Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter XI (Doing Business With the Public), Section 8 (Supervision of Accounts) of the Exchange's Rulebook, 17511-17513 [2016-06994]
Download as PDF
Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices
The Commission’s related evaluation
of the amendment, finding of exigent
circumstances, state consultation, and
NSHC determination are contained in a
safety evaluation dated March 9, 2016.
No significant hazards consideration
comments received: No.
Dated at Rockville, Maryland, this 18th day
of March 2016.
For the Nuclear Regulatory Commission.
Anne T. Boland,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2016–06939 Filed 3–28–16; 8:45 am]
BILLING CODE 7590–01–P
RAILROAD RETIREMENT BOARD
Proposed Collection; Comment
Request
SUMMARY:
In accordance with the
requirement of Section 3506(c)(2)(A) of
the Paperwork Reduction Act of 1995
which provides opportunity for public
comment on new or revised data
collections, the Railroad Retirement
Board (RRB) will publish periodic
summaries of proposed data collections.
Comments are invited on: (a) Whether
the proposed information collection is
necessary for the proper performance of
the functions of the agency, including
whether the information has practical
utility; (b) the accuracy of the RRB’s
estimate of the burden of the collection
of the information; (c) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden related to
the collection of information on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Title and purpose of information
collection: Vocational Report; OMB
3220–0141. Section 2 of the Railroad
Retirement Act (RRA) provides for
payment of disability annuities to
qualified employees and widow(ers).
The establishment of permanent
disability for work in the applicant’s
‘‘regular occupation’’ or for work in any
regular employment is prescribed in 20
CFR 220.12 and 220.13 respectively.
The RRB utilizes Form G–251,
Vocational Report, to obtain an
applicant’s work history. This
information is used by the RRB to
determine the effect of a disability on an
applicant’s ability to work. Form G–251
is designed for use with the RRB’s
disability benefit application forms and
is provided to all applicants for
employee disability annuities and to
those applicants for a widow(er)’s
disability annuity who indicate that
they have been employed at some time.
Significant changes are proposed to
Form G–251 in support of the RRB’s
Disability Program Improvement Project
to enhance/improve disability case
17511
processing and overall program integrity
as recommended by the RRB’s Office of
Inspector General and the Government
Accountability Office.
Proposed changes to Form G–251
include the consolidation and revision
of existing items that request
information about essential job duties
performed and any exposure to
environmental hazards; the expansion
of existing items that provide
information regarding an applicant’s
physical actions or work activities and
the amount of time that they expend on
such activities during an average 8 hour
work day to include Balancing,
Twisting/Turning, Crawling, Gripping/
Holding, Foot Control, and Fine
Manipulation; and the addition of new
items that request information regarding
any permanent working
accommodations an employer may have
made due to the employee’s disability
are also proposed.
Other minor changes proposed
include revisions to the ‘‘Identifying
Information’’ section to add ‘‘Province’’
to the address field for applicants who
may live outside the U.S. and to provide
for an additional telephone number.
Minor non-burden impacting, editorial
and formatting changes are also
proposed.
Completion is required to obtain or
retain a benefit. One response is
requested of each respondent.
ESTIMATE OF ANNUAL RESPONDENT BURDEN
Annual
responses
Form No.
G–251 (with assistance) ..............................................................................................................
G–251 (without assistance) .........................................................................................................
mstockstill on DSK4VPTVN1PROD with NOTICES
Charles Mierzwa,
Chief of Information Resources Management.
[FR Doc. 2016–07130 Filed 3–28–16; 8:45 am]
BILLING CODE 7905–01–P
VerDate Sep<11>2014
19:43 Mar 28, 2016
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–77429; File No. SR–BX–
2016–017]
Self-Regulatory Organizations;
NASDAQ BX, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Chapter XI
(Doing Business With the Public),
Section 8 (Supervision of Accounts) of
the Exchange’s Rulebook
March 23, 2016.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b-4 thereunder,2
1 15
2 17
Jkt 238001
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b-4.
Frm 00087
Fmt 4703
Sfmt 4703
Burden (hours)
5,730 40
270 50
3,820
225
6,000 ........................
Total ......................................................................................................................................
Additional Information or Comments:
To request more information or to
obtain a copy of the information
collection justification, forms, and/or
supporting material, contact Dana
Hickman at (312) 751–4981 or
Dana.Hickman@RRB.GOV. Comments
regarding the information collection
should be addressed to Charles
Mierzwa, Railroad Retirement Board,
844 North Rush Street, Chicago, Illinois
60611–2092 or emailed to
Charles.Mierzwa@RRB.GOV. Written
comments should be received within 60
days of this notice.
Time (minutes)
4,045
notice is hereby given that on March 14,
2016, NASDAQ BX, Inc. (‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III, below, which Items
have been substantially 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 Substance of
the Proposed Rule Change
The Exchange proposes to amend
Chapter XI (Doing Business with the
Public), Section 8 (Supervision of
Accounts) of the Exchange’s rulebook to
remove outdated references to three
E:\FR\FM\29MRN1.SGM
29MRN1
17512
Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices
National Association of Securities
Dealers, Inc. (‘‘NASD’’) rules and to
replace those references with references
to four successor Financial Industry
Regulatory Authority, Inc. (‘‘FINRA’’)
rules which have replaced them.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://
nasdaqomxbx.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
mstockstill on DSK4VPTVN1PROD with NOTICES
The Exchange is proposing to amend
Chapter XI (Doing Business with the
Public), Section 8 (Supervision of
Accounts) of the Exchange’s rulebook
(the ‘‘BX Options Supervision Rules’’) to
remove outdated references to three
NASD rules and to replace those
references with references to four
successor FINRA rules which have
replaced them.3
Currently, the BX Options
Supervision Rules provide in Section
8(a) that each member that conducts a
public customer options business shall
ensure that its written supervisory
system policies and procedures
pursuant to NASD Rules 3010, 3012,
and 3013 (the ‘‘Old NASD Rules’’)
adequately address the member’s public
customer options business. Since the
adoption by the Exchange of the BX
Options Supervision Rules, FINRA has
3 The current FINRA rulebook consists of: (1)
FINRA rules; (2) NASD rules; and (3) rules
incorporated from NYSE (Incorporated NYSE Rules)
(together, the NASD rules and Incorporated NYSE
Rules are referred to as the ‘‘Transitional
Rulebook’’). As part of the process of developing a
new consolidated rulebook (the ‘‘Consolidated
FINRA Rulebook’’) FINRA adopted FINRA Rules
3110, 3120, 3130 and 3170 which the Exchange
seeks to incorporate in the BX Options Supervision
Rules.
VerDate Sep<11>2014
19:43 Mar 28, 2016
Jkt 238001
updated its own rulebook and deleted
the Old NASD Rules, adopting in their
place FINRA Rules 3110, 3120, 3130
and 3170.4 The Exchange therefore
proposes to make a conforming change
to the BX Options Supervision Rules by
deleting references to the Old NASD
Rules and replacing them with
references to FINRA Rules 3110, 3120,
3130 and 3170.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 5 in general, and furthers the
objectives of Section 6(b)(5) of the Act 6
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, by
removing references to outdated NASD
rules, thus minimizing any potential
confusion on the part of members and
other market participants regarding the
standards and rules to which Exchange
members are subject.
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. As the
amendments merely correct the
Exchange rules to refer to the current
FINRA rules discussed above, it has no
impact on 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.
4 FINRA Rules 3110 (Supervision) and 3120
(Supervisory Control System) were adopted by
FINRA to replace NASD Rules 3010 (Supervision),
and 3012 (Supervisory Control System). In addition,
new FINRA Rule 3170 (Tape Recording of
Registered Persons by Certain Firms) replaced
NASD Rule 3010(b)(2). The new rules became
effective on December 1, 2014. See Securities
Exchange Act Release No. 71179 (Dec. 23, 2013), 78
FR 79542 (Dec. 30, 2013) (Order Approving
Proposed Rule Change as Modified by Amendment
No. 1) (File No. SR–FINRA–2013–025); see also
FINRA Regulatory Notice 08–24 (May 2008)
(Proposed Consolidated FINRA Rules Governing
Supervision and Supervisory Controls). FINRA Rule
3130 (Annual Certification of Compliance and
Supervisory Processes) replaced NASD Rule 3013
(Annual Certification of Compliance and
Supervisory Processes) in 2008. See Securities
Exchange Act Release No. 58661 (Sept. 26, 2008),
73 FR 57395 (Oct. 2, 2008) (SR–FINRA–2008–030).
5 15 U.S.C. 78f(b).
6 15 U.S.C. 78f(b)(5).
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
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 7 and Rule
19b–4(f)(6) thereunder.8
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–
BX–2016–017 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–BX–2016–017. 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).
7 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.
8 17
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Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices
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 20549–1090, 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–BX–2016–017 and should
be submitted on or before April 19,
2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Brent J. Fields,
Secretary.
[FR Doc. 2016–06994 Filed 3–28–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release Nos. 33–10058; 34–77432; File No.
265–28]
Investor Advisory Committee Meeting
AGENCY:
Securities and Exchange
Commission.
ACTION: Notice of Meeting of Securities
and Exchange Commission Dodd-Frank
Investor Advisory Committee.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
The Securities and Exchange
Commission Investor Advisory
Committee, established pursuant to
Section 911 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act of 2010, is providing notice that it
will hold a public meeting. The public
is invited to submit written statements
to the Committee.
DATES: The meeting will be held on
Thursday, April 14, 2016 from 9:30 a.m.
until 3:45 p.m. (ET). Written statements
should be received on or before April
14, 2016.
9 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
19:43 Mar 28, 2016
Jkt 238001
ADDRESSES:
The meeting will be held in
Multi-Purpose Room LL–006 at the
Commission’s headquarters, 100 F
Street NE., Washington, DC 20549. The
meeting will be webcast on the
Commission’s Web site at www.sec.gov.
Written statements may be submitted by
any of the following methods:
Electronic Statements
D Use the Commission’s Internet
submission form (https://www.sec.gov/
rules/other.shtml); or
D Send an email message to rulescomments@sec.gov. Please include File
No. 265–28 on the subject line; or
Paper Statements
D Send paper statements to Brent J.
Fields, Secretary, Securities and
Exchange Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File No.
265–28. This file number should be
included on the subject line if email is
used. To help us process and review
your statement more efficiently, please
use only one method.
Statements also will be available for
Web site viewing and printing in the
Commission’s Public Reference Room,
100 F Street NE., Room 1580,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. All statements
received will be posted without change;
we do not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly.
FOR FURTHER INFORMATION CONTACT:
Marc Oorloff Sharma, Senior Special
Counsel, Office of the Investor
Advocate, at (202) 551–3302, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549.
SUPPLEMENTARY INFORMATION: The
meeting will be open to the public,
except during that portion of the
meeting reserved for an administrative
work session during lunch. Persons
needing special accommodations to take
part because of a disability should
notify the contact person listed in FOR
FURTHER INFORMATION CONTACT.
The agenda for the meeting includes:
Remarks from Commissioners; a
discussion of a recommendation of the
Investor as Purchaser subcommittee
regarding mutual fund cost disclosure;
an update from the Commission’s Office
of Compliance Inspections and
Examinations; subcommittee reports; a
discussion regarding cybersecurity and
related investor protection concerns;
reflections on the first full term of
Investor Advisory Committee
membership; and a nonpublic
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
17513
administrative work session during
lunch.
Dated: March 23, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016–06988 Filed 3–28–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–77430; File No. SR–FINRA–
2015–057]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Order Approving
Proposed Rule Change to Adopt
FINRA Rule 2273 (Educational
Communication Related to
Recruitment Practices and Account
Transfers)
March 23, 2016.
I. Introduction
On December 16, 2015, Financial
Industry Regulatory Authority, Inc.
(‘‘FINRA’’) filed with the Securities and
Exchange Commission (‘‘SEC’’ or
‘‘Commission’’), pursuant to section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Exchange Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change to adopt FINRA Rule 2273,
which would establish an obligation for
a member to deliver an educational
communication in connection with
member recruitment practices and
account transfers.
The proposed rule change was
published for comment in the Federal
Register on December 30, 2015.3 The
Commission received twelve comment
letters on the proposal.4 On February 4,
2016, FINRA extended the time period
for Commission action on the proposed
rule change until March 29, 2016. On
March 17, 2016, FINRA responded to
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Notice of Filing of a Proposed Rule Change
to Adopt FINRA Rule 2273 (Educational
Communication Related to Recruitment Practices
and Account Transfers), Exchange Act Rel. No.
76757 (December 23, 2015), 80 FR 81590 (December
30, 2015) (‘‘Notice’’).
4 Comment letters were submitted by Georgia
State University College of Law Investor Advocacy
Clinic (‘‘GSU’’); Commonwealth Financial Network
(‘‘Commonwealth’’); Securities Industry and
Financial Markets Association (‘‘SIFMA’’);
Financial Services Institute (‘‘FSI’’); Public
Investors Arbitration Bar Association (‘‘PIABA’’);
Wells Fargo Advisors (‘‘Wells Fargo’’); The
Committee of Annuity Insurers (‘‘Committee of
Annuity Insurers’’); Lincoln Financial Network
(‘‘Lincoln’’); LPL Financial (‘‘LPL’’); Raymond
James Financial Services (‘‘RJFS’’); Raymond James
& Associates (‘‘RJA’’); and HD Vest Investment
Services (‘‘HD Vest’’).
2 17
E:\FR\FM\29MRN1.SGM
29MRN1
Agencies
[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Notices]
[Pages 17511-17513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06994]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-77429; File No. SR-BX-2016-017]
Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Chapter XI
(Doing Business With the Public), Section 8 (Supervision of Accounts)
of the Exchange's Rulebook
March 23, 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 March 14, 2016, NASDAQ BX, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III, below, which Items have
been substantially 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 Substance
of the Proposed Rule Change
The Exchange proposes to amend Chapter XI (Doing Business with the
Public), Section 8 (Supervision of Accounts) of the Exchange's rulebook
to remove outdated references to three
[[Page 17512]]
National Association of Securities Dealers, Inc. (``NASD'') rules and
to replace those references with references to four successor Financial
Industry Regulatory Authority, Inc. (``FINRA'') rules which have
replaced them.
The text of the proposed rule change is available on the Exchange's
Web site at https://nasdaqomxbx.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 Exchange is proposing to amend Chapter XI (Doing Business with
the Public), Section 8 (Supervision of Accounts) of the Exchange's
rulebook (the ``BX Options Supervision Rules'') to remove outdated
references to three NASD rules and to replace those references with
references to four successor FINRA rules which have replaced them.\3\
---------------------------------------------------------------------------
\3\ The current FINRA rulebook consists of: (1) FINRA rules; (2)
NASD rules; and (3) rules incorporated from NYSE (Incorporated NYSE
Rules) (together, the NASD rules and Incorporated NYSE Rules are
referred to as the ``Transitional Rulebook''). As part of the
process of developing a new consolidated rulebook (the
``Consolidated FINRA Rulebook'') FINRA adopted FINRA Rules 3110,
3120, 3130 and 3170 which the Exchange seeks to incorporate in the
BX Options Supervision Rules.
---------------------------------------------------------------------------
Currently, the BX Options Supervision Rules provide in Section 8(a)
that each member that conducts a public customer options business shall
ensure that its written supervisory system policies and procedures
pursuant to NASD Rules 3010, 3012, and 3013 (the ``Old NASD Rules'')
adequately address the member's public customer options business. Since
the adoption by the Exchange of the BX Options Supervision Rules, FINRA
has updated its own rulebook and deleted the Old NASD Rules, adopting
in their place FINRA Rules 3110, 3120, 3130 and 3170.\4\ The Exchange
therefore proposes to make a conforming change to the BX Options
Supervision Rules by deleting references to the Old NASD Rules and
replacing them with references to FINRA Rules 3110, 3120, 3130 and
3170.
---------------------------------------------------------------------------
\4\ FINRA Rules 3110 (Supervision) and 3120 (Supervisory Control
System) were adopted by FINRA to replace NASD Rules 3010
(Supervision), and 3012 (Supervisory Control System). In addition,
new FINRA Rule 3170 (Tape Recording of Registered Persons by Certain
Firms) replaced NASD Rule 3010(b)(2). The new rules became effective
on December 1, 2014. See Securities Exchange Act Release No. 71179
(Dec. 23, 2013), 78 FR 79542 (Dec. 30, 2013) (Order Approving
Proposed Rule Change as Modified by Amendment No. 1) (File No. SR-
FINRA-2013-025); see also FINRA Regulatory Notice 08-24 (May 2008)
(Proposed Consolidated FINRA Rules Governing Supervision and
Supervisory Controls). FINRA Rule 3130 (Annual Certification of
Compliance and Supervisory Processes) replaced NASD Rule 3013
(Annual Certification of Compliance and Supervisory Processes) in
2008. See Securities Exchange Act Release No. 58661 (Sept. 26,
2008), 73 FR 57395 (Oct. 2, 2008) (SR-FINRA-2008-030).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \5\ in general, and furthers the objectives of Section
6(b)(5) of the Act \6\ 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,
by removing references to outdated NASD rules, thus minimizing any
potential confusion on the part of members and other market
participants regarding the standards and rules to which Exchange
members are subject.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 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. As the amendments merely
correct the Exchange rules to refer to the current FINRA rules
discussed above, it has no impact on 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 \7\ and Rule
19b-4(f)(6) thereunder.\8\
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(a)(iii).
\8\ 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-BX-2016-017 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-BX-2016-017. 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).
[[Page 17513]]
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 20549-1090, 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-BX-2016-017 and
should be submitted on or before April 19, 2016.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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\9\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-06994 Filed 3-28-16; 8:45 am]
BILLING CODE 8011-01-P