81 FR 8566 - Program for Allocation of Regulatory Responsibilities Pursuant to Rule 17d-2; Notice of Filing of Proposed Plan for the Allocation of Regulatory Responsibilities Between the Financial Industry Regulatory Authority, Inc. and ISE Mercury, LLC
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 33 (February 19, 2016)
Federal Register Volume 81, Issue 33 (February 19, 2016)
| Page Range | 8566-8571 | |
| FR Document | 2016-03300 |
[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)] [Notices] [Pages 8566-8571] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03300] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-77122; File No. 4-697] Program for Allocation of Regulatory Responsibilities Pursuant to Rule 17d-2; Notice of Filing of Proposed Plan for the Allocation of Regulatory Responsibilities Between the Financial Industry Regulatory Authority, Inc. and ISE Mercury, LLC February 11, 2016. Pursuant to Section 17(d) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 17d-2 thereunder,\2\ notice is hereby given that on February 9, 2016, ISE Mercury, LLC (``ISE Mercury'') and the Financial Industry Regulatory Authority, Inc. (``FINRA'') (together with ISE Mercury, the ``Parties'') filed with the Securities and Exchange Commission (``Commission'' or ``SEC'') a plan for the allocation of regulatory responsibilities, dated February 8, 2016 (``17d-2 Plan'' or the ``Plan''). The Commission is publishing this notice to solicit comments on the 17d-2 Plan from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78q(d). \2\ 17 CFR 240.17d-2. --------------------------------------------------------------------------- I. Introduction Section 19(g)(1) of the Act,\3\ among other things, requires every self-regulatory organization (``SRO'') registered as either a national securities exchange or national securities association to examine for, and enforce compliance by, its members and persons associated with its members with the Act, the rules and regulations thereunder, and the SRO's own rules, unless the SRO is relieved of this responsibility pursuant to Section 17(d) or Section 19(g)(2) of the Act.\4\ Without this relief, the statutory obligation of each individual SRO could result in a pattern of multiple examinations of broker-dealers that maintain memberships in more than one SRO (``common members'') for compliance with certain rules that are substantially [[Page 8567]] identical across multiple SROs. Such regulatory duplication would add unnecessary expenses for common members and their SROs. --------------------------------------------------------------------------- \3\ 15 U.S.C. 78s(g)(1). \4\ 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), respectively. --------------------------------------------------------------------------- Section 17(d)(1) of the Act \5\ was intended, in part, to eliminate unnecessary multiple examinations and regulatory duplication.\6\ With respect to a common member, Section 17(d)(1) authorizes the Commission, by rule or order, to relieve an SRO of the responsibility to receive regulatory reports, to examine for and enforce compliance with applicable statutes, rules, and regulations, or to perform other specified regulatory functions. --------------------------------------------------------------------------- \5\ 15 U.S.C. 78q(d)(1). \6\ See Securities Act Amendments of 1975, Report of the Senate Committee on Banking, Housing, and Urban Affairs to Accompany S. 249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975). --------------------------------------------------------------------------- To implement Section 17(d)(1), the Commission adopted two rules: Rule 17d-1 and Rule 17d-2 under the Act.\7\ Rule 17d-1 authorizes the Commission to name a single SRO as the designated examining authority (``DEA'') to examine common members for compliance with the financial responsibility requirements imposed by the Act, or by Commission or SRO rules.\8\ When an SRO has been named as a common member's DEA, all other SROs to which the common member belongs are relieved of the responsibility to examine the firm for compliance with the applicable financial responsibility rules. On its face, Rule 17d-1 deals only with an SRO's obligations to enforce member compliance with financial responsibility requirements. Rule 17d-1 does not relieve an SRO from its obligation to examine a common member for compliance with its own rules and provisions of the federal securities laws governing matters other than financial responsibility, including sales practices and trading activities and practices. --------------------------------------------------------------------------- \7\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively. \8\ See Securities Exchange Act Release No. 12352 (April 20, 1976), 41 FR 18808 (May 7, 1976). --------------------------------------------------------------------------- To address regulatory duplication in these and other areas, the Commission adopted Rule 17d-2 under the Act.\9\ Rule 17d-2 permits SROs to propose joint plans for the allocation of regulatory responsibilities with respect to their common members. Under paragraph (c) of Rule 17d-2, the Commission may declare such a plan effective if, after providing for appropriate notice and comment, it determines that the plan is necessary or appropriate in the public interest and for the protection of investors; to foster cooperation and coordination among the SROs; to remove impediments to, and foster the development of, a national market system and a national clearance and settlement system; and is in conformity with the factors set forth in Section 17(d) of the Act. Commission approval of a plan filed pursuant to Rule 17d-2 relieves an SRO of those regulatory responsibilities allocated by the plan to another SRO. --------------------------------------------------------------------------- \9\ See Securities Exchange Act Release No. 12935 (October 28, 1976), 41 FR 49091 (November 8, 1976). --------------------------------------------------------------------------- II. Proposed Plan The proposed 17d-2 Plan is intended to reduce regulatory duplication for firms that are common members of both ISE Mercury and FINRA.\10\ Pursuant to the proposed 17d-2 Plan, FINRA would assume certain examination and enforcement responsibilities for common members with respect to certain applicable laws, rules, and regulations. --------------------------------------------------------------------------- \10\ The proposed 17d-2 Plan refers to these common members as ``Dual Members.'' See Paragraph 1(c) of the proposed 17d-2 Plan. --------------------------------------------------------------------------- The text of the Plan delineates the proposed regulatory responsibilities with respect to the Parties. Included in the proposed Plan is an exhibit (the ``ISE Mercury Certification of Common Rules,'' referred to herein as the ``Certification'') that lists every ISE Mercury rule, and select federal securities laws, rules, and regulations, for which FINRA would bear responsibility under the Plan for overseeing and enforcing with respect to ISE Mercury members that are also members of FINRA and the associated persons therewith (``Dual Members''). Specifically, under the 17d-2 Plan, FINRA would assume examination and enforcement responsibility relating to compliance by Dual Members with the rules of ISE Mercury that are substantially similar to the applicable rules of FINRA,\11\ as well as any provisions of the federal securities laws and the rules and regulations thereunder delineated in the Certification (``Common Rules''). In the event that a Dual Member is the subject of an investigation relating to a transaction on ISE Mercury, the plan acknowledges that ISE Mercury may, in its discretion, exercise concurrent jurisdiction and responsibility for such matter.\12\ --------------------------------------------------------------------------- \11\ See paragraph 1(b) of the proposed 17d-2 Plan (defining Common Rules). See also paragraph 1(f) of the proposed 17d-2 Plan (defining Regulatory Responsibilities). Paragraph 2 of the Plan provides that annually, or more frequently as required by changes in either ISE MERCURY rules or FINRA rules, the parties shall review and update, if necessary, the list of Common Rules. Further, paragraph 3 of the Plan provides that ISE MERCURY shall furnish FINRA with a list of Dual Members, and shall update the list no less frequently than once each calendar quarter. \12\ See paragraph 6 of the proposed 17d-2 Plan. --------------------------------------------------------------------------- Under the Plan, ISE Mercury would retain full responsibility for surveillance and enforcement with respect to trading activities or practices involving ISE Mercury's own marketplace, including, without limitation, registration pursuant to its applicable rules of associated persons (i.e., registration rules that are not Common Rules); its duties as a DEA pursuant to Rule 17d-1 under the Act; and any ISE Mercury rules that are not Common Rules.\13\ --------------------------------------------------------------------------- \13\ See paragraph 2 of the proposed 17d-2 Plan. --------------------------------------------------------------------------- The text of the proposed 17d-2 Plan is as follows: AGREEMENT BETWEEN FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. AND ISE MERCURY, LLC PURSUANT TO RULE 17d-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934 This Agreement, by and between Financial Industry Regulatory Authority, Inc. (``FINRA'') and ISE Mercury, LLC (``ISE Mercury''), is made this 8th day of February, 2016 (the ``Agreement''), pursuant to Section 17(d) of the Securities Exchange Act of 1934 (the ``Exchange Act'') and Rule 17d-2 thereunder which permits agreements between self- regulatory organizations to allocate regulatory responsibility to eliminate regulatory duplication. FINRA and ISE Mercury may be referred to individually as a ``party'' and together as the ``parties.'' WHEREAS, FINRA and ISE Mercury desire to reduce duplication in the examination of their Dual Members (as defined herein) and in the filing and processing of certain registration and membership records; and WHEREAS, FINRA and ISE Mercury desire to execute an agreement covering such subjects pursuant to the provisions of Rule 17d-2 under the Exchange Act and to file such agreement with the Securities and Exchange Commission (the ``SEC'' or ``Commission'') for its approval. NOW, THEREFORE, in consideration of the mutual covenants contained hereinafter, FINRA and ISE Mercury hereby agree as follows: 1. Definitions. Unless otherwise defined in this Agreement or the context otherwise requires, the terms used in this Agreement shall have the same meaning as they have under the Exchange Act and the rules and regulations thereunder. As used in this Agreement, the following terms shall have the following meanings: [[Page 8568]] (a) ``ISE Mercury Rules'' or ``FINRA Rules'' shall mean the rules of ISE Mercury or FINRA, respectively, as the rules of an exchange or association are defined in Exchange Act Section 3(a)(27). (b) ``Common Rules'' shall mean the ISE Mercury Rules that are substantially similar to the applicable FINRA Rules set forth in Exhibit 1 in that examination for compliance with such rules would not require FINRA to develop one or more new examination standards, modules, procedures, or criteria in order to analyze the application of the rule, or a Dual Member's activity, conduct, or output in relation to such rule. (c) ``Dual Members'' shall mean those ISE Mercury members that are also members of FINRA and the associated persons therewith. (d) ``Effective Date'' shall have the meaning set forth in paragraph 13. (e) ``Enforcement Responsibilities'' shall mean the conduct of appropriate proceedings, in accordance with the FINRA Code of Procedure (the Rule 9000 Series) and other applicable FINRA procedural rules, to determine whether violations of Common Rules have occurred, and if such violations are deemed to have occurred, the imposition of appropriate sanctions as specified under the FINRA's Code of Procedure and sanctions guidelines. (f) ``Regulatory Responsibilities'' shall mean the examination responsibilities and Enforcement Responsibilities relating to compliance by the Dual Members with the Common Rules and the provisions of the Exchange Act and the rules and regulations thereunder, and other applicable laws, rules and regulations, each as set forth on Exhibit 1 attached hereto. 2. Regulatory and Enforcement Responsibilities. FINRA shall assume Regulatory Responsibilities and Enforcement Responsibilities for Dual Members. Attached as Exhibit 1 to this Agreement and made part hereof, ISE Mercury furnished FINRA with a current list of Common Rules and certified to FINRA that such rules are substantially similar to the corresponding FINRA Rule (the ``Certification''). FINRA hereby agrees that the rules listed in the Certification are Common Rules as defined in this Agreement. Each year following the Effective Date of this Agreement, or more frequently if required by changes in either the ISE Mercury Rules or FINRA Rules, ISE Mercury shall submit an updated list of Common Rules to FINRA for review which shall add ISE Mercury Rules not included in the current list of Common Rules that qualify as Common Rules as defined in this Agreement; delete ISE Mercury Rules included in the current list of Common Rules that no longer qualify as Common Rules as defined in this Agreement; and confirm that the remaining rules on the current list of Common Rules continue to be ISE Mercury Rules that qualify as Common Rules as defined in this Agreement. Within 30 days of receipt of such updated list, FINRA shall confirm in writing whether the rules listed in any updated list are Common Rules as defined in this Agreement. Notwithstanding anything herein to the contrary, it is explicitly understood that the term ``Regulatory Responsibilities'' does not include, and ISE Mercury shall retain full responsibility for (unless otherwise addressed by separate agreement or rule) the following (collectively, the ``Retained Responsibilities''): (a) surveillance and enforcement with respect to trading activities or practices involving ISE Mercury's own marketplaces, including without limitation ISE Mercury's Rules relating to the rights and obligations of market makers; (b) registration pursuant to its applicable rules of associated persons (i.e., registration rules that are not Common Rules); (c) discharge of its duties and obligations as a Designated Examining Authority pursuant to Rule 17d-1 under the Exchange Act; and (d) any ISE Mercury Rules that are not Common Rules. 3. Dual Members. Prior to the Effective Date, ISE Mercury shall furnish FINRA with a current list of Dual Members, which shall be updated no less frequently than once each quarter. 4. No Charge. There shall be no charge to ISE Mercury by FINRA for performing the Regulatory Responsibilities and Enforcement Responsibilities under this Agreement except as hereinafter provided. FINRA shall provide ISE Mercury with ninety (90) days advance written notice in the event FINRA decides to impose any charges to ISE Mercury for performing the Regulatory Responsibilities under this Agreement. If FINRA determines to impose a charge, ISE Mercury shall have the right at the time of the imposition of such charge to terminate this Agreement; provided, however, that FINRA's Regulatory Responsibilities under this Agreement shall continue until the Commission approves the termination of this Agreement. 5. Reassignment of Regulatory Responsibilities. Notwithstanding any provision hereof, this Agreement shall be subject to any statute, or any rule or order of the Commission. To the extent such action is inconsistent with this Agreement, such action shall supersede the provisions hereof to the extent necessary for them to be properly effectuated and the provisions hereof in that respect shall be null and void. 6. Notification of Violations. In the event that FINRA becomes aware of apparent violations of any ISE Mercury Rules, which are not listed as Common Rules, discovered pursuant to the performance of the Regulatory Responsibilities assumed hereunder, FINRA shall notify ISE Mercury of those apparent violations for such response as ISE Mercury deems appropriate. In the event ISE Mercury becomes aware of apparent violations of the Common Rules, discovered pursuant to the performance of the Retained Responsibilities, ISE Mercury shall notify FINRA of those apparent violations and such matters shall be handled by FINRA as provided in this Agreement. Apparent violations of all the Common Rules shall be processed by, and enforcement proceedings in respect thereto shall be conducted by FINRA as provided hereinbefore; provided, however, that in the event a Dual Member is the subject of an investigation relating to a transaction on ISE Mercury, ISE Mercury may in its discretion assume concurrent jurisdiction and responsibility. Each party agrees to make available promptly all files, records and witnesses necessary to assist the other in its investigation or proceedings. 7. Continued Assistance. FINRA shall make available to ISE Mercury all information obtained by FINRA in the performance by it of the Regulatory Responsibilities hereunder in respect to the Dual Members subject to this Agreement. In particular, and not in limitation of the foregoing, FINRA shall furnish ISE Mercury any information it obtains about Dual Members which reflects adversely on their financial condition. It is understood that such information is of an extremely sensitive nature and, accordingly, ISE Mercury acknowledges and agrees to take all reasonable steps to maintain its confidentiality. ISE Mercury shall make available to FINRA any information coming to its attention that reflects adversely on the financial condition of Dual Members or indicates possible violations of applicable laws, rules or regulations by such firms. 8. Dual Member Applications. (a) Dual Members subject to this Agreement shall be required to submit, and FINRA shall be responsible for processing and acting upon all [[Page 8569]] applications submitted on behalf of allied persons, partners, officers, registered personnel and any other person required to be approved by the ISE Mercury Rules and FINRA Rules or associated with Dual Members thereof. Upon request, FINRA shall advise ISE Mercury of any changes of allied members, partners, officers, registered personnel and other persons required to be approved by the ISE Mercury Rules and FINRA Rules. (b) Dual Members shall be required to send to FINRA all letters, termination notices or other material respecting the individuals listed in paragraph 8(a). (c) When as a result of processing such submissions FINRA becomes aware of a statutory disqualification as defined in the Exchange Act with respect to a Dual Member, FINRA shall determine pursuant to Sections 15A(g) and/or Section 6(c) of the Exchange Act the acceptability or continued applicability of the person to whom such disqualification applies and keep ISE Mercury advised of its actions in this regard for such subsequent proceedings as ISE Mercury may initiate. (d) Notwithstanding the foregoing, FINRA shall not review the membership application, reports, filings, fingerprint cards, notices, or other writings filed to determine if such documentation submitted by a broker or dealer, or a person associated therewith or other persons required to register or qualify by examination: (i) meets the ISE Mercury requirements for general membership or for specified categories of membership or participation in ISE Mercury, such as (A) Primary Market Maker Membership (``PMM''); (B) Competitive Market Maker Membership (``CMM''); (C) Electronic Access Membership (``EAM'') (or any similar type of ISE Mercury membership or participation that is created after this Agreement is executed); or (ii) meets the ISE Mercury requirements to be associated with, or employed by, a ISE Mercury member or participant in any capacity, such a Designated Trading Representative (``DTR'') (or any similar type of participation, employment category or title, or associate-person category or class that is created after this Agreement is executed). FINRA shall not review applications or other documentation filed to request a change in the rights or status described in this paragraph 8(d), including termination or limitation on activities, of a member or a participant of ISE Mercury, or a person associated with, or requesting association with, a member or participant of ISE Mercury. 9. Branch Office Information. FINRA shall also be responsible for processing and, if required, acting upon all requests for the opening, address changes, and terminations of branch offices by Dual Members and any other applications required of Dual Members with respect to the Common Rules as they may be amended from time to time. Upon request, FINRA shall advise ISE Mercury of the opening, address change and termination of branch and main offices of Dual Members and the names of such branch office managers. 10. Customer Complaints. ISE Mercury shall forward to FINRA copies of all customer complaints involving Dual Members received by ISE Mercury relating to FINRA's Regulatory Responsibilities under this Agreement. It shall be FINRA's responsibility to review and take appropriate action in respect to such complaints. 11. No Restrictions on Regulatory Action. Nothing contained in this Agreement shall restrict or in any way encumber the right of either party to conduct its own independent or concurrent investigation, examination or enforcement proceeding of or against Dual Members, as either party, in its sole discretion, shall deem appropriate or necessary. 12. Termination. This Agreement may be terminated by ISE Mercury or FINRA at any time upon the approval of the Commission after one (1) year's written notice to the other party (or such shorter time as may be agreed by the parties), except as provided in paragraph 4. 13. Effective Date. This Agreement shall be effective upon approval of the Commission. 14. Arbitration. In the event of a dispute between the parties as to the operation of this Agreement, ISE Mercury and FINRA hereby agree that any such dispute shall be settled by arbitration in Washington, DC in accordance with the rules of the American Arbitration Association then in effect, or such other procedures as the parties may mutually agree upon. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. 15. Separate Agreement. This Agreement is wholly separate from (1) the multiparty Agreement made pursuant to Rule 17d-2 of the Exchange Act among BATS Exchange, Inc., BOX Options Exchange, LLC, the Chicago Board Options Exchange, Incorporated, C2 Options Exchange, Incorporated, the International Securities Exchange, LLC, Financial Industry Regulatory Authority, Inc., Miami International Securities Exchange, LLC, the New York Stock Exchange, LLC, the NYSE MKT LLC, the NYSE Arca Inc., The NASDAQ Stock Market LLC, NASDAQ OMX BX, Inc., and the NASDAQ OMX PHLX, LLC approved by the Commission on December 5, 2012 involving the allocation of regulatory responsibilities with respect to common members for compliance with common rules relating to the conduct by broker-dealers of accounts for listed options or index warrants or (2) the multiparty Agreement made pursuant to Rule 17d-2 of the Exchange Act among NYSE MKT LLC, BATS Exchange, Inc., BOX Options Exchange, LLC, C2 Options Exchange, Incorporated, Chicago Board Options Exchange, Incorporated, International Securities Exchange LLC, Financial Industry Regulatory Authority, Inc., NYSE Arca, Inc., The NASDAQ Stock Market LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX, Inc. and Miami International Securities Exchange, LLC, approved by the Commission on December 5, 2012 involving options-related market surveillance matters and such agreements as may be amended from time to time. 16. Notification of Members. ISE Mercury and FINRA shall notify Dual Members of this Agreement after the Effective Date by means of a uniform joint notice. 17. Amendment. This Agreement may be amended in writing duly approved by each party. All such amendments must be filed with and approved by the Commission before they become effective. 18. Limitation of Liability. Neither FINRA nor ISE Mercury nor any of their respective directors, governors, officers or employees shall be liable to the other party to this Agreement for any liability, loss or damage resulting from or claimed to have resulted from any delays, inaccuracies, errors or omissions with respect to the provision of Regulatory Responsibilities as provided hereby or for the failure to provide any such responsibility, except with respect to such liability, loss or damages as shall have been suffered by one or the other of FINRA or ISE Mercury and caused by the willful misconduct of the other party or their respective directors, governors, officers or employees. No warranties, express or implied, are made by FINRA or ISE Mercury with respect to any of the responsibilities to be performed by each of them hereunder. 19. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or [[Page 8570]] affecting the validity or enforceability of any of the terms or provisions of this Agreement in any other jurisdiction. 20. Relief from Responsibility. Pursuant to Sections 17(d)(1)(A) and 19(g) of the Exchange Act and Rule 17d-2 thereunder, FINRA and ISE Mercury join in requesting the Commission, upon its approval of this Agreement or any part thereof, to relieve ISE Mercury of any and all responsibilities with respect to matters allocated to FINRA pursuant to this Agreement; provided, however, that this Agreement shall not be effective until the Effective Date. 21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and such counterparts together shall constitute one and the same instrument. IN WITNESS WHEREOF, each party has executed or caused this Agreement to be executed on its behalf by a duly authorized officer as of the date first written above. FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. By--------------------------------------------------------------------- Name: Title: ISE MERCURY, LLC By--------------------------------------------------------------------- Name: Title: EXHIBIT 1 ISE MERCURY CERTIFICATION OF COMMON RULES ISE Mercury hereby certifies that the requirements contained in the rules listed below for ISE Mercury are identical to, or substantially similar to, the comparable FINRA Rules or SEC Rules identified. ------------------------------------------------------------------------ ISE Mercury rule FINRA or SEC rule 1 ------------------------------------------------------------------------ 400 Just and Equitable Principles of FINRA Rule 2010 Standards of Trade. Commercial Honor and Just and Equitable Principles of Trade; FINRA Rule 0140(a) Applicability. 408(a)(1) Prevention of the Misuse of Section 15(f) of the Securities Material, Nonpublic Information. Exchange Act of 1934. 409 Disciplinary Action .............. FINRA Rule 4530(a)(1)(A) and (2) Reporting Requirements. 420 Anti-Money Laundering Compliance FINRA Rule 3310 Anti-Money Program . Laundering Compliance Program. 603 Termination of Registered Persons.. FINRA By-Laws, Article V, Section 3. 604 Continuing Education for Registered FINRA Rule 1250 Continuing Persons 2 . Education Requirements. 614 Statements of Financial Condition Rule 17a-5 of the Securities to Customers. Exchange Act of 1934. 622 Transfer of Accounts............... FINRA rule 11870 Customer Account Transfer Contracts. 626 Telephone Solicitation............. FINRA Rule 3230 Telemarketing. 1400(a) Maintenance, Retention, and FINRA Rule 4511(a) Books and Furnishing of Books, Records and Other Records--Requirements. Information 3. ------------------------------------------------------------------------ INRA shall not have Regulatory Responsibilities regarding notification or reporting to ISE Mercury. In addition, FINRA shall only have Regulatory Responsibilities to the extent the exercise of discretion by ISE Mercury is the same as FINRA. 1 ISE Mercury will be responsible for any significant differences between its rules and the comparable FINRA rule identified, until such time amendments to such rule(s) become operative. 2 FINRA shall not have Regulatory Responsibilities with regard to the application of the rule to the Series 56 registration. 3 FINRA shall not have Regulatory Responsibilities regarding the requirement to ``keep current and preserve such books and records as the Exchange may prescribe;'' responsibility for such requirement remains with ISE Mercury. III. Date of Effectiveness of the Proposed Plan and Timing for Commission Action Pursuant to Section 17(d)(1) of the Act \14\ and Rule 17d-2 thereunder,\15\ after March 7, 2016, the Commission may, by written notice, declare the plan submitted by ISE Mercury and FINRA, File No. 4-697, to be effective if the Commission finds that the plan is necessary or appropriate in the public interest and for the protection of investors, to foster cooperation and coordination among self- regulatory organizations, or to remove impediments to and foster the development of the national market system and a national system for the clearance and settlement of securities transactions and in conformity with the factors set forth in Section 17(d) of the Act. --------------------------------------------------------------------------- \14\ 15 U.S.C. 78q(d)(1). \15\ 17 CFR 240.17d-2. --------------------------------------------------------------------------- IV. Solicitation of Comments In order to assist the Commission in determining whether to approve the proposed 17d-2 Plan and to relieve ISE Mercury of the responsibilities which would be assigned to FINRA, interested persons are invited to submit written data, views, and arguments concerning the foregoing. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml); or Send an email to [email protected]. Please include File Number 4-697 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, Station Place, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number 4-697. 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/other.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed plan that are filed with the Commission, and all written communications relating to the proposed plan 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, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the plan also will be available for inspection and copying at the principal offices of ISE Mercury and FINRA. 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 4-697 and should be submitted on or before March 7, 2016. --------------------------------------------------------------------------- \16\ 17 CFR 200.30-3(a)(34). [[Page 8571]] --------------------------------------------------------------------------- For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\16\ Robert W. Errett, Deputy Secretary. [FR Doc. 2016-03300 Filed 2-18-16; 8:45 am] BILLING CODE 8011-01-P
![8566 Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices
corresponding increase in order flow action is: (i) Necessary or appropriate in 2016–010 and should be submitted on
from other market participants. the public interest; (ii) for the protection or before March 11, 2016.
Moreover, unlike others market of investors; or (iii) otherwise in For the Commission, by the Division of
participants each BX Options Market furtherance of the purposes of the Act. Trading and Markets, pursuant to delegated
Maker commits to various obligations. If the Commission takes such action, the authority.40
These obligations include, for example, Commission shall institute proceedings Robert W. Errett,
transactions of a BX Market Maker must to determine whether the proposed rule Deputy Secretary.
constitute a course of dealings should be approved or disapproved. [FR Doc. 2016–03392 Filed 2–18–16; 8:45 am]
reasonably calculated to contribute to
IV. Solicitation of Comments BILLING CODE 8011–01–P
the maintenance of a fair and orderly
market, and Market Makers should not Interested persons are invited to
make bids or offers or enter into submit written data, views, and SECURITIES AND EXCHANGE
transactions that are inconsistent with arguments concerning the foregoing, COMMISSION
such course of dealings.38 including whether the proposed rule
In this instance, the proposed changes change is consistent with the Act. [Release No. 34–77122; File No. 4–697]
to the fees and rebates for Penny Pilot Comments may be submitted by any of
Program for Allocation of Regulatory
Options and for Non-Penny Pilot the following methods:
Responsibilities Pursuant to Rule 17d–
Options to add a new Firm column, and
Electronic Comments 2; Notice of Filing of Proposed Plan for
establishing a SPY Options Tiers
the Allocation of Regulatory
Schedule, do not impose a burden on • Use the Commission’s Internet
Responsibilities Between the Financial
competition because the Exchange’s comment form (http://www.sec.gov/
Industry Regulatory Authority, Inc. and
execution and routing services are rules/sro.shtml); or
ISE Mercury, LLC
completely voluntary and subject to • Send an email to rule-comments@
extensive competition both from other sec.gov. Please include File Number SR– February 11, 2016.
exchanges and from off-exchange BX–2016–010 on the subject line. Pursuant to Section 17(d) of the
venues. If the changes proposed herein Securities Exchange Act of 1934
are unattractive to market participants, Paper Comments
(‘‘Act’’),1 and Rule 17d–2 thereunder,2
it is likely that the Exchange will lose • Send paper comments in triplicate notice is hereby given that on February
market share as a result. Accordingly, to Brent J. Fields, Secretary, Securities 9, 2016, ISE Mercury, LLC (‘‘ISE
the Exchange does not believe that the and Exchange Commission, 100 F Street Mercury’’) and the Financial Industry
proposed changes will impair the ability NE., Washington, DC 20549–1090. Regulatory Authority, Inc. (‘‘FINRA’’)
of members or competing order All submissions should refer to File (together with ISE Mercury, the
execution venues to maintain their Number SR–BX–2016–010. This file ‘‘Parties’’) filed with the Securities and
competitive standing in the financial number should be included on the Exchange Commission (‘‘Commission’’
markets. Additionally, the changes subject line if email is used. To help the or ‘‘SEC’’) a plan for the allocation of
proposed herein are pro-competitive to Commission process and review your regulatory responsibilities, dated
the extent that they continue to allow comments more efficiently, please use February 8, 2016 (‘‘17d–2 Plan’’ or the
the Exchange to promote and maintain only one method. The Commission will ‘‘Plan’’). The Commission is publishing
order executions. post all comments on the Commission’s this notice to solicit comments on the
C. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ 17d–2 Plan from interested persons.
Statement on Comments on the rules/sro.shtml). Copies of the I. Introduction
Proposed Rule Change Received From submission, all subsequent
amendments, all written statements Section 19(g)(1) of the Act,3 among
Members, Participants, or Others
with respect to the proposed rule other things, requires every self-
No written comments were either change that are filed with the regulatory organization (‘‘SRO’’)
solicited or received. Commission, and all written registered as either a national securities
III. Date of Effectiveness of the communications relating to the exchange or national securities
Proposed Rule Change and Timing for proposed rule change between the association to examine for, and enforce
Commission Action Commission and any person, other than compliance by, its members and persons
those that may be withheld from the associated with its members with the
Pursuant to Section 19(b)(3)(A)(ii) of Act, the rules and regulations
the Act,39 the Exchange has designated public in accordance with the
provisions of 5 U.S.C. 552, will be thereunder, and the SRO’s own rules,
this proposal as establishing or changing unless the SRO is relieved of this
a due, fee, or other charge imposed by available for Web site viewing and
printing in the Commission’s Public responsibility pursuant to Section 17(d)
the self-regulatory organization on any or Section 19(g)(2) of the Act.4 Without
person, whether or not the person is a Reference Room, 100 F Street NE.,
Washington, DC 20549, on official this relief, the statutory obligation of
member of the self-regulatory each individual SRO could result in a
organization, which renders the business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the pattern of multiple examinations of
proposed rule change effective upon broker-dealers that maintain
filing. filing also will be available for
inspection and copying at the principal memberships in more than one SRO
asabaliauskas on DSK5VPTVN1PROD with NOTICES
At any time within 60 days of the (‘‘common members’’) for compliance
filing of the proposed rule change, the office of the Exchange. All comments
received will be posted without change; with certain rules that are substantially
Commission summarily may
temporarily suspend such rule change if the Commission does not edit personal 40 17 CFR 200.30–3(a)(12).
it appears to the Commission that such identifying information from 1 15 U.S.C. 78q(d).
submissions. You should submit only 2 17 CFR 240.17d–2.
38 See Chapter VII, Section 5, entitled information that you wish to make 3 15 U.S.C. 78s(g)(1).
‘‘Obligations of Market Makers’’. available publicly. All submissions 4 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2),
39 15 U.S.C. 78s(b)(3)(A)(ii). should refer to File Number SR–BX– respectively.
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![Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices 8571
For the Commission, by the Division of techniques or other forms of information annual reporting burden of 1,152 hours
Trading and Markets, pursuant to delegated technology. Consideration will be given (18 hours per response x 64 responses).
authority.16 to comments and suggestions submitted Written comments are invited on: (a)
Robert W. Errett, in writing within 60 days of this Whether this proposed collection of
Deputy Secretary. publication. information is necessary for the
[FR Doc. 2016–03300 Filed 2–18–16; 8:45 am] An agency may not conduct or performance of the functions of the
BILLING CODE 8011–01–P sponsor, and a person is not required to agency, including whether the
respond to, a collection of information information will have practical utility;
unless it displays a currently valid (b) the accuracy of the agency’s estimate
SECURITIES AND EXCHANGE control number. of the burden imposed by the collection
COMMISSION Please direct your written comment to of information; (c) ways to enhance the
Pamela Dyson, Director/Chief quality, utility, and clarity of the
Proposed Collection; Comment Information Officer, Securities and information collected; and (d) ways to
Request Exchange Commission, c/o Remi Pavlik- minimize the burden of the collection of
Upon Written Request Copies Available Simon, 100 F Street NE., Washington, information on respondents, including
From: Securities and Exchange DC 20549 or send an email to: PRA_ through the use of automated collection
Commission, Office of FOIA Services, Mailbox@sec.gov. techniques or other forms of information
100 F Street NE., Washington, DC Dated: February 12, 2016. technology. Consideration will be given
20549–2736. Robert W. Errett, to comments and suggestions submitted
Extension: Deputy Secretary. in writing within 60 days of this
Schedule 14D–9F, SEC File No. 270–339, publication.
[FR Doc. 2016–03403 Filed 2–18–16; 8:45 am]
OMB Control No. 3235–0382. An agency may not conduct or
BILLING CODE 8011–01–P
Notice is hereby given that, pursuant sponsor, and a person is not required to
to the Paperwork Reduction Act of 1995 respond to, a collection of information
(44 U.S.C. 3501 et seq.), the Securities SECURITIES AND EXCHANGE unless it displays a currently valid
and Exchange Commission COMMISSION control number.
(‘‘Commission’’) is soliciting comments Please direct your written comment to
on the collection of information Proposed Collection; Comment Pamela Dyson, Director/Chief
summarized below. The Commission Request Information Officer, Securities and
plans to submit this existing collection Exchange Commission, c/o Remi Pavlik-
Upon Written Request Copies Available Simon, 100 F Street NE., Washington,
of information to the Office of From: Securities and Exchange
Management and Budget for extension DC 20549 or send an email to: PRA_
Commission, Office of FOIA Services, Mailbox@sec.gov.
and approval. 100 F Street NE., Washington, DC
Schedule 14D–9F (17 CFR 240.14d– 20549–2736. Dated: February 12, 2016.
103) under the Securities Exchange Act Robert W. Errett,
of 1934 (15 U.S.C. 78 et seq.) is used by Extension: Rule 14f–1, SEC File No. 270–127,
OMB Control No. 3235–0108. Deputy Secretary.
any foreign private issuer incorporated [FR Doc. 2016–03400 Filed 2–18–16; 8:45 am]
or organized under the laws of Canada Notice is hereby given that, pursuant
BILLING CODE 8011–01–P
or by any director or officer of such to the Paperwork Reduction Act of 1995
issuer, where the issuer is the subject of (44 U.S.C. 3501 et seq.), the Securities
a cash tender or exchange offer for a and Exchange Commission SECURITIES AND EXCHANGE
class of securities filed on Schedule (‘‘Commission’’) is soliciting comments COMMISSION
14D–1F. The information required to be on the collection of information
filed with the Commission is intended summarized below. The Commission
[Release No. 34–77125; File No. SR–Phlx–
to permit verification of compliance plans to submit this existing collection 2016–14]
with the securities law requirements of information to the Office of
and assures the public availability of Management and Budget for extension Self-Regulatory Organizations;
such information. We estimate that and approval. NASDAQ OMX PHLX LLC; Notice of
Schedule 14D–9F takes approximately 2 Under Exchange Act Rule 14f–1 (17 Filing and Immediate Effectiveness of
hours per response to prepare and is CFR 240.14f–1), if a person or persons Proposed Rule Change To Amend Rule
filed by approximately 6 respondents have acquired securities of an issuer in 1066
annually for a total reporting burden of a transaction subject to Sections 13(d) or
12 hours (2 hours per response x 6 14(d) of the Exchange Act, and changes February 12, 2016.
responses). a majority of the directors of the issuer Pursuant to Section 19(b)(1) of the
Written comments are invited on: (a) otherwise than at a meeting of security Securities Exchange Act of 1934
Whether this proposed collection of holders, then the issuer must file with (‘‘Act’’),1 and Rule 19b–4 thereunder,2
information is necessary for the proper the Commission and transmit to security notice is hereby given that on February
performance of the functions of the holders information related to the 4, 2016, NASDAQ OMX PHLX LLC
agency, including whether the change in directors within 10 days prior (‘‘Phlx’’ or ‘‘Exchange’’) filed with the
information will have practical utility; to the date the new majority takes office Securities and Exchange Commission
asabaliauskas on DSK5VPTVN1PROD with NOTICES
(b) the accuracy of the agency’s estimate as directors. The information filed (‘‘SEC’’ or ‘‘Commission’’) the proposed
of the burden imposed by the collection under Rule 14f–1 must be filed with the rule change as described in Items I, II,
of information; (c) ways to enhance the Commission and is publicly available. and III, below, which Items have been
quality, utility, and clarity of the We estimate that it takes approximately prepared by the Exchange. The
information collected; and (d) ways to 18 burden hours to provide the Commission is publishing this notice to
minimize the burden of the collection of information required under Rule 14f–1
information on respondents, including and that the information is filed by 1 15 U.S.C. 78s(b)(1).
through the use of automated collection approximately 64 respondents for a total 2 17 CFR 240.19b–4.
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Document Created: 2018-02-02 14:31:56
Document Modified: 2018-02-02 14:31:56
| 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 8566 |
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