82_FR_39799 82 FR 39639 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 925 To Create a Limited Exception to the Exchange's Procedures To Designate an Inactive Nominee as an Effective Permit Holder Intra-Day and Make a Non-Substantive Change to the Pricing Schedule

82 FR 39639 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 925 To Create a Limited Exception to the Exchange's Procedures To Designate an Inactive Nominee as an Effective Permit Holder Intra-Day and Make a Non-Substantive Change to the Pricing Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 160 (August 21, 2017)

Page Range39639-39641
FR Document2017-17548

Federal Register, Volume 82 Issue 160 (Monday, August 21, 2017)
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Notices]
[Pages 39639-39641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17548]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81401; File No. SR-Phlx-2017-68]


Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 925 
To Create a Limited Exception to the Exchange's Procedures To Designate 
an Inactive Nominee as an Effective Permit Holder Intra-Day and Make a 
Non-Substantive Change to the Pricing Schedule

August 15, 2017.
    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 August 7, 2017 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to (i) amend Rule 925 to create a limited 
exception to the Exchange's existing procedures to designate an 
Inactive Nominee as an effective permit holder and (ii) make a non-
substantive change to its Pricing Schedule related to the fees assessed 
to Inactive Nominees.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqphlx.cchwallstreet.com/ 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 purpose of the proposed rule change is to (i) amend Rule 925 to 
create a limited exception to the Exchange's existing procedures to 
designate an Inactive Nominee \3\ as an effective permit holder and 
(ii) make a non-substantive change to its Pricing Schedule related to 
the fees assessed to Inactive Nominees.
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    \3\ The term ``inactive nominee'' shall mean a natural person 
associated with and designated as such by a member organization and 
who has been approved for such status and is registered as such with 
the Membership Department. An inactive nominee shall have no rights 
or privileges under a permit unless and until said inactive nominee 
becomes admitted as a member of the Exchange pursuant to the By-Laws 
and Rules of the Exchange. An inactive nominee merely stands ready 
to exercise rights under a permit upon notice by the member 
organization to the Membership Department on an expedited basis. See 
Rule 1(l).
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Rule 925
    Today, the Exchange allows members on the Exchange's trading floor 
to designate an ``Inactive Nominee'' pursuant to Rule 925. Rule 925(i) 
requires, among other criteria, that an individual must be approved as 
eligible to hold a permit in accordance with the Exchange's By-Laws and 
Rules in order to be eligible for Inactive Nominee status. 
Additionally, the member organization with whom an Inactive Nominee is 
affiliated must pay an Inactive Nominee Fee for the privilege of 
maintaining the Inactive Nominee status.\4\ Furthermore, the Rule 
stipulates that an Inactive Nominee does not have any rights or 
privileges of a permit holder unless and until the Inactive Nominee 
becomes an effective permit holder and all applicable Exchange fees are 
paid.
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    \4\ The Exchange currently charges an Inactive Nominee Fee of 
$600 for a six month period, which will be assessed to the member 
organization at a rate of $100 per month for the applicable six 
month period unless the member organization provides proper notice 
of its intent to terminate an inactive nominee prior to the first 
day of the next billing month. An inactive nominee's status expires 
after six months unless it has been reaffirmed in writing by the 
member organization or is sooner terminated. A member organization 
will be assessed the Inactive Nominee Fee every time the status is 
reaffirmed. See the Exchange's Pricing Schedule at: http://nasdaqphlx.cchwallstreet.com/NASDAQPHLXTools/PlatformViewer.asp?selectednode=chp_1_4_10&manual=%2Fnasdaqomxphlx%2Fphlx%2Fphlx-rulesbrd%2F.
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    When a member organization desires to designate an Inactive Nominee 
as an effective permit holder, Rule 925(ii)(a) states that the member 
organization is required to notify the Exchange's

[[Page 39640]]

Membership Department, in writing, prior to the opening of trading on 
any business day the name of such Inactive Nominee. Further, the notice 
must identify the name of the permit holder that the Inactive Nominee 
will be acting on behalf of as well as the expected duration that such 
Inactive Nominee will remain activated.\5\
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    \5\ Inactive Nominees are essentially a pool of eligible 
individuals who can substitute for traders on the Exchange trading 
floor. The Inactive Nominee allows a member to have flexibility in 
obtaining coverage on the trading floor. An Inactive Nominee stands 
ready to assume a membership upon notice by the member requesting 
that a specific permit be transferred intra-firm on an expedited and 
temporary basis. This transfer allows an Inactive Nominee to become 
an effective member of the Exchange. For example, an Inactive 
Nominee might serve on behalf of a trader who needs to take leave 
for surgery, or could serve when a trader takes vacation leave. This 
allows a member organization to have full staff available to conduct 
business on the Exchange trading floor.
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    The Exchange now proposes to create a limited exception to the 
Exchange's existing procedures to designate an Inactive Nominee as an 
effective permit holder. In particular, the Exchange proposes to adopt 
a new provision at Rule 925(ii)(b) to permit member organizations to 
designate an Inactive Nominee intra-day in the event of an unforeseen 
emergency,\6\ provided that such intra-day designations must be 
approved by the Exchange's Chief Regulatory Officer (``CRO'') or his/
her designee prior to such Inactive Nominee becoming an effective 
permit holder. Other than to reduce the time period and to require 
prior approval of the CRO or his/her designee in the manner described 
above, the Exchange is not proposing any other changes to its existing 
procedures to designate an Inactive Nominee as an effective permit 
holder. Therefore, if a member organization seeks to obtain coverage on 
the trading floor intra-day due to unforeseen circumstances such as 
sudden illness, the proposed rule would still require the member 
organization to notify the Membership Department, in writing, of its 
desire to designate an Inactive Nominee as an effective permit holder 
intra-day. The notice must contain all of the information required 
under paragraph (ii)(a) (i.e., the name of such Inactive Nominee, the 
name of the permit holder that the Inactive Nominee will be acting on 
behalf of, and the expected duration that such Inactive Nominee will 
remain activated). Finally, the CRO or his/her designee must approve 
the member organization's intra-day designation in order for the 
Inactive Nominee to become an effective permit holder.
---------------------------------------------------------------------------

    \6\ Such circumstances include sudden illness, family 
emergencies or other unavoidable factors.
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    The Exchange believes that the proposed rule change is reasonable 
and would serve to enhance the application of Rule 925 by allowing 
members to quickly obtain coverage on the trading floor in limited 
cases where an unforeseen emergency arises intra-day, therefore making 
it impossible for a member to notify the Membership Department within 
the required time period under the current Rule. While these 
extraordinary circumstances rarely arise, the proposed rule change 
would give the CRO (or his/her designee in the CRO's absence) the 
flexibility to approve the intra-day designation so that members are 
not adversely affected by unforeseen factors that prevented them from 
notifying the Exchange within the allotted time period. Because each 
individual on the floor is required to have a permit in order to trade, 
such emergencies could especially affect members who have small 
propriety businesses on the Exchange trading floor and therefore rely 
on these Inactive Nominees as their only substitutes. Similarly, since 
the time the Exchange adopted rules establishing the Inactive 
Nominee,\7\ the number of permit holders associated with a member 
organization on the Exchange trading floor has decreased. For the 
foregoing reasons, the Exchange seeks to address these extraordinary 
circumstances and allow its members to obtain coverage in such cases so 
that they may continue to conduct their businesses efficiently. The 
Exchange further believes that requiring the CRO's approval of the 
intra-day designation would serve as a check to ensure that such 
designations would be made on a limited case-by-case basis.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 39851 (April 10, 
1998), 63 FR 19282 (April 17, 1998) (SR-PHLX-97-35) (order approving 
rule changes to establish the Inactive Nominee).
---------------------------------------------------------------------------

Pricing Schedule
    The Exchange is also proposing a non-substantive amendment to its 
Pricing Schedule at Section VI.A relating to the fees assessed to 
Inactive Nominees. In particular, Section VI.A of the Exchange's 
Pricing Schedule states that an Inactive Nominee is also assessed the 
Trading Floor Personnel Registration Fee.\8\ As part of a previous 
filing, the Exchange renamed this fee as a ``Clerk Fee'' but 
inadvertently retained the reference to ``Trading Floor Personnel 
Registration Fee'' in Section VI.A.\9\ The Exchange now proposes to 
replace the term ``Trading Floor Personnel Registration Fee'' with 
``Clerk Fee'' in this section. The Exchange will continue to assess 
Inactive Nominees the Clerk Fee as it is being assessed today.\10\
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    \8\ This fee is in addition to the Inactive Nominee Fee. See 
note 4 above.
    \9\ See Securities Exchange Release No. 66004 (December 19, 
2011), 76 FR 80442 (December 23, 2011) (SR-Phlx-2011-155).
    \10\ Today, an Inactive Nominee is assessed a Clerk Fee of $100 
per month. See Section VI.A of the Pricing Schedule at: http://nasdaqphlx.cchwallstreet.com/NASDAQPHLXTools/PlatformViewer.asp?selectednode=chp_1_4_10&manual=%2Fnasdaqomxphlx%2Fphlx%2Fphlx-rulesbrd%2F.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\11\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\12\ 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    As discussed above, the Exchange believes that the proposed changes 
will allow members additional flexibility in obtaining coverage on the 
trading floor. Inactive Nominees are essentially a pool of eligible 
individuals who can substitute for traders on the Exchange's floor. By 
allowing members flexibility in obtaining coverage intra-day in limited 
circumstances as described above, the Exchange believes that the 
proposal would assist in facilitating the smooth functioning of its 
market operations, consistent with Section 6(b)(5) of the Act. The 
Exchange further believes that the proposed changes would allow members 
to have a prepared roster of substitute traders who are available even 
in unforeseen emergencies, which should help to facilitate transactions 
in securities and remove impediments to, and perfect the mechanism of, 
a free and open market, also consistent with Section 6(b)(5) of the 
Act.
    Finally, the Exchange believes it is appropriate to make the non-
substantive change in its Pricing Schedule to replace the obsolete 
reference to ``Trading Floor Personnel Registration Fee'' with ``Clerk 
Fee'' so that members and investors have a clear and accurate 
understanding of the Exchange's rules.

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

    Because the purpose of the proposal is to provide members with 
additional flexibility to obtain coverage intra-day in limited 
circumstances and to make a non-substantive change as discussed

[[Page 39641]]

above, 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.

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 \13\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 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.
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    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, 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-2017-68 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2017-68. 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-2017-68 and should be 
submitted on or before September 11, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-17548 Filed 8-18-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                     Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices                                                    39639

                                                      • Send an email to rule-comments@                       SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s
                                                    sec.gov. Please include File Number SR–                   COMMISSION                                              Statement of the Purpose of, and
                                                    ISE–2017–79 on the subject line.                                                                                  Statutory Basis for, the Proposed Rule
                                                                                                              [Release No. 34–81401; File No. SR–Phlx–
                                                                                                                                                                      Change
                                                    Paper Comments                                            2017–68]
                                                                                                                                                                      1. Purpose
                                                      • Send paper comments in triplicate                     Self-Regulatory Organizations;
                                                                                                                                                                         The purpose of the proposed rule
                                                    to Secretary, Securities and Exchange                     NASDAQ PHLX LLC; Notice of Filing
                                                                                                              and Immediate Effectiveness of                          change is to (i) amend Rule 925 to create
                                                    Commission, 100 F Street NE.,                                                                                     a limited exception to the Exchange’s
                                                    Washington, DC 20549–1090.                                Proposed Rule Change To Amend Rule
                                                                                                                                                                      existing procedures to designate an
                                                                                                              925 To Create a Limited Exception to
                                                    All submissions should refer to File                                                                              Inactive Nominee 3 as an effective
                                                                                                              the Exchange’s Procedures To
                                                    Number SR–ISE–2017–79. This file                                                                                  permit holder and (ii) make a non-
                                                                                                              Designate an Inactive Nominee as an
                                                    number should be included on the                                                                                  substantive change to its Pricing
                                                                                                              Effective Permit Holder Intra-Day and
                                                    subject line if email is used. To help the                                                                        Schedule related to the fees assessed to
                                                                                                              Make a Non-Substantive Change to the
                                                                                                                                                                      Inactive Nominees.
                                                    Commission process and review your                        Pricing Schedule
                                                    comments more efficiently, please use                                                                             Rule 925
                                                                                                              August 15, 2017.
                                                    only one method. The Commission will                                                                                 Today, the Exchange allows members
                                                                                                                 Pursuant to Section 19(b)(1) of the
                                                    post all comments on the Commission’s                                                                             on the Exchange’s trading floor to
                                                                                                              Securities Exchange Act of 1934
                                                    Internet Web site (http://www.sec.gov/                                                                            designate an ‘‘Inactive Nominee’’
                                                                                                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    rules/sro.shtml). Copies of the                           notice is hereby given that on August 7,                pursuant to Rule 925. Rule 925(i)
                                                    submission, all subsequent                                2017 NASDAQ PHLX LLC (‘‘Phlx’’ or                       requires, among other criteria, that an
                                                    amendments, all written statements                        ‘‘Exchange’’) filed with the Securities                 individual must be approved as eligible
                                                    with respect to the proposed rule                         and Exchange Commission (‘‘SEC’’ or                     to hold a permit in accordance with the
                                                    change that are filed with the                            ‘‘Commission’’) the proposed rule                       Exchange’s By-Laws and Rules in order
                                                    Commission, and all written                               change as described in Items I, II, and                 to be eligible for Inactive Nominee
                                                    communications relating to the                            III, below, which Items have been                       status. Additionally, the member
                                                    proposed rule change between the                          prepared by the Exchange. The                           organization with whom an Inactive
                                                    Commission and any person, other than                     Commission is publishing this notice to                 Nominee is affiliated must pay an
                                                    those that may be withheld from the                       solicit comments on the proposed rule                   Inactive Nominee Fee for the privilege
                                                    public in accordance with the                             change from interested persons.                         of maintaining the Inactive Nominee
                                                                                                                                                                      status.4 Furthermore, the Rule stipulates
                                                    provisions of 5 U.S.C. 552, will be
                                                                                                              I. Self-Regulatory Organization’s                       that an Inactive Nominee does not have
                                                    available for Web site viewing and                        Statement of the Terms of Substance of                  any rights or privileges of a permit
                                                    printing in the Commission’s Public                       the Proposed Rule Change                                holder unless and until the Inactive
                                                    Reference Room, 100 F Street NE.,                                                                                 Nominee becomes an effective permit
                                                    Washington, DC 20549, on official                            The Exchange proposes to (i) amend
                                                                                                              Rule 925 to create a limited exception                  holder and all applicable Exchange fees
                                                    business days between the hours of                                                                                are paid.
                                                                                                              to the Exchange’s existing procedures to
                                                    10:00 a.m. and 3:00 p.m. Copies of the                                                                               When a member organization desires
                                                                                                              designate an Inactive Nominee as an
                                                    filing also will be available for                                                                                 to designate an Inactive Nominee as an
                                                                                                              effective permit holder and (ii) make a
                                                    inspection and copying at the principal                                                                           effective permit holder, Rule 925(ii)(a)
                                                                                                              non-substantive change to its Pricing
                                                    office of the Exchange. All comments                      Schedule related to the fees assessed to                states that the member organization is
                                                    received will be posted without change;                   Inactive Nominees.                                      required to notify the Exchange’s
                                                    the Commission does not edit personal                        The text of the proposed rule change                   3 The term ‘‘inactive nominee’’ shall mean a
                                                    identifying information from                              is available on the Exchange’s Web site                 natural person associated with and designated as
                                                    submissions. You should submit only                       at http://nasdaqphlx.cchwallstreet.                     such by a member organization and who has been
                                                    information that you wish to make                         com/, at the principal office of the                    approved for such status and is registered as such
                                                    available publicly. All submissions                       Exchange, and at the Commission’s                       with the Membership Department. An inactive
                                                                                                                                                                      nominee shall have no rights or privileges under a
                                                    should refer to File Number SR–ISE–                       Public Reference Room.                                  permit unless and until said inactive nominee
                                                    2017–79 and should be submitted on or                                                                             becomes admitted as a member of the Exchange
                                                                                                              II. Self-Regulatory Organization’s
                                                    before September 11, 2017.                                                                                        pursuant to the By-Laws and Rules of the Exchange.
                                                                                                              Statement of the Purpose of, and                        An inactive nominee merely stands ready to
                                                      For the Commission, by the Division of                  Statutory Basis for, the Proposed Rule                  exercise rights under a permit upon notice by the
                                                    Trading and Markets, pursuant to delegated                Change                                                  member organization to the Membership
                                                    authority.18                                                                                                      Department on an expedited basis. See Rule 1(l).
                                                                                                                 In its filing with the Commission, the                 4 The Exchange currently charges an Inactive
                                                    Eduardo A. Aleman,                                        Exchange included statements                            Nominee Fee of $600 for a six month period, which
                                                    Assistant Secretary.                                      concerning the purpose of and basis for                 will be assessed to the member organization at a
                                                                                                                                                                      rate of $100 per month for the applicable six month
                                                    [FR Doc. 2017–17550 Filed 8–18–17; 8:45 am]               the proposed rule change and discussed                  period unless the member organization provides
                                                    BILLING CODE 8011–01–P                                    any comments it received on the                         proper notice of its intent to terminate an inactive
                                                                                                              proposed rule change. The text of these                 nominee prior to the first day of the next billing
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                              statements may be examined at the                       month. An inactive nominee’s status expires after
                                                                                                                                                                      six months unless it has been reaffirmed in writing
                                                                                                              places specified in Item IV below. The                  by the member organization or is sooner terminated.
                                                                                                              Exchange has prepared summaries, set                    A member organization will be assessed the
                                                                                                              forth in sections A, B, and C below, of                 Inactive Nominee Fee every time the status is
                                                                                                              the most significant aspects of such                    reaffirmed. See the Exchange’s Pricing Schedule at:
                                                                                                                                                                      http://nasdaqphlx.cchwallstreet.com/
                                                                                                              statements.                                             NASDAQPHLXTools/
                                                                                                                                                                      PlatformViewer.asp?selectednode=chp_1_4_
                                                                                                                1 15   U.S.C. 78s(b)(1).                              10&manual=%2Fnasda
                                                      18 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                 qomxphlx%2Fphlx%2Fphlx-rulesbrd%2F.



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                                                    39640                        Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices

                                                    Membership Department, in writing,                      Inactive Nominee to become an effective               Exchange now proposes to replace the
                                                    prior to the opening of trading on any                  permit holder.                                        term ‘‘Trading Floor Personnel
                                                    business day the name of such Inactive                     The Exchange believes that the                     Registration Fee’’ with ‘‘Clerk Fee’’ in
                                                    Nominee. Further, the notice must                       proposed rule change is reasonable and                this section. The Exchange will
                                                    identify the name of the permit holder                  would serve to enhance the application                continue to assess Inactive Nominees
                                                    that the Inactive Nominee will be acting                of Rule 925 by allowing members to                    the Clerk Fee as it is being assessed
                                                    on behalf of as well as the expected                    quickly obtain coverage on the trading                today.10
                                                    duration that such Inactive Nominee                     floor in limited cases where an
                                                                                                            unforeseen emergency arises intra-day,                2. Statutory Basis
                                                    will remain activated.5
                                                                                                            therefore making it impossible for a                     The Exchange believes that its
                                                       The Exchange now proposes to create                  member to notify the Membership                       proposal is consistent with Section 6(b)
                                                    a limited exception to the Exchange’s                   Department within the required time                   of the Act,11 in general, and furthers the
                                                    existing procedures to designate an                     period under the current Rule. While                  objectives of Section 6(b)(5) of the Act,12
                                                    Inactive Nominee as an effective permit                 these extraordinary circumstances rarely              in particular, in that it is designed to
                                                    holder. In particular, the Exchange                     arise, the proposed rule change would                 promote just and equitable principles of
                                                    proposes to adopt a new provision at                    give the CRO (or his/her designee in the              trade, to remove impediments to and
                                                    Rule 925(ii)(b) to permit member                        CRO’s absence) the flexibility to                     perfect the mechanism of a free and
                                                    organizations to designate an Inactive                  approve the intra-day designation so                  open market and a national market
                                                    Nominee intra-day in the event of an                    that members are not adversely affected               system, and, in general to protect
                                                    unforeseen emergency,6 provided that                    by unforeseen factors that prevented                  investors and the public interest.
                                                    such intra-day designations must be                     them from notifying the Exchange                         As discussed above, the Exchange
                                                    approved by the Exchange’s Chief                        within the allotted time period. Because              believes that the proposed changes will
                                                    Regulatory Officer (‘‘CRO’’) or his/her                 each individual on the floor is required              allow members additional flexibility in
                                                    designee prior to such Inactive Nominee                 to have a permit in order to trade, such              obtaining coverage on the trading floor.
                                                    becoming an effective permit holder.                    emergencies could especially affect                   Inactive Nominees are essentially a pool
                                                    Other than to reduce the time period                    members who have small propriety                      of eligible individuals who can
                                                    and to require prior approval of the CRO                businesses on the Exchange trading                    substitute for traders on the Exchange’s
                                                    or his/her designee in the manner                       floor and therefore rely on these Inactive            floor. By allowing members flexibility in
                                                    described above, the Exchange is not                    Nominees as their only substitutes.                   obtaining coverage intra-day in limited
                                                    proposing any other changes to its                      Similarly, since the time the Exchange                circumstances as described above, the
                                                    existing procedures to designate an                     adopted rules establishing the Inactive               Exchange believes that the proposal
                                                    Inactive Nominee as an effective permit                 Nominee,7 the number of permit holders                would assist in facilitating the smooth
                                                    holder. Therefore, if a member                          associated with a member organization                 functioning of its market operations,
                                                    organization seeks to obtain coverage on                on the Exchange trading floor has                     consistent with Section 6(b)(5) of the
                                                    the trading floor intra-day due to                      decreased. For the foregoing reasons, the             Act. The Exchange further believes that
                                                    unforeseen circumstances such as                        Exchange seeks to address these                       the proposed changes would allow
                                                    sudden illness, the proposed rule would                 extraordinary circumstances and allow                 members to have a prepared roster of
                                                    still require the member organization to                its members to obtain coverage in such                substitute traders who are available
                                                    notify the Membership Department, in                    cases so that they may continue to                    even in unforeseen emergencies, which
                                                    writing, of its desire to designate an                  conduct their businesses efficiently. The             should help to facilitate transactions in
                                                    Inactive Nominee as an effective permit                 Exchange further believes that requiring              securities and remove impediments to,
                                                    holder intra-day. The notice must                       the CRO’s approval of the intra-day                   and perfect the mechanism of, a free and
                                                    contain all of the information required                 designation would serve as a check to                 open market, also consistent with
                                                    under paragraph (ii)(a) (i.e., the name of              ensure that such designations would be                Section 6(b)(5) of the Act.
                                                                                                            made on a limited case-by-case basis.                    Finally, the Exchange believes it is
                                                    such Inactive Nominee, the name of the
                                                                                                                                                                  appropriate to make the non-substantive
                                                    permit holder that the Inactive Nominee                 Pricing Schedule                                      change in its Pricing Schedule to
                                                    will be acting on behalf of, and the                      The Exchange is also proposing a non-               replace the obsolete reference to
                                                    expected duration that such Inactive                    substantive amendment to its Pricing                  ‘‘Trading Floor Personnel Registration
                                                    Nominee will remain activated). Finally,                Schedule at Section VI.A relating to the              Fee’’ with ‘‘Clerk Fee’’ so that members
                                                    the CRO or his/her designee must                        fees assessed to Inactive Nominees. In                and investors have a clear and accurate
                                                    approve the member organization’s                       particular, Section VI.A of the                       understanding of the Exchange’s rules.
                                                    intra-day designation in order for the                  Exchange’s Pricing Schedule states that
                                                                                                            an Inactive Nominee is also assessed the              B. Self-Regulatory Organization’s
                                                      5 Inactive Nominees are essentially a pool of         Trading Floor Personnel Registration                  Statement on Burden on Competition
                                                    eligible individuals who can substitute for traders
                                                    on the Exchange trading floor. The Inactive
                                                                                                            Fee.8 As part of a previous filing, the                  Because the purpose of the proposal
                                                    Nominee allows a member to have flexibility in          Exchange renamed this fee as a ‘‘Clerk                is to provide members with additional
                                                    obtaining coverage on the trading floor. An Inactive    Fee’’ but inadvertently retained the                  flexibility to obtain coverage intra-day
                                                    Nominee stands ready to assume a membership             reference to ‘‘Trading Floor Personnel                in limited circumstances and to make a
                                                    upon notice by the member requesting that a
                                                                                                            Registration Fee’’ in Section VI.A.9 The              non-substantive change as discussed
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                                                    specific permit be transferred intra-firm on an
                                                    expedited and temporary basis. This transfer allows
                                                                                                              7 See Securities Exchange Act Release No. 39851        10 Today, an Inactive Nominee is assessed a Clerk
                                                    an Inactive Nominee to become an effective member
                                                    of the Exchange. For example, an Inactive Nominee       (April 10, 1998), 63 FR 19282 (April 17, 1998) (SR–   Fee of $100 per month. See Section VI.A of the
                                                    might serve on behalf of a trader who needs to take     PHLX–97–35) (order approving rule changes to          Pricing Schedule at: http://nasdaqphlx.cchwall
                                                    leave for surgery, or could serve when a trader takes   establish the Inactive Nominee).                      street.com/NASDAQPHLXTools/
                                                    vacation leave. This allows a member organization         8 This fee is in addition to the Inactive Nominee   PlatformViewer.asp?selectednode=chp_1_4_
                                                    to have full staff available to conduct business on     Fee. See note 4 above.                                10&manual=%2Fnasda
                                                    the Exchange trading floor.                               9 See Securities Exchange Release No. 66004         qomxphlx%2Fphlx%2Fphlx-rulesbrd%2F.
                                                       6 Such circumstances include sudden illness,                                                                  11 15 U.S.C. 78f(b).
                                                                                                            (December 19, 2011), 76 FR 80442 (December 23,
                                                    family emergencies or other unavoidable factors.        2011) (SR–Phlx–2011–155).                                12 15 U.S.C. 78f(b)(5).




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                                                                                   Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices                                                 39641

                                                    above, the Exchange does not believe                      Paper Comments                                         SECURITIES AND EXCHANGE
                                                    that the proposed rule change will                                                                               COMMISSION
                                                    impose any burden on competition not                        • Send paper comments in triplicate
                                                    necessary or appropriate in furtherance                   to Secretary, Securities and Exchange
                                                                                                                                                                     [Release No. 34–81404; File No. SR–
                                                    of the purposes of the Act.                               Commission, 100 F Street NE.,
                                                                                                                                                                     BatsBZX–2017–52]
                                                                                                              Washington, DC 20549–1090.
                                                    C. Self-Regulatory Organization’s
                                                    Statement on Comments on the                              All submissions should refer to File                   Self-Regulatory Organizations; Bats
                                                    Proposed Rule Change Received From                        Number SR–Phlx–2017–68. This file                      BZX Exchange, Inc.; Notice of Filing
                                                    Members, Participants, or Others                          number should be included on the                       and Immediate Effectiveness of a
                                                                                                              subject line if email is used. To help the             Proposed Rule Change to Rule 21.2,
                                                      No written comments were either                         Commission process and review your                     Days and Hours of Business
                                                    solicited or received.                                    comments more efficiently, please use                  August 15, 2017.
                                                    III. Date of Effectiveness of the                         only one method. The Commission will
                                                    Proposed Rule Change and Timing for                       post all comments on the Commission’s                     Pursuant to Section 19(b)(1) of the
                                                    Commission Action                                         Internet Web site (http://www.sec.gov/                 Securities Exchange Act of 1934 (the
                                                                                                              rules/sro.shtml). Copies of the                        ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                       Because the foregoing proposed rule                    submission, all subsequent                             notice is hereby given that on August 2,
                                                    change does not: (i) Significantly affect                 amendments, all written statements                     2017, Bats BZX Exchange, Inc. (the
                                                    the protection of investors or the public                 with respect to the proposed rule                      ‘‘Exchange’’ or ‘‘BZX’’) filed with the
                                                    interest; (ii) impose any significant                                                                            Securities and Exchange Commission
                                                                                                              change that are filed with the
                                                    burden on competition; and (iii) become                                                                          (the ‘‘Commission’’) the proposed rule
                                                                                                              Commission, and all written
                                                    operative for 30 days from the date on                                                                           change as described in Items I and II
                                                                                                              communications relating to the
                                                    which it was filed, or such shorter time                                                                         below, which Items have been prepared
                                                                                                              proposed rule change between the                       by the Exchange. The Exchange has
                                                    as the Commission may designate, it has
                                                    become effective pursuant to Section                      Commission and any person, other than                  designated this proposal as a ‘‘non-
                                                    19(b)(3)(A)(iii) of the Act 13 and                        those that may be withheld from the                    controversial’’ proposed rule change
                                                    subparagraph (f)(6) of Rule 19b–4                         public in accordance with the                          pursuant to Section 19(b)(3)(A) of the
                                                    thereunder.14                                             provisions of 5 U.S.C. 552, will be                    Act 3 and Rule 19b–4(f)(6)(iii)
                                                                                                              available for Web site viewing and                     thereunder,4 which renders it effective
                                                       At any time within 60 days of the                      printing in the Commission’s Public
                                                    filing of the proposed rule change, the                                                                          upon filing with the Commission. The
                                                                                                              Reference Room, 100 F Street NE.,                      Commission is publishing this notice to
                                                    Commission summarily may
                                                                                                              Washington, DC 20549, on official                      solicit comments on the proposed rule
                                                    temporarily suspend such rule change if
                                                    it appears to the Commission that such                    business days between the hours of                     change from interested persons.
                                                    action is: (i) Necessary or appropriate in                10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                              filing also will be available for                      I. Self-Regulatory Organization’s
                                                    the public interest; (ii) for the protection                                                                     Statement of the Terms of Substance of
                                                    of investors; or (iii) otherwise in                       inspection and copying at the principal
                                                                                                                                                                     the Proposed Rule Change
                                                    furtherance of the purposes of the Act.                   office of the Exchange. All comments
                                                    If the Commission takes such action, the                  received will be posted without change;                   The Exchange filed a proposal to
                                                    Commission shall institute proceedings                    the Commission does not edit personal                  amend Rule 21.2, Days and Hours of
                                                    to determine whether the proposed rule                    identifying information from                           Business.
                                                    should be approved or disapproved.                        submissions. You should submit only                       The text of the proposed rule change
                                                                                                              information that you wish to make                      is available at the Exchange’s Web site
                                                    IV. Solicitation of Comments
                                                                                                              available publicly. All submissions                    at www.bats.com, at the principal office
                                                      Interested persons are invited to                       should refer to File Number SR–Phlx–                   of the Exchange, and at the
                                                    submit written data, views, and                           2017–68 and should be submitted on or                  Commission’s Public Reference Room.
                                                    arguments concerning the foregoing,                       before September 11, 2017.
                                                    including whether the proposed rule                                                                              II. Self-Regulatory Organization’s
                                                                                                                For the Commission, by the Division of
                                                    change is consistent with the Act.                                                                               Statement of the Purpose of, and
                                                                                                              Trading and Markets, pursuant to delegated
                                                    Comments may be submitted by any of                                                                              Statutory Basis for, the Proposed Rule
                                                                                                              authority.15
                                                    the following methods:                                                                                           Change
                                                                                                              Eduardo A. Aleman,
                                                    Electronic Comments                                       Assistant Secretary.                                     In its filing with the Commission, the
                                                                                                              [FR Doc. 2017–17548 Filed 8–18–17; 8:45 am]            Exchange included statements
                                                      • Use the Commission’s Internet                                                                                concerning the purpose of and basis for
                                                                                                              BILLING CODE 8011–01–P
                                                    comment form (http://www.sec.gov/                                                                                the proposed rule change and discussed
                                                    rules/sro.shtml); or                                                                                             any comments it received on the
                                                      • Send an email to rule-comments@                                                                              proposed rule change. The text of these
                                                    sec.gov. Please include File Number SR–                                                                          statements may be examined at the
                                                    Phlx–2017–68 on the subject line.                                                                                places specified in Item IV below. The
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                     Exchange has prepared summaries, set
                                                      13 15  U.S.C. 78s(b)(3)(A)(iii).                                                                               forth in Sections A, B, and C below, of
                                                      14 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–                                                             the most significant parts of such
                                                    4(f)(6) requires a self-regulatory organization to give                                                          statements.
                                                    the Commission written notice of its intent to file
                                                    the proposed rule change at least five business days                                                               1 15
                                                    prior to the date of filing of the proposed rule                                                                        U.S.C. 78s(b)(1).
                                                                                                                                                                       2 17 CFR 240.19b–4.
                                                    change, or such shorter time as designated by the
                                                                                                                                                                       3 15 U.S.C. 78s(b)(3)(A).
                                                    Commission. The Exchange has satisfied this
                                                    requirement.                                                15 17   CFR 200.30–3(a)(12).                           4 17 CFR 240.19b–4(f)(6)(iii).




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Document Created: 2017-08-19 00:44:42
Document Modified: 2017-08-19 00:44:42
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 Citation82 FR 39639 

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