81_FR_15195 81 FR 15141 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Equities Rule 7.33 To Conform the Exchange's Rules to Industry-Wide Standards for Recording the Capacity in Which an ETP Holder Executes a Transaction

81 FR 15141 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Equities Rule 7.33 To Conform the Exchange's Rules to Industry-Wide Standards for Recording the Capacity in Which an ETP Holder Executes a Transaction

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 54 (March 21, 2016)

Page Range15141-15143
FR Document2016-06239

Federal Register, Volume 81 Issue 54 (Monday, March 21, 2016)
[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Notices]
[Pages 15141-15143]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06239]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77374; File No. SR-NYSEARCA-2016-42]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca 
Equities Rule 7.33 To Conform the Exchange's Rules to Industry-Wide 
Standards for Recording the Capacity in Which an ETP Holder Executes a 
Transaction

March 15, 2016.
    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 4, 2016, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE 
Arca'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II

[[Page 15142]]

below, which Items have been prepared by the self-regulatory 
organization. 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\ 15 U.S.C. 78a.
    \3\ 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 NYSE Arca Equities Rule 7.33 to 
conform the Exchange's rules to industry-wide standards for recording 
the capacity in which an ETP Holders [sic] executes a transaction. The 
proposed rule change is available on the Exchange's Web site at 
www.nyse.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 self-regulatory organization 
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 those 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 parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NYSE Arca Equities Rule 7.33 (``Rule 7.33'') currently provides 
that ETP Holders may enter proprietary orders and agency orders for the 
account of a customer into the NYSE Arca Marketplace \4\ and that 
proprietary orders are subject to the same display and execution 
processes as agency orders. Rule 7.33 further provides that an ETP 
Holder entering a proprietary order shall mark the order with the 
appropriate designator to identify the order as proprietary.
---------------------------------------------------------------------------

    \4\ The term ``NYSE Arca Marketplace'' is defined in NYSE Arca 
Equities Rule 1.1.
---------------------------------------------------------------------------

    As proposed, Rule 7.33 would be amended to add a clause specifying 
that ETP Holders must input accurate information into the NYSE Arca 
Marketplace, including, but not limited to, identifying the capacity in 
which the ETP Holder entered each order, as follows: principal, agency, 
or riskless principal.\5\ The Exchange would delete the current clause 
relating to the entry of proprietary orders and agency orders for the 
account of a customer and the clause providing that ETP Holders 
entering proprietary orders mark the order with the appropriate 
designator to identify the order as proprietary as redundant. The 
Exchange proposes to retain the clause providing that proprietary 
orders would be subject to the same display and execution processes as 
agency orders.
---------------------------------------------------------------------------

    \5\ In general, the term ``capacity'' refers to whether a 
broker-dealer acts as agent, i.e., directly on behalf of a customer, 
or whether the broker-dealer acts as principal, i.e., for its own 
account, in a transaction. A riskless principal transaction is one 
where a broker-dealer receives a customer order and then immediately 
executes an identical order in the marketplace, while taking on the 
role of principal, in order to fill the customer order pursuant to 
NYSE Arca Equities Rule 5320.
---------------------------------------------------------------------------

    By requiring ETP Holders to identify the capacity in which they 
enter an order, the Exchange would be harmonizing its order entry 
requirements with those of other national securities exchanges.\6\ The 
proposed changes would not alter an ETP Holder's obligation to meet 
order audit trail system requirements, as set forth in the Rule 7400 
Series (Order Audit Trail System).
---------------------------------------------------------------------------

    \6\ See, e.g., BATS Exchange, Inc. (``BATS'') Rule 11.21; BATS 
Y-Exchange, Inc. (``BATS-Y'') Rule 11.21; EDGA Exchange, Inc. 
(``EDGA'') Rule 11.5; EDGX Exchange, Inc. Rule 11.5; and NASDAQ 
Stock Market LLC (``NASDAQ'') Rule 4611(a)(6). The Exchange's 
affiliates New York Stock Exchange LLC (``NYSE'') and NYSE MKT LL 
[sic] (``NYSE MKT'') impose the same marking requirements on 
clearing member organizations. See NYSE Rule 132.30(9) & NYSE MKT 
Rule 132.30(9).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\7\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\8\ in particular, because it 
is designed to promote just and equitable principles of trade and to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system. The Exchange believes that the 
proposed rule change would remove impediments to and perfect the 
mechanism of a free and open market and national market system because 
it would provide greater harmonization between order entry on the 
Exchange and other marketplaces, resulting in greater uniformity and 
more efficient order entry to enable ETP Holders to use the same order-
marking conventions across all equities markets. As such, the proposed 
rule change would foster cooperation and coordination with persons 
engaged in facilitating transactions in securities and would remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change is 
not intended to address competitive issues, but rather it is designed 
to provide greater harmonization between the Exchange and other markets 
in the marking of orders, resulting in more uniform and efficient order 
entry.

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 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 \9\ and Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and

[[Page 15143]]

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 [email protected]. Please include 
File Number SR-NYSEARCA-2016-42 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-NYSEARCA-2016-42. 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 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-NYSEARCA-2016-42 and should 
be submitted on or before April 11, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-06239 Filed 3-18-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Notices                                                   15141

                                                  would not participate to the extent that                   C. Self-Regulatory Organization’s                     rules/sro.shtml). Copies of the
                                                  they might have otherwise participated.                    Statement on Comments on the                          submission, all subsequent
                                                  The Exchange believes that certain                         Proposed Rule Change Received From                    amendments, all written statements
                                                  systems disruptions could preclude                         Members, Participants, or Others                      with respect to the proposed rule
                                                  some member organizations from                               No written comments were solicited                  change that are filed with the
                                                  submitting orders to the Exchange even                     or received with respect to the proposed              Commission, and all written
                                                  if such issue is not actually a complete                   rule change.                                          communications relating to the
                                                  systems outage.                                                                                                  proposed rule change between the
                                                                                                             III. Date of Effectiveness of the                     Commission and any person, other than
                                                     Finally, the Exchange believes that                     Proposed Rule Change and Timing for                   those that may be withheld from the
                                                  the proposal is equitable and not                          Commission Action                                     public in accordance with the
                                                  unfairly discriminatory because the                                                                              provisions of 5 U.S.C. 552, will be
                                                  methodology for the monthly                                   The foregoing rule change is effective
                                                                                                             upon filing pursuant to Section                       available for Web site viewing and
                                                  calculations would apply equally to all                                                                          printing in the Commission’s Public
                                                                                                             19(b)(3)(A) 15 of the Act and
                                                  member organizations and to all volume                                                                           Reference Room, 100 F Street NE.,
                                                                                                             subparagraph (f)(2) of Rule 19b–4 16
                                                  tiers. The Exchange notes that, although                                                                         Washington, DC 20549 on official
                                                                                                             thereunder, because it establishes a due,
                                                  unlikely, there is some possibility that                                                                         business days between the hours of
                                                                                                             fee, or other charge imposed by the
                                                  a certain small proportion of member                                                                             10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                             Exchange.
                                                  organizations may have a higher ADV as                        At any time within 60 days of the                  filing also will be available for
                                                  a percentage of average daily volume                       filing of such proposed rule change, the              inspection and copying at the principal
                                                  with their activity included from days                     Commission summarily may                              office of the Exchange. All comments
                                                  where the Exchange experiences a                           temporarily suspend such rule change if               received will be posted without change;
                                                  system disruption. The Exchange                            it appears to the Commission that such                the Commission does not edit personal
                                                  believes that the proposal would still be                  action is necessary or appropriate in the             identifying information from
                                                  equitable and not unfairly                                 public interest, for the protection of                submissions. You should submit only
                                                  discriminatory given that the impacted                     investors, or otherwise in furtherance of             information that you wish to make
                                                  universe is potentially quite small and                    the purposes of the Act. If the                       available publicly. All submissions
                                                  that the proposal would benefit the                        Commission takes such action, the                     should refer to File Number SR–
                                                  overwhelming majority of market                            Commission shall institute proceedings                NYSEMKT–2016–33 and should be
                                                  participants and would make the overall                    under Section 19(b)(2)(B) 17 of the Act to            submitted on or before April 11, 2016.
                                                  cost of trading on the Exchange more                       determine whether the proposed rule                     For the Commission, by the Division of
                                                  predictable for the membership as a                        change should be approved or                          Trading and Markets, pursuant to delegated
                                                  whole.                                                     disapproved.                                          authority.18
                                                                                                                                                                   Robert W. Errett,
                                                     For the foregoing reasons, the                          IV. Solicitation of Comments
                                                  Exchange believes that the proposal is                                                                           Deputy Secretary.
                                                                                                               Interested persons are invited to                   [FR Doc. 2016–06229 Filed 3–18–16; 8:45 am]
                                                  consistent with the Act.
                                                                                                             submit written data, views, and                       BILLING CODE 8011–01–P
                                                  B. Self-Regulatory Organization’s                          arguments concerning the foregoing,
                                                  Statement on Burden on Competition                         including whether the proposed rule
                                                                                                             change is consistent with the Act.                    SECURITIES AND EXCHANGE
                                                    In accordance with Section 6(b)(8) of                    Comments may be submitted by any of                   COMMISSION
                                                  the Act,13 the Exchange believes that the                  the following methods:
                                                  proposed rule change would not impose                                                                            [Release No. 34–77374; File No. SR–
                                                  any burden on competition that is not                      Electronic Comments                                   NYSEARCA–2016–42]
                                                  necessary or appropriate in furtherance                      • Use the Commission’s Internet                     Self-Regulatory Organizations; NYSE
                                                  of the purposes of the Act.                                comment form (http://www.sec.gov/                     Arca, Inc.; Notice of Filing and
                                                    The Exchange believes that, with                         rules/sro.shtml); or                                  Immediate Effectiveness of Proposed
                                                                                                               • Send an email to rule-comments@                   Rule Change Amending NYSE Arca
                                                  respect to monthly calculations for
                                                                                                             sec.gov. Please include File Number SR–               Equities Rule 7.33 To Conform the
                                                  rebates, there are very few instances
                                                                                                             NYSEMKT–2016–33 on the subject line.                  Exchange’s Rules to Industry-Wide
                                                  where the exclusion would be invoked,
                                                  and if invoked, would have little or no                    Paper Comments                                        Standards for Recording the Capacity
                                                  impact on trading decisions or                                • Send paper comments in triplicate                in Which an ETP Holder Executes a
                                                  execution quality. On the contrary, the                    to Brent J. Fields, Secretary, Securities             Transaction
                                                  Exchange believes that the proposal                        and Exchange Commission, 100 F Street                 March 15, 2016.
                                                  fosters competition by avoiding a                          NE., Washington, DC 20549–1090.                          Pursuant to Section 19(b)(1) 1 of the
                                                  penalty to member organizations for                        All submissions should refer to File                  Securities Exchange Act of 1934
                                                  days when trading on the Exchange is                       Number SR–NYSEMKT–2016–33. This                       (‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  disrupted for a significant portion of the                 file number should be included on the                 notice is hereby given that, on March 4,
                                                  day and would result in lower total                        subject line if email is used. To help the            2016, NYSE Arca, Inc. (the ‘‘Exchange’’
                                                  costs to end users, a positive outcome of                  Commission process and review your                    or ‘‘NYSE Arca’’) filed with the
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                                                  competitive markets. Further, other                        comments more efficiently, please use                 Securities and Exchange Commission
                                                  options exchanges have adopted rules                       only one method. The Commission will                  (‘‘Commission’’) the proposed rule
                                                  that are substantially similar to the                      post all comments on the Commission’s                 change as described in Items I and II
                                                  change in ADV calculation being                            Internet Web site (http://www.sec.gov/
                                                  proposed by the Exchange.14                                                                                        18 17 CFR 200.30–3(a)(12).
                                                                                                               15 15 U.S.C. 78s(b)(3)(A).                            1 15 U.S.C. 78s(b)(1).
                                                    13 15   U.S.C. 78f(b)(8).                                  16 17 CFR 240.19b–4(f)(2).                            2 15 U.S.C. 78a.
                                                    14 See   note 5, supra.                                    17 15 U.S.C. 78s(b)(2)(B).                            3 17 CFR 240.19b–4.




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                                                  15142                         Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Notices

                                                  below, which Items have been prepared                   principal.5 The Exchange would delete                     facilitating transactions in securities and
                                                  by the self-regulatory organization. The                the current clause relating to the entry                  would remove impediments to and
                                                  Commission is publishing this notice to                 of proprietary orders and agency orders                   perfect the mechanism of a free and
                                                  solicit comments on the proposed rule                   for the account of a customer and the                     open market and a national market
                                                  change from interested persons.                         clause providing that ETP Holders                         system.
                                                                                                          entering proprietary orders mark the
                                                  I. Self-Regulatory Organization’s                                                                                 B. Self-Regulatory Organization’s
                                                                                                          order with the appropriate designator to
                                                  Statement of the Terms of Substance of                                                                            Statement on Burden on Competition
                                                                                                          identify the order as proprietary as
                                                  the Proposed Rule Change                                redundant. The Exchange proposes to                          The Exchange does not believe that
                                                     The Exchange proposes to amend                       retain the clause providing that                          the proposed rule change will impose
                                                  NYSE Arca Equities Rule 7.33 to                         proprietary orders would be subject to                    any burden on competition that is not
                                                                                                          the same display and execution                            necessary or appropriate in furtherance
                                                  conform the Exchange’s rules to
                                                                                                          processes as agency orders.                               of the purposes of the Act. The
                                                  industry-wide standards for recording
                                                                                                            By requiring ETP Holders to identify                    proposed rule change is not intended to
                                                  the capacity in which an ETP Holders
                                                                                                          the capacity in which they enter an                       address competitive issues, but rather it
                                                  [sic] executes a transaction. The
                                                                                                          order, the Exchange would be                              is designed to provide greater
                                                  proposed rule change is available on the
                                                                                                          harmonizing its order entry                               harmonization between the Exchange
                                                  Exchange’s Web site at www.nyse.com,
                                                                                                          requirements with those of other                          and other markets in the marking of
                                                  at the principal office of the Exchange,
                                                                                                          national securities exchanges.6 The                       orders, resulting in more uniform and
                                                  and at the Commission’s Public
                                                                                                          proposed changes would not alter an                       efficient order entry.
                                                  Reference Room.
                                                                                                          ETP Holder’s obligation to meet order                     C. Self-Regulatory Organization’s
                                                  II. Self-Regulatory Organization’s                      audit trail system requirements, as set                   Statement on Comments on the
                                                  Statement of the Purpose of, and                        forth in the Rule 7400 Series (Order                      Proposed Rule Change Received From
                                                  Statutory Basis for, the Proposed Rule                  Audit Trail System).                                      Members, Participants, or Others
                                                  Change
                                                                                                          2. Statutory Basis                                          No written comments were solicited
                                                    In its filing with the Commission, the                   The Exchange believes that the                         or received with respect to the proposed
                                                  self-regulatory organization included                   proposed rule change is consistent with                   rule change.
                                                  statements concerning the purpose of,                   Section 6(b) of the Act,7 in general, and                 III. Date of Effectiveness of the
                                                  and basis for, the proposed rule change                 furthers the objectives of Section 6(b)(5)                Proposed Rule Change and Timing for
                                                  and discussed any comments it received                  of the Act,8 in particular, because it is                 Commission Action
                                                  on the proposed rule change. The text                   designed to promote just and equitable
                                                  of those statements may be examined at                  principles of trade and to remove                            Because the proposed rule change
                                                  the places specified in Item IV below.                  impediments to and perfect the                            does not: (i) Significantly affect the
                                                  The Exchange has prepared summaries,                    mechanism of a free and open market                       protection of investors or the public
                                                  set forth in sections A, B, and C below,                and a national market system. The                         interest; (ii) impose any significant
                                                  of the most significant parts of such                   Exchange believes that the proposed                       burden on competition; and (iii) become
                                                  statements.                                             rule change would remove impediments                      operative for 30 days from the date on
                                                                                                          to and perfect the mechanism of a free                    which it was filed, or such shorter time
                                                  A. Self-Regulatory Organization’s                                                                                 as the Commission may designate, it has
                                                                                                          and open market and national market
                                                  Statement of the Purpose of, and                                                                                  become effective pursuant to Section
                                                                                                          system because it would provide greater
                                                  Statutory Basis for, the Proposed Rule                                                                            19(b)(3)(A) of the Act 9 and Rule 19b–
                                                                                                          harmonization between order entry on
                                                  Change                                                                                                            4(f)(6) thereunder.10
                                                                                                          the Exchange and other marketplaces,
                                                  1. Purpose                                              resulting in greater uniformity and more                     At any time within 60 days of the
                                                                                                          efficient order entry to enable ETP                       filing of the proposed rule change, the
                                                    NYSE Arca Equities Rule 7.33 (‘‘Rule                  Holders to use the same order-marking                     Commission summarily may
                                                  7.33’’) currently provides that ETP                     conventions across all equities markets.                  temporarily suspend such rule change if
                                                  Holders may enter proprietary orders                    As such, the proposed rule change                         it appears to the Commission that such
                                                  and agency orders for the account of a                  would foster cooperation and                              action is necessary or appropriate in the
                                                  customer into the NYSE Arca                             coordination with persons engaged in                      public interest, for the protection of
                                                  Marketplace 4 and that proprietary                                                                                investors, or otherwise in furtherance of
                                                  orders are subject to the same display                    5 In general, the term ‘‘capacity’’ refers to whether   the purposes of the Act. If the
                                                  and execution processes as agency                       a broker-dealer acts as agent, i.e., directly on behalf   Commission takes such action, the
                                                  orders. Rule 7.33 further provides that                 of a customer, or whether the broker-dealer acts as       Commission shall institute proceedings
                                                                                                          principal, i.e., for its own account, in a transaction.
                                                  an ETP Holder entering a proprietary                    A riskless principal transaction is one where a
                                                                                                                                                                    to determine whether the proposed rule
                                                  order shall mark the order with the                     broker-dealer receives a customer order and then          change should be approved or
                                                  appropriate designator to identify the                  immediately executes an identical order in the            disapproved.
                                                  order as proprietary.                                   marketplace, while taking on the role of principal,
                                                                                                          in order to fill the customer order pursuant to NYSE      IV. Solicitation of Comments
                                                    As proposed, Rule 7.33 would be                       Arca Equities Rule 5320.
                                                                                                                                                                      Interested persons are invited to
                                                  amended to add a clause specifying that                   6 See, e.g., BATS Exchange, Inc. (‘‘BATS’’) Rule
                                                                                                                                                                    submit written data, views and
                                                  ETP Holders must input accurate                         11.21; BATS Y-Exchange, Inc. (‘‘BATS–Y’’) Rule
                                                                                                          11.21; EDGA Exchange, Inc. (‘‘EDGA’’) Rule 11.5;
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                                                  information into the NYSE Arca                          EDGX Exchange, Inc. Rule 11.5; and NASDAQ                   9 15  U.S.C. 78s(b)(3)(A).
                                                  Marketplace, including, but not limited                 Stock Market LLC (‘‘NASDAQ’’) Rule 4611(a)(6).              10 17  CFR 240.19b–4(f)(6). As required under Rule
                                                  to, identifying the capacity in which the               The Exchange’s affiliates New York Stock Exchange         19b–4(f)(6)(iii), the Exchange provided the
                                                  ETP Holder entered each order, as                       LLC (‘‘NYSE’’) and NYSE MKT LL [sic] (‘‘NYSE              Commission with written notice of its intent to file
                                                                                                          MKT’’) impose the same marking requirements on            the proposed rule change, along with a brief
                                                  follows: principal, agency, or riskless                 clearing member organizations. See NYSE Rule              description and the text of the proposed rule
                                                                                                          132.30(9) & NYSE MKT Rule 132.30(9).                      change, at least five business days prior to the date
                                                    4 The term ‘‘NYSE Arca Marketplace’’ is defined         7 15 U.S.C. 78f(b).
                                                                                                                                                                    of filing of the proposed rule change, or such
                                                  in NYSE Arca Equities Rule 1.1.                           8 15 U.S.C. 78f(b)(5).                                  shorter time as designated by the Commission.



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                                                                                   Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Notices                                                            15143

                                                  arguments concerning the foregoing,                       SECURITIES AND EXCHANGE                               Disbursement Center, 14925 Kingsport
                                                  including whether the proposed rule                       COMMISSION                                            Road, Fort Worth, TX 76155.
                                                  change is consistent with the Act.
                                                                                                            [File No. 500–1]                                      FOR FURTHER INFORMATION CONTACT:     A.
                                                  Comments may be submitted by any of
                                                                                                                                                                  Escobar, Office of Disaster Assistance,
                                                  the following methods:
                                                                                                            In the Matter of Broke Out, Inc.; Order               U.S. Small Business Administration,
                                                  Electronic Comments                                       of Suspension of Trading                              409 3rd Street SW., Suite 6050,
                                                     • Use the Commission’s Internet                                                                              Washington, DC 20416.
                                                                                                            March 17, 2016.
                                                  comment form (http://www.sec.gov/                           It appears to the Securities and                    SUPPLEMENTARY INFORMATION:     Notice is
                                                  rules/sro.shtml); or                                      Exchange Commission that the public                   hereby given that as a result of the
                                                     • Send an email to rule-comments@                      interest and the protection of investors              President’s major disaster declaration on
                                                  sec.gov. Please include File Number SR–                   require a suspension of trading in the                03/13/2016, applications for disaster
                                                  NYSEARCA–2016–42 on the subject                           securities of Broke Out, Inc. (‘‘BRKO’’)              loans may be filed at the address listed
                                                  line.                                                     because of concerns regarding the                     above or other locally announced
                                                  Paper Comments                                            accuracy and adequacy of information                  locations.
                                                     • Send paper comments in triplicate                    in the marketplace and potentially                      The following areas have been
                                                  to Secretary, Securities and Exchange                     manipulative transactions in BRKO                     determined to be adversely affected by
                                                  Commission, 100 F Street NE.,                             common stock. BRKO is a Nevada                        the disaster:
                                                  Washington, DC 20549–1090.                                corporation with a business address in
                                                                                                            Frankfurt, Germany and its common                     Primary Counties (Physical Damage and
                                                  All submissions should refer to File                      stock is quoted on the OTC Link                         Economic Injury Loans): Bossier,
                                                  Number SR–NYSEARCA–2016–42. This                          (previously ‘‘Pink Sheets’’) operated by                Claiborne, Grant, Morehouse,
                                                  file number should be included on the                     OTC Markets Group, Inc. (‘‘OTC Link)                    Ouachita, Richland, Webster.
                                                  subject line if email is used. To help the                under the ticker symbol BRKO.                         Contiguous Counties (Economic Injury
                                                  Commission process and review your                          The Commission is of the opinion that                   Loans Only):
                                                  comments more efficiently, please use                     the public interest and the protection of
                                                  only one method. The Commission will                                                                              Louisiana: Bienville, Caddo, Caldwell,
                                                                                                            investors require a suspension of trading                 East Carroll, Franklin, Jackson, La
                                                  post all comments on the Commission’s                     in the securities of the above-listed
                                                  Internet Web site (http://www.sec.gov/                                                                              Salle, Lincoln, Madison,
                                                                                                            company.                                                  Natchitoches, Rapides, Red River,
                                                  rules/sro.shtml). Copies of the                             Therefore, it is ordered, pursuant to
                                                  submission, all subsequent                                                                                          Union, West Carroll, Winn.
                                                                                                            Section 12(k) of the Securities Exchange
                                                  amendments, all written statements                        Act of 1934, that trading in the                        Arkansas: Ashley, Chicot, Columbia,
                                                  with respect to the proposed rule                         securities of the above-listed company is                 Lafayette, Miller, Union.
                                                  change that are filed with the                            suspended for the period from 9:30 a.m.                 The Interest Rates are:
                                                  Commission, and all written                               EDT on March 17, 2016 through 11:59
                                                  communications relating to the                            p.m. EDT on March 31, 2016.                                                                             Percent
                                                  proposed rule change between the
                                                  Commission and any person, other than                        By the Commission.                                 For Physical Damage:
                                                  those that may be withheld from the                       Jill M. Peterson,                                       Homeowners With Credit Avail-
                                                  public in accordance with the                             Assistant Secretary.                                      able Elsewhere ......................            3.625
                                                  provisions of 5 U.S.C. 552, will be                       [FR Doc. 2016–06365 Filed 3–17–16; 11:15 am]            Homeowners Without Credit
                                                  available for Web site viewing and                                                                                  Available Elsewhere ..............              1.813
                                                                                                            BILLING CODE 8011–01–P
                                                  printing in the Commission’s Public                                                                               Businesses With Credit Avail-
                                                                                                                                                                      able Elsewhere ......................           6.250
                                                  Reference Room, 100 F Street NE.,                                                                                 Businesses       Without           Credit
                                                  Washington, DC 20549, on official                         SMALL BUSINESS ADMINISTRATION                             Available Elsewhere ..............              4.000
                                                  business days between the hours of                                                                                Non-Profit Organizations With
                                                  10:00 a.m. and 3:00 p.m. Copies of the                    [Disaster Declaration #14667 and #14668]                  Credit Available Elsewhere ...                  2.625
                                                  filing also will be available for                                                                                 Non-Profit Organizations With-
                                                  inspection and copying at the principal                   Louisiana Disaster #LA–00062                              out Credit Available Else-
                                                  office of the Exchange. All comments                                                                                where .....................................     2.625
                                                                                                            AGENCY: U.S. Small Business                           For Economic Injury:
                                                  received will be posted without change;                   Administration.
                                                  the Commission does not edit personal                                                                             Businesses & Small Agricultural
                                                                                                            ACTION: Notice.                                           Cooperatives Without Credit
                                                  identifying information from
                                                                                                                                                                      Available Elsewhere ..............              4.000
                                                  submissions. You should submit only                       SUMMARY:   This is a Notice of the                      Non-Profit Organizations With-
                                                  information that you wish to make                         Presidential declaration of a major                       out Credit Available Else-
                                                  available publicly. All submissions                       disaster for the State of Louisiana                       where .....................................     2.625
                                                  should refer to File Number SR–                           (FEMA–4263–DR), dated 03/13/2016.
                                                  NYSEARCA–2016–42 and should be                              Incident: Severe Storms and Flooding.                 The number assigned to this disaster
                                                  submitted on or before April 11, 2016.                      Incident Period: 03/08/2016 and                     for physical damage is 146676 and for
                                                    For the Commission, by the Division of                  continuing.                                           economic injury is 146680.
                                                  Trading and Markets, pursuant to delegated                  Effective Date: 03/13/2016.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  authority.11                                                                                                    (Catalog of Federal Domestic Assistance
                                                                                                              Physical Loan Application Deadline                  Numbers 59008)
                                                  Robert W. Errett,                                         Date: 05/12/2016.
                                                  Deputy Secretary.                                           Economic Injury (EIDL) Loan                         Lisa Lopez-Suarez,
                                                  [FR Doc. 2016–06239 Filed 3–18–16; 8:45 am]               Application Deadline Date: 12/13/2016.                Acting Associate Administrator for Disaster
                                                  BILLING CODE 8011–01–P                                    ADDRESSES: Submit completed loan                      Assistance.
                                                                                                            applications to: U.S. Small Business                  [FR Doc. 2016–06202 Filed 3–18–16; 8:45 am]
                                                    11 17   CFR 200.30–3(a)(12).                            Administration, Processing and                        BILLING CODE 8025–01–P




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Document Created: 2016-03-19 01:00:39
Document Modified: 2016-03-19 01:00:39
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 15141 

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