81_FR_14205 81 FR 14154 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Withdrawal of a Proposed Rule Change To List and Trade Shares of the Global Currency Gold Fund Under NYSE Arca Equities Rule 8.201

81 FR 14154 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Withdrawal of a Proposed Rule Change To List and Trade Shares of the Global Currency Gold Fund Under NYSE Arca Equities Rule 8.201

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range14154-14155
FR Document2016-05851

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14154-14155]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05851]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77337; SR-NYSEArca-2015-76]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of 
Withdrawal of a Proposed Rule Change To List and Trade Shares of the 
Global Currency Gold Fund Under NYSE Arca Equities Rule 8.201

March 10, 2016.
    On August 28, 2015, NYSE Arca, Inc. (``Exchange'') filed with the 
Securities and Exchange Commission (``Commission''), pursuant to 
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ 
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade 
shares of the Global Currency Gold Fund under NYSE Arca Equities Rule 
8.201. The proposed rule change was published for comment in the 
Federal Register on September 16, 2015.\3\ On September 29, 2015, the 
Exchange submitted Amendment No. 1 to the proposed rule change.\4\ On 
October 28, 2015, pursuant to Section 19(b)(2) of the Act,\5\ the 
Commission designated a longer period within which

[[Page 14155]]

to either approve the proposed rule change, disapprove the proposed 
rule change, or institute proceedings to determine whether to 
disapprove the proposed rule change.\6\ On December 11, 2015, the 
Commission instituted proceedings under Section 19(b)(2)(B) of the Act 
\7\ to determine whether to approve or disapprove the proposed rule 
change, as modified by Amendment No. 1.\8\ The Commission has not 
received any comments on the proposal, as modified by Amendment No. 1.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 75900 (Sep. 11, 
2015), 80 FR 55674.
    \4\ In Amendment No. 1, the Exchange: (1) Identified weightings 
of each currency referenced in the Index; (2) supplemented its 
description of the method of calculation for the Spot Rate; (3) 
clarified when the Fund may suspend the right of redemption or 
postpone the redemption settlement date. Amendment No. 1 is 
available at: http://www.sec.gov/rules/sro/nysearca/2015/34-75900-amendment1.pdf.
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ See Securities Exchange Act Release No. 76291, 80 FR 67827 
(Nov. 3, 2015). The Commission determined that it was appropriate to 
designate a longer period within which to take action on the 
proposed rule change so that it had sufficient time to consider the 
proposed rule change. Accordingly, the Commission designated 
December 15, 2015 as the date by which it should approve, 
disapprove, or institute proceedings to determine whether to 
disapprove the proposed rule change.
    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ See Securities Exchange Act Release No. 76630, 80 FR 78791 
(Dec. 17, 2015).
---------------------------------------------------------------------------

    On March 7, 2016, the Exchange withdrew the proposed rule change 
(SR-NYSEArca-2015-76).
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-05851 Filed 3-15-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  14154                       Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices

                                                  Schedule of Fees described in this                      Section 19(b)(3)(A)(ii) of the Act 14 and             filing also will be available for
                                                  proposed rule change.                                   Rule 19b–4(f)(2) thereunder 15 because it             inspection and copying at the principal
                                                                                                          constitutes a change in fees imposed by               office of OCC and on OCC’s Web site at
                                                  2. Statutory Basis
                                                                                                          OCC on its clearing members and other                 http://www.theocc.com/components/
                                                     OCC believes that the proposed rule                  market participants using OCC’s                       docs/legal/rules_and_bylaws/sr_occ_16_
                                                  change is consistent with Section                       services. At any time within 60 days of               005.pdf.
                                                  17A(b)(3)(D) 11 of the Act, because it                  the filing of the proposed rule change,                  All comments received will be posted
                                                  provides for the equitable allocation of                the Commission summarily may                          without change; the Commission does
                                                  reasonable dues, fees and charges                       temporarily suspend such rule change if               not edit personal identifying
                                                  among its participants in that all                      it appears to the Commission that such                information from submissions. You
                                                  clearing members would be charged the                   action is necessary or appropriate in the             should submit only information that
                                                  same per contract clearing fee per trade                public interest, for the protection of                you wish to make available publicly. All
                                                  (subject to a fixed dollar cap)                         investors, or otherwise in furtherance of             submissions should refer to File
                                                  notwithstanding the size of such trade.                 the purposes of the Act.                              Number SR–OCC–2016–005 and should
                                                  OCC believes that charging clearing                                                                           be submitted on or before April 6, 2016.
                                                                                                          IV. Solicitation of Comments
                                                  members a flat trade fee subject to a                                                                           For the Commission, by the Division of
                                                  fixed dollar cap more equitably allocates                 Interested persons are invited to                   Trading and Markets, pursuant to delegated
                                                  the cost of providing clearance and                     submit written data, views, and                       authority.16
                                                  settlement services for a given trade.                  arguments concerning the foregoing,                   Robert W. Errett,
                                                  The proposed rule change is not                         including whether the proposed rule                   Deputy Secretary.
                                                  inconsistent with the existing rules of                 change is consistent with the Act.                    [FR Doc. 2016–05850 Filed 3–15–16; 8:45 am]
                                                  OCC including any other rules proposed                  Comments may be submitted by any of                   BILLING CODE 8011–01–P
                                                  to be amended.                                          the following methods:
                                                  (B) Clearing Agency’s Statement on                      Electronic Comments
                                                                                                                                                                SECURITIES AND EXCHANGE
                                                  Burden on Competition                                     • Use the Commission’s Internet                     COMMISSION
                                                    OCC does not believe that the                         comment form (http://www.sec.gov/
                                                                                                          rules/sro.shtml); or                                  [Release No. 34–77337; SR–NYSEArca–
                                                  proposed rule change would have any                                                                           2015–76]
                                                  impact or impose a burden on                              • Send an email to rule-comments@
                                                  competition.12 Although this proposed                   sec.gov. Please include File Number SR–               Self-Regulatory Organizations; NYSE
                                                  rule change affects clearing members,                   OCC–2016–005 on the subject line.                     Arca, Inc.; Notice of Withdrawal of a
                                                  their customers and the markets that                    Paper Comments                                        Proposed Rule Change To List and
                                                  OCC serves, OCC believes that the                         • Send paper comments in triplicate
                                                                                                                                                                Trade Shares of the Global Currency
                                                  proposed rule change would not                                                                                Gold Fund Under NYSE Arca Equities
                                                                                                          to Brent J. Fields, Secretary, Securities
                                                  disadvantage or favor any particular                                                                          Rule 8.201
                                                                                                          and Exchange Commission, 100 F Street
                                                  user of OCC’s services in relationship to               NE., Washington, DC 20549–1090.                       March 10, 2016.
                                                  another user because clearing fees apply
                                                  equally to all users of OCC. Moreover,                  All submissions should refer to File                     On August 28, 2015, NYSE Arca, Inc.
                                                  the proposed changes to the structure of                Number SR–OCC–2016–005. This file                     (‘‘Exchange’’) filed with the Securities
                                                                                                          number should be included on the                      and Exchange Commission
                                                  OCC’s Schedule of Fees are revenue
                                                                                                          subject line if email is used. To help the            (‘‘Commission’’), pursuant to Section
                                                  neutral and would not affect one set of
                                                                                                          Commission process and review your                    19(b)(1) of the Securities Exchange Act
                                                  users of OCC’s services in favor of
                                                                                                          comments more efficiently, please use                 of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                  another. For the foregoing reasons, OCC
                                                                                                          only one method. The Commission will                  thereunder,2 a proposed rule change to
                                                  does not believe that the proposed rule
                                                                                                          post all comments on the Commission’s                 list and trade shares of the Global
                                                  change would have any impact or
                                                                                                          Internet Web site (http://www.sec.gov/                Currency Gold Fund under NYSE Arca
                                                  impose a burden on competition.
                                                                                                          rules/sro.shtml). Copies of the                       Equities Rule 8.201. The proposed rule
                                                  (C) Clearing Agency’s Statement on                      submission, all subsequent                            change was published for comment in
                                                  Comments on the Proposed Rule                           amendments, all written statements                    the Federal Register on September 16,
                                                  Change Received From Members,                           with respect to the proposed rule                     2015.3 On September 29, 2015, the
                                                  Participants or Others                                  change that are filed with the                        Exchange submitted Amendment No. 1
                                                                                                          Commission, and all written                           to the proposed rule change.4 On
                                                    Written comments on the proposed
                                                                                                          communications relating to the                        October 28, 2015, pursuant to Section
                                                  rule change were not and are not
                                                                                                          proposed rule change between the                      19(b)(2) of the Act,5 the Commission
                                                  intended to be solicited with respect to
                                                                                                          Commission and any person, other than                 designated a longer period within which
                                                  the proposed rule change and none have
                                                  been received.                                          those that may be withheld from the
                                                                                                                                                                  16 17 CFR 200.30–3(a)(12).
                                                                                                          public in accordance with the
                                                                                                                                                                  1 15 U.S.C. 78s(b)(1).
                                                  III. Date of Effectiveness of the                       provisions of 5 U.S.C. 552, will be
                                                                                                                                                                  2 17 CFR 240.19b–4.
                                                  Proposed Rule Change and Timing for                     available for Web site viewing and                      3 See Securities Exchange Act Release No. 75900
                                                  Commission Action                                       printing in the Commission’s Public                   (Sep. 11, 2015), 80 FR 55674.
                                                                                                          Reference Room, 100 F Street NE.,                       4 In Amendment No. 1, the Exchange: (1)
                                                     The foregoing rule change has become
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                                                                                                          Washington, DC 20549, on official                     Identified weightings of each currency referenced in
                                                  effective upon filing 13 pursuant to                                                                          the Index; (2) supplemented its description of the
                                                                                                          business days between the hours of
                                                                                                                                                                method of calculation for the Spot Rate; (3) clarified
                                                    11 15U.S.C. 78q–1(b)(3)(D).                           10:00 a.m. and 3:00 p.m. Copies of such               when the Fund may suspend the right of
                                                    12 15U.S.C. 78q–1(b)(3)(I).                                                                                 redemption or postpone the redemption settlement
                                                    13 Notwithstanding the immediate effectiveness of     contingent on it being deemed certified under CFTC    date. Amendment No. 1 is available at: http://
                                                  the proposed rule change and OCC’s anticipated          Regulation § 40.6.                                    www.sec.gov/rules/sro/nysearca/2015/34-75900-
                                                                                                            14 15 U.S.C. 78s(b)(3)(A)(ii).                      amendment1.pdf.
                                                  implementation date of May 2, 2016,
                                                  implementation of this rule change is also                15 17 CFR 240.19b–4(f)(2).                            5 15 U.S.C. 78s(b)(2).




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                                                                               Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices                                                       14155

                                                  to either approve the proposed rule                      solicit comments on the proposed rule                  BX Options Market Makers,7 Non-
                                                  change, disapprove the proposed rule                     change from interested persons.                        Customers,8 and Firms.9
                                                  change, or institute proceedings to                                                                               Currently, Chapter XV, Section 2,
                                                                                                           I. Self-Regulatory Organization’s                      subsection (1), contains a SPY 10
                                                  determine whether to disapprove the
                                                                                                           Statement of the Terms of Substance of                 Options Tier Schedule (‘‘SPY
                                                  proposed rule change.6 On December
                                                                                                           the Proposed Rule Change                               Schedule’’) that has four tiers. The
                                                  11, 2015, the Commission instituted
                                                  proceedings under Section 19(b)(2)(B) of                    The Exchange proposes to amend its                  Exchange proposes to convert the SPY
                                                  the Act 7 to determine whether to                        Options Pricing at Chapter XV Section                  Schedule into the Select Symbols
                                                  approve or disapprove the proposed                       2, entitled ‘‘BX Options Market—Fees                   Options Tier Schedule, as discussed in
                                                  rule change, as modified by Amendment                    and Rebates,’’ which governs pricing for               detail below.
                                                  No. 1.8 The Commission has not                           BX members using the BX Options
                                                                                                                                                                  Change 1—Penny Pilot Options: Modify
                                                  received any comments on the proposal,                   Market (‘‘BX Options’’). The Exchange                  Fees and Rebates To Add the Select
                                                  as modified by Amendment No. 1.                          proposes to modify certain fees and                    Symbols Options Tier Schedule
                                                    On March 7, 2016, the Exchange                         rebates (per executed contract) to adopt
                                                  withdrew the proposed rule change                        the Select Symbol Options Tier                            In Change 1, the Exchange proposes
                                                  (SR–NYSEArca–2015–76).                                   Schedule for certain Penny Pilot 4                     modifications to convert its current SPY
                                                                                                           Options (each a ‘‘Select Symbol’’ and                  Schedule to the Select Symbols Options
                                                    For the Commission, by the Division of
                                                  Trading and Markets, pursuant to delegated               together the ‘‘Select Symbols’’).                      Tier Schedule. The proposed change
                                                  authority.9                                                 The text of the proposed rule change                keeps the great majority of the current
                                                  Robert W. Errett,                                        is available on the Exchange’s Web site                SPY Schedule fees and rebates
                                                  Deputy Secretary.                                        at http://nasdaqomxbx.cchwall                          assessments (twelve out of sixteen) and
                                                                                                           street.com/, at the principal office of the            tiers (three out of four) exactly the same
                                                  [FR Doc. 2016–05851 Filed 3–15–16; 8:45 am]
                                                                                                           Exchange, and at the Commission’s                      in the new Select Symbols Options Tier
                                                  BILLING CODE 8011–01–P
                                                                                                           Public Reference Room.                                 Schedule; and updates the fees and
                                                                                                                                                                  rebates schedule to indicate ‘‘Select
                                                                                                           II. Self-Regulatory Organization’s                     Symbols’’ rather than ‘‘SPY.’’
                                                  SECURITIES AND EXCHANGE                                  Statement of the Purpose of, and                          Specifically, the Exchange proposes,
                                                  COMMISSION                                               Statutory Basis for, the Proposed Rule                 commensurate with renaming the SPY
                                                  [Release No. 34–77339; File No. SR–BX–                   Change                                                 Options Tier Schedule the Select
                                                  2016–016]                                                                                                       Symbols Options Tier Schedule, to set
                                                                                                             In its filing with the Commission, the
                                                                                                           Exchange included statements                           forth the BX Options Select Symbol List.
                                                  Self-Regulatory Organizations;                                                                                  The Select Symbols 11 on this list
                                                  NASDAQ BX, Inc.; Notice of Filing and                    concerning the purpose of and basis for
                                                                                                           the proposed rule change and discussed                 represent, similarly to SPY, some of the
                                                  Immediate Effectiveness of Proposed                                                                             highest volume Penny Pilot Options
                                                  Rule Change Regarding Fees and                           any comments it received on the
                                                                                                           proposed rule change. The text of these                traded on the Exchange and in the U.S.
                                                  Rebates To Adopt the Select Symbols                                                                             The proposed Select Symbols are
                                                  Options Tier Schedule                                    statements may be examined at the
                                                                                                           places specified in Item IV below. The                 similar to those of other options
                                                  March 10, 2016.                                          Exchange has prepared summaries, set                   exchanges (e.g., the MIAX Options
                                                     Pursuant to Section 19(b)(1) of the                   forth in sections A, B, and C below, of                Exchange (‘‘MIAX’’).12 Like the SPY
                                                  Securities Exchange Act of 1934                          the most significant aspects of such
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                  statements.                                            ‘‘Professional’’ (as that term is defined in Chapter
                                                                                                                                                                  I, Section 1(a)(48)). BX Chapter XV.
                                                  notice is hereby given that on March 1,
                                                  2016, NASDAQ BX, Inc. (‘‘BX’’ or                         A. Self-Regulatory Organization’s                         7 BX Options Market Makers may also be referred

                                                                                                           Statement of the Purpose of, and                       to as ‘‘Market Makers’’. The term ‘‘BX Options
                                                  ‘‘Exchange’’) 3 filed with the Securities                                                                       Market Maker’’ or (‘‘M’’) means a Participant that
                                                  and Exchange Commission (‘‘SEC’’ or                      Statutory Basis for, the Proposed Rule                 has registered as a Market Maker on BX Options
                                                  ‘‘Commission’’) the proposed rule                        Change                                                 pursuant to Chapter VII, Section 2, and must also
                                                                                                                                                                  remain in good standing pursuant to Chapter VII,
                                                  change as described in Items I, II, and                  1. Purpose                                             Section 4. In order to receive Market Maker pricing
                                                  III, below, which Items have been                          The Exchange proposes to amend its                   in all securities, the Participant must be registered
                                                  prepared by the Exchange. The                                                                                   as a BX Options Market Maker in at least one
                                                                                                           Chapter XV, Section 2, to modify certain               security. BX Chapter XV.
                                                  Commission is publishing this notice to                  fees and rebates 5 to adopt the Select                    8 Note 1 to Chapter XV, Section 2, states: ‘‘1 A


                                                     6 See Securities Exchange Act Release No. 76291,
                                                                                                           Symbol Options Tier Schedule for                       Non-Customer includes a Professional, Broker-
                                                                                                           certain Penny Pilot Options. The                       Dealer and Non-BX Options Market Maker.’’
                                                  80 FR 67827 (Nov. 3, 2015). The Commission                                                                         9 The term ‘‘Firm’’ or (‘‘F’’) applies to any
                                                  determined that it was appropriate to designate a        proposed Select Symbol Options Tier                    transaction that is identified by a Participant for
                                                  longer period within which to take action on the         Schedule would apply to Customers,6                    clearing in the Firm range at OCC. BX Chapter XV.
                                                  proposed rule change so that it had sufficient time                                                                10 ‘‘SPY’’ or Standard and Poor’s Depositary
                                                  to consider the proposed rule change. Accordingly,          4 The Penny Pilot was established in June 2012      Receipts/SPDRs options are Penny Pilot Options
                                                  the Commission designated December 15, 2015 as
                                                                                                           and extended in 2015. See Securities Exchange Act      that are based on the SPDR exchange-traded fund
                                                  the date by which it should approve, disapprove,
                                                                                                           Release Nos. 67256 (June 26, 2012), 77 FR 39277        (‘‘ETF’’), which is designed to track the
                                                  or institute proceedings to determine whether to
                                                                                                           (July 2, 2012) (SR–BX–2012–030) (order approving       performance of the S&P 500.
                                                  disapprove the proposed rule change.
                                                     7 15 U.S.C. 78s(b)(2)(B).
                                                                                                           BX option rules and establishing Penny Pilot); and        11 The following are Select Symbols: ASHR, DIA,
                                                                                                           75326 (June 29, 2015), 80 FR 38481 (July 6, 2015)      DXJ, EEM, EFA, EWJ, EWT, EWW, EWY, EWZ,
                                                     8 See Securities Exchange Act Release No. 76630,
                                                                                                           (SR–BX–2015–037) (notice of filing and immediate       FAS, FAZ, FXE, FXI, FXP, GDX, GLD, HYG, IWM,
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                                                  80 FR 78791 (Dec. 17, 2015).                             effectiveness extending the Penny Pilot through        IYR, KRE, OIH, QID, QLD, QQQ, RSX, SDS, SKF,
                                                     9 17 CFR 200.30–3(a)(57).
                                                                                                           June 30, 2016).                                        SLV, SPY, SRS, SSO, TBT, TLT, TNA, TZA, UNG,
                                                     1 15 U.S.C. 78s(b)(1).                                   5 Fees and rebates are per executed contract. BX    URE, USO, UUP, UVXY, UYG, VXX, XHB, XLB,
                                                     2 17 CFR 240.19b–4.                                   Chapter XV, Section 2(1).                              XLE, XLF, XLI, XLK, XLP, XLU, XLV, XLY, XME,
                                                     3 The Exchange notes that it has legally changed         6 The term ‘‘Customer’’ or (‘‘C’’) applies to any   XOP, XRT.
                                                  its name to NASDAQ BX, Inc. with the state of            transaction that is identified by a Participant for       12 See MIAX fee schedule at http://

                                                  Delaware and filed Form 1 reflecting the change,         clearing in the Customer range at The Options          www.miaxoptions.com/sites/default/files/fee-
                                                  and is in the process of changing its rules to reflect   Clearing Corporation (‘‘OCC’’) which is not for the    schedules/MIAX_Options_Fee_Schedule_
                                                  the new name.                                            account of broker or dealer or for the account of a    10012015.pdf.



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Document Created: 2016-03-15 23:43:43
Document Modified: 2016-03-15 23:43:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 14154 

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