81 FR 37659 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change, as Modified by Amendment No. 5, To Adopt Initial and Continued Listing Standards for the Listing of Equity Investment Tracking Stocks and Adopt Listing Fees Specific to Equity Investment Tracking Stocks
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 112 (June 10, 2016)
Federal Register Volume 81, Issue 112 (June 10, 2016)
| Page Range | 37659-37660 | |
| FR Document | 2016-13716 |
[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)] [Notices] [Pages 37659-37660] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13716] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-77996; File No. SR-NYSE-2016-22] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change, as Modified by Amendment No. 5, To Adopt Initial and Continued Listing Standards for the Listing of Equity Investment Tracking Stocks and Adopt Listing Fees Specific to Equity Investment Tracking Stocks June 6, 2016. On April 7, 2016, the New York Stock Exchange LLC (``NYSE'' or the ``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 adopt initial and continued listing standards for the listing of Equity Investment Tracking Stocks and to adopt fees for Equity Investment Tracking Stocks. The proposed rule change was published for comment in the Federal Register on April 27, 2016.\3\ On April 20, 2016, the Exchange filed Amendment No. 1 to the proposed rule change, which superseded the original filing in its entirety.\4\ On May 17, 2016, the Exchange filed Amendment No. 5 to the proposal, which superseded the filing, as amended by Amendment No. 1. Amendment No. 5 was published for comment in the Federal Register on May 23, 2016.\5\ No comments have been received on the proposed rule change in response to both the original publication [[Page 37660]] of the proposal in the Federal Register \6\ and, to date, in response to the subsequent publication of the proposal as modified by Amendment No. 5.\7\ --------------------------------------------------------------------------- \1\ 15 U.S.C.78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ See Securities Exchange Act Release No. 77674 (April 21, 2016), 81 FR 24919 (April 27, 2016). \4\ On May 13, 2016, the Exchange submitted and withdrew Amendment No. 2 to the proposed rule change. On May 13, 2016, the Exchange filed Amendment No. 3 to the proposed rule change, and on May 16, 2016 the Exchange withdrew Amendment No. 3 to the proposed rule change. On May 16, 2016 the Exchange submitted Amendment No. 4 to the proposal, and on May 17, 2016, the Exchange withdrew Amendment No. 4 to the proposed rule change. \5\ See Securities Exchange Act Release No. 77850 (May 17, 2016), 81 FR 32360 (May 23, 2016). \6\ See note 3 supra. \7\ See note 5 supra. --------------------------------------------------------------------------- Section 19(b)(2) of the Act \8\ provides that within 45 days of the publication of notice of the filing of a proposed rule change, or within such longer period up to 90 days as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or as to which the self-regulatory organization consents, the Commission shall either approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether the proposed rule change should be disapproved. The 45th day after publication of the notice for this proposed rule change is June 11, 2016. The Commission is extending this 45-day time period for Commission action on the proposed rule change. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78s(b)(2). --------------------------------------------------------------------------- The Commission finds it appropriate to designate a longer period within which to take action on the proposed rule change so that it has sufficient time to consider this proposed rule change, as modified by Amendment No. 5.\9\ Accordingly, the Commission, pursuant to Section 19(b)(2) of the Act,\10\ and for the reason noted above, designates July 26, 2016 as the date by which the Commission should either approve or disapprove, or institute proceedings to determine whether to disapprove, the proposed rule change (File No. SR-NYSE-2016-22). --------------------------------------------------------------------------- \9\ See note 4 supra, and accompanying text. \10\ 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\11\ --------------------------------------------------------------------------- \11\ 17 CFR 200.30-3(a)(31). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2016-13716 Filed 6-9-16; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices 37659
controversial under Section 19(b)(3)(A) IV. Solicitation of Comments For the Commission, by the Division of
of the Act 15 and paragraph (f)(6) of Rule Trading and Markets, pursuant to delegated
19b–4 thereunder.16 Interested persons are invited to authority.20
The Exchange asserts that the submit written data, views, and Robert W. Errett,
proposed rule change: (1) Will not arguments concerning the foregoing, Deputy Secretary.
significantly affect the protection of including whether the proposed rule [FR Doc. 2016–13715 Filed 6–9–16; 8:45 am]
investors or the public interest, (2) will change is consistent with the Act. BILLING CODE 8011–01–P
not impose any significant burden on Comments may be submitted by any of
competition, and (3) and will not the following methods:
become operative for 30 days from the SECURITIES AND EXCHANGE
date on which it was filed, or such Electronic Comments COMMISSION
shorter time as the Commission may • Use the Commission’s Internet [Release No. 34–77996; File No. SR–NYSE–
designate. In addition, the Exchange 2016–22]
comment form (http://www.sec.gov/
provided the Commission with written
notice of its intent to file the proposed rules/sro.shtml); or
Self-Regulatory Organizations; New
rule change, along with a brief • Send an email to rule-comments@ York Stock Exchange LLC; Notice of
description and text of the proposed sec.gov. Please include File Number SR– Designation of a Longer Period for
rule change, at least five business days CHX–2016–07 on the subject line. Commission Action on a Proposed
prior to the date of filing, or such Rule Change, as Modified by
shorter time as designated by the Paper Comments
Amendment No. 5, To Adopt Initial and
Commission.17 While the Exchange • Send paper comments in triplicate Continued Listing Standards for the
does not currently have a rule that to Secretary, Securities and Exchange Listing of Equity Investment Tracking
requires Participants maintain BCPs, the Commission, 100 F Street NE., Stocks and Adopt Listing Fees
Exchange believes that the proposed Washington, DC 20549–1090. Specific to Equity Investment Tracking
rule change raises no novel issues, as it Stocks
is substantively consistent with FINRA All submissions should refer to File
Rules 4370 and 4517(c)(1). Moreover, Number SR–CHX–2016–07. This file June 6, 2016.
although proposed Article 7, Rule 14 number should be included on the On April 7, 2016, the New York Stock
differs from FINRA Rule 4370 in that subject line if email is used. To help the Exchange LLC (‘‘NYSE’’ or the
the proposed rule expands alternative ‘‘Exchange’’) filed with the Securities
Commission process and review your
communication and location and Exchange Commission
comments more efficiently, please use
requirements to Associated Persons of (‘‘Commission’’), pursuant to Section
only one method. The Commission will 19(b)(1) of the Securities Exchange Act
Participants and explicitly requires post all comments on the Commission’s
BCPs contemplate a broader range of of 1934 (‘‘Act’’) 1 and Rule 19b–4
Internet Web site (http://www.sec.gov/ thereunder,2 a proposed rule change to
contra-parties (i.e., interested parties), rules/sro.shtml). Copies of the
the Exchange believes that such adopt initial and continued listing
submission, all subsequent standards for the listing of Equity
differences are non-controversial as they amendments, all written statements
merely expand FINRA Rule 4370 Investment Tracking Stocks and to
with respect to the proposed rule adopt fees for Equity Investment
requirements to additional parties that
change that are filed with the Tracking Stocks. The proposed rule
rely on the orderly operation of the
Commission, and all written change was published for comment in
Participant in the event of an
communications relating to the the Federal Register on April 27, 2016.3
emergency. The Exchange also notes
proposed rule change between the On April 20, 2016, the Exchange filed
that the proposed rule change would
Commission and any person, other than Amendment No. 1 to the proposed rule
apply to all Participants and not only
those that may be withheld from the change, which superseded the original
Dual Members. As such, the Exchange
public in accordance with the filing in its entirety.4 On May 17, 2016,
has designated this rule filing as non-
provisions of 5 U.S.C. 552, will be the Exchange filed Amendment No. 5 to
controversial under Section 19(b)(3)(A)
available for Web site viewing and the proposal, which superseded the
of the Act 18 and paragraph (f)(6) of Rule
printing in the Commission’s Public filing, as amended by Amendment No.
19b–4 thereunder.19
Reference Room, 100 F Street NE., 1. Amendment No. 5 was published for
At any time within 60 days of the
comment in the Federal Register on
filing of the proposed rule change, the Washington, DC 20549, on official
May 23, 2016.5 No comments have been
Commission summarily may business days between the hours of
received on the proposed rule change in
temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of such response to both the original publication
it appears to the Commission that such filing will also be available for
action is necessary or appropriate in the inspection and copying at the principal 20 17 CFR 200.30–3(a)(12).
public interest, for the protection of office of the Exchange. All comments 1 15 U.S.C.78s(b)(1).
investors, or otherwise in furtherance of received will be posted without change; 2 17 CFR 240.19b–4.
the purposes of the Act. If the the Commission does not edit personal 3 See Securities Exchange Act Release No. 77674
Commission takes such action, the identifying information from
(April 21, 2016), 81 FR 24919 (April 27, 2016).
4 On May 13, 2016, the Exchange submitted and
Commission shall institute proceedings submissions. You should submit only
asabaliauskas on DSK3SPTVN1PROD with NOTICES
withdrew Amendment No. 2 to the proposed rule
under Section 19(b)(2)(B) of the Act to information that you wish to make change. On May 13, 2016, the Exchange filed
determine whether the proposed rule available publicly. All submissions Amendment No. 3 to the proposed rule change, and
should be approved or disapproved. on May 16, 2016 the Exchange withdrew
should refer to File Number SR–CHX– Amendment No. 3 to the proposed rule change. On
15 15 U.S.C. 78s(b)(3)(A).
2016–07 and should be submitted on or May 16, 2016 the Exchange submitted Amendment
before July 1, 2016. No. 4 to the proposal, and on May 17, 2016, the
16 17 CFR 240.19b–4. Exchange withdrew Amendment No. 4 to the
17 17 CFR 240.19b–4(f)(6)(iii).
proposed rule change.
18 15 U.S.C. 78s(b)(3)(A). 5 See Securities Exchange Act Release No. 77850
19 17 CFR 240.19b–4. (May 17, 2016), 81 FR 32360 (May 23, 2016).
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![37660 Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices
of the proposal in the Federal Register 6 DEPARTMENT OF STATE SURFACE TRANSPORTATION BOARD
and, to date, in response to the
[Docket No. FD 36035]
subsequent publication of the proposal [Public Notice 9601]
as modified by Amendment No. 5.7 Union Pacific Railroad Company—
Section 19(b)(2) of the Act 8 provides In the Matter of the Designation of Trackage Rights Exemption—BNSF
that within 45 days of the publication of Yarmouk Martyrs Brigade, aka Katibah Railway Company
notice of the filing of a proposed rule Shuhada’ al-Yarmouk, aka Liwa’
Shuhada’ al-Yarmouk, aka Yarmouk BNSF Railway Company (BNSF),
change, or within such longer period up pursuant to a trackage rights agreement
to 90 days as the Commission may Brigade, aka Brigade of the Yarmouk
dated April 5, 2016, has agreed to grant
designate if it finds such longer period Martyrs, aka Martyrs of Yarmouk, aka
Union Pacific Railroad Company (UP)
to be appropriate and publishes its Al Yarmuk Brigade, aka Shuhda al-
overhead trackage rights over
reasons for so finding or as to which the Yarmouk, aka Shohadaa al-Yarmouk
approximately 41.3 miles of railroad
Brigade, aka Suhada’a al-Yarmouk
self-regulatory organization consents, between milepost 1.6, near Kansas City,
Brigade, aka Shuhada al Yarmouk Mo., and milepost 42.9, near Paola,
the Commission shall either approve the
Brigade, aka YMB, aka LSY as a Kan., on BNSF’s Fort Scott
proposed rule change, disapprove the
Specially Designated Global Terrorist Subdivision.1
proposed rule change, or institute
proceedings to determine whether the The purpose of the proposed
Acting under the authority of and in transaction is to allow UP to continue
proposed rule change should be accordance with section 1(b) of
disapproved. The 45th day after moving trains between Paola and
Executive Order 13224 of September 23, Kansas City, as an alternative to UP’s
publication of the notice for this 2001, as amended by Executive own route, thereby providing for
proposed rule change is June 11, 2016. Order13268 of July 2, 2002, and increased efficiency in operations.2
The Commission is extending this 45- Executive Order 13284 of January 23, UP may consummate the transaction
day time period for Commission action 2003, I hereby determine that the entity on or after June 24, 2016, the effective
on the proposed rule change. known as Yarmouk Martyrs Brigade, date of the exemption (30 days after the
The Commission finds it appropriate also known as Katibah Shuhada’ al- verified notice of exemption was filed).
to designate a longer period within Yarmouk, also known as Liwa’ As a condition to this exemption, any
which to take action on the proposed Shuhada’ al-Yarmouk, also known as employees affected by the trackage
rule change so that it has sufficient time Yarmouk Brigade, also known as rights will be protected by the
to consider this proposed rule change, Brigade of the Yarmouk Martyrs, also conditions imposed in Norfolk &
as modified by Amendment No. 5.9 known as Martyrs of Yarmouk, also Western Railway—Trackage Rights—
Accordingly, the Commission, pursuant known as Al Yarmuk Brigade, also Burlington Northern, Inc., 354 I.C.C. 605
known as Shuhda al-Yarmouk, also (1978), as modified in Mendocino Coast
to Section 19(b)(2) of the Act,10 and for
known as Shohadaa al-Yarmouk Railway—Lease & Operate—California
the reason noted above, designates July
Brigade, also known as Suhada’a al- Western Railroad, 360 I.C.C. 653 (1980).
26, 2016 as the date by which the This notice is filed under 49 CFR
Yarmouk Brigade, also known as
Commission should either approve or 1180.2(d)(7). If the notice contains false
Shuhada al Yarmouk Brigade, also
disapprove, or institute proceedings to or misleading information, the
known as YMB, also known as LSY
determine whether to disapprove, the exemption is void ab initio. Petitions to
committed, or poses a significant risk of
proposed rule change (File No. SR– committing, acts of terrorism that revoke the exemption under 49 U.S.C.
NYSE–2016–22). threaten the security of U.S. nationals or 10502(d) may be filed at any time. The
For the Commission, by the Division of the national security, foreign policy, or filing of a petition to revoke will not
Trading and Markets, pursuant to delegated economy of the United States. automatically stay the effectiveness of
authority.11 the exemption. Petitions for stay must
Consistent with the determination in be filed by June 17, 2016 (at least seven
Robert W. Errett, section 10 of Executive Order 13224 that days before the exemption becomes
Deputy Secretary. prior notice to persons determined to be effective).
[FR Doc. 2016–13716 Filed 6–9–16; 8:45 am] subject to the Order who might have a An original and 10 copies of all
BILLING CODE 8011–01–P constitutional presence in the United pleadings, referring to Docket No. FD
States would render ineffectual the 36035, must be filed with the Surface
blocking and other measures authorized Transportation Board, 395 E Street SW.,
in the Order because of the ability to Washington, DC 20423–0001. In
transfer funds instantaneously, I addition, a copy of each pleading must
determine that no prior notice needs to be served on Jeremy M. Berman, 1400
be provided to any person subject to this
determination who might have a 1 A redacted version of the Agreement between
constitutional presence in the United UP and BNSF was filed with the notice of
States, because to do so would render exemption. UP simultaneously filed a motion for a
protective order to protect the confidential and
ineffectual the measures authorized in commercially sensitive information contained in
the Order. the unredacted version of the Agreement, which UP
asabaliauskas on DSK3SPTVN1PROD with NOTICES
This notice shall be published in the submitted under seal in this proceeding. That
motion will be addressed in a separate decision.
Federal Register. 2 UP states that it obtained trackage rights over
6 See note 3 supra. Dated: May 31, 2016. the rail line as successor to the Missouri-Kansas-
7 See note 5 supra. Texas Railroad Company (MKT). MKT was granted
8 15 U.S.C. 78s(b)(2).
John F. Kerry, authority to acquire the trackage rights from
9 See note 4 supra, and accompanying text. Secretary of State. Burlington Northern Railroad Company in Missouri-
Kansas-Texas Railroad—Trackage Rights—
10 15 U.S.C. 78s(b)(2). [FR Doc. 2016–13676 Filed 6–9–16; 8:45 am]
Burlington Northern Railroad, FD 30672 (ICC
11 17 CFR 200.30–3(a)(31). BILLING CODE 4710–AD–P served July 8, 1985).
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Document Created: 2018-02-08 07:35:33
Document Modified: 2018-02-08 07:35:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 37659 |
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