81_FR_42892 81 FR 42766 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change for a Temporary Suspension of Those Aspects of Rules 36.20 and 36.21 That Would Not Permit Floor Brokers To Use Personal Portable Phone Devices on the Trading Floor Due to the Unavailability of Floor Broker Telephone Services

81 FR 42766 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change for a Temporary Suspension of Those Aspects of Rules 36.20 and 36.21 That Would Not Permit Floor Brokers To Use Personal Portable Phone Devices on the Trading Floor Due to the Unavailability of Floor Broker Telephone Services

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 126 (June 30, 2016)

Page Range42766-42768
FR Document2016-15499

Federal Register, Volume 81 Issue 126 (Thursday, June 30, 2016)
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Notices]
[Pages 42766-42768]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15499]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78154; File No. SR-NYSE-2016-46]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
for a Temporary Suspension of Those Aspects of Rules 36.20 and 36.21 
That Would Not Permit Floor Brokers To Use Personal Portable Phone 
Devices on the Trading Floor Due to the Unavailability of Floor Broker 
Telephone Services

June 24, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that on June 24, 2016, New York Stock Exchange LLC (``NYSE'' or 
the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I 
and II 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes a temporary suspension of those aspects of 
Rules 36.20 and 36.21 that would not permit Floor brokers to use 
personal portable phone devices on the Trading Floor due to the 
unavailability of Floor broker telephone services on June 24, 2016. 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to temporarily suspend those aspects of Rules 
36.20 and 36.21 that would not permit Floor brokers to use personal 
portable phone devices on the Trading Floor.\4\ As proposed, all other 
aspects of Rule 36 remain applicable and the temporary suspensions of 
the applicable Rule 36 requirements are in effect on June 24, 2016 
only.\5\
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    \4\ Pursuant to Rule 6A, the Trading Floor is defined as the 
restricted-access physical areas designated by the Exchange for the 
trading of securities.
    \5\ The Exchange provided Floor brokers with notice of this rule 
filing, including the applicable recordkeeping and other 
requirements related to using personal cell phones during the 
temporary suspension of Rule 36.
---------------------------------------------------------------------------

    On June 24, 2016, the third-party carrier that provides service for 
the wired phone lines for Floor brokers experienced an issue that 
affected the availability of those phone lines. This suspension of 
service only impacted the service for telephone service for Floor 
brokers and did not impact phone service for Designated Market Makers. 
The Exchange is working closely with the third-party carrier to restore 
such phone service.
    Rules 36.20 and 36.21 govern the type of telephone communications 
that are approved for Floor brokers. Pursuant to Rule 36.20, Floor 
brokers may maintain a telephone line on the Trading Floor and use 
Exchange authorized and provided portable phones while on the Trading 
Floor. The use of such Exchange authorized and provided portable phones 
is governed by Rule 36.21. Because of the issues with the third-party 
carrier, Floor brokers are unable to reach their customers via their 
third-party carrier wired telephone lines. While Exchange-provided 
portable phones are operating, not all Floor brokers have Exchange-
provided and authorized portable phones. However, the personal cell 
phones of Floor brokers are operational on the Trading Floor. The 
Exchange believes that because communications with customers is a vital 
part of a Floor broker's role as agent and therefore contributes to 
maintaining a fair and orderly market, during the period when the phone 
lines are non-operational, Floor brokers who do not have Exchange 
authorized and provided portable phones should be permitted to

[[Page 42767]]

use personal cell phone devices in lieu of the non-operational wired 
phone lines.\6\
---------------------------------------------------------------------------

    \6\ To the extent that the wired phone lines are operational, 
Floor brokers must use those phone lines rather than use a personal 
cell phone.
---------------------------------------------------------------------------

    The Exchange therefore proposes to temporarily suspend the 
limitations in Rules 36.20 and 36.21 that permit Floor brokers to use 
only Exchange authorized and provided portable phones so that Floor 
brokers who do not have an Exchange authorized and portable phone may 
use personal cell phones on the Trading Floor. The Exchange proposes 
that pursuant to this temporary suspension, Floor brokers must provide 
the Exchange with the names of all Floor-based personnel who used 
personal portable phones during this temporary suspension period, 
together with the phone number and applicable carrier for each number. 
Floor broker member organizations must maintain in their books and 
records all cell phone records that show both incoming and outgoing 
calls that were made during the period that a personal portable phone 
was used on the Trading Floor. To the extent the records are 
unavailable from the third-party carrier, the Floor brokers must 
maintain contemporaneous records of all calls made or received on a 
personal portable phone while on the Trading Floor. As with all member 
organization records, such cell phone records must be provided to 
Exchange regulatory staff on request.
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, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, and to 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).
---------------------------------------------------------------------------

    In particular, because of issues experienced by a third-party phone 
carrier, wired phone lines are not functional. The Exchange believes 
that the proposed temporary suspensions from those aspects of Rule 36 
that restrict Floor broker's use of personal portable phones on the 
Trading Floor removes impediments to and perfects the mechanism of a 
free and open market and national market system because the proposed 
relief will enable Floor brokers who do not have an Exchange authorized 
and provided portable phone to conduct their regular business, 
notwithstanding the ongoing issues with telephone service. The Exchange 
further believes that without the requested relief, Floor brokers would 
be compromised in their ability to conduct their regular course of 
business on the Trading Floor. In particular, for Floor brokers, 
because they operate as agents for customers, their inability to 
communicate with customers could compromise their ability to represent 
public orders on the Trading Floor.

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 Exchange does not 
believe that the proposed rule change will impose any burden on 
competition because the proposed change only impacts Floor brokers and 
has no change in operations for other market participants or other 
market centers. To the contrary, the Exchange believes that without the 
proposed relief, Floor brokers would be compromised in their ability to 
conduct their regular course of business on the Trading Floor, thereby 
placing a burden on the Floor brokers' ability to compete.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\ 
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 prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\11\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and 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. 
The Commission has determined to waive the five-day prefiling period 
in this case.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) under the Act 
\12\ normally does not become operative prior to 30 days after the date 
of the filing. However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the 
Commission may designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. In support 
of the request, the Exchange states that waiver the 30-day operative 
delay will allow the Exchange to invoke the relief immediately upon 
filing, which is necessary so that Floor brokers may be able to 
communicate with their customers on a day with significantly increased 
volumes of trading due both to the United Kingdom referendum vote to 
leave the European Union and the rebalancing of the Russell Investment 
Group indices after the close of trading on June 24, 2016. Based on the 
above, the Commission believes that waiver of the 30-day operative 
delay is consistent with the protection of investors and the public 
interest because it will permit Floor brokers to remain in 
communication with customers while wired phone lines are unavailable. 
Accordingly, the Commission designates the proposed rule change as 
operative upon filing with the Commission.\14\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under 
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed 
rule

[[Page 42768]]

change should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSE-2016-46 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-NYSE-2016-46. 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-NYSE-2016-46 and should be 
submitted on or before July 21, 2016.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2016-15499 Filed 6-29-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  42766                          Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Notices

                                                  improper activity in connection with                    SECURITIES AND EXCHANGE                                of the most significant parts of such
                                                  Equity Investment Tracking Stocks, help                 COMMISSION                                             statements.
                                                  assure compliance with the proposed                                                                            A. Self-Regulatory Organization’s
                                                  listing standards, and identify areas                   [Release No. 34–78154; File No. SR–NYSE–               Statement of the Purpose of, and the
                                                  where such standards might need to be                   2016–46]
                                                                                                                                                                 Statutory Basis for, the Proposed Rule
                                                  strengthened going forward.                                                                                    Change
                                                                                                          Self-Regulatory Organizations; New
                                                     With respect to the proposed fees, the               York Stock Exchange LLC; Notice of                     1. Purpose
                                                  Commission believes it is consistent                    Filing and Immediate Effectiveness of
                                                  with the Act for the Exchange to                                                                                  The Exchange proposes to temporarily
                                                                                                          Proposed Rule Change for a                             suspend those aspects of Rules 36.20
                                                  exclude issuers whose only common                       Temporary Suspension of Those                          and 36.21 that would not permit Floor
                                                  equity security listed on the Exchange is               Aspects of Rules 36.20 and 36.21 That                  brokers to use personal portable phone
                                                  an Equity Investment Tracking Stock                     Would Not Permit Floor Brokers To                      devices on the Trading Floor.4 As
                                                  from receiving the complimentary                        Use Personal Portable Phone Devices                    proposed, all other aspects of Rule 36
                                                  products and services provided for                      on the Trading Floor Due to the                        remain applicable and the temporary
                                                  under Section 907.00 of the Manual.                     Unavailability of Floor Broker                         suspensions of the applicable Rule 36
                                                  The Exchange stated that most of the                    Telephone Services                                     requirements are in effect on June 24,
                                                  services provided under Section 907.00                                                                         2016 only.5
                                                                                                          June 24, 2016.
                                                  would be of limited value and appeal to                                                                           On June 24, 2016, the third-party
                                                                                                             Pursuant to Section 19(b)(1) 1 of the
                                                  issuers of Equity Investment Tracking                                                                          carrier that provides service for the
                                                                                                          Securities Exchange Act of 1934 (the
                                                  Stocks.                                                                                                        wired phone lines for Floor brokers
                                                                                                          ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                     Finally, the Commission believes that                                                                       experienced an issue that affected the
                                                                                                          notice is hereby given that on June 24,
                                                  the proposed listing and annual fees for                                                                       availability of those phone lines. This
                                                                                                          2016, New York Stock Exchange LLC
                                                  Equity Investment Tracking Stocks are                                                                          suspension of service only impacted the
                                                                                                          (‘‘NYSE’’ or the ‘‘Exchange’’) filed with
                                                                                                                                                                 service for telephone service for Floor
                                                  an equitable allocation of reasonable                   the Securities and Exchange
                                                                                                                                                                 brokers and did not impact phone
                                                  fees. The Exchange stated that it is                    Commission (the ‘‘Commission’’) the
                                                                                                                                                                 service for Designated Market Makers.
                                                  appropriate to charge lower fees to                     proposed rule change as described in
                                                                                                                                                                 The Exchange is working closely with
                                                  issuers whose only common equity                        Items I and II below, which Items have
                                                                                                                                                                 the third-party carrier to restore such
                                                  security listed on the Exchange is an                   been prepared by the self-regulatory
                                                                                                                                                                 phone service.
                                                  Equity Investment Tracking Stock                        organization. The Commission is                           Rules 36.20 and 36.21 govern the type
                                                  because there are regulatory efficiencies               publishing this notice to solicit                      of telephone communications that are
                                                  for the Exchange when the issuer of an                  comments on the proposed rule change                   approved for Floor brokers. Pursuant to
                                                  Equity Investment Tracking Stock and                    from interested persons.                               Rule 36.20, Floor brokers may maintain
                                                  the issuer of the tracked stock are both                I. Self-Regulatory Organization’s                      a telephone line on the Trading Floor
                                                  listed on the Exchange. The Exchange                    Statement of the Terms of Substance of                 and use Exchange authorized and
                                                  represented that it does not believe that               the Proposed Rule Change                               provided portable phones while on the
                                                  the proposed fees would negatively                                                                             Trading Floor. The use of such
                                                                                                             The Exchange proposes a temporary                   Exchange authorized and provided
                                                  affect its ability to continue to                       suspension of those aspects of Rules
                                                  adequately fund its regulatory program                                                                         portable phones is governed by Rule
                                                                                                          36.20 and 36.21 that would not permit                  36.21. Because of the issues with the
                                                  or the services the Exchange provides to                Floor brokers to use personal portable
                                                  issuers. According to the Exchange,                                                                            third-party carrier, Floor brokers are
                                                                                                          phone devices on the Trading Floor due                 unable to reach their customers via their
                                                  these lower fees also reflect the fact that             to the unavailability of Floor broker                  third-party carrier wired telephone
                                                  issuers whose only listed security is an                telephone services on June 24, 2016.                   lines. While Exchange-provided
                                                  Equity Investment Tracking Stock will                   The proposed rule change is available                  portable phones are operating, not all
                                                  not receive the complimentary products                  on the Exchange’s Web site at                          Floor brokers have Exchange-provided
                                                  and services that other listed issuers of               www.nyse.com, at the principal office of               and authorized portable phones.
                                                  equity securities are eligible for under                the Exchange, and at the Commission’s                  However, the personal cell phones of
                                                  Section 907.00 of the Manual.                           Public Reference Room.                                 Floor brokers are operational on the
                                                  IV. Conclusion                                          II. Self-Regulatory Organization’s                     Trading Floor. The Exchange believes
                                                                                                          Statement of the Purpose of, and                       that because communications with
                                                    It is therefore ordered, pursuant to                  Statutory Basis for, the Proposed Rule                 customers is a vital part of a Floor
                                                  Section 19(b)(2) of the Act,39 that the                 Change                                                 broker’s role as agent and therefore
                                                  proposed rule change (SR–NYSE–2016–                                                                            contributes to maintaining a fair and
                                                                                                            In its filing with the Commission, the               orderly market, during the period when
                                                  22), as modified by Amendment Nos. 5
                                                                                                          self-regulatory organization included                  the phone lines are non-operational,
                                                  and 6, be, and it hereby is, approved.                  statements concerning the purpose of,                  Floor brokers who do not have
                                                    For the Commission, by the Division of                and basis for, the proposed rule change                Exchange authorized and provided
                                                  Trading and Markets, pursuant to delegated              and discussed any comments it received                 portable phones should be permitted to
                                                  authority.40                                            on the proposed rule change. The text
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Brent J. Fields,                                        of those statements may be examined at                   4 Pursuant to Rule 6A, the Trading Floor is

                                                  Secretary.                                              the places specified in Item IV below.                 defined as the restricted-access physical areas
                                                  [FR Doc. 2016–15457 Filed 6–29–16; 8:45 am]
                                                                                                          The Exchange has prepared summaries,                   designated by the Exchange for the trading of
                                                                                                          set forth in sections A, B, and C below,               securities.
                                                  BILLING CODE 8011–01–P                                                                                           5 The Exchange provided Floor brokers with

                                                                                                                                                                 notice of this rule filing, including the applicable
                                                                                                            1 15 U.S.C. 78s(b)(1).                               recordkeeping and other requirements related to
                                                    39 15 U.S.C. 78s(b)(2).                                 2 15 U.S.C. 78a.                                     using personal cell phones during the temporary
                                                    40 17 CFR 200.30–3(a)(12).                              3 17 CFR 240.19b–4.                                  suspension of Rule 36.



                                             VerDate Sep<11>2014   20:01 Jun 29, 2016   Jkt 238001   PO 00000   Frm 00138   Fmt 4703   Sfmt 4703   E:\FR\FM\30JNN1.SGM   30JNN1


                                                                                Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Notices                                                           42767

                                                  use personal cell phone devices in lieu                  market and national market system                         effective pursuant to Section 19(b)(3)(A)
                                                  of the non-operational wired phone                       because the proposed relief will enable                   of the Act and Rule 19b–4(f)(6)(iii)
                                                  lines.6                                                  Floor brokers who do not have an                          thereunder.11
                                                     The Exchange therefore proposes to                    Exchange authorized and provided                             A proposed rule change filed under
                                                  temporarily suspend the limitations in                   portable phone to conduct their regular                   Rule 19b–4(f)(6) under the Act 12
                                                  Rules 36.20 and 36.21 that permit Floor                  business, notwithstanding the ongoing                     normally does not become operative
                                                  brokers to use only Exchange authorized                  issues with telephone service. The                        prior to 30 days after the date of the
                                                  and provided portable phones so that                     Exchange further believes that without                    filing. However, pursuant to Rule 19b–
                                                  Floor brokers who do not have an                         the requested relief, Floor brokers                       4(f)(6)(iii),13 the Commission may
                                                  Exchange authorized and portable                         would be compromised in their ability                     designate a shorter time if such action
                                                  phone may use personal cell phones on                    to conduct their regular course of                        is consistent with the protection of
                                                  the Trading Floor. The Exchange                          business on the Trading Floor. In                         investors and the public interest. The
                                                  proposes that pursuant to this                           particular, for Floor brokers, because                    Exchange has asked the Commission to
                                                  temporary suspension, Floor brokers                      they operate as agents for customers,                     waive the 30-day operative delay so that
                                                  must provide the Exchange with the                       their inability to communicate with                       the proposal may become operative
                                                  names of all Floor-based personnel who                   customers could compromise their                          immediately upon filing. In support of
                                                  used personal portable phones during                     ability to represent public orders on the                 the request, the Exchange states that
                                                  this temporary suspension period,                        Trading Floor.                                            waiver the 30-day operative delay will
                                                  together with the phone number and                       B. Self-Regulatory Organization’s                         allow the Exchange to invoke the relief
                                                  applicable carrier for each number.                      Statement on Burden on Competition                        immediately upon filing, which is
                                                  Floor broker member organizations must                                                                             necessary so that Floor brokers may be
                                                  maintain in their books and records all                    The Exchange does not believe that                      able to communicate with their
                                                  cell phone records that show both                        the proposed rule change will impose                      customers on a day with significantly
                                                  incoming and outgoing calls that were                    any burden on competition that is not                     increased volumes of trading due both
                                                  made during the period that a personal                   necessary or appropriate in furtherance                   to the United Kingdom referendum vote
                                                  portable phone was used on the Trading                   of the purposes of the Act. The                           to leave the European Union and the
                                                  Floor. To the extent the records are                     Exchange does not believe that the                        rebalancing of the Russell Investment
                                                  unavailable from the third-party carrier,                proposed rule change will impose any                      Group indices after the close of trading
                                                  the Floor brokers must maintain                          burden on competition because the                         on June 24, 2016. Based on the above,
                                                  contemporaneous records of all calls                     proposed change only impacts Floor                        the Commission believes that waiver of
                                                  made or received on a personal portable                  brokers and has no change in operations                   the 30-day operative delay is consistent
                                                  phone while on the Trading Floor. As                     for other market participants or other                    with the protection of investors and the
                                                  with all member organization records,                    market centers. To the contrary, the                      public interest because it will permit
                                                  such cell phone records must be                          Exchange believes that without the                        Floor brokers to remain in
                                                  provided to Exchange regulatory staff on                 proposed relief, Floor brokers would be                   communication with customers while
                                                  request.                                                 compromised in their ability to conduct                   wired phone lines are unavailable.
                                                                                                           their regular course of business on the                   Accordingly, the Commission
                                                  2. Statutory Basis                                       Trading Floor, thereby placing a burden                   designates the proposed rule change as
                                                     The Exchange believes that the                        on the Floor brokers’ ability to compete.                 operative upon filing with the
                                                  proposed rule change is consistent with                  C. Self-Regulatory Organization’s                         Commission.14
                                                  Section 6(b) of the Act,7 in general, and                Statement on Comments on the                                 At any time within 60 days of the
                                                  furthers the objectives of Section 6(b)(5)               Proposed Rule Change Received From                        filing of such proposed rule change, the
                                                  of the Act,8 in particular, in that it is                Members, Participants, or Others                          Commission summarily may
                                                  designed to prevent fraudulent and                                                                                 temporarily suspend such rule change if
                                                  manipulative acts and practices, to                        No written comments were solicited
                                                                                                                                                                     it appears to the Commission that such
                                                  promote just and equitable principles of                 or received with respect to the proposed
                                                                                                                                                                     action is necessary or appropriate in the
                                                  trade, to foster cooperation and                         rule change.
                                                                                                                                                                     public interest, for the protection of
                                                  coordination with persons engaged in                     III. Date of Effectiveness of the                         investors, or otherwise in furtherance of
                                                  facilitating transactions in securities,                 Proposed Rule Change and Timing for                       the purposes of the Act. If the
                                                  and to remove impediments to and                         Commission Action                                         Commission takes such action, the
                                                  perfect the mechanism of a free and                         The Exchange has filed the proposed                    Commission shall institute proceedings
                                                  open market and a national market                        rule change pursuant to Section                           under Section 19(b)(2)(B) 15 of the Act to
                                                  system.                                                  19(b)(3)(A)(iii) of the Act 9 and Rule                    determine whether the proposed rule
                                                     In particular, because of issues
                                                                                                           19b–4(f)(6) thereunder.10 Because the
                                                  experienced by a third-party phone                                                                                    11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                           proposed rule change does not: (i)
                                                  carrier, wired phone lines are not                                                                                 4(f)(6) requires a self-regulatory organization to give
                                                                                                           Significantly affect the protection of                    the Commission written notice of its intent to file
                                                  functional. The Exchange believes that
                                                                                                           investors or the public interest; (ii)                    the proposed rule change, along with a brief
                                                  the proposed temporary suspensions                                                                                 description and text of the proposed rule change,
                                                                                                           impose any significant burden on
                                                  from those aspects of Rule 36 that                                                                                 at least five business days prior to the date of filing
                                                                                                           competition; and (iii) become operative
                                                  restrict Floor broker’s use of personal                                                                            of the proposed rule change, or such shorter time
                                                                                                           prior to 30 days from the date on which                   as designated by the Commission. The Commission
                                                  portable phones on the Trading Floor
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                           it was filed, or such shorter time as the                 has determined to waive the five-day prefiling
                                                  removes impediments to and perfects                                                                                period in this case.
                                                                                                           Commission may designate, if
                                                  the mechanism of a free and open                                                                                      12 17 CFR 240.19b–4(f)(6).
                                                                                                           consistent with the protection of
                                                                                                                                                                        13 17 CFR 240.19b–4(f)(6)(iii).
                                                     6 To the extent that the wired phone lines are
                                                                                                           investors and the public interest, the                       14 For purposes only of waiving the 30-day
                                                  operational, Floor brokers must use those phone          proposed rule change has become                           operative delay, the Commission has considered the
                                                  lines rather than use a personal cell phone.                                                                       proposed rule’s impact on efficiency, competition,
                                                     7 15 U.S.C. 78f(b).                                     9 15   U.S.C. 78s(b)(3)(A)(iii).                        and capital formation. See 15 U.S.C. 78c(f).
                                                     8 15 U.S.C. 78f(b)(5).                                  10 17   CFR 240.19b–4(f)(6).                               15 15 U.S.C. 78s(b)(2)(B).




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                                                  42768                            Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Notices

                                                  change should be approved or                                 For the Commission, by the Division of               forth in sections A, B, and C below, of
                                                  disapproved.                                              Trading and Markets, pursuant to delegated              the most significant aspects of such
                                                                                                            authority.16                                            statements.
                                                  IV. Solicitation of Comments                              Jill M. Peterson,
                                                                                                            Assistant Secretary.
                                                                                                                                                                    A. Self-Regulatory Organization’s
                                                    Interested persons are invited to                                                                               Statement of the Purpose of, and
                                                  submit written data, views, and                           [FR Doc. 2016–15499 Filed 6–29–16; 8:45 am]
                                                                                                                                                                    Statutory Basis for, the Proposed Rule
                                                  arguments concerning the foregoing,                       BILLING CODE 8011–01–P
                                                                                                                                                                    Change
                                                  including whether the proposed rule
                                                  change is consistent with the Act.                                                                                1. Purpose
                                                  Comments may be submitted by any of                       SECURITIES AND EXCHANGE                                    The Exchange proposes to list and
                                                  the following methods:                                    COMMISSION                                              trade the Shares of the Fund under
                                                                                                            [Release No. 34–78150; File No. SR–                     Nasdaq Rule 5735, which governs the
                                                  Electronic Comments                                       NASDAQ–2016–086]                                        listing and trading of Managed Fund
                                                                                                                                                                    Shares 3 on the Exchange.4 The Fund
                                                    • Use the Commission’s Internet                         Self-Regulatory Organizations; The                      will be an actively managed exchange-
                                                  comment form (http://www.sec.gov/                         NASDAQ Stock Market LLC; Notice of                      traded fund (‘‘ETF’’). The Shares will be
                                                  rules/sro.shtml); or                                      Filing of Proposed Rule Change to List                  offered by the Trust, which was
                                                    • Send an email to rule-comments@                       and Trade the Shares of the VanEck                      organized as a Delaware statutory trust
                                                  sec.gov. Please include File Number SR–                   Vectors Long/Flat Commodity ETF                         on March 15, 2001.5 The Trust is
                                                  NYSE–2016–46 on the subject line.                                                                                 registered with the Commission as an
                                                                                                            June 24, 2016.
                                                                                                                                                                    investment company and has filed a
                                                  Paper Comments                                               Pursuant to Section 19(b)(1) of the                  registration statement on Form N–1A
                                                                                                            Securities Exchange Act of 1934
                                                    • Send paper comments in triplicate                     (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                                                                                    (‘‘Registration Statement’’) with the
                                                  to Secretary, Securities and Exchange                                                                             Commission.6 The Fund is a series of
                                                                                                            notice is hereby given that on June 10,                 the Trust.
                                                  Commission, 100 F Street NE.,                             2016, The NASDAQ Stock Market LLC
                                                  Washington, DC 20549–1090.                                                                                           Van Eck Absolute Return Advisers
                                                                                                            (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the             Corporation will be the investment
                                                  All submissions should refer to File                      Securities and Exchange Commission                      adviser (‘‘Adviser’’) and the
                                                  Number SR–NYSE–2016–46. This file                         (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                  number should be included on the                          rule change as described in Items I and                    3 A Managed Fund Share is a security that

                                                  subject line if email is used. To help the                II below, which Items have been                         represents an interest in an investment company
                                                                                                            prepared by the Exchange. The                           registered under the Investment Company Act of
                                                  Commission process and review your                                                                                1940 (15 U.S.C. 80a–1) (the ‘‘1940 Act’’) organized
                                                  comments more efficiently, please use                     Commission is publishing this notice to                 as an open-end investment company or similar
                                                  only one method. The Commission will                      solicit comments on the proposed rule                   entity that invests in a portfolio of securities
                                                  post all comments on the Commission’s                     change from interested persons.                         selected by its investment adviser consistent with
                                                                                                                                                                    its investment objectives and policies. In contrast,
                                                  Internet Web site (http://www.sec.gov/                    I. Self-Regulatory Organization’s                       an open-end investment company that issues Index
                                                  rules/sro.shtml). Copies of the                           Statement of the Terms of Substance of                  Fund Shares, listed and traded on the Exchange
                                                  submission, all subsequent                                                                                        under Nasdaq Rule 5705, seeks to provide
                                                                                                            the Proposed Rule Change                                investment results that correspond generally to the
                                                  amendments, all written statements
                                                  with respect to the proposed rule                            The Exchange proposes to list and                    price and yield performance of a specific foreign or
                                                                                                                                                                    domestic stock index, fixed income securities index
                                                                                                            trade the shares of the VanEck Vectors
                                                  change that are filed with the                                                                                    or combination thereof.
                                                                                                            Long/Flat Commodity ETF (the
                                                  Commission, and all written                                                                                          4 The Commission approved Nasdaq Rule 5735 in
                                                                                                            ‘‘Fund’’), a series of VanEck Vectors ETF               Securities Exchange Act Release No. 57962 (June
                                                  communications relating to the
                                                                                                            Trust (‘‘Trust’’), under Nasdaq Rule                    13, 2008), 73 FR 35175 (June 20, 2008) (SR–
                                                  proposed rule change between the                                                                                  NASDAQ–2008–039). The Fund would not be the
                                                                                                            5735 (‘‘Managed Fund Shares’’). The
                                                  Commission and any person, other than                                                                             first actively-managed fund listed on the Exchange;
                                                                                                            shares of the Fund are collectively                     see Securities Exchange Act Release No. 66489
                                                  those that may be withheld from the
                                                                                                            referred to herein as the ‘‘Shares.’’                   (February 29, 2012), 77 FR 13379 (March 6, 2012)
                                                  public in accordance with the                                The text of the proposed rule change                 (SR–NASDAQ–2012–004) (order approving listing
                                                  provisions of 5 U.S.C. 552, will be                       is available at http://                                 and trading of WisdomTree Emerging Markets
                                                  available for Web site viewing and                        nasdaq.cchwallstreet.com/, at Nasdaq’s
                                                                                                                                                                    Corporate Bond Fund). The Exchange believes the
                                                  printing in the Commission’s Public                                                                               proposed rule change raises no significant issues
                                                                                                            principal office, and at the                            not previously addressed in those prior
                                                  Reference Room, 100 F Street NE.,                         Commission’s Public Reference Room.                     Commission orders.
                                                  Washington, DC 20549 on official                                                                                     5 The Commission has issued an order granting

                                                  business days between the hours of                        II. Self-Regulatory Organization’s                      certain exemptive relief to the Trust under the 1940
                                                  10:00 a.m. and 3:00 p.m. Copies of the                    Statement of the Purpose of, and                        Act (the ‘‘Exemptive Order’’). See Investment
                                                                                                                                                                    Company Act Release No. 29571 (January 24, 2011)
                                                  filing also will be available for                         Statutory Basis for, the Proposed Rule                  (File No. 812–13601). In compliance with Nasdaq
                                                  inspection and copying at the principal                   Change                                                  Rule 5735(b)(5), which applies to Managed Fund
                                                  office of the Exchange. All comments                         In its filing with the Commission, the               Shares based on an international or global portfolio,
                                                  received will be posted without change;                                                                           the Trust’s application for exemptive relief under
                                                                                                            Exchange included statements                            the 1940 Act states that the Fund will comply with
                                                  the Commission does not edit personal                     concerning the purpose of and basis for                 the federal securities laws in accepting securities
                                                  identifying information from                              the proposed rule change and discussed                  for deposits and satisfying redemptions with
                                                  submissions. You should submit only                                                                               redemption securities, including that the securities
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                            any comments it received on the                         accepted for deposits and the securities used to
                                                  information that you wish to make                         proposed rule change. The text of these                 satisfy redemption requests are sold in transactions
                                                  available publicly. All submissions                       statements may be examined at the                       that would be exempt from registration under the
                                                  should refer to File Number SR–NYSE–                      places specified in Item IV below. The                  Securities Act of 1933 (15 U.S.C. 77a).
                                                  2016–46 and should be submitted on or                     Exchange has prepared summaries, set
                                                                                                                                                                       6 See Registration Statement on Form N–1A for

                                                  before July 21, 2016.                                                                                             the Trust, dated November 12, 2015 (File Nos. 333–
                                                                                                                                                                    123257 and 811–10325). The descriptions of the
                                                                                                              1 15   U.S.C. 78s(b)(1).                              Fund and the Shares contained herein are based, in
                                                    16 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                 part, on information in the Registration Statement.



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Document Created: 2018-02-08 07:44:54
Document Modified: 2018-02-08 07:44:54
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 42766 

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