Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices 19097 

6See Securities Exchange Act Release No. 74051, 

80 FR 2983 (Jan. 21, 2015). The Commission 

designated March 4, 2015, as the date by which it 

should approve, disapprove, or institute 

proceedings to determine whether to disapprove the 

proposed rule change. 

7 17 CFR 200.30–3(a)(12). 

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)(iii). 

5See EDGA and EDGX Rules 4.3. See also 

Securities Exchange Act Release Nos. 70715 

(October 15, 2013), 78 FR 64041 (October 18, 2013) 

(SR–EDGA–2013–31) (Notice of Filing and 

Immediate Effectiveness of Proposed Rule Change 

to Amend EDGA Rule 4.3, Record of Written 

Complains, to Conform with Financial Industry 

Regulatory Authority, Inc. Rule 4513); and 70714 

(October 15, 2013), 78 FR 64038 (October 18, 2013) 

(SR–EDGX–2013–39) (Notice of Filing and 

Immediate Effectiveness of Proposed Rule Change 

to Amend EDGX Rule 4.3, Record of Written 

Complains, to Conform with Financial Industry 

Regulatory Authority, Inc. Rule 4513). 

6 17 CFR 240.17d–2. 

the proposed rule change, or institute 

proceedings to determine whether to 

disapprove the proposed rule change.6

On February 26, 2014, the Exchange 

withdrew the proposal SR–NYSE–2014– 

59. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Brent J. Fields, 

Secretary. 

[FR Doc. 2015–08107 Filed 4–8–15; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of China Education 

International, Inc., Delta Entertainment 

Group Inc., and Gulf United Energy, 

Inc.; Order of Suspension of Trading 

April 7, 2015. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of China 

Education International, Inc. because it 

has not filed any periodic reports since 

the period ended September 30, 2012. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Delta 

Entertainment Group Inc. because it has 

not filed any periodic reports since the 

period ended September 30, 2012. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Gulf United 

Energy, Inc. because it has not filed any 

periodic reports since the period ended 

September 30, 2012. 

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 April 7, 

2015, through 11:59 p.m. EDT on April 

20, 2015. 

By the Commission. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 2015–08259 Filed 4–7–15; 4:15 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–74645; File No. SR–BYX– 

2015–20] 

Self-Regulatory Organizations; BATS 

Y-Exchange, Inc.; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change To Amend Rule 4.3, 

Record of Written Complaints 

April 3, 2015. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on March 26, 

2015, BATS Y-Exchange, Inc. (the 

‘‘Exchange’’ or ‘‘BYX’’) 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 the Exchange. The Exchange has 

designated this proposal as a ‘‘noncontroversial’’ proposed rule change 

pursuant to Section 19(b)(3)(A) of the 

Act 3 and Rule 19b–4(f)(6)(iii) 

thereunder,4 which renders it effective 

upon filing with the Commission. 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 4.3, Record of Written Complaints. 

The text of the proposed rule change is 

below. Proposed new language is in 

italics; proposed deletions are in 

brackets. 

* * * * * 

Rule 4.3. Record of Written Complaints 

(a) Each Member shall keep and 

preserve for a period of not less than 

[five]four years a file of all written 

complaints of customers and action 

taken by the Member in respect thereof, 

if any. Further, for the first two years of 

the [five]four-year period, the Member 

shall keep such file in a place readily 

accessible to examination or spot 

checks. 

(b) (No change). 

* * * * * 

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 II.A., II.B., and II.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 filed a proposal to 

amend Rule 4.3, Record of Written 

Complaints, to conform with the rules of 

the Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) for purposes 

of an agreement between the Exchange 

and FINRA, as well as to conform 

Exchange Rule 4.3 with the rules of the 

EDGX Exchange, Inc. (‘‘EDGX’’) and the 

EDGA Exchange, Inc. (‘‘EDGA’’).5

Pursuant to Rule 17d–2 under the 

Act,6 the Exchange and FINRA entered 

into an agreement to allocate regulatory 

responsibility for common rules (the 

‘‘17d–2 Agreement’’). The 17d–2 

Agreement covers common members of 

the Exchange and FINRA and allocates 

to FINRA regulatory responsibility, with 

respect to common members, for the 

following: (i) examination of common 

members of the Exchange and FINRA 

for compliance with federal securities 

laws, rules and regulations and rules of 

the Exchange that the Exchange has 

certified as identical or substantially 

similar to FINRA rules; (ii) investigation 

of common members of the Exchange 

and FINRA for violations of federal 

securities laws, rules or regulations, or 

Exchange rules that the Exchange has 

certified as identical or substantially 

identical to a FINRA rule; and (iii) 

enforcement of compliance by common 


Rmajette on DSK2VPTVN1PROD with NOTICES
19098 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices 

7See Securities and Exchange Release No. 58375 

(August 13, 2008), 75 FR 51295 (August 19, 2008) 

(approving File No. 10–198). 

8See also Securities Exchange Act Release No. 

63784 (January 27, 2011), 76 FR 5850 (February 2, 

2011) (Order Approving Proposed Rule Change); 

(File No. SR–FINRA–2010–052). 

9Exchange Rule 4.3(b) defines a ‘‘complaint’’ as 

‘‘any written statement of a customer or any person 

acting on behalf of a customer alleging a grievance 

involving the activities of a Member or persons 

under the control of the Member in connection with 

(1) the solicitation or execution of any transaction 

conducted or contemplated to be conducted 

through the facilities of the Exchange or (2) the 

disposition of securities or funds of that customer 

which activities are related to such a transaction.’’ 

10See 15 U.S.C. 78f(b). 

11 15 U.S.C. 78f(b)(5). 

12 15 U.S.C. 78f(b)(5). 

13See 15 U.S.C. 78s(b)(3)(a)(ii). 

14See 17 CFR 240.19b–4(f)(6). In addition, Rule 

19b–4(f)(6) requires a self-regulatory organization to 

give the Commission written notice of its intent to 

file the proposed rule change at least five business 

days prior to the date of filing of the proposed rule 

change, or such shorter time as designated by the 

Commission. The Exchange has satisfied this 

requirement. 

members of the Exchange and FINRA 

with the federal securities laws, rules 

and regulations, and the rules of the 

Exchange that the Exchange has 

certified as identical or substantially 

similar to FINRA rules.7

The 17d–2 Agreement included a 

certification by the Exchange that states 

that the requirements contained in 

certain Exchange rules are identical to, 

or substantially similar to, certain 

FINRA rules that have been identified as 

comparable. To conform to comparable 

FINRA rules for purposes of the 17d–2 

Agreement, the Exchange proposes to 

amend Rule 4.3, Record of Written 

Complaints, to align with FINRA Rule 

4513.8

Exchange Rule 4.3 currently requires 

that members of the Exchange 

(‘‘Members’’) keep and preserve written 

customer complaints 9 for a period of 

not less than five years, the first two of 

which must be in a readily accessible 

place. To take into account FINRA’s 

four-year routine examination cycle for 

certain members, FINRA Rule 4513 

requires that members preserve the 

customer complaint records for a period 

of at least four years. Under the 17d–2 

Agreement, FINRA examines common 

members of the Exchange and FINRA 

for compliance with Exchange Rule 4.3. 

However, because of the differing 

retention periods between Exchange 

Rule 4.3 and FINRA Rule 4513, the 17d– 

2 Agreement specifically states that 

FINRA has the regulatory 

responsibilities for the first four years of 

Exchange Rule 4.3’s five year record 

retention requirement. 

The Exchange, therefore, proposes to 

decrease the record retention 

requirements under Rule 4.3 from five 

to four years. The Exchange believes 

that amending the record retention 

requirements for customer complaints to 

align with FINRA Rule 4513 would help 

to avoid confusion among Members that 

are also members of FINRA, EDGA, or 

EDGX. The Exchange further believes 

that aligning the Exchange’s rules with 

FINRA Rule 4513 would account for 

FINRA’s four-year routine examination 

cycle for certain members, which 

FINRA conducts on the Exchange’s 

behalf under the 17d–2 Agreement 

ensuring consistent regulation of 

Members that are also members of 

FINRA. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act 10 in general, and 

furthers the objectives of Section 6(b)(5) 

of the Act 11 in particular, in that it is 

designed to promote just and equitable 

principles of trade, to remove 

impediments to, and perfect the 

mechanism of, a free and open market 

and a national market system, and, in 

general, to protect investors and the 

public interest, by eliminating 

unnecessary confusion with respect to 

the Exchange’s rules. The proposed rule 

change should provide greater 

harmonization between similar 

Exchange, EDGA, EDGX and FINRA 

rules, resulting in greater uniformity 

and less burdensome and more efficient 

regulatory compliance. The proposed 

rule change should foster cooperation 

and coordination with persons engaged 

in facilitating transactions in securities 

and should remove impediments to and 

perfect the mechanism of a free and 

open market and a national market 

system consistent with the requirements 

of Section 6(b)(5) of the Act.12

(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 because the 

proposed change would apply to all 

Members equally. 

(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)(ii) of the Act 13 and 

subparagraph (f)(6) of Rule 19b–4 

thereunder.14

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is: (i) Necessary or appropriate in 

the public interest; (ii) for the protection 

of investors; or (iii) otherwise in 

furtherance of the purposes of the Act. 

If the Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

should be approved or disapproved. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File No. SR– 

BYX–2015–20 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 No. 

SR–BYX–2015–20. 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 (http://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 


Rmajette on DSK2VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices 19099 

15See 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4For a description of market sessions and hours 

on the Exchange, see Rule 4120(b)(4). DOT, DOTI, 

and LIST orders are defined below. 

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 

No. SR–BYX–2015–20 and should be 

submitted on or before April 30, 2015. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Brent J. Fields, 

Secretary. 

[FR Doc. 2015–08110 Filed 4–8–15; 08:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of AuraSound, Inc., C2C 

CrowdFunding, Inc., Convenience TV 

Inc., Global Security Agency Inc., and 

NewMarket Technology, Inc., Order of 

Suspension of Trading 

April 7, 2015. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of AuraSound, 

Inc. because it has not filed any periodic 

reports since the period ended 

December 31, 2011. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of C2C 

CrowdFunding, Inc. because it has not 

filed any periodic reports since the 

period ended September 30, 2012. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of 

Convenience TV Inc. because it has not 

filed any periodic reports since the 

period ended September 30, 2012. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Global 

Security Agency Inc. because it has not 

filed any periodic reports since the 

period ended September 30, 2012. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of NewMarket 

Technology, Inc. because it has not filed 

any periodic reports since the period 

ended June 30, 2011. 

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 April 7, 

2015, through 11:59 p.m. EDT on April 

20, 2015. 

By the Commission. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 2015–08261 Filed 4–7–15; 4:15 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–74644; File No. SR– 

NASDAQ–2015–031] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Regarding Rule 

4758 

April 3, 2015. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on March 

30, 2015, The NASDAQ Stock Market 

LLC (‘‘NASDAQ’’ or ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been 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 4758 (Order Routing) to (a) explain 

the treatment of a DOT or DOTI order 

designated to participate in the closing 

only; (b) explain the treatment of a LIST 

order designated to participate in the 

closing only; and (c) explain the 

treatment of a LIST order in the afterhours market.4 The Exchange also 

proposes to make technical changes to 

further explain the language of the rule. 

The text of the proposed rule change 

is available at http://

nasdaq.cchwallstreet.com/, at the 

Exchange’s principal office, 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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of this proposed rule 

change is to amend subsection (a)(1)(A) 

of Rule 4758 to: (a) Explain the 

treatment of a DOT or DOTI order 

designated to participate in the closing 

only; (b) explain the treatment of a LIST 

order designated to participate in the 

closing only; and (c) explain the 

treatment of a LIST order in the afterhours market. The Exchange also 

proposes to make technical changes to 

further explain the language of the rule. 

NASDAQ offers its members optional 

routing functionality that allows them to 

use NASDAQ’s facilities to access 

liquidity available on other trading 

venues. The functionality includes a 

range of defined routing algorithms— 

known as strategies—that determine the 

destinations and pattern of routing. The 

particular pattern of routing to other 

venues associated with a particular 

strategy is referred to in Rule 4758 as 

the ‘‘System routing table.’’ All routing 

is designed to be conducted in a manner 

consistent with the requirements of 

Regulation NMS. 

NASDAQ currently offers a set of 

strategies designed to allow market 

participants to route orders to the 

primary market on which a security is 

listed. NASDAQ is proposing minor 


Rmajette on DSK2VPTVN1PROD with NOTICES