82 FR 9463 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Correct a Typographical Error

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 23 (February 6, 2017)

Page Range		9463-9464
FR Document		2017-02373

Federal Register, Volume 82 Issue 23 (Monday, February 6, 2017)

[Federal Register Volume 82, Number 23 (Monday, February 6, 2017)]
[Notices]
[Pages 9463-9464]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-02373]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79905; File No. SR-Phlx-2017-05]

Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Correct a
Typographical Error

January 31, 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 January 26, 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 correct a typographical error. The text of
the proposed rule change is available on the Exchange's Web site at
http://nasdaqphlx.cchwallstreet.com/, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
The purpose of this proposed rule change is to correct a
typographical error. The Exchange previously submitted a rule filing to
amend Rule 754, which deals with employees' discretion as to customers'
accounts. However, the rule referred to FINRA 2510 instead of NASD
2510.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act, in general, and with
Section 6(b) of the Act \3\ in general, and furthers the objectives of
Section 6(b)(5) of the Act \4\ in particular, in that it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to and facilitating
transactions in securities, 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. The Exchange
asserts that the proposed correction will serve the Act's goals by
ensuring that the Exchange's rules use accurate terminology.
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\3\ 15 U.S.C. 78f(b).
\4\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Moreover, the Exchange believes that the proposed correction does not
impact competition in any respect, since it is designed to correct a
typographical error.

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 \5\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\6\
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\5\ 15 U.S.C. 78s(b)(3)(A)(iii).
\6\ 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 rule-comments@sec.gov. Please include
File Number SR-Phlx-2017- 05 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.

[[Page 9464]]

All submissions should refer to File Number SR-Phlx-2017-05. 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-2017-05 and
should be submitted on or before February 27, 2017.
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\7\ 17 CFR 200.30-3(a)(12).

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02373 Filed 2-3-17; 8:45 am]
BILLING CODE 8011-01-P

Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Notices 9463

filing also will be available for II. Self-Regulatory Organization’s designed to correct a typographical
inspection and copying at the principal Statement of the Purpose of, and error.
office of the Exchange. All comments Statutory Basis for, the Proposed Rule
C. Self-Regulatory Organization’s
received will be posted without change; Change Statement on Comments on the
the Commission does not edit personal In its filing with the Commission, the Proposed Rule Change Received From
identifying information from Exchange included statements Members, Participants, or Others
submissions. You should submit only concerning the purpose of and basis for No written comments were either
information that you wish to make the proposed rule change and discussed solicited or received.
available publicly. All submissions any comments it received on the
should refer to File Number SR– proposed rule change. The text of these III. Date of Effectiveness of the
NYSEARCA–2017–04 and should be statements may be examined at the Proposed Rule Change and Timing for
submitted on or before February 27, places specified in Item IV below. The Commission Action
2017. Exchange has prepared summaries, set Because the foregoing proposed rule
forth in sections A, B, and C below, of change does not: (i) Significantly affect
For the Commission, by the Division of
the most significant aspects of such the protection of investors or the public
Trading and Markets, pursuant to delegated
statements. interest; (ii) impose any significant
authority.35
A. Self-Regulatory Organization’s burden on competition; and (iii) become
Eduardo A. Aleman,
Statement of the Purpose of, and operative for 30 days from the date on
Assistant Secretary. which it was filed, or such shorter time
[FR Doc. 2017–02376 Filed 2–3–17; 8:45 am]
Statutory Basis for, the Proposed Rule
Change as the Commission may designate, it has
BILLING CODE 8011–01–P become effective pursuant to Section
1. Purpose 19(b)(3)(A)(iii) of the Act 5 and
The purpose of this proposed rule subparagraph (f)(6) of Rule 19b–4
SECURITIES AND EXCHANGE change is to correct a typographical thereunder.6
COMMISSION error. The Exchange previously At any time within 60 days of the
submitted a rule filing to amend Rule filing of the proposed rule change, the
[Release No. 34–79905; File No. SR–Phlx– 754, which deals with employees’ Commission summarily may
2017–05] discretion as to customers’ accounts. temporarily suspend such rule change if
However, the rule referred to FINRA it appears to the Commission that such
Self-Regulatory Organizations; 2510 instead of NASD 2510. action is: (i) Necessary or appropriate in
NASDAQ PHLX LLC; Notice of Filing the public interest; (ii) for the protection
and Immediate Effectiveness of 2. Statutory Basis of investors; or (iii) otherwise in
Proposed Rule Change To Correct a The Exchange believes that the furtherance of the purposes of the Act.
Typographical Error proposed rule change is consistent with If the Commission takes such action, the
the provisions of Section 6 of the Act, Commission shall institute proceedings
January 31, 2017. in general, and with Section 6(b) of the to determine whether the proposed rule
Pursuant to Section 19(b)(1) of the Act 3 in general, and furthers the should be approved or disapproved.
Securities Exchange Act of 1934 objectives of Section 6(b)(5) of the Act 4 IV. Solicitation of Comments
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 in particular, in that it is designed to
promote just and equitable principles of Interested persons are invited to
notice is hereby given that on January submit written data, views, and
26, 2017, NASDAQ PHLX LLC (‘‘Phlx’’ trade, to foster cooperation and
coordination with persons engaged in arguments concerning the foregoing,
or ‘‘Exchange’’) filed with the Securities including whether the proposed rule
regulating, clearing, settling, processing
and Exchange Commission (‘‘SEC’’ or change is consistent with the Act.
information with respect to and
‘‘Commission’’) the proposed rule Comments may be submitted by any of
facilitating transactions in securities, to
change as described in Items I, II, and remove impediments to and perfect the the following methods:
III, below, which Items have been mechanism of a free and open market Electronic Comments
prepared by the Exchange. The and a national market system, and, in
Commission is publishing this notice to • Use the Commission’s Internet
general to protect investors and the
solicit comments on the proposed rule comment form (http://www.sec.gov/
public interest. The Exchange asserts
change from interested persons. rules/sro.shtml); or
that the proposed correction will serve • Send an email to rule-comments@
I. Self-Regulatory Organization’s the Act’s goals by ensuring that the sec.gov. Please include File Number SR–
Statement of the Terms of Substance of Exchange’s rules use accurate Phlx–2017– 05 on the subject line.
the Proposed Rule Change terminology.
Paper Comments
B. Self-Regulatory Organization’s
The Exchange proposes to correct a Statement on Burden on Competition • Send paper comments in triplicate
typographical error. The text of the to Secretary, Securities and Exchange
proposed rule change is available on the The Exchange does not believe that Commission, 100 F Street NE.,
Exchange’s Web site at http:// the proposed rule change will result in Washington, DC 20549–1090.
any burden on competition that is not
nasdaqphlx.cchwallstreet.com/, at the
sradovich on DSK3GMQ082PROD with NOTICES

necessary or appropriate in furtherance 5 15 U.S.C. 78s(b)(3)(A)(iii).
principal office of the Exchange, and at
of the purposes of the Act, as amended. 6 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
the Commission’s Public Reference Moreover, the Exchange believes that 4(f)(6) requires a self-regulatory organization to give
Room. the proposed correction does not impact the Commission written notice of its intent to file
the proposed rule change at least five business days
competition in any respect, since it is prior to the date of filing of the proposed rule
35 17 CFR 200.30–3(a)(12).
change, or such shorter time as designated by the
1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78f(b). Commission. The Exchange has satisfied this
2 17 CFR 240.19b–4. 4 15 U.S.C. 78f(b)(5). requirement.

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9464 Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Notices

All submissions should refer to File SECURITIES AND EXCHANGE rule change and the comment letter.
Number SR–Phlx–2017–05. This file COMMISSION Accordingly, the Commission, pursuant
number should be included on the to Section 19(b)(2) of the Act,6
[Release No. 34–79910; File No. SR–CBOE–
subject line if email is used. To help the designates March 19, 2017, as the date
2016–082]
Commission process and review your by which the Commission shall either
comments more efficiently, please use Self-Regulatory Organizations; approve or disapprove or institute
only one method. The Commission will Chicago Board Options Exchange, proceedings to determine whether to
post all comments on the Commission’s Incorporated; Notice of Designation of disapprove the proposed rule change
Internet Web site (http://www.sec.gov/ a Longer Period for Commission (File Number SR–CBOE–2016–082).
rules/sro.shtml). Copies of the Action on a Proposed Rule Change For the Commission, by the Division of
submission, all subsequent Related to Rules Regarding the Trading and Markets, pursuant to delegated
Responsibility for Ensuring authority.7
amendments, all written statements
Compliance With Open Outcry Priority Eduardo A. Aleman,
with respect to the proposed rule
change that are filed with the and Allocation Requirements and Assistant Secretary.
Commission, and all written Trade-Through Prohibitions [FR Doc. 2017–02378 Filed 2–3–17; 8:45 am]
communications relating to the BILLING CODE 8011–01–P
January 31, 2017.
proposed rule change between the On December 1, 2016, the Chicago
Commission and any person, other than Board Options Exchange, Incorporated SECURITIES AND EXCHANGE
those that may be withheld from the (‘‘CBOE’’) filed with the Securities and COMMISSION
public in accordance with the Exchange Commission (‘‘Commission’’),
provisions of 5 U.S.C. 552, will be pursuant to Section 19(b)(1) of the [Release No. 34–79909; File No. SR–
available for Web site viewing and NYSEARCA–2017–03]
Securities Exchange Act of 1934
printing in the Commission’s Public (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a Self-Regulatory Organizations; NYSE
Reference Room, 100 F Street NE., proposed rule change regarding Arca, Inc.; Notice of Filing of Proposed
Washington, DC 20549, on official responsibilities for ensuring compliance Rule Change, as Modified by
business days between the hours of with open outcry priority and allocation Amendment No. 1, To Adopt the Rule
10:00 a.m. and 3:00 p.m. Copies of the requirements and trade-through 11.6800 Series To Implement the
filing also will be available for prohibitions. The proposed rule change Compliance Rule Regarding the
inspection and copying at the principal was published for comment in the National Market System Plan
office of the Exchange. All comments Federal Register on December 19, Governing the Consolidated Audit Trail
received will be posted without change; 2016.3 The Commission received one
comment letter on the proposed rule January 31, 2017.
the Commission does not edit personal
identifying information from change.4 Pursuant to Section 19(b)(1) 1 of the
Section 19(b)(2) of the Act 5 provides Securities Exchange Act of 1934 (the
submissions. You should submit only
that, within 45 days of the publication ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
information that you wish to make
of notice of the filing of a proposed rule notice is hereby given that, on January
available publicly. 17, 2017, NYSE Arca, Inc. (the
change, or within such longer period up
All submissions should refer to File to 90 days as the Commission may ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
Number SR–Phlx–2017–05 and should designate if it finds such longer period the Securities and Exchange
be submitted on or before February 27, to be appropriate and publishes its Commission (the ‘‘Commission’’) the
2017. reasons for so finding or as to which the proposed rule change as described in
For the Commission, by the Division of self-regulatory organization consents, Items I, II, and III below, which Items
Trading and Markets, pursuant to delegated the Commission shall either approve the have been prepared by the self-
authority.7 proposed rule change, disapprove the regulatory organization. On January 30,
proposed rule change, or institute 2017, the Exchange filed Amendment
Eduardo A. Aleman,
proceedings to determine whether the No. 1 to the proposed rule change,
Assistant Secretary. proposed rule change should be which amended and replaced the
[FR Doc. 2017–02373 Filed 2–3–17; 8:45 am] disapproved. The 45th day after proposed rule change in its entirety. The
BILLING CODE 8011–01–P publication of the notice for this Commission is publishing this notice to
proposed rule change is February 2, solicit comments on the proposed rule
2017. The Commission is extending this change, as amended, from interested
45-day time period. persons.
The Commission finds that it is
I. Self-Regulatory Organization’s
appropriate to designate a longer period
Statement of the Terms of Substance of
within which to take action on the
the Proposed Rule Change
proposed rule change so that it has
sufficient time to consider the proposed The Exchange proposed rule change
to adopt the Rule 11.6800 Series to
1 15 U.S.C. 78s(b)(1). implement the compliance rule
2 17 CFR 240.19b–4. (‘‘Compliance Rule’’) regarding the
sradovich on DSK3GMQ082PROD with NOTICES

3 See Securities Exchange Act Release No. 79540
National Market System Plan Governing
(December 13, 2016), 81 FR 91967. the Consolidated Audit Trail (the ‘‘CAT
4 See Letter to Brent J. Fields, Secretary,

Commission, from Joan C. Conley, Senior Vice 6 Id.
President and Corporate Secretary, Nasdaq, dated
7 17 CFR 200.30–3(a)(31).
December 22, 2016. The comment letter is available
1 15 U.S.C. 78s(b)(1).
at https://www.sec.gov/comments/sr-cboe-2016-
082/cboe2016082.shtml. 2 15 U.S.C. 78a.
7 17 CFR 200.30–3(a)(12). 5 15 U.S.C. 78s(b)(2). 3 17 CFR 240.19b–4.

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Document Created: 2017-02-04 00:25:16
Document Modified: 2017-02-04 00:25:16

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		82 FR 9463