Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding Fingerprinting, 41641-41643 [2016-15073]
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<![CDATA[
Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices
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 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 SRBatsBZX–2016–24, and should be
submitted on or before July 18, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.21
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–15075 Filed 6–24–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
In the Matter of Coastal Pacific Mining
Corp. and Petaquilla Minerals Ltd.;
Order of Suspension of Trading
mstockstill on DSK3G9T082PROD with NOTICES
June 23, 2016.
It appears to the Securities and
Exchange Commission (‘‘Commission’’)
that there is a lack of current and
accurate information concerning the
securities of Coastal Pacific Mining
Corp. (‘‘CPMCF’’ 1) (CIK No. 1410181),
an Alberta corporation located in
Calgary, Alberta, Canada with a class of
securities registered with the
Commission pursuant to Securities
Exchange Act of 1934 (‘‘Exchange Act’’)
Section 12(g) because it is delinquent in
its periodic filings with the
Commission, having not filed any
periodic reports since it filed a Form
20–F for the period ended April 30,
21 17
CFR 200.30–3(a)(12).
short form of each issuer’s name is also its
stock symbol.
1 The
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18:52 Jun 24, 2016
Jkt 238001
2012. On March 19, 2015, the
Commission’s Division of Corporation
Finance (‘‘Corporation Finance’’) sent a
delinquency letter to CPMCF requesting
compliance with its periodic filing
requirements but CPMCF did not
receive the delinquency letter due to its
failure to maintain a valid address on
file with the Commission as required by
Commission rules (Rule 301 of
Regulation S–T, 17 CFR 232.301 and
Section 5.4 of EDGAR Filer Manual). As
of June 16, 2016, the common stock of
CPMCF was quoted on OTC Link
operated by OTC Markets Group Inc.
(formerly ‘‘Pink Sheets’’) (‘‘OTC Link’’),
had six market makers, and was eligible
for the ‘‘piggyback’’ exception of
Exchange Act Rule 15c2–11(f)(3).
It appears to the Commission that
there is a lack of current and accurate
information concerning the securities of
Petaquilla Minerals Ltd. (‘‘PTQMF’’)
(CIK No. 947121), a British Columbia
corporation located in Vancouver,
British Columbia, Canada with a class of
securities registered with the
Commission pursuant to Exchange Act
Section 12(g) because it is delinquent in
its periodic filings with the
Commission, having not filed any
periodic reports since it filed a Form
20–F for the period ended June 30,
2013. On September 30, 2015,
Corporation Finance sent a delinquency
letter to PTQMF requesting compliance
with its periodic filing requirements but
PTQMF did not receive the delinquency
letter due to its failure to maintain a
valid address on file with the
Commission as required by Commission
rules (Rule 301 of Regulation S–T, 17
CFR 232.301 and Section 5.4 of EDGAR
Filer Manual). As of June 16, 2016, the
common shares of PTQMF were quoted
on OTC Link, had six market makers,
and were eligible for the ‘‘piggyback’’
exception of Exchange Act Rule 15c2–
11(f)(3).
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
companies. Therefore, it is ordered,
pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that
trading in the securities of the abovelisted companies is suspended for the
period from 9:30 a.m. EDT on June 23,
2016, through 11:59 p.m. EDT on July 7,
2016.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2016–15255 Filed 6–23–16; 4:15 pm]
BILLING CODE 8011–01–P
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41641
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78109; File No. SR–CHX–
2016–08]
Self-Regulatory Organizations;
Chicago Stock Exchange, Inc.; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change Regarding
Fingerprinting
June 21, 2016.
Pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Exchange Act’’ or ‘‘Act’’),1 and Rule
19b–4 2 thereunder, notice is hereby
given that on June 9, 2016, the Chicago
Stock Exchange, Inc. (‘‘CHX’’ or the
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by CHX. The Exchange filed the
proposal as a ‘‘non-controversial’’
proposed rule change pursuant to
section 19(b)(3)(A) of the Act 3 and Rule
19b–4(f)(6) 4 thereunder. 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
CHX proposes to amend the Rules of
the Exchange (‘‘CHX Rules’’) to update
provisions regarding the fingerprinting
of securities industry personnel
associated with Participants.5
CHX has designated this proposed
rule change as non-controversial
pursuant to section 19(b)(3)(A) 6 of the
Act and Rule 19b–4(f)(6) 7 thereunder
and has provided the Commission with
the notice required by Rule 19b–
4(f)(6)(iii).8
The text of this proposed rule change
is available on the Exchange’s Web site
at (www.chx.com) and in the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
StatutoryBasis for, the Proposed Rule
Change
In its filing with the Commission, the
CHX included statements concerning
the purpose of and basis for the
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6).
5 A ‘‘Participant’’ is a ‘‘member’’ of the Exchange
for purposes of the Act. See CHX Article 1, Rule
1(s).
6 15 U.S.C. 78s(b)(3)(A).
7 17 CFR 240.19b–4(f)(6).
8 17 CFR 240.19b–4(f)(6)(iii).
2 17
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41642
Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices
proposed rule changes [sic] 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 CHX 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
StatutoryBasis for, the Proposed Rule
Changes
1. Purpose
The Exchange proposes to amend
Article 6, Rule 10 regarding the
fingerprinting of security industry
personnel. Current Article 6, Rule 10
provides that each Participant and
Participant Firm is responsible for
ensuring compliance with section 17(f)
of the Exchange Act 9 and SEC Rule 17f–
2 10 regarding the fingerprinting of
securities industry personnel.
Thereunder, paragraph .01 of the
Interpretations and Policies of Article 6,
Rule 10 provides that Participants may
submit fingerprint cards to the Exchange
for processing.11 Paragraph .02 of the
Interpretations and Policies of Article 6,
Rule 10 provides that the Exchange
9 15
U.S.C. 78q(f).
CFR 240.17f–2.
11 While the Exchange is currently permitted to
require Participants to submit fingerprints to either
the Exchange or to the Financial Industry
Regulatory Authority (‘‘FINRA’’) Web Central
Registration Depository (‘‘Web CRD’’), in 2011, the
Exchange eliminated, among other things, fees for
fingerprint processing by the Exchange and noted
that the Exchange no longer provided fingerprint
processing services. See Exchange Act Release No.
64953 (July 25, 2011), 76 FR 45626 (July 29, 2011)
(SR–CHX–2011–19) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change
to Clarify the Application of the Fee Schedule to
Certain Transactions of, and Services to, CHX
Participants and Make Certain Rate Changes); see
also Exchange Act Release No. 57587 (March 31,
2008), 73 FR 18598 (April 4, 2008) (Order Granting
Approval of Proposed Rule Change, as Modified by
Amendment No. 1, to Amend Rules Relating to
Registration Requirements); see also Exchange Act
Release No. 57363 (February 20, 2008), 73 FR 10846
(February 28, 2008) (SR–CHX–2007–21) (Notice of
Filing of Proposed Rule Change, as Modified by
Amendment No. 1, to Amend Rules Relating to
Registration Requirements).
The CRD is the central licensing and registration
system for the U.S. securities industry. The CRD
system enables individuals and firms seeking
registration with multiple states and self-regulatory
organizations to do so by submitting a single form,
fingerprint card and a combined payment of fees to
FINRA. Through the CRD system, FINRA maintains
the qualification, employment and disciplinary
histories of registered associated persons of broker
dealers.
For those Participants that are not FINRA
members, the Exchange collects the appropriate
Web CRD fees from such Participants on behalf of
FINRA. See CHX Fee Schedule Section J.5.
Participants that are also FINRA members are
subject to the relevant fingerprint processing fees
under the FINRA Registration/Exam Fee Schedule.
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10 17
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shall submit fingerprint cards obtained
pursuant to this rule to the Attorney
General of the United States or his or
her designee for identification and
processing and that the Exchange shall
maintain the security of fingerprint
cards and information received from the
Attorney General or his or her designee.
The Exchange proposes to eliminate
the reference to ‘‘Participant Firm,’’ as
the definition of ‘‘Participant’’ includes
Participant Firms 12 and replace the
reference to ‘‘SEC Rule 17f-2’’ with
‘‘Rule 17f–2 under the Exchange Act,’’
which is stylistically consistent with
other citations to various rules under
the Exchange Act throughout the CHX
Rules.13
Moreover, as the Exchange no longer
permits Participants to submit
fingerprints to the Exchange directly,14
the Exchange proposes to delete
paragraphs .01 and .02 of the
Interpretations and Policies of Article 6,
Rule 10 and adopt language under
amended Article 6, Rule 10 that
provides that each Participant shall
submit the fingerprints of its associated
persons to the FINRA Web CRD prior to
such personnel performing the
functions listed under Rule 17f–2 under
the Exchange Act. Thus, the proposed
rule change serves to clean up
provisions that should have been
amended at the time the Exchange filed
SR–CHX–2011–19.15
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
section 6(b) of the Act 16 in general and
furthers the objectives of sections
6(b)(1) 17 in particular, in that it further
enables the Exchange to be so organized
as to have the capacity to be able to
carry out the purposes of the Act and to
comply, and to enforce compliance by
its Participants and persons associated
with its Participants, with the
provisions of the Act, the rules and
regulations thereunder, and the rules of
the Exchange, in furtherance of the
objectives of section 6(b)(1).
Specifically, the Exchange believes that
the proposed rule change serves to clean
up provisions that should have been
amended at the time the Exchange filed
SR–CHX–2011–19,18 which furthers the
objectives of section 6(b)(1).
12 See
supra note 5.
e.g., CHX Article 7, Rule 8(a); see also e.g.,
CHX Article 12, Rule 8(a).
14 See supra note 11.
15 See supra note 11.
16 15 U.S.C. 78f(b).
17 15 U.S.C. 78f(b)(1).
18 See supra note 11.
13 See
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B. Self-Regulatory Organization’s
Statement of Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as the
proposed rule change serves to clarify
that the Exchange no longer accepts
fingerprint submissions from
Participants, which does not implicate
competitive issues.
C. Self-Regulatory Organization’s
Statement on Comments Regarding the
Proposed Rule Changes Received From
Members, Participants or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Changes and Timing for
Commission Action
Because the 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, the
proposed rule change has become
effective pursuant to section 19(b)(3)(A)
of the Act 19 and Rule 19b–4(f)(6)
thereunder.20
The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposal may
become operative upon filing. The
Exchange states that the proposed
change cleans up provisions that should
have been amended at the time the
Exchange filed SR–CHX–2011–19.21
The Commission believes that waiver of
the operative delay is consistent with
the protection of investors and the
public interest. The rule change
removes outdated rule text regarding the
Exchange submitting fingerprint cards
and amends Rule 10 to state that
fingerprints must be submitted via Web
CRD. Waiver of the operative delay will
permit CHX to implement the change,
which aligns its rules with its practice,
without delay. Therefore, the
Commission designates the proposed
rule change to be operative upon
filing.22
19 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). As required under Rule
19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of 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.
21 See supra note 11.
22 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
20 17
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Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices
At any time within 60 days of the
filing of such 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 shall institute proceedings
under section 19(b)(2)(B) 23 of the Act 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 proposal 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 No. SR–
CHX–2016–08 on the subject line.
mstockstill on DSK3G9T082PROD with NOTICES
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
No. SR–CHX–2016–08. 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 changes 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
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
23 15 U.S.C. 78s(b)(2)(B).
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18:52 Jun 24, 2016
Jkt 238001
filing also will be available for
inspection and copying at the principal
office of the CHX. 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 No. SR–CHX–2016–
08 and should be submitted on or before
July 18, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.24
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–15073 Filed 6–24–16; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Request for Transit Advisory
Committee for Safety (TRACS)
Nominations
AGENCY:
Federal Transit Administration,
DOT.
Notice to solicit TRACS
nominees.
ACTION:
The Federal Transit
Administration (FTA) is seeking
nominations for individuals to serve as
members for two-year terms on the
Transit Advisory Committee for Safety
(TRACS). TRACS provides information,
advice, and recommendations to the
U.S. Secretary of Transportation
(Secretary) and FTA Administrator in
response to tasks assigned to the
committee. TRACS does not exercise
program management responsibilities
and makes no decisions directly
affecting the programs on which it
provides advice. The Secretary may
accept or reject a recommendation made
by TRACS and is not bound to pursue
any recommendation from TRACS.
DATES: FTA is asking for all
Nominations to be submitted by August
31, 2016.
FOR FURTHER INFORMATION CONTACT:
Adrianne Malasky, Office of Transit
Safety and Oversight, Federal Transit
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001 (telephone: 202–366–5496; or
email: Adrianne.Malasky@dot.gov).
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On December 8, 2009, the TRACS was
originally chartered by the Secretary for
24 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00136
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41643
the purpose of providing a forum for the
development, consideration, and
communication of information from
knowledgeable and independent
perspectives regarding modes of public
transit safety. The TRACS consists of
members representing key
constituencies affected by transit safety
requirements, including transit rail and
bus safety experts, research institutions,
industry associations, labor unions,
transit agencies, and State Safety
Oversight Agencies. TRACS currently
has 29 members, which is the maximum
number of members.
Pursuant to the mandates at 49 U.S.C.
5329, the FTA is required to develop an
implement a national public
transportation safety program to
improve the safety of all public
transportation systems that receive
Federal financial assistance under 49
U.S.C. chapter 53. Therefore, TRACS
membership is configured to reflect a
broad range of safety constituents
representative of the public
transportation industry and include key
constituencies affected by safety
requirements for transit rail and/or
transit bus. Individuals representing
labor unions, rail and bus transit
agencies, paratransit service providers
(both general public and Americans
with Disabilities Act complementary
service), State Safety Oversight
Agencies, State Departments of
Transportation, transit safety research
organizations and the rail and bus
transit safety industry are invited to
apply for membership.
The TRACS meets twice a year,
usually in Washington, DC, but may
meet more frequently or via conference
call as needed. Members serve at their
own expense and receive no salary from
the Federal Government. The FTA
retains authority to review the
participation of any TRACS member
and to recommend changes at any time.
TRACS meetings are open to all
members of the public. Interested
parties may view information about the
committee at: https://
www.transit.dot.gov/regulations-andguidance/safety/transit-advisorycommittee-safety-tracs.
II. Nominations
The FTA invites qualified individuals
interested in serving on this committee
to apply to FTA for appointment. FTA’s
Administrator will recommend
nominees for appointment by the
Secretary. Appointments are for twoyear terms; however, the Secretary may
reappoint a member to serve additional
terms. Nominees should be
knowledgeable of trends or issues
related to rail transit and bus transit
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]]>Agencies
[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Notices]
[Pages 41641-41643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15073]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-78109; File No. SR-CHX-2016-08]
Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Regarding Fingerprinting
June 21, 2016.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Exchange Act'' or ``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice
is hereby given that on June 9, 2016, the Chicago Stock Exchange, Inc.
(``CHX'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by CHX. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6) \4\ thereunder. 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.
\3\ 15 U.S.C. 78s(b)(3)(A).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
CHX proposes to amend the Rules of the Exchange (``CHX Rules'') to
update provisions regarding the fingerprinting of securities industry
personnel associated with Participants.\5\
---------------------------------------------------------------------------
\5\ A ``Participant'' is a ``member'' of the Exchange for
purposes of the Act. See CHX Article 1, Rule 1(s).
---------------------------------------------------------------------------
CHX has designated this proposed rule change as non-controversial
pursuant to section 19(b)(3)(A) \6\ of the Act and Rule 19b-4(f)(6) \7\
thereunder and has provided the Commission with the notice required by
Rule 19b-4(f)(6)(iii).\8\
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 240.19b-4(f)(6).
\8\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
The text of this proposed rule change is available on the
Exchange's Web site at (www.chx.com) and in the Commission's Public
Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
StatutoryBasis for, the Proposed Rule Change
In its filing with the Commission, the CHX included statements
concerning the purpose of and basis for the
[[Page 41642]]
proposed rule changes [sic] 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 CHX 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
StatutoryBasis for, the Proposed Rule Changes
1. Purpose
The Exchange proposes to amend Article 6, Rule 10 regarding the
fingerprinting of security industry personnel. Current Article 6, Rule
10 provides that each Participant and Participant Firm is responsible
for ensuring compliance with section 17(f) of the Exchange Act \9\ and
SEC Rule 17f-2 \10\ regarding the fingerprinting of securities industry
personnel. Thereunder, paragraph .01 of the Interpretations and
Policies of Article 6, Rule 10 provides that Participants may submit
fingerprint cards to the Exchange for processing.\11\ Paragraph .02 of
the Interpretations and Policies of Article 6, Rule 10 provides that
the Exchange shall submit fingerprint cards obtained pursuant to this
rule to the Attorney General of the United States or his or her
designee for identification and processing and that the Exchange shall
maintain the security of fingerprint cards and information received
from the Attorney General or his or her designee.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78q(f).
\10\ 17 CFR 240.17f-2.
\11\ While the Exchange is currently permitted to require
Participants to submit fingerprints to either the Exchange or to the
Financial Industry Regulatory Authority (``FINRA'') Web Central
Registration Depository (``Web CRD''), in 2011, the Exchange
eliminated, among other things, fees for fingerprint processing by
the Exchange and noted that the Exchange no longer provided
fingerprint processing services. See Exchange Act Release No. 64953
(July 25, 2011), 76 FR 45626 (July 29, 2011) (SR-CHX-2011-19)
(Notice of Filing and Immediate Effectiveness of Proposed Rule
Change to Clarify the Application of the Fee Schedule to Certain
Transactions of, and Services to, CHX Participants and Make Certain
Rate Changes); see also Exchange Act Release No. 57587 (March 31,
2008), 73 FR 18598 (April 4, 2008) (Order Granting Approval of
Proposed Rule Change, as Modified by Amendment No. 1, to Amend Rules
Relating to Registration Requirements); see also Exchange Act
Release No. 57363 (February 20, 2008), 73 FR 10846 (February 28,
2008) (SR-CHX-2007-21) (Notice of Filing of Proposed Rule Change, as
Modified by Amendment No. 1, to Amend Rules Relating to Registration
Requirements).
The CRD is the central licensing and registration system for the
U.S. securities industry. The CRD system enables individuals and
firms seeking registration with multiple states and self-regulatory
organizations to do so by submitting a single form, fingerprint card
and a combined payment of fees to FINRA. Through the CRD system,
FINRA maintains the qualification, employment and disciplinary
histories of registered associated persons of broker dealers.
For those Participants that are not FINRA members, the Exchange
collects the appropriate Web CRD fees from such Participants on
behalf of FINRA. See CHX Fee Schedule Section J.5. Participants that
are also FINRA members are subject to the relevant fingerprint
processing fees under the FINRA Registration/Exam Fee Schedule.
---------------------------------------------------------------------------
The Exchange proposes to eliminate the reference to ``Participant
Firm,'' as the definition of ``Participant'' includes Participant Firms
\12\ and replace the reference to ``SEC Rule 17f-2'' with ``Rule 17f-2
under the Exchange Act,'' which is stylistically consistent with other
citations to various rules under the Exchange Act throughout the CHX
Rules.\13\
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\12\ See supra note 5.
\13\ See e.g., CHX Article 7, Rule 8(a); see also e.g., CHX
Article 12, Rule 8(a).
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Moreover, as the Exchange no longer permits Participants to submit
fingerprints to the Exchange directly,\14\ the Exchange proposes to
delete paragraphs .01 and .02 of the Interpretations and Policies of
Article 6, Rule 10 and adopt language under amended Article 6, Rule 10
that provides that each Participant shall submit the fingerprints of
its associated persons to the FINRA Web CRD prior to such personnel
performing the functions listed under Rule 17f-2 under the Exchange
Act. Thus, the proposed rule change serves to clean up provisions that
should have been amended at the time the Exchange filed SR-CHX-2011-
19.\15\
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\14\ See supra note 11.
\15\ See supra note 11.
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2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act \16\ in general and furthers the
objectives of sections 6(b)(1) \17\ in particular, in that it further
enables the Exchange to be so organized as to have the capacity to be
able to carry out the purposes of the Act and to comply, and to enforce
compliance by its Participants and persons associated with its
Participants, with the provisions of the Act, the rules and regulations
thereunder, and the rules of the Exchange, in furtherance of the
objectives of section 6(b)(1). Specifically, the Exchange believes that
the proposed rule change serves to clean up provisions that should have
been amended at the time the Exchange filed SR-CHX-2011-19,\18\ which
furthers the objectives of section 6(b)(1).
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\16\ 15 U.S.C. 78f(b).
\17\ 15 U.S.C. 78f(b)(1).
\18\ See supra note 11.
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B. Self-Regulatory Organization's Statement of Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act, as the proposed rule change
serves to clarify that the Exchange no longer accepts fingerprint
submissions from Participants, which does not implicate competitive
issues.
C. Self-Regulatory Organization's Statement on Comments Regarding the
Proposed Rule Changes Received From Members, Participants or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Changes and Timing for
Commission Action
Because the 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, the proposed rule change has become effective
pursuant to section 19(b)(3)(A) of the Act \19\ and Rule 19b-4(f)(6)
thereunder.\20\
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\19\ 15 U.S.C. 78s(b)(3)(A).
\20\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of 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.
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The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative upon filing. The
Exchange states that the proposed change cleans up provisions that
should have been amended at the time the Exchange filed SR-CHX-2011-
19.\21\ The Commission believes that waiver of the operative delay is
consistent with the protection of investors and the public interest.
The rule change removes outdated rule text regarding the Exchange
submitting fingerprint cards and amends Rule 10 to state that
fingerprints must be submitted via Web CRD. Waiver of the operative
delay will permit CHX to implement the change, which aligns its rules
with its practice, without delay. Therefore, the Commission designates
the proposed rule change to be operative upon filing.\22\
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\21\ See supra note 11.
\22\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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[[Page 41643]]
At any time within 60 days of the filing of such 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 shall institute proceedings under
section 19(b)(2)(B) \23\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\23\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposal 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 No. SR-CHX-2016-08 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 No. SR-CHX-2016-08. 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 changes 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 CHX. 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 No. SR-CHX-2016-08 and should be
submitted on or before July 18, 2016.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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\24\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-15073 Filed 6-24-16; 8:45 am]
BILLING CODE 8011-01-P
