Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 9400 To Include a Cross-Reference, 79534-79536 [2016-27151]

Download as PDF 79534 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices Dated at Rockville, Maryland, this 4th day of November, 2016. For the U.S. Nuclear Regulatory Commission. Brian W. Smith, Deputy Director, Division of Fuel Cycle Safety, Safeguards, and Environmental Review, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2016–27353 Filed 11–10–16; 8:45 am] BILLING CODE 7590–01–P OVERSEAS PRIVATE INVESTMENT CORPORATION Sunshine Act Meeting Notice Thursday, December 8, 2016, 2 p.m. (OPEN Portion); 2:15 p.m. (CLOSED Portion). PLACE: Offices of the Corporation, Twelfth Floor Board Room, 1100 New York Avenue NW., Washington, DC. STATUS: Meeting OPEN to the Public from 2 p.m. to 2:15 p.m. Closed portion will commence at 2:15 p.m. (approx.). MATTERS TO BE CONSIDERED: 1. President’s Report 2. Minutes of the Open Session of the September 15, 2016 Board of Directors Meeting TIME AND DATE: FURTHER MATTERS TO BE CONSIDERED (Closed to the Public 2:15 p.m.): 1. Insurance Project—Jordan 2. Insurance Project—Israel 3. Finance Project—Africa, South Asia 4. Finance Project—Africa 5. Minutes of the Closed Session of the September 15, 2016 Board of Directors Meeting 6. Reports 7. Pending Projects CONTACT PERSON FOR MORE INFORMATION: Information on the meeting may be obtained from Catherine F. I. Andrade at (202) 336–8768, or via email at Catherine.Andrade@opic.gov. Dated: November 9, 2016. Catherine F. I. Andrade, Corporate Secretary, Overseas Private Investment Corporation. [FR Doc. 2016–27439 Filed 11–9–16; 4:15 pm] BILLING CODE 3210–01–P POSTAL REGULATORY COMMISSION mstockstill on DSK3G9T082PROD with NOTICES [Docket No. CP2017–33] New Postal Product Postal Regulatory Commission. ACTION: Notice. AGENCY: The Commission is noticing recent Postal Service filings for the Commission’s consideration concerning SUMMARY: VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 negotiated service agreements. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: November 15, 2016 ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Docketed Proceeding(s) I. Introduction The Commission gives notice that the Postal Service filed request(s) for the Commission to consider matters related to negotiated service agreement(s). The request(s) may propose the addition or removal of a negotiated service agreement from the market dominant or the competitive product list, or the modification of an existing product currently appearing on the market dominant or the competitive product list. Section II identifies the docket number(s) associated with each Postal Service request, the title of each Postal Service request, the request’s acceptance date, and the authority cited by the Postal Service for each request. For each request, the Commission appoints an officer of the Commission to represent the interests of the general public in the proceeding, pursuant to 39 U.S.C. 505 (Public Representative). Section II also establishes comment deadline(s) pertaining to each request. The public portions of the Postal Service’s request(s) can be accessed via the Commission’s Web site (https:// www.prc.gov). Non-public portions of the Postal Service’s request(s), if any, can be accessed through compliance with the requirements of 39 CFR 3007.40. The Commission invites comments on whether the Postal Service’s request(s) in the captioned docket(s) are consistent with the policies of title 39. For request(s) that the Postal Service states concern market dominant product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3622, 39 U.S.C. 3642, 39 CFR part 3010, and 39 CFR part 3020, subpart B. For request(s) PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 that the Postal Service states concern competitive product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3632, 39 U.S.C. 3633, 39 U.S.C. 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comment deadline(s) for each request appear in section II. II. Docketed Proceeding(s) 1. Docket No(s).: CP2017–33; Filing Title: Notice of United States Postal Service of Filing a Functionally Equivalent Global Expedited Package Services 3 Negotiated Service Agreement and Application for NonPublic Treatment of Materials Filed Under Seal; Filing Acceptance Date: November 4, 2016; Filing Authority: 39 CFR 3015.5; Public Representative: Lawrence Fenster; Comments Due: November 15, 2016. This notice will be published in the Federal Register. Stacy L. Ruble, Secretary. [FR Doc. 2016–27228 Filed 11–10–16; 8:45 am] BILLING CODE 7710–FW–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–79241; File No. SR–BX– 2016–056] Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 9400 To Include a Cross-Reference November 4, 2016. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 2 thereunder, notice is hereby given that, on October 25, 2016, NASDAQ BX, Inc. (‘‘BX’’ 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. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Rule 9400, entitled ‘‘Expedited Client Suspension Proceeding’’ to include a cross-reference for clarification. 1 15 2 17 U.S.C. 78s(b)(1). CFR 240.19b–4. E:\FR\FM\14NON1.SGM 14NON1 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices 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 is filing this proposal to amend Rule 9400, entitled ‘‘Expedited Client Suspension Proceeding’’ to include a cross-reference Chapter III, Section 16, entitled ‘‘Disruptive Quoting and Trading Activity Prohibited’’ within Rule 9400. The Exchange filed a rule change to adopt an options rule, identical to Rule 2170, which relates to disruptive quoting and trading activity.3 In that rule change, it stated that ‘‘[t]he Exchange will initiate disciplinary action for violations of Chapter III, Section 16, pursuant to Rule 9400.’’ 4 At that time, the Exchange inadvertently did not include the cross-references to Chapter III, Section 16 within Rule 9400. The Exchange proposes to add references to Chapter III, Section 16 within Rule 9400 for clarity. This rule change is non-controversial. mstockstill on DSK3G9T082PROD with NOTICES Background The Exchange filed a rule change to adopt an options rule to clearly prohibit disruptive quoting and trading activity on the Exchange and to permit the Exchange to take prompt action to suspend members or their clients that violate such rule pursuant to Rule 9400.5 The Exchange had previously 3 See Securities and Exchange Release No. 78107 (June 21, 2016), 81 FR 41619 (June 27, 2016) (SR– BX–2016–036). 4 See Securities and Exchange Release No. 78107 (June 21, 2016), 81 FR 41619, 41623 (June 27, 2016) (SR–BX–2016–036). Rule 9400 is located within the Code of Procedure rules which apply to both equities and options violations. 5 See note 3. VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 adopted Rule 9400 to set forth procedures for issuing suspension orders, immediately prohibiting a member from conducting continued disruptive quoting and trading activity on the Exchange.6 Rule 9400 provides the Exchange the authority to order a member to cease and desist from providing access to the Exchange to a client of the member that is conducting disruptive quoting and trading activity in violation of Rule 2170. The Exchange also previously adopted Rule 2400 to specifically define and prohibit disruptive equities quoting and trading activity on the Exchange.7 Chapter III, Section 16 is identical to Rule 2400, however applicable to options. Similarly, Chapter III, Section 16 prohibits members from engaging in or facilitating disruptive options quoting and trading activity on the Exchange. The Exchange proposes to simply add the cross-references for the options rules alongside the equity rule for clarity. This rule change is consistent with the intent of the rule proposal which adopted Chapter III, Section 16.8 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act,9 in general, and furthers the objectives of Section 6(b)(5) of the Act,10 in particular, in that the rules of the Exchange are designed to prevent fraudulent and manipulative acts and practices, it [sic] 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 making clear within Rule 9400 that violations of Chapter III, Section 16 are subject to disciplinary action pursuant to Rule 9400 as stated in the Exchange’s rule filing.11 This cross-reference will provide clarity to members and ease of reference to the corresponding options rule. The proposed rule change is noncontroversial. The addition of the crossreference is for clarity. 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 6 See Securities and Exchange Release No. 77914 (May 25, 2016), 81 FR 35106 (June 1, 2016) (SR– BX–2016–028). 7 See note 3. 8 See note 3. 9 15 U.S.C. 78f(b). 10 15 U.S.C. 78f(b)(5). 11 See note 4. PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 79535 of the purposes of the Act. This noncontroversial rule change will merely add the reference to the options rule next to the current reference for the equity rule to make clear, as noted in the rule changes, that violations of either rule relating to disruptive quoting and trading activity, will be disciplined pursuant to Rule 9400. 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 12 and Rule 19b– 4(f)(6) thereunder.13 A proposed rule change filed pursuant to Rule 19b–4(f)(6) under the Act 14 normally does not become operative for 30 days after the date of its filing. However, Rule 19b–4(f)(6) 15 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because it would allow the Exchange to immediately add the cross-reference within Rule 9400 which would provide clarity to members. The Exchange notes that a rule change to permit Rule 9400 to apply to violations of Chapter III, Section 16 was previously filed with the Commission. However, that filing failed to amend the rule text of Rule 9400 and only discussed the intended application of Rule 9400 to violations of Chapter III, Section 16 in the purpose section of the Form 19b–4. The text of the rule governs what actions the Exchange can take.16 However, because the description in the original filing sets forth what the Exchange intended the rule to cover, and this proposed rule change corrects an oversight by the Exchange in the 12 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). 14 17 CFR 240.19b–4(f)(6). 15 17 CFR 240.19b–4(f)(6). 16 See Section 6(b)(1) of the Act. 15 U.S.C. 78f(b)(1). 13 17 E:\FR\FM\14NON1.SGM 14NON1 79536 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices previous filing, the Commission believes that waiving the 30-day operative delay17 is consistent with the protection of investors and the public interest and designates the proposal operative on filing. 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 will 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– BX–2016–056 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 Number SR–BX–2016–056. 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 17 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). VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 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–BX– 2016–056 and should be submitted on or before December 5, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.18 Brent J. Fields, Secretary. [FR Doc. 2016–27151 Filed 11–10–16; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–79251; File No. SR– NASDAQ–2016–149] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange’s Market Access and Routing Subsidy Program November 7, 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 31, 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, 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 Substance of the Proposed Rule Change The Exchange proposes to amend the Exchange’s transaction fees at Chapter XV, Section 2 entitled ‘‘NASDAQ Options Market—Fees and Rebates,’’ which governs pricing for Nasdaq Participants using the NASDAQ Options 18 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 Market (‘‘NOM’’), Nasdaq’s facility for executing and routing standardized equity and index options. The Exchange proposes to amend its subsidy program, the Market Access and Routing Subsidy or ‘‘MARS,’’ for NOM Participants that provide certain order routing functionalities 3 to other NOM Participants and/or use such functionalities themselves. While changes to the Pricing Schedule pursuant to this proposal are effective upon filing, the Exchange has designated these changes to be operative on November 1, 2016. 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 NOM proposes to amend the MARS subsidy program which pays a subsidy to NOM Participants that provide certain order routing functionalities to other NOM Participants and/or use such functionalities themselves. Generally, under MARS, the Exchange pays participating NOM Participants to subsidize their costs of providing routing services to route orders to NOM. The Exchange believes that MARS will continue to attract higher volumes of electronic equity and ETF options volume to the Exchange from non-NOM 3 The order routing functionalities permit a NOM Participant to provide access and connectivity to other Participants as well as utilize such access for themselves. The Exchange notes that one NOM Participant is eligible for payments under MARS, while another NOM Participant might potentially be liable for transaction charges associated with the execution of the order, because those orders were delivered to the Exchange through a NOM Participant’s connection to the Exchange and that Participant qualified for the MARS Payment. E:\FR\FM\14NON1.SGM 14NON1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79534-79536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27151]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79241; File No. SR-BX-2016-056]


Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 9400 
To Include a Cross-Reference

November 4, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given 
that, on October 25, 2016, NASDAQ BX, Inc. (``BX'' 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 Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 9400, entitled ``Expedited 
Client Suspension Proceeding'' to include a cross-reference for 
clarification.

[[Page 79535]]

    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 is filing this proposal to amend Rule 9400, entitled 
``Expedited Client Suspension Proceeding'' to include a cross-reference 
Chapter III, Section 16, entitled ``Disruptive Quoting and Trading 
Activity Prohibited'' within Rule 9400. The Exchange filed a rule 
change to adopt an options rule, identical to Rule 2170, which relates 
to disruptive quoting and trading activity.\3\ In that rule change, it 
stated that ``[t]he Exchange will initiate disciplinary action for 
violations of Chapter III, Section 16, pursuant to Rule 9400.'' \4\ At 
that time, the Exchange inadvertently did not include the cross-
references to Chapter III, Section 16 within Rule 9400. The Exchange 
proposes to add references to Chapter III, Section 16 within Rule 9400 
for clarity. This rule change is non-controversial.
---------------------------------------------------------------------------

    \3\ See Securities and Exchange Release No. 78107 (June 21, 
2016), 81 FR 41619 (June 27, 2016) (SR-BX-2016-036).
    \4\ See Securities and Exchange Release No. 78107 (June 21, 
2016), 81 FR 41619, 41623 (June 27, 2016) (SR-BX-2016-036). Rule 
9400 is located within the Code of Procedure rules which apply to 
both equities and options violations.
---------------------------------------------------------------------------

Background
    The Exchange filed a rule change to adopt an options rule to 
clearly prohibit disruptive quoting and trading activity on the 
Exchange and to permit the Exchange to take prompt action to suspend 
members or their clients that violate such rule pursuant to Rule 
9400.\5\ The Exchange had previously adopted Rule 9400 to set forth 
procedures for issuing suspension orders, immediately prohibiting a 
member from conducting continued disruptive quoting and trading 
activity on the Exchange.\6\ Rule 9400 provides the Exchange the 
authority to order a member to cease and desist from providing access 
to the Exchange to a client of the member that is conducting disruptive 
quoting and trading activity in violation of Rule 2170. The Exchange 
also previously adopted Rule 2400 to specifically define and prohibit 
disruptive equities quoting and trading activity on the Exchange.\7\ 
Chapter III, Section 16 is identical to Rule 2400, however applicable 
to options. Similarly, Chapter III, Section 16 prohibits members from 
engaging in or facilitating disruptive options quoting and trading 
activity on the Exchange.
---------------------------------------------------------------------------

    \5\ See note 3.
    \6\ See Securities and Exchange Release No. 77914 (May 25, 
2016), 81 FR 35106 (June 1, 2016) (SR-BX-2016-028).
    \7\ See note 3.
---------------------------------------------------------------------------

    The Exchange proposes to simply add the cross-references for the 
options rules alongside the equity rule for clarity. This rule change 
is consistent with the intent of the rule proposal which adopted 
Chapter III, Section 16.\8\
---------------------------------------------------------------------------

    \8\ See note 3.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\9\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\10\ in particular, in that the rules of the 
Exchange are designed to prevent fraudulent and manipulative acts and 
practices, it [sic] 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 making clear within 
Rule 9400 that violations of Chapter III, Section 16 are subject to 
disciplinary action pursuant to Rule 9400 as stated in the Exchange's 
rule filing.\11\ This cross-reference will provide clarity to members 
and ease of reference to the corresponding options rule. The proposed 
rule change is non-controversial. The addition of the cross-reference 
is for clarity.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ See note 4.
---------------------------------------------------------------------------

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. This non-controversial rule 
change will merely add the reference to the options rule next to the 
current reference for the equity rule to make clear, as noted in the 
rule changes, that violations of either rule relating to disruptive 
quoting and trading activity, will be disciplined pursuant to Rule 
9400.

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 \12\ and Rule 19b-
4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \14\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6) \15\ permits the Commission to 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange believes 
that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest because it would allow 
the Exchange to immediately add the cross-reference within Rule 9400 
which would provide clarity to members. The Exchange notes that a rule 
change to permit Rule 9400 to apply to violations of Chapter III, 
Section 16 was previously filed with the Commission. However, that 
filing failed to amend the rule text of Rule 9400 and only discussed 
the intended application of Rule 9400 to violations of Chapter III, 
Section 16 in the purpose section of the Form 19b-4.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    The text of the rule governs what actions the Exchange can 
take.\16\ However, because the description in the original filing sets 
forth what the Exchange intended the rule to cover, and this proposed 
rule change corrects an oversight by the Exchange in the

[[Page 79536]]

previous filing, the Commission believes that waiving the 30-day 
operative delay\17\ is consistent with the protection of investors and 
the public interest and designates the proposal operative on filing.
---------------------------------------------------------------------------

    \16\ See Section 6(b)(1) of the Act. 15 U.S.C. 78f(b)(1).
    \17\ 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 will 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-BX-2016-056 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-2016-056. 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-BX-2016-056 and should be 
submitted on or before December 5, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-27151 Filed 11-10-16; 8:45 am]
 BILLING CODE 8011-01-P

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