81_FR_70644 81 FR 70447 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Options Floor Procedure Advice F-1, Entitled “Use of Identification Letters and Numbers.”

81 FR 70447 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Options Floor Procedure Advice F-1, Entitled “Use of Identification Letters and Numbers.”

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 197 (October 12, 2016)

Page Range70447-70449
FR Document2016-24572

Federal Register, Volume 81 Issue 197 (Wednesday, October 12, 2016)
[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Notices]
[Pages 70447-70449]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24572]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79047; File No. SR-Phlx-2016-96]


Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Options 
Floor Procedure Advice F-1, Entitled ``Use of Identification Letters 
and Numbers.''

October 5, 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 September 23, 2016, NASDAQ PHLX LLC (``Phlx'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the 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.
---------------------------------------------------------------------------

    \1\15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Options Floor Procedure Advice F-1, 
entitled ``Use of Identification Letters and Numbers.''
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqphlx.cchwallstreet.com/, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Options Floor Procedure Advice 
(``OFPA'') F-1, entitled ``Use of Identification Letters and Numbers'' 
to eliminate the current fine schedule. Pursuant to this OFPA F-1, 
today, all Specialists, ROTs, and Floor Brokers must use the complete 
alpha/numeric identification assigned by the Exchange. Specifically, 
all Floor Brokers or their employees must indicate their complete 
alpha/numeric identifiers on the Options Floor Broker Management System 
(``FBMS'') for each order they receive and represent in the trading 
crowd. The FMBS system is automated and requires this field to be 
completed before the transaction may be submitted. These numbers are 
important because they represent the parties to the particular 
transaction for purposes of audit trail, clearance and settlement of 
that transaction. This information is submitted to The Options Clearing 
Corporation at the end of the day to complete the back-office portion 
of the transaction. The information is available to and reviewed by 
both parties to the transaction. The Exchange currently has a fine 
schedule for violations of OFPA F-1 as follows:

                              Fine Schedule
           [Implemented on a two-year running calendar basis]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1st Occurrence.........................  $250.00.
2nd Occurrence.........................  $500.00.
3rd Occurrence.........................  $1,000.00.
4th Occurrence and Thereafter..........  Sanction is discretionary with
                                          Business Conduct Committee.
------------------------------------------------------------------------

    The Exchange notes that the violations of this rule today consist 
of inadvertent failures to include the requisite alpha/numeric 
identification.\3\ These errors are corrected post-trade, by end of day 
by the party in error. The Floor Brokers receive inter-day reports 
which allow them to review this information and determine if any errors 
occurred. Also, the contra-party to the transaction may alert the Floor 
Broker that an error occurred. The Exchange notes that where errors 
have been identified through surveillance, it has not witnessed any 
manipulative conduct, rather the error was an inadvertent data entry 
error, which was subsequently corrected.
---------------------------------------------------------------------------

    \3\ For example in 2016, the Exchange statistically had .00004% 
of violations of this minor rule. In 2015, the Exchange 
statistically had .00003% of violations of this minor rule.
---------------------------------------------------------------------------

    By way of background, the Exchange notes that when the floor 
operated with more manual procedures and inter-day reports were not 
available, these types of error occurred with more frequency. The 
Exchange at that time employed a greater number of staff employees on 
the Exchange floor when the population on the floor was also at greater 
numbers. The amount of time that staff was devoted to assisting with 
these types of errors placed an administrative burden on the Exchange 
and presented an administrative cost to the Exchange to employ staff to 
assist with clerical errors. The fine at that time was justified to 
prevent a greater number of violations and also to support the amount 
of regulatory resources that were required to surveil for such 
violations and assist in the correction of errors.
    Today, the automated processes and inter-day reports alleviate many 
of the issues that previously existed, including the burden on staff to 
correct errors. The Exchange does not believe that a single error 
necessitates the imposition of a $250.00 fine, for example, where a 
data entry error occurred and was corrected by the firm.
    The Exchange proposes to eliminate the current fine schedule and 
instead

[[Page 70448]]

review for patterns and practices of manipulative conduct. The Exchange 
will continue to review, as it does today, for instances where a party 
to a trade did not enter the complete or an accurate identifier. Also, 
the Exchange would continue to bring violations of this rule before the 
Business Conduct Committee and suggest appropriate fines given the 
facts and circumstances surrounding current and previous violations of 
the minor rule. Today, the Exchange has the ability to bring any 
violations before the Business Conduct Committee.\4\ The disciplinary 
rules provide for a process by which the Exchange will discipline 
members for violations of its rules and the process for hearings.\5\ 
The Exchange's focus is to prevent abusive or manipulative patterns and 
practices of violations of OFPA F-1 and also prevent repeated abuse of 
this rule. The Exchange intends to continue to surveil and discipline 
its members for violations of this rule.
---------------------------------------------------------------------------

    \4\ Any member, member organization, or any partner, officer, 
director or person employed by or associated with any member or 
member organization (the Respondent) who is alleged to have violated 
or aided and abetted a violation of the Securities Exchange Act of 
1934 (Exchange Act), the rules and regulations thereunder, the by-
laws and Rules of the Exchange or any interpretation thereof, and 
the Rules, Regulations, resolutions and stated policies of the Board 
of Directors or any Committee of the Exchange, shall be subject to 
the disciplinary jurisdiction of the Exchange, and after notice and 
opportunity for a hearing may be appropriately disciplined by 
expulsion, suspension, fine, censure, limitation or termination as 
to activities, functions, operations, or association with a member 
or member organization, or any other fitting sanction in accordance 
with the provisions of these disciplinary Rules. See Phlx Rule 
960.1(a). Further, whenever the staff of the Exchange has a 
reasonable basis to believe that a violation within the disciplinary 
jurisdiction of the Exchange has occurred, a written report shall be 
submitted to the Business Conduct Committee specifying the 
violations which are believed to have occurred and those facts which 
gave rise to these violations. See Phlx Rule 960.2(d).
    \5\ See Phlx Rules 960-970.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \6\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \7\ in particular, in that it is designed to promote 
just and equitable principles of trade, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general to protect investors and the public interest, 
by continuing to enforce violations of rules governing the marking of 
orders.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Proper identification of orders protects investors and the public 
interest. In cases where human error occurred and a member failed to 
include the requisite alpha/numeric identification or submitted an 
incorrect alpha/numeric identification, such information may be 
corrected post-trade. The Exchange will continue to enforce the proper 
identification on each trade. Regulatory staff will monitor violations 
of such rule and bring cases before the Business Conduct Committee 
where a pattern or practice of violation of such rule exists and 
suggest appropriate fines given the facts and circumstances surrounding 
current and previous violations of the minor rule. Today, the Exchange 
has the ability to bring any violations before the Business Conduct 
Committee.\8\
---------------------------------------------------------------------------

    \8\ See note 4 above.
---------------------------------------------------------------------------

    The Exchange is concerned with the entry of accurate trading 
information which identifies counter-parties to each trade. The trading 
system requires such information for each transaction. The automated 
process combined with the surveillance of such information, as well as 
counter-party transparency to the information, ensure that the audit 
trail is accurate and complete. The Exchange understands that human 
error may occur from time to time and that members have the ability to 
and do correct such information prior to the end of the day. Given all 
of these circumstances, the proposal is consistent with the Act because 
it will continue to ensure that the information is maintained 
accurately and also discipline members that fail to consistently abide 
by this rule.
    The Exchange believes it is consistent with the Act and protects 
investors and the general public to amend the rule to bring 
disciplinary actions where a pattern or practice of violating OFPA F-1 
exists versus multiple fines for each individual violation. The 
Exchange notes that it has not observed a large number of these 
violations. Where a number of violations have occurred or where there 
has been manipulative activity in the entry of such trade information, 
these actions will be brought by the Regulatory group to the Business 
Conduct Committee for further action. The Exchange will enumerate the 
facts and circumstances surrounding the violations and present an 
appropriate sanction in light of the circumstances to the Business 
Conduct Committee.
    This filing is non-controversial because the Exchange will continue 
to regulate members for violations of Rule OFPA F-1, albeit in a 
slightly different matter. The result may be the imposition of the same 
fines by the Business Conduct Committee.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange believes that no 
undue burden on competition arises with this rule change as the rule 
will be uniformly applied to all members. The Exchange will continue to 
monitor the activity of all members, and where a number of violations 
has occurred or where there has been manipulative activity in the entry 
of such trade information, these actions will be brought by the 
Regulatory group to the Business Conduct Committee for further action.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \9\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing,

[[Page 70449]]

including whether the proposed rule change is consistent with the Act. 
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-Phlx-2016-96 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2016-96. 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 the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-Phlx-2016-96 and should be 
submitted on or before November 2, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-24572 Filed 10-11-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Notices                                                                 70447

                                                  Presidio Institute’s mission and ensure                                in Items I, II, and III, below, which Items                  A. Self-Regulatory Organization’s
                                                  long-term financial self-sufficiency.                                  have been prepared by the Exchange.                          Statement of the Purpose of, and
                                                  FOR FURTHER INFORMATION CONTACT:                                       The Commission is publishing this                            Statutory Basis for, the Proposed Rule
                                                  Additional information is available                                    notice to solicit comments on the                            Change
                                                  online at http://www.presidio.gov/                                     proposed rule change from interested
                                                                                                                         persons.                                                     1. Purpose
                                                  institute/about/Pages/advisory-
                                                  council.aspx.                                                          I. Self-Regulatory Organization’s                               The Exchange proposes to amend
                                                   Dated: October 5, 2016.                                               Statement of the Terms of Substance of                       Options Floor Procedure Advice
                                                  Andrea M. Andersen,                                                    the Proposed Rule Change                                     (‘‘OFPA’’) F–1, entitled ‘‘Use of
                                                  Acting General Counsel.                                                                                                             Identification Letters and Numbers’’ to
                                                                                                                            The Exchange proposes to amend
                                                                                                                                                                                      eliminate the current fine schedule.
                                                  [FR Doc. 2016–24585 Filed 10–11–16; 8:45 am]                           Options Floor Procedure Advice F–1,
                                                                                                                                                                                      Pursuant to this OFPA F–1, today, all
                                                  BILLING CODE 4310–4R–P                                                 entitled ‘‘Use of Identification Letters
                                                                                                                         and Numbers.’’                                               Specialists, ROTs, and Floor Brokers
                                                                                                                            The text of the proposed rule change                      must use the complete alpha/numeric
                                                                                                                         is available on the Exchange’s Web site                      identification assigned by the Exchange.
                                                  SECURITIES AND EXCHANGE
                                                  COMMISSION                                                             at                                                           Specifically, all Floor Brokers or their
                                                                                                                         http://nasdaqphlx.cchwallstreet.com/,                        employees must indicate their complete
                                                  [Release No. 34–79047; File No. SR–Phlx–                                                                                            alpha/numeric identifiers on the
                                                  2016–96]
                                                                                                                         at the principal office of the Exchange,
                                                                                                                         and at the Commission’s Public                               Options Floor Broker Management
                                                                                                                         Reference Room.                                              System (‘‘FBMS’’) for each order they
                                                  Self-Regulatory Organizations;
                                                                                                                                                                                      receive and represent in the trading
                                                  NASDAQ PHLX LLC; Notice of Filing                                      II. Self-Regulatory Organization’s                           crowd. The FMBS system is automated
                                                  and Immediate Effectiveness of                                         Statement of the Purpose of, and                             and requires this field to be completed
                                                  Proposed Rule Change To Amend                                          Statutory Basis for, the Proposed Rule
                                                  Options Floor Procedure Advice F–1,                                                                                                 before the transaction may be submitted.
                                                                                                                         Change                                                       These numbers are important because
                                                  Entitled ‘‘Use of Identification Letters
                                                  and Numbers.’’                                                           In its filing with the Commission, the                     they represent the parties to the
                                                                                                                         Exchange included statements                                 particular transaction for purposes of
                                                  October 5, 2016.                                                       concerning the purpose of and basis for                      audit trail, clearance and settlement of
                                                     Pursuant to Section 19(b)(1) of the                                 the proposed rule change and discussed                       that transaction. This information is
                                                  Securities Exchange Act of 1934                                        any comments it received on the                              submitted to The Options Clearing
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                proposed rule change. The text of these                      Corporation at the end of the day to
                                                  notice is hereby given that on                                         statements may be examined at the                            complete the back-office portion of the
                                                  September 23, 2016, NASDAQ PHLX                                        places specified in Item IV below. The                       transaction. The information is available
                                                  LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed with                              Exchange has prepared summaries, set                         to and reviewed by both parties to the
                                                  the Securities and Exchange                                            forth in sections A, B, and C below, of                      transaction. The Exchange currently has
                                                  Commission (‘‘SEC’’ or ‘‘Commission’’)                                 the most significant aspects of such                         a fine schedule for violations of OFPA
                                                  the proposed rule change as described                                  statements.                                                  F–1 as follows:

                                                                                                                                    FINE SCHEDULE
                                                                                                                     [Implemented on a two-year running calendar basis]

                                                  1st Occurrence .........................................................................................   $250.00.
                                                  2nd Occurrence ........................................................................................    $500.00.
                                                  3rd Occurrence .........................................................................................   $1,000.00.
                                                  4th Occurrence and Thereafter ................................................................             Sanction is discretionary with Business Conduct Committee.



                                                     The Exchange notes that the                                         inadvertent data entry error, which was                      errors. The fine at that time was justified
                                                  violations of this rule today consist of                               subsequently corrected.                                      to prevent a greater number of violations
                                                  inadvertent failures to include the                                      By way of background, the Exchange                         and also to support the amount of
                                                  requisite alpha/numeric identification.3                               notes that when the floor operated with                      regulatory resources that were required
                                                  These errors are corrected post-trade, by                              more manual procedures and inter-day                         to surveil for such violations and assist
                                                  end of day by the party in error. The                                  reports were not available, these types                      in the correction of errors.
                                                  Floor Brokers receive inter-day reports                                of error occurred with more frequency.                          Today, the automated processes and
                                                  which allow them to review this                                        The Exchange at that time employed a                         inter-day reports alleviate many of the
                                                  information and determine if any errors                                greater number of staff employees on the                     issues that previously existed, including
                                                  occurred. Also, the contra-party to the                                Exchange floor when the population on                        the burden on staff to correct errors. The
                                                  transaction may alert the Floor Broker                                 the floor was also at greater numbers.                       Exchange does not believe that a single
                                                  that an error occurred. The Exchange                                   The amount of time that staff was                            error necessitates the imposition of a
                                                  notes that where errors have been                                      devoted to assisting with these types of                     $250.00 fine, for example, where a data
mstockstill on DSK3G9T082PROD with NOTICES




                                                  identified through surveillance, it has                                errors placed an administrative burden                       entry error occurred and was corrected
                                                  not witnessed any manipulative                                         on the Exchange and presented an                             by the firm.
                                                  conduct, rather the error was an                                       administrative cost to the Exchange to                          The Exchange proposes to eliminate
                                                                                                                         employ staff to assist with clerical                         the current fine schedule and instead
                                                    115   U.S.C. 78s(b)(1).                                                3 For example in 2016, the Exchange statistically          2015, the Exchange statistically had .00003% of
                                                    2   17 CFR 240.19b–4.                                                had .00004% of violations of this minor rule. In             violations of this minor rule.



                                             VerDate Sep<11>2014        20:13 Oct 11, 2016       Jkt 241001      PO 00000      Frm 00062       Fmt 4703      Sfmt 4703   E:\FR\FM\12OCN1.SGM   12OCN1


                                                  70448                      Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Notices

                                                  review for patterns and practices of                     occurred and a member failed to include               B. Self-Regulatory Organization’s
                                                  manipulative conduct. The Exchange                       the requisite alpha/numeric                           Statement on Burden on Competition
                                                  will continue to review, as it does today,               identification or submitted an incorrect                 The Exchange does not believe that
                                                  for instances where a party to a trade                   alpha/numeric identification, such                    the proposed rule change will impose
                                                  did not enter the complete or an                         information may be corrected post-                    any burden on competition not
                                                  accurate identifier. Also, the Exchange                  trade. The Exchange will continue to                  necessary or appropriate in furtherance
                                                  would continue to bring violations of                    enforce the proper identification on                  of the purposes of the Act. The
                                                  this rule before the Business Conduct                    each trade. Regulatory staff will monitor             Exchange believes that no undue burden
                                                  Committee and suggest appropriate                        violations of such rule and bring cases               on competition arises with this rule
                                                  fines given the facts and circumstances                  before the Business Conduct Committee                 change as the rule will be uniformly
                                                  surrounding current and previous                         where a pattern or practice of violation              applied to all members. The Exchange
                                                  violations of the minor rule. Today, the                 of such rule exists and suggest                       will continue to monitor the activity of
                                                  Exchange has the ability to bring any                    appropriate fines given the facts and                 all members, and where a number of
                                                  violations before the Business Conduct                   circumstances surrounding current and
                                                                                                                                                                 violations has occurred or where there
                                                  Committee.4 The disciplinary rules                       previous violations of the minor rule.
                                                                                                                                                                 has been manipulative activity in the
                                                  provide for a process by which the                       Today, the Exchange has the ability to
                                                                                                                                                                 entry of such trade information, these
                                                  Exchange will discipline members for                     bring any violations before the Business
                                                                                                                                                                 actions will be brought by the
                                                  violations of its rules and the process for              Conduct Committee.8
                                                                                                              The Exchange is concerned with the                 Regulatory group to the Business
                                                  hearings.5 The Exchange’s focus is to                                                                          Conduct Committee for further action.
                                                  prevent abusive or manipulative                          entry of accurate trading information
                                                  patterns and practices of violations of                  which identifies counter-parties to each              C. Self-Regulatory Organization’s
                                                  OFPA F–1 and also prevent repeated                       trade. The trading system requires such               Statement on Comments on the
                                                  abuse of this rule. The Exchange intends                 information for each transaction. The                 Proposed Rule Change Received From
                                                  to continue to surveil and discipline its                automated process combined with the                   Members, Participants, or Others
                                                  members for violations of this rule.                     surveillance of such information, as
                                                                                                                                                                   No written comments were either
                                                                                                           well as counter-party transparency to
                                                  2. Statutory Basis                                                                                             solicited or received.
                                                                                                           the information, ensure that the audit
                                                     The Exchange believes that its                        trail is accurate and complete. The                   III. Date of Effectiveness of the
                                                  proposal is consistent with Section 6(b)                 Exchange understands that human error                 Proposed Rule Change and Timing for
                                                  of the Act 6 in general, and furthers the                may occur from time to time and that                  Commission Action
                                                  objectives of Section 6(b)(5) of the Act 7               members have the ability to and do                       Because the foregoing proposed rule
                                                  in particular, in that it is designed to                 correct such information prior to the                 change does not: (i) Significantly affect
                                                  promote just and equitable principles of                 end of the day. Given all of these                    the protection of investors or the public
                                                  trade, to remove impediments to and                      circumstances, the proposal is                        interest; (ii) impose any significant
                                                  perfect the mechanism of a free and                      consistent with the Act because it will               burden on competition; and (iii) become
                                                  open market and a national market                        continue to ensure that the information               operative for 30 days from the date on
                                                  system, and, in general to protect                       is maintained accurately and also                     which it was filed, or such shorter time
                                                  investors and the public interest, by                    discipline members that fail to                       as the Commission may designate, it has
                                                  continuing to enforce violations of rules                consistently abide by this rule.                      become effective pursuant to Section
                                                  governing the marking of orders.                            The Exchange believes it is consistent
                                                                                                                                                                 19(b)(3)(A)(iii) of the Act 9 and
                                                     Proper identification of orders                       with the Act and protects investors and
                                                                                                                                                                 subparagraph (f)(6) of Rule 19b–4
                                                  protects investors and the public                        the general public to amend the rule to
                                                                                                           bring disciplinary actions where a                    thereunder.10
                                                  interest. In cases where human error                                                                              At any time within 60 days of the
                                                                                                           pattern or practice of violating OFPA F–
                                                                                                                                                                 filing of the proposed rule change, the
                                                    4 Any member, member organization, or any              1 exists versus multiple fines for each
                                                                                                                                                                 Commission summarily may
                                                  partner, officer, director or person employed by or      individual violation. The Exchange
                                                                                                                                                                 temporarily suspend such rule change if
                                                  associated with any member or member                     notes that it has not observed a large
                                                  organization (the Respondent) who is alleged to                                                                it appears to the Commission that such
                                                                                                           number of these violations. Where a
                                                  have violated or aided and abetted a violation of the                                                          action is: (i) Necessary or appropriate in
                                                  Securities Exchange Act of 1934 (Exchange Act), the      number of violations have occurred or
                                                                                                                                                                 the public interest; (ii) for the protection
                                                  rules and regulations thereunder, the by-laws and        where there has been manipulative
                                                  Rules of the Exchange or any interpretation thereof,     activity in the entry of such trade                   of investors; or (iii) otherwise in
                                                  and the Rules, Regulations, resolutions and stated       information, these actions will be                    furtherance of the purposes of the Act.
                                                  policies of the Board of Directors or any Committee
                                                                                                           brought by the Regulatory group to the                If the Commission takes such action, the
                                                  of the Exchange, shall be subject to the disciplinary                                                          Commission shall institute proceedings
                                                  jurisdiction of the Exchange, and after notice and       Business Conduct Committee for further
                                                  opportunity for a hearing may be appropriately           action. The Exchange will enumerate                   to determine whether the proposed rule
                                                  disciplined by expulsion, suspension, fine, censure,     the facts and circumstances surrounding               should be approved or disapproved.
                                                  limitation or termination as to activities, functions,
                                                  operations, or association with a member or
                                                                                                           the violations and present an                         IV. Solicitation of Comments
                                                  member organization, or any other fitting sanction       appropriate sanction in light of the                    Interested persons are invited to
                                                  in accordance with the provisions of these               circumstances to the Business Conduct                 submit written data, views, and
                                                  disciplinary Rules. See Phlx Rule 960.1(a). Further,     Committee.
                                                  whenever the staff of the Exchange has a reasonable                                                            arguments concerning the foregoing,
                                                  basis to believe that a violation within the
                                                                                                              This filing is non-controversial
                                                                                                           because the Exchange will continue to
mstockstill on DSK3G9T082PROD with NOTICES




                                                  disciplinary jurisdiction of the Exchange has                                                                    9 15  U.S.C. 78s(b)(3)(A)(iii).
                                                  occurred, a written report shall be submitted to the     regulate members for violations of Rule                 10 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                  Business Conduct Committee specifying the                OFPA F–1, albeit in a slightly different              4(f)(6) requires a self-regulatory organization to give
                                                  violations which are believed to have occurred and
                                                  those facts which gave rise to these violations. See
                                                                                                           matter. The result may be the                         the Commission written notice of its intent to file
                                                                                                           imposition of the same fines by the                   the proposed rule change at least five business days
                                                  Phlx Rule 960.2(d).                                                                                            prior to the date of filing of the proposed rule
                                                    5 See Phlx Rules 960–970.                              Business Conduct Committee.                           change, or such shorter time as designated by the
                                                    6 15 U.S.C. 78f(b).
                                                                                                                                                                 Commission. The Exchange has satisfied this
                                                    7 15 U.S.C. 78f(b)(5).                                  8 See   note 4 above.                                requirement.



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                                                                              Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Notices                                                70449

                                                  including whether the proposed rule                       SECURITIES AND EXCHANGE                                  Section 19(b)(2) of the Act 5 provides
                                                  change is consistent with the Act.                        COMMISSION                                            that, within 45 days of the publication
                                                  Comments may be submitted by any of                                                                             of notice of the filing of a proposed rule
                                                                                                            [Release No. 34–79051; File No. SR–NYSE–
                                                  the following methods:                                    2016–55]
                                                                                                                                                                  change, or within such longer period up
                                                                                                                                                                  to 90 days as the Commission may
                                                  Electronic Comments
                                                                                                            Self-Regulatory Organizations; New                    designate if it finds such longer period
                                                    • Use the Commission’s Internet                         York Stock Exchange LLC; Notice of                    to be appropriate and publishes its
                                                  comment form (http://www.sec.gov/                         Designation of a Longer Period for                    reasons for so finding or as to which the
                                                  rules/sro.shtml); or                                      Commission Action on Proposed Rule                    self-regulatory organization consents,
                                                                                                            Change Adopting Maximum Fees                          the Commission shall either approve the
                                                    • Send an email to rule-comments@                                                                             proposed rule change, disapprove the
                                                  sec.gov. Please include File Number SR–                   Member Organizations May Charge in
                                                                                                            Connection With the Distribution of                   proposed rule change, or institute
                                                  Phlx–2016–96 on the subject line.                                                                               proceedings to determine whether the
                                                                                                            Investment Company Shareholder
                                                  Paper Comments                                            Reports Pursuant to Any Electronic                    proposed rule change should be
                                                                                                            Delivery Rules Adopted by the                         disapproved. The 45th day for this filing
                                                    • Send paper comments in triplicate                     Securities and Exchange Commission                    is October 6, 2016.
                                                  to Brent J. Fields, Secretary, Securities                                                                          The Commission is extending the 45-
                                                  and Exchange Commission, 100 F Street                     October 5, 2016.
                                                                                                               On August 15, 2016, New York Stock                 day time period for Commission action
                                                  NE., Washington, DC 20549–1090.                                                                                 on the proposed rule change. The
                                                                                                            Exchange (‘‘NYSE’’) filed with the
                                                  All submissions should refer to File                      Securities and Exchange Commission                    Commission finds that it is appropriate
                                                  Number SR–Phlx–2016–96. This file                         (‘‘Commission’’), pursuant to Section                 to designate a longer period within
                                                  number should be included on the                          19(b)(1) of the Securities Exchange Act               which to take action on the proposed
                                                  subject line if email is used. To help the                of 1934 (‘‘Act’’) 1 and Rule 19b–4                    rule change so that it has sufficient time
                                                  Commission process and review your                        thereunder,2 a proposed rule change to                to consider the Exchange’s proposal, as
                                                  comments more efficiently, please use                     adopt maximum fees NYSE member                        described above. Accordingly, pursuant
                                                  only one method. The Commission will                      organizations may charge in connection                to Section 19(b)(2) of the Act,6 and for
                                                  post all comments on the Commission’s                     with the distribution of investment                   the reason noted above, the Commission
                                                  Internet Web site (http://www.sec.gov/                    company shareholder reports pursuant                  designates November 20, 2016, as the
                                                  rules/sro.shtml). Copies of the                           to any notice and access delivery rules               date by which the Commission shall
                                                  submission, all subsequent                                adopted by the Commission. The                        either approve or disapprove or institute
                                                  amendments, all written statements                        proposed rule change was published for                proceedings to determine whether to
                                                  with respect to the proposed rule                         comment in the Federal Register on                    disapprove the proposed rule change
                                                  change that are filed with the                            August 22, 2016.3 The Commission                      (File No. SR–NYSE–2016–55).
                                                  Commission, and all written                               received fourteen comment letters on                    For the Commission, by the Division of
                                                  communications relating to the                            the proposal.4                                        Trading and Markets, pursuant to delegated
                                                  proposed rule change between the                                                                                authority.7
                                                  Commission and any person, other than                       1 15 U.S.C. 78s(b)(1).                              Brent J. Fields,
                                                  those that may be withheld from the                         2 17 CFR 240.19b–4.                                 Secretary.
                                                  public in accordance with the                               3 See Securities Exchange Act Release No. 78589
                                                                                                                                                                  [FR Doc. 2016–24576 Filed 10–11–16; 8:45 am]
                                                  provisions of 5 U.S.C. 552, will be                       (August 16, 2016), 81 FR 56717.
                                                                                                              4 See letters to Brent J. Fields, Secretary,        BILLING CODE 8011–01–P
                                                  available for Web site viewing and                        Commission from: James R. Rooney, Chief Financial
                                                  printing in the Commission’s Public                       Officer and Treasurer, Aril Investment Trust, dated
                                                  Reference Room, 100 F Street NE.,                         September 8, 2016; Mortimer J. Buckley, Chief         SECURITIES AND EXCHANGE
                                                  Washington, DC 20549, on official                         Investment Officer, Vanguard, dated September 12,
                                                                                                            2016; Barbara Novick, Vice Chairman, and
                                                                                                                                                                  COMMISSION
                                                  business days between the hours of                        Benjamin Archibald, Managing Director, BlackRock,
                                                  10:00 a.m. and 3:00 p.m. Copies of the                    Inc., dated September 12, 2016; Charles V. Callan,    [Release No. 34–79056; File No. SR–
                                                  filing also will be available for                         SVP Regulatory Affairs, Broadridge Financial          NYSEMKT–2016–62]
                                                  inspection and copying at the principal                   Solutions, Inc., dated September 12, 2016; John
                                                                                                            Zerr, Managing Director and General Counsel,
                                                  office of the Exchange. All comments                      Invesco Advisers, Inc., dated September 12, 2016;     Self-Regulatory Organizations; NYSE
                                                  received will be posted without change;                   Amy B.R. Lancellotta, Managing Director,              MKT LLC; Order Granting Approval of
                                                  the Commission does not edit personal                     Independent Directors Council, dated September        Proposed Rule Change Amending
                                                  identifying information from                              12, 2016; David G. Booth, President and Co-Chief      Section 146 of the NYSE MKT
                                                                                                            Executive Officer, Dimensional Fund Advisers LP,
                                                  submissions. You should submit only                       dated September 12, 2016; David W. Blass, General     Company Guide To Adjust the
                                                  information that you wish to make                         Counsel, Investment Company Institute, dated          Entitlement to Services of Special
                                                  available publicly. All submissions                       September 12, 2016; Darrell N. Braman, Vice           Purpose Acquisition Companies
                                                  should refer to File Number SR–Phlx–                      President & Managing Counsel, T. Rowe Price
                                                                                                            Associates, Inc., dated September 12, 2016; Mark N.   October 6, 2016.
                                                  2016–96 and should be submitted on or                     Polebaum, Executive Vice President and General
                                                  before November 2, 2016.                                  Counsel, MFS Investment Management, dated             I. Introduction
                                                    For the Commission, by the Division of                  September 12, 2016; Thomas E. Faust Jr., Chairman
                                                  Trading and Markets, pursuant to delegated
                                                                                                            and Chief Executive Officer, Eaton Vance Corp.,          On August 2, 2016, NYSE MKT LLC
                                                                                                            dated September 12, 2016; Ellen Greene, Managing
mstockstill on DSK3G9T082PROD with NOTICES




                                                  authority.11                                                                                                    (‘‘NYSE MKT’’ or ‘‘Exchange’’) filed
                                                                                                            Director, Securities Industry and Financial Markets
                                                  Brent J. Fields,                                          Association, dated September 15, 2016; Christopher    with the Securities and Exchange
                                                                                                            O. Petersen, President, Columbia Mutual Funds,        Commission (‘‘Commission’’), pursuant
                                                  Secretary.                                                Columbia Threadneedle Investments, dated              to Section 19(b)(1) of the Securities
                                                  [FR Doc. 2016–24572 Filed 10–11–16; 8:45 am]              September 15, 2016 (‘‘Columbia Letter’’); and
                                                  BILLING CODE 8011–01–P
                                                                                                            Rodney D. Johnson, Chairman, The Independent
                                                                                                                                                                    5 15    U.S.C. 78s(b)(2).
                                                                                                            Directors of the Blackrock Equity-Liquidity Funds,
                                                                                                                                                                    6 Id.
                                                                                                            dated September 27, 2016 (‘‘Blackrock Directors
                                                    11 17   CFR 200.30–3(a)(12).                            Letter’’).                                              7 17    CFR 200.30–3(a)(31).



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Document Created: 2016-10-12 00:56:09
Document Modified: 2016-10-12 00:56:09
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 70447 

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