Assistant Secretary. administrative proceedings;
disapproved. The Commission is
[FR Doc. 2016–24061 Filed 9–30–16; 4:15 pm] extending this 45-day time period. Resolution of litigation claims; and
BILLING CODE 8011–01–P The Commission finds that it is Other matters relating to enforcement
appropriate to designate a longer period proceedings.
within which to take action on the At times, changes in Commission
priorities require alterations in the
1 15 U.S.C. 78s(b)(1). scheduling of meeting items.
mstockstill on DSK3G9T082PROD with NOTICES

2 17 CFR 240.19b–4. For further information and to
3 See Securities Exchange Act Release No. 34–
ascertain what, if any, matters have been
78628 (August 22, 2016), 81 FR 59004 (‘‘Notice’’). added, deleted or postponed; please
4 The Commission notes that it did receive one

comment letter on a related filing, NYSE–2016–45,
contact Brent J. Fields from the Office of
which is equally relevant to this filing. the Secretary at (202) 551–5400.
In response to the comment letter, the NYSE
submitted a response. 6 Id.
5 15 U.S.C. 78s(b)(2). 7 17 CFR 200.30–3(a)(57).

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Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices 68481

Dated: September 29, 2016. 9800 Series; and (3) certain technical Background
Brent J. Fields, and conforming changes to Rule In 2016, NYSE MKT adopted
Secretary. 9310..[sic] The proposed rule change is disciplinary rules that are, with certain
[FR Doc. 2016–24091 Filed 9–30–16; 4:15 pm] available on the Exchange’s Web site at exceptions, substantially the same as the
BILLING CODE 8011–01–P
www.nyse.com, at the principal office of Rule 8000 Series and Rule 9000 Series
the Exchange, and at the Commission’s of its affiliate the New York Stock
Public Reference Room. Exchange LLC (the ‘‘NYSE’’) and
SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s FINRA, and which set forth rules for
COMMISSION Statement of the Purpose of, and conducting investigations and
[Release No. 34–78959; File No. SR– Statutory Basis for, the Proposed Rule enforcement actions.6 The NYSE MKT
NYSEMKT–2016–71] Change disciplinary rules were implemented on
April 15, 2016.7
Self-Regulatory Organizations; NYSE In its filing with the Commission, the In adopting the NYSE and FINRA
MKT LLC; Notice of Filing and self-regulatory organization included disciplinary rules, NYSE MKT retained
Immediate Effectiveness of Proposed statements concerning the purpose of, its longstanding practice of publishing
Rule Change Amending Rule 8313 and basis for, the proposed rule change all final disciplinary decisions, other
Relating to the Exchange’s Ability To and discussed any comments it received than minor rule violations, on its Web
Publicly Release Disciplinary on the proposed rule change. The text site and accordingly adopted the
Complaints, Decisions and Other of those statements may be examined at NYSE’s version of Rule 8313.8 The
Information Modeled on the Text of the places specified in Item IV below. NYSE had declined to adopt the text of
FINRA Rule 8313; Amending Rules and The Exchange has prepared summaries, FINRA Rule 8313, which provides that
Adopting a New Rule 9291 Relating to set forth in sections A, B, and C below, disciplinary complaints and decisions
the Imposition of Temporary or of the most significant parts of such that meet certain criteria will be either
Permanent Cease and Desist Orders statements. published or made available upon
To Correspond to Recent Amendments request.9 At the time, the Exchange was
A. Self-Regulatory Organization’s not directly performing enforcement-
by FINRA; and Making Certain Statement of the Purpose of, and the
Technical and Conforming Changes to related regulatory functions, having
Statutory Basis for, the Proposed Rule entered into a Regulatory Services
Rule 9310 Change Agreement with FINRA in 2010 to
September 28, 2016. 1. Purpose perform those functions, among others,
on the Exchange’s behalf.10
Pursuant to Section 19(b)(1) 1
of the The Exchange proposes: In adopting the NYSE and FINRA
Securities Exchange Act of 1934 disciplinary rules, the Exchange
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3 (1) Amendments to Rule 8313
(Release of Disciplinary Decisions) adopted NYSE’s and FINRA’s rules and
notice is hereby given that on procedures for imposing temporary or
September 19, 2016, NYSE MKT LLC relating to the Exchange’s ability to
publicly release disciplinary permanent cease and desist orders. In
(‘‘Exchange’’ or ‘‘NYSE MKT’’) filed particular, the Exchange adopted NYSE
with the Securities and Exchange complaints, decisions and other
information, modeled on the text of and FINRA Rule 8310 as NYSE MKT
Commission (‘‘Commission’’) the Rule 8310, which, among other things,
proposed rule change as described in FINRA Rule 8313; 4
allows the Exchange to impose a
Items I and II below, which Items have (2) amendments to Rules 9120, 9268, temporary or permanent cease and
been prepared by the self-regulatory 9269, 9270, 9551, 9552, 9554, 9555, desist order.11 NYSE MKT Rule 9290,
organization. The Commission is 9556, 9557, 9558, 9559, 9810, 9830, based on NYSE and FINRA Rule 9290,
publishing this notice to solicit 9840, 9850, and 9860 and a new Rule provides for expedited disciplinary
comments on the proposed rule change 9291 relating to temporary or permanent proceedings.12 Rule 9556, based on
from interested persons. cease and desist orders to correspond to NYSE and FINRA Rule 9556, provides
recent amendments by FINRA to its procedures and consequences for a
I. Self-Regulatory Organization’s Rule 9100, 9200, 9550, and 9800 Series;
Statement of the Terms of Substance of failure to comply with temporary and
and permanent cease and desist orders. The
the Proposed Rule Change
(3) certain technical and conforming
The Exchange proposes amendments changes to Rule 9310.5 6 See Securities Exchange Act Release Nos. 77241
to Rule 8313 relating to the Exchange’s (February 26, 2016), 81 FR 11311 (March 3, 2016)
ability to publicly release disciplinary 4 References to rules are to NYSE MKT rules
(SR–NYSEMKT–2016–30) (‘‘2016 Notice’’).
7 See NYSE MKT Information Memorandum 16–
complaints, decisions and other unless otherwise indicated.
02 (March 14, 2016).
information modeled on the text of 5 In addition, the Exchange proposes the
8 2016 Notice, 81 FR at 11321.
Financial Industry Regulatory following technical and conforming changes to the 9 See Securities Exchange Act Release Nos. 69045
Authority, Inc. (‘‘FINRA’’) Rule 8313; (2) harmonized rules: (1) Including the terms
‘‘member,’’ ‘‘member organization,’’ ‘‘ATP Holder,’’ (March 5, 2013), 78 FR 15394, 15395 (March 11,
amendments to Rules 9120, 9268, 9269, ‘‘covered person,’’ and ‘‘person’’ as defined in the 2013) (SR–NYSE–2013–02).
9270, 9551, 9552, 9554, 9555, 9556, NYSE MKT rules where appropriate in the
10 See Securities Exchange Act Release No. 62354

9557, 9558, 9559, 9810, 9830, 9840, following Rules to reflect the Exchange’s equities (June 22, 2010), 75 FR 36730, 36731 (June 28, 2010)
and options membership: 8313, 9120, 9269, 9291, (SR–NYSEAmex–2010–57), as corrected by 75 FR
9850, and 9860 and a new Rule 9291 38860 (July 6, 2010) (SR–NYSEAmex–2010–57)
9270, 9551, 9552, 9554, 9555, 9556, 9557, 9558, and
mstockstill on DSK3G9T082PROD with NOTICES

relating to the imposition of temporary 9840; (2) substituting the term ‘‘Exchange’’ for (C1–2010–15649).
or permanent cease and desist orders to ‘‘FINRA’’; (3) changing certain cross-references to 11 2016 Notice, 81 FR at 11321.

correspond to recent amendments by FINRA rules to cross-references to Exchange rules; 12 Id. at 11328. Under Rule 9290, for any

FINRA to its Rule 9100, 9200, 9550, and (4) substituting a reference to the Exchange’s Chief disciplinary proceeding, the subject matter of which
Regulatory Officer for a reference to a senior officer also is subject to a temporary cease and desist
at FINRA; and (5) changing certain references to proceeding initiated pursuant to Rule 9810 or a
1 15 U.S.C. 78s(b)(1). Adjudicators to make them consistent with temporary cease and desist order, hearings are
2 15 U.S.C. 78a. references to Adjudicators throughout the Rule required to be held and decisions rendered at the
3 17 CFR 240.19b–4. 9000 Series. earliest possible time. See id.

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Document Created: 2016-10-04 03:03:08
Document Modified: 2016-10-04 03:03:08

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 68480