Submission for OMB Review; Comment Request, 49708-49709 [2016-17820]
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49708
Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices
Lhorne on DSK30JT082PROD with NOTICES
therefore also do not impact the
Commission’s prior conclusions. These
changes, in fact, were found to be
necessary by the Commission in the
Prior Filings.24 Similarly, the changes to
rename certain services to better reflect
the service offered, refer to Nasdaq
Corporate Solutions and reorganize the
rule are clarifying changes, which have
no impact on fees and how they are
allocated or on competition.
Nasdaq believes that it is not unfairly
discriminatory to offer the revised
service package only to currently listed
companies that are receiving services at
the time of the proposal’s approval, and
not to other currently listed companies.
Companies receiving complimentary
services are still in the process of
sampling Nasdaq Corporate Solutions’
offering and both the companies and
Nasdaq Corporate Solutions will benefit
from the ability of the company to
utilize the revised services. Moreover,
because Nasdaq Corporate Solutions
continues to provide the complimentary
services to these companies, extending
their term and providing additional
seats and advisory services is a seamless
process. On the other hand, companies
that are not currently receiving
complimentary services from Nasdaq
Corporate Solutions will have either
entered into binding contractual
agreements with Nasdaq Corporate
Solutions and other providers for the
specific services they require or
determined that they do not wish to
purchase the services. Extending the
benefits of the revised rule to such
companies would cause them to have
duplicative services to what they have
already contracted or provide them with
the option for a service that they have
already concluded they do not want.
Accordingly, providing the benefit of
the changes only to those companies
receiving services when the proposed
rule change is approved is not unfairly
discriminatory.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
Nasdaq does not believe that the
proposed rule change will result in any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
As described in the statutory basis
section, above, the proposed rule change
responds to competitive pressures in the
market for listings. Nasdaq believes the
proposed changes will result in a more
enticing package for potential listings
and therefore will enhance competition
among listing exchanges. The proposed
24 Exchange
Act Release No. 72669, 79 FR at
44236.
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changes to allow companies the ability
to choose a more meaningful market
advisory tool will provide companies a
better experience with these tools, the
proposed change to allow certain
companies to receive two market
advisory tools will expose eligible
companies to additional service options.
As a result, Nasdaq believes that when
the complimentary period ends these
companies are more likely to continue
to use the Nasdaq Corporate Solutions
service or a competing service, whereas
otherwise they may not be exposed to
the value of these services and therefore
may not purchase any. This will create
additional users of the service class and
enhance competition among service
providers. In addition, other service
providers can also offer similar services
to companies, thereby increasing
competition to the benefit of those
companies and their shareholders.
Accordingly, Nasdaq does not believe
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 amended.
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
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the Exchange consents,
the Commission shall: (a) By order
approve or disapprove such proposed
rule change, or (b) institute proceedings
to determine whether the proposed rule
change should be 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–
NASDAQ–2016–098 on the subject line.
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Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NASDAQ–2016–098. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing 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–
NASDAQ–2016–098 and should be
submitted on or before August 18, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.25
Brent J. Fields,
Secretary.
[FR Doc. 2016–17822 Filed 7–27–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
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:
25 17
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CFR 200.30–3(a)(12).
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Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices
Lhorne on DSK30JT082PROD with NOTICES
Rule 15Ba2–5, SEC File No. 270–91, OMB
Control No. 3235–0088.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for approval of
extension of the existing collection of
information provided for in Rule
15Ba2–5 (17 CFR 240.15Ba2–5), under
the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) (‘‘Exchange Act’’).
On July 7, 1976, effective July 16,
1976 (see 41 FR 28948, July 14, 1976),
the Commission adopted Rule 15Ba2–5
under the Exchange Act to permit a
duly-appointed fiduciary to assume
immediate responsibility for the
operation of a municipal securities
dealer’s business. Without the rule, the
fiduciary would not be able to assume
operation until it registered as a
municipal securities dealer. Under the
rule, the registration of a municipal
securities dealer is deemed to be the
registration of any executor,
administrator, guardian, conservator,
assignee for the benefit of creditors,
receiver, trustee in insolvency or
bankruptcy, or other fiduciary,
appointed or qualified by order,
judgment, or decree of a court of
competent jurisdiction to continue the
business of such municipal securities
dealer, provided that such fiduciary
files with the Commission, within 30
days after entering upon the
performance of his duties, a statement
setting forth as to such fiduciary
substantially the same information
required by Form MSD or Form BD. The
statement is necessary to ensure that the
Commission and the public have
adequate information about the
fiduciary.
There is approximately 1 respondent
per year that requires an aggregate total
of 4 hours to comply with this rule. This
respondent makes an estimated 1
annual response. Each response takes
approximately 4 hours to complete.
Thus, the total compliance burden per
year is 4 burden hours. The approximate
cost per hour is $20, resulting in a total
internal cost of compliance for the
respondent of approximately $80 (i.e., 4
hours × $20).
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
under the PRA unless it displays a
currently valid OMB control number.
The public may view background
documentation for this information
collection at the following Web site:
www.reginfo.gov. Comments should be
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directed to: (i) Desk Officer for the
Securities and Exchange Commission,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503,
or by sending an email to: Shagufta_
Ahmed@omb.eop.gov; and (ii) Pamela
Dyson, Director/Chief Information
Officer, Securities and Exchange
Commission, c/o Remi Pavlik-Simon,
100 F Street NE., Washington, DC
20549, or by sending an email to: PRA_
Mailbox@sec.gov. Comments must be
submitted to OMB within 30 days of
this notice.
Dated: July 22, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016–17820 Filed 7–27–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78394; File No. SR–Phlx–
2016–77]
Self-Regulatory Organizations;
NASDAQ PHLX LLC; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Amend
Price Improvement XL Pricing
July 22, 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 July 14,
2016, NASDAQ PHLX LLC (‘‘Phlx’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to amend the
Exchange’s Pricing Schedule at section
IV, part A, to amend Price Improvement
XL (‘‘PIXL’’) Pricing.3
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 PIXLSM is the Exchange’s price improvement
mechanism known as Price Improvement XL or
PIXL. A member may electronically submit for
execution an order it represents as agent on behalf
of a public customer, broker-dealer, or any other
entity (‘‘PIXL Order’’) against principal interest or
against any other order (except as provided in Rule
1080(n)(i)(F) it represents as agent (‘‘Initiating
Order’’), provided it submits the PIXL order for
electronic execution into the PIXL Auction
pursuant to Rule 1080. See Exchange Rule 1080(n).
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1 15
2 17
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49709
While changes to the Pricing
Schedule pursuant to this proposal are
effective upon filing, the Exchange has
designated these changes to be operative
on August 1, 2016.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://nasdaqphlx.cchwallstreet
.com/, at the principal office of the
Exchange, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to amend PIXL Pricing in
section IV, part A, to reduce the Penny
Pilot Options Specialist 4 or Market
Maker 5 Responder fee from $0.30 to
4 The term ‘‘Specialist’’ shall apply to the account
of a Specialist (as defined in Exchange Rule
1020(a)). A Specialist is an Exchange member who
is registered as an options specialist pursuant to
Rule 501(a). An options Specialist includes a
Remote Specialist which is defined as an options
specialist in one or more classes that does not have
a physical presence on an Exchange floor and is
approved by the Exchange pursuant to Rule 501.
5 The term ‘‘Market Maker’’ will be utilized to
describe fees and rebates applicable to Registered
Options Traders (‘‘ROTs’’), Streaming Quote
Traders (‘‘SQTs’’), Remote Streaming Quote Traders
(‘‘RSQTs’’). An ROT is defined in Exchange Rule
1014(b) is a regular member or a foreign currency
options participant of the Exchange located on the
trading floor who has received permission from the
Exchange to trade in options for his own account.
A ROT includes SQTs and RSQTs as well as on and
off-floor ROTS. An SQT is defined in Exchange
Rule 1014(b)(ii)(A) as an ROT who has received
permission from the Exchange to generate and
submit option quotations electronically in options
to which such SQT is assigned. An RSQT is defined
in Exchange Rule in 1014(b)(ii)(B) as an ROT that
is a member affiliated with an RSQTO with no
physical trading floor presence who has received
permission from the Exchange to generate and
submit option quotations electronically in options
to which such RSQT has been assigned. A Remote
Streaming Quote Trader Organization or ‘‘RSQTO,’’
which may also be referred to as a Remote Market
Making Organization (‘‘RMO’’), is a member
organization in good standing that satisfies the
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Continued
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Agencies
[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Notices]
[Pages 49708-49709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17820]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Submission for OMB Review; 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:
[[Page 49709]]
Rule 15Ba2-5, SEC File No. 270-91, OMB Control No. 3235-0088.
Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
existing collection of information provided for in Rule 15Ba2-5 (17 CFR
240.15Ba2-5), under the Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.) (``Exchange Act'').
On July 7, 1976, effective July 16, 1976 (see 41 FR 28948, July 14,
1976), the Commission adopted Rule 15Ba2-5 under the Exchange Act to
permit a duly-appointed fiduciary to assume immediate responsibility
for the operation of a municipal securities dealer's business. Without
the rule, the fiduciary would not be able to assume operation until it
registered as a municipal securities dealer. Under the rule, the
registration of a municipal securities dealer is deemed to be the
registration of any executor, administrator, guardian, conservator,
assignee for the benefit of creditors, receiver, trustee in insolvency
or bankruptcy, or other fiduciary, appointed or qualified by order,
judgment, or decree of a court of competent jurisdiction to continue
the business of such municipal securities dealer, provided that such
fiduciary files with the Commission, within 30 days after entering upon
the performance of his duties, a statement setting forth as to such
fiduciary substantially the same information required by Form MSD or
Form BD. The statement is necessary to ensure that the Commission and
the public have adequate information about the fiduciary.
There is approximately 1 respondent per year that requires an
aggregate total of 4 hours to comply with this rule. This respondent
makes an estimated 1 annual response. Each response takes approximately
4 hours to complete. Thus, the total compliance burden per year is 4
burden hours. The approximate cost per hour is $20, resulting in a
total internal cost of compliance for the respondent of approximately
$80 (i.e., 4 hours x $20).
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
The public may view background documentation for this information
collection at the following Web site: www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503, or by sending an email to:
Shagufta_Ahmed@omb.eop.gov; and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or by sending an
email to: PRA_Mailbox@sec.gov. Comments must be submitted to OMB within
30 days of this notice.
Dated: July 22, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-17820 Filed 7-27-16; 8:45 am]
BILLING CODE 8011-01-P