Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Move the Rule Text of Current Rule 1070, Customer Complaints, Into Rule 1028, Confirmations, To Accommodate an Upcoming Rulebook Reorganization, 18875-18877 [2015-07959]
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Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
reasonable and is designed to remove
impediments to and perfect the
mechanism of a free and open market by
harmonizing the manner by which the
Exchanges permits member
organizations to aggregate volume with
other exchanges. In particular, the
Exchange notes that NASDAQ, PHLX
and BX all have the same standard that
the Exchange is proposing to adopt.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
In accordance with Section 6(b)(8) of
the Act,14 the Exchange does not believe
that the proposed rule change will
impose any burden on intermarket or
intramarket competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. As stated
above, the proposed rule change, which
applies equally to all member
organizations, is intended to reduce the
Exchange’s administrative burden in
applying volume price discounts for
firms which have requested aggregation
with that of an affiliate member
organization, and is substantially
similar to rules adopted by other
exchanges. Because the market for order
execution and routing is extremely
competitive, member organizations may
readily opt to disfavor the Exchange if
they believe that alternatives offer them
better value. The Exchange does not
believe the proposed changes will
impair the ability of member
organizations or competing order
execution venues to maintain their
competitive standing in the financial
markets.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing rule 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 if consistent
with the protection of investors and the
public interest, provided that the selfregulatory organization has given 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,15 the proposed rule
change has become effective pursuant to
Section 19(b)(3)(A) of the Act 16 and
Rule 19b–4(f)(6) thereunder.17
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 necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission will institute proceedings
to determine whether the proposed rule
change 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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSE–2015–13 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSE–2015–13. 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 (https://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 will also be available for
inspection and copying at the NYSE’s
principal office and on its Internet Web
site at www.nyse.com. 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–NYSE–
2015–13 and should be submitted on or
before April 29, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Brent J. Fields,
Secretary.
[FR Doc. 2015–07968 Filed 4–7–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74631; File No. SR–PHLX–
2015–31]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change to Move the
Rule Text of Current Rule 1070,
Customer Complaints, Into Rule 1028,
Confirmations, To Accommodate an
Upcoming Rulebook Reorganization
April 2, 2015.
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 March 24,
2015, NASDAQ OMX 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.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to move the
rule text of current Rule 1070, Customer
Complaints, into Rule 1028,
Confirmations, to accommodate an
upcoming rulebook reorganization. No
U.S.C. 78f(b)(8).
VerDate Sep<11>2014
17:55 Apr 07, 2015
Jkt 235001
15 The
18 17
16 15
14 15
Exchange has fulfilled this requirement.
U.S.C. 78s(b)(3)(A).
17 17 CFR 240.19b–4(f)(6).
1 15
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
18875
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b-4.
E:\FR\FM\08APN1.SGM
08APN1
18876
Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
asabaliauskas on DSK5VPTVN1PROD with NOTICES
substantive changes are proposed for
Rule 1070 or Rule 1028.
The text of the proposed rule change
is below; proposed new language is
italicized; proposed deletions are in
brackets.
*
*
*
*
*
Rule 1028. Confirmations and
Complaints
(a) Every member and member
organization shall promptly furnish to
each customer a written confirmation of
each transaction in option contracts for
such customer’s account. Each such
confirmation shall show the type of
option, the underlying stock, ExchangeTraded Fund Share or foreign currency,
as the case may be, the expiration
month, the exercise price, the number of
option contracts, the premium,
commissions, the transaction and
settlement dates, whether the
transaction was a purchase or a sale
(writing) transaction, whether the
transaction was an opening or a closing
transaction, and whether the transaction
was effected on a principal or agency
basis. The confirmation shall by
appropriate symbols distinguish
between Exchange options transactions
and other transactions in option
contracts though such confirmation
does not need to specify the exchange
or exchanges on which such option
contracts were executed.
(b) Every member organization
conducting a customer business shall
maintain and keep current a separate
central log, index or other file for all
options-related complaints, through
which these complaints can easily be
identified and retrieved. The central file
shall be located at the principal place of
business of the member organization or
such other principal office as shall be
designated by the member organization.
At a minimum, the central file shall
include: (i) Identification of complaint;
(ii) date complaint was received; (iii)
identification of Registered
Representative servicing the account;
(iv) a general description of the matter
complained of, and (v) a record of what
action, if any, has been taken by the
member organization with respect to the
complaint. The term ‘‘options-related
complaint’’ shall mean any written
statement by a customer or person
acting on behalf of a customer alleging
a grievance arising out of or in
connection with listed options. Each
options-related complaint received by a
branch office of a member organization
shall be forwarded to the office in which
the separate, central file is located no
later than 30 days after receipt by the
branch office. A copy of every optionsrelated complaint shall be maintained
VerDate Sep<11>2014
17:55 Apr 07, 2015
Jkt 235001
at the branch office that is the subject
of the complaint.
(1) The provisions of this Rule shall be
applicable to index warrants.
*
*
*
*
*
Rule 1070. [Customer Complaints]
Reserved.
[Every member organization
conducting a customer business shall
maintain and keep current a separate
central log, index or other file for all
options-related complaints, through
which these complaints can easily be
identified and retrieved. The central file
shall be located at the principal place of
business of the member organization or
such other principal office as shall be
designated by the member organization.
At a minimum, the central file shall
include: (i) Identification of complaint;
(ii) date complaint was received; (iii)
identification of Registered
Representative servicing the account;
(iv) a general description of the matter
complained of, and (v) a record of what
action, if any, has been taken by the
member organization with respect to the
complaint. The term ‘‘options-related
complaint’’ shall mean any written
statement by a customer or person
acting on behalf of a customer alleging
a grievance arising out of or in
connection with listed options. Each
options-related complaint received by a
branch office of a member organization
shall be forwarded to the office in which
the separate, central file is located no
later than 30 days after receipt by the
branch office. A copy of every optionsrelated complaint shall be maintained at
the branch office that is the subject of
the complaint.
(a) the provisions of this Rule shall be
applicable to index warrants.]
*
*
*
*
*
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.
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of this filing is to
reorganize the rulebook, moving text
from Rule 1070 to Rule 1028, so that the
Rule 1070 rule number will be available
for subsequent rulebook organizational
changes. This proposed rule change is
purely administrative. No substantive
changes are proposed.
The text of current Rule 1070 will be
moved to a new section (b) of Rule 1028.
Existing Rule 1028 text will be
preserved as new Rule 1028, section (a).
The text imported from current Rule
1070 will be set forth in Rule 1028(b).
The title of current Rule 1028 will be
changed to read ‘‘Confirmations and
Complaints’’ and Rule 1070 will be
shown as ‘‘[Reserved]’’.3
2. Statutory Basis
Phlx believes that the proposed rule
change is consistent with the provisions
of Section 6 of the Act,4 in general, and
with Section 6(b)(5) of the Act 5 in
particular, in that the proposal is
designed to prevent fraudulent and
manipulative acts and practices, 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 proposal is designed simply to
rearrange rulebook language in order to
lay the groundwork for subsequent,
more comprehensive organizational
changes. No substantive changes are
proposed to be made at this time.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act. The
Exchange’s proposal to renumber the
rule will simply help to streamline the
rulebook by accommodating a larger
reorganization and will therefore result
in administrative efficiencies for the
Exchange. No substantive changes are
being proposed.
3 The Exchange is redesignating the sentence
currently found in Rule 1070(a) as Rule 1028(b)(1).
4 15 U.S.C. 78f.
5 15 U.S.C. 78f(b)(5).
E:\FR\FM\08APN1.SGM
08APN1
Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
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)(ii) [sic] of the Act 6 and
subparagraph (f)(6) of Rule 19b–4
thereunder.7
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:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
PHLX–2015–31 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–PHLX–2015–31. This file
6 15
U.S.C. 78s(b)(3)(a)(ii). [sic]
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.
7 17
VerDate Sep<11>2014
17:55 Apr 07, 2015
Jkt 235001
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 (https://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 such
filing also will be available for
inspection and copying at the principal
offices 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–
2015–31, and should be submitted on or
before April 29, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Brent J. Fields,
Secretary.
[FR Doc. 2015–07959 Filed 4–7–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
31545; 812–14423]
Amplify Investments LLC and Amplify
ETF Trust; Notice of Application
April 1, 2015.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of an application for an
order under section 6(c) of the
Investment Company Act of 1940
(‘‘Act’’) for an exemption from sections
2(a)(32), 5(a)(1), 22(d) and 22(e) of the
Act and rule 22c–1 under the Act, under
sections 6(c) and 17(b) of the Act for an
exemption from sections 17(a)(1) and
(a)(2) of the Act.
AGENCY:
8 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00072
Fmt 4703
Sfmt 4703
18877
Applicants: Amplify Investments LLC
(‘‘Amplify Investments’’) and Amplify
ETF Trust (the ‘‘Trust’’).
SUMMARY: Summary of Application:
Applicants request an order that
permits: (a) Series of certain open-end
management investment companies to
issue shares (‘‘Shares’’) redeemable in
large aggregations only (‘‘Creation
Units’’); (b) secondary market
transactions in Shares to occur at
negotiated market prices; (c) certain
series to pay redemption proceeds,
under certain circumstances, more than
seven days from the tender of Shares for
redemption; and (d) certain affiliated
persons of the series to deposit
securities into, and receive securities
from, the series in connection with the
purchase and redemption of Creation
Units.
Filing Dates: The application was
filed on February 20, 2015.
Hearing or Notification of Hearing: An
order granting the requested relief will
be issued unless the Commission orders
a hearing. Interested persons may
request a hearing by writing to the
Commission’s Secretary and serving
applicants with a copy of the request,
personally or by mail. Hearing requests
should be received by the Commission
by 5:30 p.m. on April 27, 2015, and
should be accompanied by proof of
service on applicants, in the form of an
affidavit or, for lawyers, a certificate of
service. Pursuant to rule 0–5 under the
Act, hearing requests should state the
nature of the writer’s interest, any facts
bearing upon the desirability of a
hearing on the matter, the reason for the
request, and the issues contested.
Persons who wish to be notified of a
hearing may request notification by
writing to the Commission’s Secretary.
DATES:
Brent J. Fields, Secretary,
U.S. Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
Applicants, 3250 Lacey Road, Suite 130,
Downers Grove, IL 60515.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Kaitlin C. Bottock, Attorney Adviser, at
(202) 551–8658, or Daniele Marchesani,
Branch Chief, at (202) 551–6821
(Division of Investment Management,
Chief Counsel’s Office).
The
following is a summary of the
application. The complete application
may be obtained via the Commission’s
Web site by searching for the file
number, or for an applicant using the
Company name box, at https://
www.sec.gov/search/search.htm or by
calling (202) 551–8090.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\08APN1.SGM
08APN1
Agencies
[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Pages 18875-18877]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07959]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74631; File No. SR-PHLX-2015-31]
Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Move the
Rule Text of Current Rule 1070, Customer Complaints, Into Rule 1028,
Confirmations, To Accommodate an Upcoming Rulebook Reorganization
April 2, 2015.
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 March 24, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III, below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange proposes to move the rule text of current Rule 1070,
Customer Complaints, into Rule 1028, Confirmations, to accommodate an
upcoming rulebook reorganization. No
[[Page 18876]]
substantive changes are proposed for Rule 1070 or Rule 1028.
The text of the proposed rule change is below; proposed new
language is italicized; proposed deletions are in brackets.
* * * * *
Rule 1028. Confirmations and Complaints
(a) Every member and member organization shall promptly furnish to
each customer a written confirmation of each transaction in option
contracts for such customer's account. Each such confirmation shall
show the type of option, the underlying stock, Exchange-Traded Fund
Share or foreign currency, as the case may be, the expiration month,
the exercise price, the number of option contracts, the premium,
commissions, the transaction and settlement dates, whether the
transaction was a purchase or a sale (writing) transaction, whether the
transaction was an opening or a closing transaction, and whether the
transaction was effected on a principal or agency basis. The
confirmation shall by appropriate symbols distinguish between Exchange
options transactions and other transactions in option contracts though
such confirmation does not need to specify the exchange or exchanges on
which such option contracts were executed.
(b) Every member organization conducting a customer business shall
maintain and keep current a separate central log, index or other file
for all options-related complaints, through which these complaints can
easily be identified and retrieved. The central file shall be located
at the principal place of business of the member organization or such
other principal office as shall be designated by the member
organization. At a minimum, the central file shall include: (i)
Identification of complaint; (ii) date complaint was received; (iii)
identification of Registered Representative servicing the account; (iv)
a general description of the matter complained of, and (v) a record of
what action, if any, has been taken by the member organization with
respect to the complaint. The term ``options-related complaint'' shall
mean any written statement by a customer or person acting on behalf of
a customer alleging a grievance arising out of or in connection with
listed options. Each options-related complaint received by a branch
office of a member organization shall be forwarded to the office in
which the separate, central file is located no later than 30 days after
receipt by the branch office. A copy of every options-related complaint
shall be maintained at the branch office that is the subject of the
complaint.
(1) The provisions of this Rule shall be applicable to index
warrants.
* * * * *
Rule 1070. [Customer Complaints] Reserved.
[Every member organization conducting a customer business shall
maintain and keep current a separate central log, index or other file
for all options-related complaints, through which these complaints can
easily be identified and retrieved. The central file shall be located
at the principal place of business of the member organization or such
other principal office as shall be designated by the member
organization. At a minimum, the central file shall include: (i)
Identification of complaint; (ii) date complaint was received; (iii)
identification of Registered Representative servicing the account; (iv)
a general description of the matter complained of, and (v) a record of
what action, if any, has been taken by the member organization with
respect to the complaint. The term ``options-related complaint'' shall
mean any written statement by a customer or person acting on behalf of
a customer alleging a grievance arising out of or in connection with
listed options. Each options-related complaint received by a branch
office of a member organization shall be forwarded to the office in
which the separate, central file is located no later than 30 days after
receipt by the branch office. A copy of every options-related complaint
shall be maintained at the branch office that is the subject of the
complaint.
(a) the provisions of this Rule shall be applicable to index
warrants.]
* * * * *
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 filing is to reorganize the rulebook, moving
text from Rule 1070 to Rule 1028, so that the Rule 1070 rule number
will be available for subsequent rulebook organizational changes. This
proposed rule change is purely administrative. No substantive changes
are proposed.
The text of current Rule 1070 will be moved to a new section (b) of
Rule 1028. Existing Rule 1028 text will be preserved as new Rule 1028,
section (a). The text imported from current Rule 1070 will be set forth
in Rule 1028(b). The title of current Rule 1028 will be changed to read
``Confirmations and Complaints'' and Rule 1070 will be shown as
``[Reserved]''.\3\
---------------------------------------------------------------------------
\3\ The Exchange is redesignating the sentence currently found
in Rule 1070(a) as Rule 1028(b)(1).
---------------------------------------------------------------------------
2. Statutory Basis
Phlx believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\4\ in general, and with Section
6(b)(5) of the Act \5\ in particular, in that the proposal is designed
to prevent fraudulent and manipulative acts and practices, 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.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f.
\5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The proposal is designed simply to rearrange rulebook language in
order to lay the groundwork for subsequent, more comprehensive
organizational changes. No substantive changes are proposed to be made
at this time.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange's proposal to
renumber the rule will simply help to streamline the rulebook by
accommodating a larger reorganization and will therefore result in
administrative efficiencies for the Exchange. No substantive changes
are being proposed.
[[Page 18877]]
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)(ii) [sic] of the Act \6\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\7\
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\6\ 15 U.S.C. 78s(b)(3)(a)(ii). [sic]
\7\ 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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-PHLX-2015-31 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-PHLX-2015-31. 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 (https://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 such filing also will be available
for inspection and copying at the principal offices 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-2015-31,
and should be submitted on or before April 29, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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\8\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-07959 Filed 4-7-15; 8:45 am]
BILLING CODE 8011-01-P