Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 1066, 8571-8573 [2016-03388]
Download as PDF
Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–03300 Filed 2–18–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon Written Request Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE., Washington, DC
20549–2736.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Extension:
Schedule 14D–9F, SEC File No. 270–339,
OMB Control No. 3235–0382.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget for extension
and approval.
Schedule 14D–9F (17 CFR 240.14d–
103) under the Securities Exchange Act
of 1934 (15 U.S.C. 78 et seq.) is used by
any foreign private issuer incorporated
or organized under the laws of Canada
or by any director or officer of such
issuer, where the issuer is the subject of
a cash tender or exchange offer for a
class of securities filed on Schedule
14D–1F. The information required to be
filed with the Commission is intended
to permit verification of compliance
with the securities law requirements
and assures the public availability of
such information. We estimate that
Schedule 14D–9F takes approximately 2
hours per response to prepare and is
filed by approximately 6 respondents
annually for a total reporting burden of
12 hours (2 hours per response x 6
responses).
Written comments are invited on: (a)
Whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden imposed by the collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
VerDate Sep<11>2014
17:59 Feb 18, 2016
Jkt 238001
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid
control number.
Please direct your written comment to
Pamela Dyson, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Remi PavlikSimon, 100 F Street NE., Washington,
DC 20549 or send an email to: PRA_
Mailbox@sec.gov.
Dated: February 12, 2016.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–03403 Filed 2–18–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon Written Request Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE., Washington, DC
20549–2736.
Extension: Rule 14f–1, SEC File No. 270–127,
OMB Control No. 3235–0108.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget for extension
and approval.
Under Exchange Act Rule 14f–1 (17
CFR 240.14f–1), if a person or persons
have acquired securities of an issuer in
a transaction subject to Sections 13(d) or
14(d) of the Exchange Act, and changes
a majority of the directors of the issuer
otherwise than at a meeting of security
holders, then the issuer must file with
the Commission and transmit to security
holders information related to the
change in directors within 10 days prior
to the date the new majority takes office
as directors. The information filed
under Rule 14f–1 must be filed with the
Commission and is publicly available.
We estimate that it takes approximately
18 burden hours to provide the
information required under Rule 14f–1
and that the information is filed by
approximately 64 respondents for a total
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
8571
annual reporting burden of 1,152 hours
(18 hours per response x 64 responses).
Written comments are invited on: (a)
Whether this proposed collection of
information is necessary for the
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden imposed by the collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid
control number.
Please direct your written comment to
Pamela Dyson, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Remi PavlikSimon, 100 F Street NE., Washington,
DC 20549 or send an email to: PRA_
Mailbox@sec.gov.
Dated: February 12, 2016.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–03400 Filed 2–18–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–77125; File No. SR–Phlx–
2016–14]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend Rule
1066
February 12, 2016.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on February
4, 2016, 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
1 15
2 17
E:\FR\FM\19FEN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
19FEN1
8572
Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Rule 1066, Certain Types of Floor-Based
(Non-PHLX XL) Orders Defined, as
described further below.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://
nasdaqomxphlx.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 the proposal is to
update Rule 1066 in several ways by
deleting obsolete provisions. Rule 1066
describes the order types that can be
executed on the options trading floor, as
opposed to electronically through the
Phlx XL trading system.3
First, the Exchange proposes to delete
the following two order types related to
the opening: (i) Opening-only-market
order; 4 and (ii) limit on opening order.5
Both of these order types became
obsolete when the Exchange automated
the opening process.6 Rule 1017(c),
Orders Represented by Floor Brokers,
clearly states that to be considered in
the determination of the opening price
3 See
Rule 1080.
opening-only-market order is a market order
which is to be executed in whole or in part during
the opening rotation of an options series or not at
all. See Rule 1066(c)(5).
5 A limit on opening order is a limit order which
is to be executed in whole or in part during the
opening rotation of an options series or not at all.
See Rule 1066(c)(9).
6 In May 2009, the Exchange enhanced its trading
system, including automating the opening process.
See Securities Exchange Act Release No. 59995
(May 28, 2009), 74 FR 26750 (June 3, 2009) (SR–
Phlx–2009–32).
asabaliauskas on DSK5VPTVN1PROD with NOTICES
4 An
VerDate Sep<11>2014
19:04 Feb 18, 2016
Jkt 238001
and to participate in the opening trade,
orders represented by Floor Brokers
must be entered onto the book
electronically.7 Thus, these order types
that are only valid on the opening can
no longer be entered manually under
Rule 1066.8
Second, the Exchange proposes to
delete Commentary .01 to Rule 1066,
which governs spread, straddle and
combination orders respecting foreign
currency options. This commentary is
obsolete because the Exchange no longer
lists American style foreign currency
options such that there can no longer be
a spread, straddle or combination order
involving American and European style
contracts.9 The Exchange continues to
list European style foreign currency
options contracts.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 10 in general, and furthers the
objectives of Section 6(b)(5) of the Act 11
in particular, in that it is designed to
promote just and equitable principles of
trade and to protect investors and the
public interest, by updating Rule 1066
to eliminate obsolete provisions.
Obsolete opening-related order types
could potentially confuse investors, as
could references to an expiration style
that is not offered respecting foreign
currency options.
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 proposal
merely updates obsolete provisions. The
proposal affects all participants who
trade on the options trading floor
equally, such that it does not impact
intra-market competition.
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
7 Floor Brokers enter orders onto the electronic
book using the Options Floor Broker Management
System. See Rule 1063(e).
8 Rule 1080(b)(i)(A) permits the electronic entry
of these order types.
9 American style options can be exercised at any
time until they expire. See Rule 1000(b)(34).
10 15 U.S.C. 78f(b).
11 15 U.S.C. 78f(b)(5).
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
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 12 and
subparagraph (f)(6) of Rule 19b–4
thereunder.13
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–2016–14 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–2016–14. 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
12 15
U.S.C. 78s(b)(3)(a)(iii).
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.
13 17
E:\FR\FM\19FEN1.SGM
19FEN1
Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–Phlx–
2016–14 and should be submitted on or
before March 11, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–03388 Filed 2–18–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
31996; File No. 812–14532]
Innovator Management LLC, et al.;
Notice of Application
February 12, 2016.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of an application for an
order under section 6(c) of the
Investment Company Act of 1940 (the
‘‘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
17(a)(2) of the Act, and under section
12(d)(1)(J) for an exemption from
sections 12(d)(1)(A) and 12(d)(1)(B) of
the Act.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
AGENCY:
Applicants
request an order that would permit (a)
series of certain open-end management
investment companies to issue shares
SUMMARY OF APPLICATION:
14 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
19:04 Feb 18, 2016
Jkt 238001
(‘‘Shares’’) redeemable in large
aggregations only (‘‘Creation Units’’); (b)
secondary market transactions in Shares
to be effected at negotiated market
prices rather than at net asset value
(‘‘NAV’’); (c) certain series to pay
redemption proceeds, under certain
circumstances, more than seven days
after the tender of Shares for
redemption; (d) certain affiliated
persons of the open-end investment
company to deposit securities into, and
receive securities from, such investment
company in connection with the
purchase and redemption of Creation
Units; and (e) certain registered
management investment companies and
unit investment trusts outside of the
same group of investment companies as
the series to acquire Shares beyond the
limits of section 12(d)(1)(A) and (B) of
the Act.
Innovator Management
LLC (the ‘‘Innovator’’), Academy Funds
Trust (the ‘‘Trust’’), and Quasar
Distributors, LLC (the ‘‘Distributor’’).
APPLICANTS:
The application was filed
on August 12, 2015, and amended on
December 3, 2015.
FILING DATES:
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 March 8, 2016, 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.
The Commission: Secretary,
U.S. Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090;
Applicants: Innovator and the Trust,
325 Chestnut Street, Suite 512,
Philadelphia, PA 19106; Distributor, 615
East Michigan Street, Milwaukee, WI
53202.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Parisa Haghshenas, Senior Counsel at
(202) 551–6723, or Holly L. Hunter-Ceci,
Branch Chief, at (202) 551–6825
(Division of Investment Management,
Chief Counsel’s Office).
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
8573
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:
Applicants’ Representations
1. The Trust is organized as a
Delaware statutory trust. The Trust is
registered under the Act as an open-end
management investment company.
2. Innovator is registered with the
Commission as an investment adviser
under the Investment Advisers Act of
1940 (the ‘‘Advisers Act’’) and will be
the investment adviser to the Initial
Funds (as described in Appendix A of
the application). Any other Adviser
(defined below) will also be registered
as an investment adviser under the
Advisers Act. Each Adviser may enter
into sub-advisory agreements with one
or more investment advisers to act as
sub-advisers to particular Funds (each,
a ‘‘Sub-Adviser’’). Any Sub-Adviser will
either be registered under the Advisers
Act or will not be subject to registration
under the Advisers Act.
3. Quasar is, and each distributor for
a Fund will be, a broker-dealer
registered under the Securities
Exchange Act of 1934, as amended
(‘‘Exchange Act’’) and will act as
distributor and principal underwriter of
one or more of the Funds. The
distributor of any Fund may be an
affiliated person, as defined in section
2(a)(3) of the Act (‘‘Affiliated Person’’),
or an affiliated person of an Affiliated
Person (‘‘Second-Tier Affiliate’’), of that
Fund’s Adviser and/or Sub-Advisers.
No distributor will be affiliated with any
Exchange (defined below).
4. Applicants request that the order
apply to the Initial Funds and any
future series of the Trust, and any other
open-end management investment
company or series thereof, that may be
created in the future that operate as
exchange-traded funds (‘‘ETFs’’) and
that track a specified index comprised
of domestic and/or foreign equity
securities and/or domestic and/or
foreign fixed income securities (‘‘Fixed
Income Funds’’) (‘‘Future Funds’’ and
together with the Initial Funds,
‘‘Funds’’). Each Fund will (a) be advised
by Innovator or an entity controlling,
controlled by, or under common control
with Innovator (each, an ‘‘Adviser’’) and
E:\FR\FM\19FEN1.SGM
19FEN1
Agencies
[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8571-8573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03388]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-77125; File No. SR-Phlx-2016-14]
Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 1066
February 12, 2016.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 4, 2016, 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
[[Page 8572]]
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Rule 1066, Certain Types of Floor-
Based (Non-PHLX XL) Orders Defined, as described further below.
The text of the proposed rule change is available on the Exchange's
Web site at https://nasdaqomxphlx.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 the proposal is to update Rule 1066 in several ways
by deleting obsolete provisions. Rule 1066 describes the order types
that can be executed on the options trading floor, as opposed to
electronically through the Phlx XL trading system.\3\
---------------------------------------------------------------------------
\3\ See Rule 1080.
---------------------------------------------------------------------------
First, the Exchange proposes to delete the following two order
types related to the opening: (i) Opening-only-market order; \4\ and
(ii) limit on opening order.\5\ Both of these order types became
obsolete when the Exchange automated the opening process.\6\ Rule
1017(c), Orders Represented by Floor Brokers, clearly states that to be
considered in the determination of the opening price and to participate
in the opening trade, orders represented by Floor Brokers must be
entered onto the book electronically.\7\ Thus, these order types that
are only valid on the opening can no longer be entered manually under
Rule 1066.\8\
---------------------------------------------------------------------------
\4\ An opening-only-market order is a market order which is to
be executed in whole or in part during the opening rotation of an
options series or not at all. See Rule 1066(c)(5).
\5\ A limit on opening order is a limit order which is to be
executed in whole or in part during the opening rotation of an
options series or not at all. See Rule 1066(c)(9).
\6\ In May 2009, the Exchange enhanced its trading system,
including automating the opening process. See Securities Exchange
Act Release No. 59995 (May 28, 2009), 74 FR 26750 (June 3, 2009)
(SR-Phlx-2009-32).
\7\ Floor Brokers enter orders onto the electronic book using
the Options Floor Broker Management System. See Rule 1063(e).
\8\ Rule 1080(b)(i)(A) permits the electronic entry of these
order types.
---------------------------------------------------------------------------
Second, the Exchange proposes to delete Commentary .01 to Rule
1066, which governs spread, straddle and combination orders respecting
foreign currency options. This commentary is obsolete because the
Exchange no longer lists American style foreign currency options such
that there can no longer be a spread, straddle or combination order
involving American and European style contracts.\9\ The Exchange
continues to list European style foreign currency options contracts.
---------------------------------------------------------------------------
\9\ American style options can be exercised at any time until
they expire. See Rule 1000(b)(34).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \10\ in general, and furthers the objectives of Section
6(b)(5) of the Act \11\ in particular, in that it is designed to
promote just and equitable principles of trade and to protect investors
and the public interest, by updating Rule 1066 to eliminate obsolete
provisions. Obsolete opening-related order types could potentially
confuse investors, as could references to an expiration style that is
not offered respecting foreign currency options.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78f(b).
\11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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 proposal merely updates
obsolete provisions. The proposal affects all participants who trade on
the options trading floor equally, such that it does not impact intra-
market competition.
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 \12\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
---------------------------------------------------------------------------
\12\ 15 U.S.C. 78s(b)(3)(a)(iii).
\13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------
At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, 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-2016-14 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-2016-14. 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
[[Page 8573]]
submission, all subsequent amendments, all written statements with
respect to the proposed rule change that are filed with the Commission,
and all written communications relating to the proposed rule change
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street NE., Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2016-14 and should be
submitted on or before March 11, 2016.
---------------------------------------------------------------------------
\14\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-03388 Filed 2-18-16; 8:45 am]
BILLING CODE 8011-01-P