Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices 18875 

14 15 U.S.C. 78f(b)(8). 

15The Exchange has fulfilled this requirement. 

16 15 U.S.C. 78s(b)(3)(A). 

17 17 CFR 240.19b–4(f)(6). 

18 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b-4. 

reasonable and is designed to remove 

impediments to and perfect the 

mechanism of a free and open market by 

harmonizing the manner by which the 

Exchanges permits member 

organizations to aggregate volume with 

other exchanges. In particular, the 

Exchange notes that NASDAQ, PHLX 

and BX all have the same standard that 

the Exchange is proposing to adopt. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

In accordance with Section 6(b)(8) of 

the Act,14 the Exchange does not believe 

that the proposed rule change will 

impose any burden on intermarket or 

intramarket competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. As stated 

above, the proposed rule change, which 

applies equally to all member 

organizations, is intended to reduce the 

Exchange’s administrative burden in 

applying volume price discounts for 

firms which have requested aggregation 

with that of an affiliate member 

organization, and is substantially 

similar to rules adopted by other 

exchanges. Because the market for order 

execution and routing is extremely 

competitive, member organizations may 

readily opt to disfavor the Exchange if 

they believe that alternatives offer them 

better value. The Exchange does not 

believe the proposed changes will 

impair the ability of member 

organizations or competing order 

execution venues to maintain their 

competitive standing in the financial 

markets. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing rule 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 if consistent 

with the protection of investors and the 

public interest, provided that the selfregulatory organization has given 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,15 the proposed rule 

change has become effective pursuant to 

Section 19(b)(3)(A) of the Act 16 and 

Rule 19b–4(f)(6) thereunder.17

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 (http://www.sec.gov/

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

NYSE–2015–13 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–NYSE–2015–13. 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 

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 will also be available for 

inspection and copying at the NYSE’s 

principal office and on its Internet Web 

site at www.nyse.com. 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–NYSE– 

2015–13 and should be submitted on or 

before April 29, 2015. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.18

Brent J. Fields, 

Secretary. 

[FR Doc. 2015–07968 Filed 4–7–15; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–74631; File No. SR–PHLX– 

2015–31] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change to Move the 

Rule Text of Current Rule 1070, 

Customer Complaints, Into Rule 1028, 

Confirmations, To Accommodate an 

Upcoming Rulebook Reorganization 

April 2, 2015. 

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 March 24, 

2015, NASDAQ OMX 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 move the 

rule text of current Rule 1070, Customer 

Complaints, into Rule 1028, 

Confirmations, to accommodate an 

upcoming rulebook reorganization. No 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
18876 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices 

3The Exchange is redesignating the sentence 

currently found in Rule 1070(a) as Rule 1028(b)(1). 4 15 U.S.C. 78f. 

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

substantive changes are proposed for 

Rule 1070 or Rule 1028. 

The text of the proposed rule change 

is below; proposed new language is 

italicized; proposed deletions are in 

brackets. 

* * * * * 

Rule 1028. Confirmations and 

Complaints 

(a) Every member and member 

organization shall promptly furnish to 

each customer a written confirmation of 

each transaction in option contracts for 

such customer’s account. Each such 

confirmation shall show the type of 

option, the underlying stock, ExchangeTraded Fund Share or foreign currency, 

as the case may be, the expiration 

month, the exercise price, the number of 

option contracts, the premium, 

commissions, the transaction and 

settlement dates, whether the 

transaction was a purchase or a sale 

(writing) transaction, whether the 

transaction was an opening or a closing 

transaction, and whether the transaction 

was effected on a principal or agency 

basis. The confirmation shall by 

appropriate symbols distinguish 

between Exchange options transactions 

and other transactions in option 

contracts though such confirmation 

does not need to specify the exchange 

or exchanges on which such option 

contracts were executed. 

(b) Every member organization 

conducting a customer business shall 

maintain and keep current a separate 

central log, index or other file for all 

options-related complaints, through 

which these complaints can easily be 

identified and retrieved. The central file 

shall be located at the principal place of 

business of the member organization or 

such other principal office as shall be 

designated by the member organization. 

At a minimum, the central file shall 

include: (i) Identification of complaint; 

(ii) date complaint was received; (iii) 

identification of Registered 

Representative servicing the account; 

(iv) a general description of the matter 

complained of, and (v) a record of what 

action, if any, has been taken by the 

member organization with respect to the 

complaint. The term ‘‘options-related 

complaint’’ shall mean any written 

statement by a customer or person 

acting on behalf of a customer alleging 

a grievance arising out of or in 

connection with listed options. Each 

options-related complaint received by a 

branch office of a member organization 

shall be forwarded to the office in which 

the separate, central file is located no 

later than 30 days after receipt by the 

branch office. A copy of every optionsrelated complaint shall be maintained 

at the branch office that is the subject 

of the complaint. 

(1) The provisions of this Rule shall be 

applicable to index warrants. 

* * * * * 

Rule 1070. [Customer Complaints] 

Reserved. 

[Every member organization 

conducting a customer business shall 

maintain and keep current a separate 

central log, index or other file for all 

options-related complaints, through 

which these complaints can easily be 

identified and retrieved. The central file 

shall be located at the principal place of 

business of the member organization or 

such other principal office as shall be 

designated by the member organization. 

At a minimum, the central file shall 

include: (i) Identification of complaint; 

(ii) date complaint was received; (iii) 

identification of Registered 

Representative servicing the account; 

(iv) a general description of the matter 

complained of, and (v) a record of what 

action, if any, has been taken by the 

member organization with respect to the 

complaint. The term ‘‘options-related 

complaint’’ shall mean any written 

statement by a customer or person 

acting on behalf of a customer alleging 

a grievance arising out of or in 

connection with listed options. Each 

options-related complaint received by a 

branch office of a member organization 

shall be forwarded to the office in which 

the separate, central file is located no 

later than 30 days after receipt by the 

branch office. A copy of every optionsrelated complaint shall be maintained at 

the branch office that is the subject of 

the complaint. 

(a) the provisions of this Rule shall be 

applicable to index warrants.] 

* * * * * 

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 this filing is to 

reorganize the rulebook, moving text 

from Rule 1070 to Rule 1028, so that the 

Rule 1070 rule number will be available 

for subsequent rulebook organizational 

changes. This proposed rule change is 

purely administrative. No substantive 

changes are proposed. 

The text of current Rule 1070 will be 

moved to a new section (b) of Rule 1028. 

Existing Rule 1028 text will be 

preserved as new Rule 1028, section (a). 

The text imported from current Rule 

1070 will be set forth in Rule 1028(b). 

The title of current Rule 1028 will be 

changed to read ‘‘Confirmations and 

Complaints’’ and Rule 1070 will be 

shown as ‘‘[Reserved]’’.3

2. Statutory Basis 

Phlx believes that the proposed rule 

change is consistent with the provisions 

of Section 6 of the Act,4 in general, and 

with Section 6(b)(5) of the Act 5 in 

particular, in that the proposal 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. 

The proposal is designed simply to 

rearrange rulebook language in order to 

lay the groundwork for subsequent, 

more comprehensive organizational 

changes. No substantive changes are 

proposed to be made at this time. 

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. The 

Exchange’s proposal to renumber the 

rule will simply help to streamline the 

rulebook by accommodating a larger 

reorganization and will therefore result 

in administrative efficiencies for the 

Exchange. No substantive changes are 

being proposed. 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices 18877 

6 15 U.S.C. 78s(b)(3)(a)(ii). [sic] 

7 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. 8 17 CFR 200.30–3(a)(12). 

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) [sic] of the Act 6 and 

subparagraph (f)(6) of Rule 19b–4 

thereunder.7

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 Number SR– 

PHLX–2015–31 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–PHLX–2015–31. 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 

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 

offices 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–PHLX– 

2015–31, and should be submitted on or 

before April 29, 2015. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Brent J. Fields, 

Secretary. 

[FR Doc. 2015–07959 Filed 4–7–15; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

31545; 812–14423] 

Amplify Investments LLC and Amplify 

ETF Trust; Notice of Application 

April 1, 2015. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of an application for an 

order under section 6(c) of the 

Investment Company Act of 1940 

(‘‘Act’’) for an exemption from sections 

2(a)(32), 5(a)(1), 22(d) and 22(e) of the 

Act and rule 22c–1 under the Act, under 

sections 6(c) and 17(b) of the Act for an 

exemption from sections 17(a)(1) and 

(a)(2) of the Act. 

Applicants: Amplify Investments LLC 

(‘‘Amplify Investments’’) and Amplify 

ETF Trust (the ‘‘Trust’’). 

SUMMARY: Summary of Application: 

Applicants request an order that 

permits: (a) Series of certain open-end 

management investment companies to 

issue shares (‘‘Shares’’) redeemable in 

large aggregations only (‘‘Creation 

Units’’); (b) secondary market 

transactions in Shares to occur at 

negotiated market prices; (c) certain 

series to pay redemption proceeds, 

under certain circumstances, more than 

seven days from the tender of Shares for 

redemption; and (d) certain affiliated 

persons of the series to deposit 

securities into, and receive securities 

from, the series in connection with the 

purchase and redemption of Creation 

Units. 

DATES: Filing Dates: The application was 

filed on February 20, 2015. 

Hearing or Notification of Hearing: An 

order granting the requested relief will 

be issued unless the Commission orders 

a hearing. Interested persons may 

request a hearing by writing to the 

Commission’s Secretary and serving 

applicants with a copy of the request, 

personally or by mail. Hearing requests 

should be received by the Commission 

by 5:30 p.m. on April 27, 2015, and 

should be accompanied by proof of 

service on applicants, in the form of an 

affidavit or, for lawyers, a certificate of 

service. Pursuant to rule 0–5 under the 

Act, hearing requests should state the 

nature of the writer’s interest, any facts 

bearing upon the desirability of a 

hearing on the matter, the reason for the 

request, and the issues contested. 

Persons who wish to be notified of a 

hearing may request notification by 

writing to the Commission’s Secretary. 

ADDRESSES: Brent J. Fields, Secretary, 

U.S. Securities and Exchange 

Commission, 100 F Street NE., 

Washington, DC 20549–1090. 

Applicants, 3250 Lacey Road, Suite 130, 

Downers Grove, IL 60515. 

FOR FURTHER INFORMATION CONTACT: 

Kaitlin C. Bottock, Attorney Adviser, at 

(202) 551–8658, or Daniele Marchesani, 

Branch Chief, at (202) 551–6821 

(Division of Investment Management, 

Chief Counsel’s Office). 

SUPPLEMENTARY INFORMATION: The 

following is a summary of the 

application. The complete application 

may be obtained via the Commission’s 

Web site by searching for the file 

number, or for an applicant using the 

Company name box, at http://

www.sec.gov/search/search.htm or by 

calling (202) 551–8090. 


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