Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Nasdaq Rule 7046, 73157-73158 [2016-25616]
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73157
Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / Notices
obtain supplemental information about
service and compensation.
The RRB utilizes Form UI–41,
Supplemental Report of Service and
Compensation, and Form UI–41a,
Supplemental Report of Compensation,
to obtain the additional information
about service and compensation from
railroad employers. Completion of the
forms is mandatory. One response is
required of each respondent.
Previous Requests for Comments: The
RRB has already published the initial
60-day notice (81 FR 54857 on August
17, 2016) required by 44 U.S.C.
3506(c)(2). That request elicited no
comments.
Information Collection Request (ICR)
Title: Employer Service and
Compensation Reports.
OMB Control Number: 3220–0070.
Forms submitted: UI–41 and UI–41a.
Type of request: Extension without
change of a currently approved
collection.
Affected public: Private Sector;
Businesses or other for profits.
Abstract: The reports obtain the
employee’s service and compensation
for a period subsequent to those already
on file and the employee’s base year
compensation. The information is used
to determine the entitlement to and the
amount of benefits payable.
Changes proposed: The RRB proposes
no changes to Form UI–41 and UI–41a.
The burden estimate for the ICR is as
follows:
Annual
responses
Form No.
Time
(minutes)
Burden
(hours)
UI–41 ...........................................................................................................................................
UI–41a .........................................................................................................................................
100
50
8
8
13
7
Total ......................................................................................................................................
150
........................
20
Additional Information or Comments:
Copies of the forms and supporting
documents can be obtained from 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 60611–1275 or
Charles.Mierzwa@RRB.GOV and to the
OMB Desk Officer for the RRB, Fax:
202–395–6974, Email address: OIRA_
Submission@omb.eop.gov.
Charles Mierzwa,
Associate Chief Information Officer for Policy
and Compliance.
[FR Doc. 2016–25673 Filed 10–21–16; 8:45 am]
BILLING CODE 7905–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79119; File No. SR–
NASDAQ–2016–138]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend
Nasdaq Rule 7046
sradovich on DSK3GMQ082PROD with NOTICES
October 19, 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 October
11, 2016, The NASDAQ Stock Market
LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
the proposed rule change as described
in Items I and II below, which Items
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
VerDate Sep<11>2014
17:42 Oct 21, 2016
have been prepared by the Exchange.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange recently added Nasdaq
Rule 7046 (Nasdaq Trading Insights) to
the Nasdaq rule book.4 Nasdaq Trading
Insights is an optional market data
service available to market participants
for a corresponding fee 5 and comprised
of four distinct market data components.
Specifically, as described in greater
detail in the filing to establish Nasdaq
Trading Insights, the market data
components include: (a) Missed
Opportunity—Liquidity; (b) Missed
Opportunity—Latency; (c) Peer
Benchmarking; and (d) Liquidity
Dynamics Analysis. The purpose of this
proposed rule change is to announce
that Nasdaq is delaying the availability
of the fourth component, Liquidity
Dynamics Analysis, while analyzing the
possibility of modifying that component
and/or introducing adding [sic]
additional data elements to Nasdaq
Trading Insights. Nasdaq will submit a
proposed rule change in the near future
to confirm the availability of the
Liquidity Dynamics Analysis
component and/or to effectuate any
additional changes to Nasdaq Trading
Insights.
The Exchange proposes to amend
Nasdaq Rule 7046 (Nasdaq Trading
Insights) to delay the availability of one
of the components of that product.
The Exchange is requesting that the
Commission waive the five-day prefiling requirement and the 30-day
operative delay period contained in SEC
Rule 19b–4(f)(6)(iii).3
The text of the proposed rule change
is available on the Exchange’s Web site
at https://nasdaq.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.
3 17
Jkt 241001
PO 00000
CFR 240.19b–4(f)(6)(iii).
Frm 00102
Fmt 4703
Sfmt 4703
1. Purpose
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,6
4 Securities Exchange Act Release No. 78886
(September 20, 2016), 81 FR 66113 (September 26,
2016) (SR–NASDAQ–2016–101).
5 SR–NASDAQ–2016–124 (September 23, 2016).
6 15 U.S.C. 78f.
E:\FR\FM\24OCN1.SGM
24OCN1
73158
Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / Notices
in general and with Sections [sic] 6(b)(5)
of the Act,7 in particular in that it is
designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
regulating, clearing, settling, processing
information with respect to, and
facilitating transactions in securities, to
remove impediments to and perfect the
mechanism of a free and open market
and a national market system, and, in
general, to protect investors and the
public interest. This proposal is in
keeping with those principles in that it
is designed to ensure that Rule 7046
accurately reflects the components of
Nasdaq Trading Insights that Nasdaq
intends to make available at this time.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange 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.
Specifically, Nasdaq believes that the
proposed rule change will not affect
competition in any respect because
designed [sic] to ensure that Rule 7046
accurately reflects the components of
Nasdaq Trading Insights that Nasdaq
intends to make available at this time.
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) of the Act 8 and Rule 19b–
4(f)(6) thereunder.9
7 15
U.S.C. 78f(b)(5).
U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission 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. The
Commission has waived the five-day prefiling
requirement in this case.
sradovich on DSK3GMQ082PROD with NOTICES
8 15
VerDate Sep<11>2014
17:42 Oct 21, 2016
Jkt 241001
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 10 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 11
permits the Commission to designate a
shorter time if such action is consistent
with the protection of investors and the
public interest. The Exchange has asked
the Commission to waive the 30-day
operative delay. The Exchange stated
that although the Nasdaq Trading
Insights product has been approved and
is available to customers, the Exchange
intends to delay the availability of one
of its components in order to allow time
to analyze the possibility of modifying
it. The Exchange believes that waiver of
the operative delay would ensure that
Rule 7046 accurately reflects the
components of Nasdaq Trading Insights
that the Exchange intends to make
available at this time. The Commission
believes that waiving the 30-day
operative delay is consistent with the
protection of investors and the public
interest. Therefore, the Commission
hereby waives the operative delay and
designates the proposed rule change
operative upon filing.12
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
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–2016–138. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
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–2016–138, and should be
submitted on or before November 14,
2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Brent J. Fields,
Secretary.
[FR Doc. 2016–25616 Filed 10–21–16; 8:45 am]
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–NASDAQ–2016–138 on the
subject line.
CFR 240.19b–4(f)(6).
CFR 240.19b–4(f)(6)(iii).
12 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).
BILLING CODE 8011–01–P
10 17
11 17
PO 00000
Frm 00103
Fmt 4703
Sfmt 9990
13 17
E:\FR\FM\24OCN1.SGM
CFR 200.30–3(a)(12).
24OCN1
Agencies
[Federal Register Volume 81, Number 205 (Monday, October 24, 2016)]
[Notices]
[Pages 73157-73158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25616]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-79119; File No. SR-NASDAQ-2016-138]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Nasdaq Rule 7046
October 19, 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 October 11, 2016, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange proposes to amend Nasdaq Rule 7046 (Nasdaq Trading
Insights) to delay the availability of one of the components of that
product.
The Exchange is requesting that the Commission waive the five-day
pre-filing requirement and the 30-day operative delay period contained
in SEC Rule 19b-4(f)(6)(iii).\3\
---------------------------------------------------------------------------
\3\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
The text of the proposed rule change is available on the Exchange's
Web site at https://nasdaq.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 recently added Nasdaq Rule 7046 (Nasdaq Trading
Insights) to the Nasdaq rule book.\4\ Nasdaq Trading Insights is an
optional market data service available to market participants for a
corresponding fee \5\ and comprised of four distinct market data
components. Specifically, as described in greater detail in the filing
to establish Nasdaq Trading Insights, the market data components
include: (a) Missed Opportunity--Liquidity; (b) Missed Opportunity--
Latency; (c) Peer Benchmarking; and (d) Liquidity Dynamics Analysis.
The purpose of this proposed rule change is to announce that Nasdaq is
delaying the availability of the fourth component, Liquidity Dynamics
Analysis, while analyzing the possibility of modifying that component
and/or introducing adding [sic] additional data elements to Nasdaq
Trading Insights. Nasdaq will submit a proposed rule change in the near
future to confirm the availability of the Liquidity Dynamics Analysis
component and/or to effectuate any additional changes to Nasdaq Trading
Insights.
---------------------------------------------------------------------------
\4\ Securities Exchange Act Release No. 78886 (September 20,
2016), 81 FR 66113 (September 26, 2016) (SR-NASDAQ-2016-101).
\5\ SR-NASDAQ-2016-124 (September 23, 2016).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\6\
[[Page 73158]]
in general and with Sections [sic] 6(b)(5) of the Act,\7\ in particular
in that it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
This proposal is in keeping with those principles in that it is
designed to ensure that Rule 7046 accurately reflects the components of
Nasdaq Trading Insights that Nasdaq intends to make available at this
time.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f.
\7\ 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
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Specifically, Nasdaq believes that the proposed rule change will not
affect competition in any respect because designed [sic] to ensure that
Rule 7046 accurately reflects the components of Nasdaq Trading Insights
that Nasdaq intends to make available at this time.
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) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
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. The Commission has waived the five-day prefiling
requirement in this case.
---------------------------------------------------------------------------
A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay. The
Exchange stated that although the Nasdaq Trading Insights product has
been approved and is available to customers, the Exchange intends to
delay the availability of one of its components in order to allow time
to analyze the possibility of modifying it. The Exchange believes that
waiver of the operative delay would ensure that Rule 7046 accurately
reflects the components of Nasdaq Trading Insights that the Exchange
intends to make available at this time. The Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest. Therefore, the Commission hereby
waives the operative delay and designates the proposed rule change
operative upon filing.\12\
---------------------------------------------------------------------------
\10\ 17 CFR 240.19b-4(f)(6).
\11\ 17 CFR 240.19b-4(f)(6)(iii).
\12\ 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).
---------------------------------------------------------------------------
At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NASDAQ-2016-138 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NASDAQ-2016-138. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal 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-2016-138, and should
be submitted on or before November 14, 2016.
---------------------------------------------------------------------------
\13\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Brent J. Fields,
Secretary.
[FR Doc. 2016-25616 Filed 10-21-16; 8:45 am]
BILLING CODE 8011-01-P