81_FR_46265 81 FR 46129 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Rule 3.3 To Delete an Outdated Reference

81 FR 46129 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Rule 3.3 To Delete an Outdated Reference

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 136 (July 15, 2016)

Page Range46129-46130
FR Document2016-16721

Federal Register, Volume 81 Issue 136 (Friday, July 15, 2016)
[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Notices]
[Pages 46129-46130]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16721]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78280; File No. SR-NYSEArca-2016-91]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca 
Rule 3.3 To Delete an Outdated Reference

July 11, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'' or ``Exchange Act'') \2\ and Rule 19b-4 
thereunder,\3\ notice is hereby given that on June 28, 2016, NYSE Arca, 
Inc. (the ``Exchange'' or ``NYSE Arca'') 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 Exchange. The Exchange has designated this proposal as a ``non-
controversial'' proposed rule change pursuant to Section 19(b)(3)(A) of 
the Act \4\ and Rule 19b-4(f)(6)(iii) thereunder,\5\ which renders it 
effective upon filing with the Commission. 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.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Rule 3.3 (Board 
Committees) to delete an outdated reference. 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
    The Exchange proposes to amend NYSE Arca Rule 3.3(a)(1)(B) to 
delete an outdated reference to ``a director of NYSE Regulation, Inc. 
that satisfies the Public Director requirements set forth in Section 
3.02(a) of the Bylaws of the Exchange.''
    In 2015, the Exchange amended, among other rules, Rule 3.3 in order 
to establish a Regulatory Oversight Committee (``ROC'') as a committee 
of the SRO Board.\6\ At the time, the Exchange's regulatory functions 
were performed by NYSE Regulation, Inc. (``NYSE Regulation''), a former 
subsidiary of the Exchange's affiliate New York Stock Exchange LLC 
(``NYSE''), pursuant to an intercompany Regulatory Service Agreement 
(``RSA'').\7\ When the Exchange's ROC was created, Rule 3.3(a)(1)(B) 
was amended to provide that the ROC would consist of at least three 
members, each of whom would be a director of either the Exchange or of 
NYSE Regulation and who satisfied the independence requirements of the 
Exchange.\8\
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    \6\ See Securities Exchange Act Release No. 75155 (June 11, 
2015), 80 FR 34744 (June 17, 2015) (SR-NYSEArca-2015-29) (``NYSE 
Arca ROC Approval Order'').
    \7\ See id., at 34744 & n.7; see also Securities Exchange Act 
Release No. 75991 (September 28, 2015), 80 FR 59837 (October 2, 
2015) (SR-NYSE-2015-27).
    \8\ See NYSE Arca ROC Approval Order, 80 FR at 34744. Article 
III, Section 3.02(a) of the Exchange's Bylaws requires that at least 
50% of the Exchange's directors be public directors, defined as 
``persons from the public and [who] will not be, or be affiliated 
with, a broker-dealer in securities or employed by, or involved in 
any material business relationship with, the Exchange or its 
affiliates.'' The Exchange believes that the Bylaw requirements for 
``public directors'' establish the Exchange's criteria for director 
independence, and therefore serve the same purpose as the NYSE and 
NYSE MKT Independence Policies. See Securities Exchange Act Release 
Nos. 74824 (April 28, 2015), 80 FR 25347, 25348 n.6 (May 4, 2015) 
(SR-NYSEArca-2015-29) (``Notice''); NYSE Arca ROC Approval Order, 80 
FR at 34744. See also Securities Exchange Act Release No. 67564 
(August 1, 2012), 77 FR 47161 (August 7, 2012) (SR-NYSE-2012-17); 
SR-NYSEArca-2012-59; SR-NYSEMKT-2012-07) (approving NYSE's and NYSE 
MKT's director independence policy).
---------------------------------------------------------------------------

    The intercompany RSA terminated on February 16, 2016. As of that 
date, NYSE Regulation ceased to provide regulatory services to the 
Exchange, which re-integrated its regulatory functions. NYSE Regulation 
has also since been merged out of existence. The reference to a 
director of NYSE Regulation in Rule 3.3 is thus obsolete. The ROC 
currently consists of Exchange directors that satisfy the Exchange's 
independence requirements.\9\ To effectuate the proposed change, the 
Exchange would delete the phrase ``or a director of NYSE Regulation, 
Inc. that satisfies the Public Director requirements set forth in 
Section 3.02(a) of the Bylaws of the Exchange'' in Rule 3.3(a)(1)(B).
---------------------------------------------------------------------------

    \9\ See note 8, supra.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Exchange Act \10\ in general, and with Section 
6(b)(5) \11\ 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 and, in general, help to protect 
investors and the public interest. Specifically, the Exchange believes 
that replacing the reference to a director of NYSE

[[Page 46130]]

Regulation in Rule 3.3(a)(1)(B) removes impediments to and perfects the 
mechanism of a free and open market by removing confusion that may 
result from having obsolete references in the Exchange's rulebook. The 
Exchange further believes that the proposal removes impediments to and 
perfects the mechanism of a free and open market by ensuring that 
persons subject to the Exchange's jurisdiction, regulators, and the 
investing public can more easily navigate and understand the Exchange's 
rulebook. The Exchange believes that eliminating an obsolete reference 
would not be inconsistent with the public interest and the protection 
of investors because investors will not be harmed and in fact would 
benefit from increased transparency, thereby reducing potential 
confusion. Removing such obsolete references will also further the goal 
of transparency and add clarity to the Exchange's rules.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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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 Exchange Act. The proposed rule 
change is not intended to address competitive issues but rather to 
delete obsolete references, thereby increasing transparency, reducing 
confusion, and making the Exchange's rules easier to understand and 
navigate.

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 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.\12\
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    \12\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to 
give the Commission written notice of the Exchange's 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 Exchange has satisfied this 
requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, Rule 19b-4(f)(6)(iii) \14\ permits the Commission to 
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. The Exchange states that 
the proposed rule change benefits persons subject to the Exchange's 
jurisdiction, regulators, and the investing public by making the 
Exchange's rulebook easier to navigate and understand by deleting an 
obsolete reference.\15\
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ See supra Section II.A.2.
---------------------------------------------------------------------------

    The Commission believes that waiver of the 30-day operative delay 
is consistent with the protection of investors and the public interest. 
The proposal will reduce confusion and add clarity to the Exchange's 
rulebook by removing an outdated reference. Accordingly, the Commission 
hereby waives the 30-day operative delay and designates the proposed 
rule change as operative upon filing.\16\
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    \16\ For purposes only of waiving the 30-day operative delay, 
the Commission has also 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)\17\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \17\ 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-NYSEArca-2016-91 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-2016-91. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal 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-2016-91, and should 
be submitted on or before August 5, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
Robert W. Errett,
Deputy Secretary.
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    \18\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2016-16721 Filed 7-14-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices                                                      46129

                                                amendments, all written statements                       of the Act 4 and Rule 19b–4(f)(6)(iii)                  was created, Rule 3.3(a)(1)(B) was
                                                with respect to the proposed rule                        thereunder,5 which renders it effective                 amended to provide that the ROC would
                                                change that are filed with the                           upon filing with the Commission. The                    consist of at least three members, each
                                                Commission, and all written                              Commission is publishing this notice to                 of whom would be a director of either
                                                communications relating to the                           solicit comments on the proposed rule                   the Exchange or of NYSE Regulation
                                                proposed rule change between the                         change from interested persons.                         and who satisfied the independence
                                                Commission and any person, other than                                                                            requirements of the Exchange.8
                                                                                                         I. Self-Regulatory Organization’s                          The intercompany RSA terminated on
                                                those that may be withheld from the
                                                                                                         Statement of the Terms of the Substance                 February 16, 2016. As of that date,
                                                public in accordance with the
                                                                                                         of the Proposed Rule Change                             NYSE Regulation ceased to provide
                                                provisions of 5 U.S.C. 552, will be
                                                available for Web site viewing and                          The Exchange proposes to amend                       regulatory services to the Exchange,
                                                printing in the Commission’s Public                      NYSE Arca Rule 3.3 (Board Committees)                   which re-integrated its regulatory
                                                Reference Room, 100 F Street NE.,                        to delete an outdated reference. The                    functions. NYSE Regulation has also
                                                Washington, DC 20549, on official                        proposed rule change is available on the                since been merged out of existence. The
                                                business days between the hours of                       Exchange’s Web site at www.nyse.com,                    reference to a director of NYSE
                                                10:00 a.m. and 3:00 p.m. Copies of the                   at the principal office of the Exchange,                Regulation in Rule 3.3 is thus obsolete.
                                                filing also will be available for                        and at the Commission’s Public                          The ROC currently consists of Exchange
                                                inspection and copying at the principal                  Reference Room.                                         directors that satisfy the Exchange’s
                                                office of the Exchange. All comments                     II. Self-Regulatory Organization’s                      independence requirements.9 To
                                                received will be posted without change;                  Statement of the Purpose of, and                        effectuate the proposed change, the
                                                the Commission does not edit personal                    Statutory Basis for, the Proposed Rule                  Exchange would delete the phrase ‘‘or a
                                                identifying information from                             Change                                                  director of NYSE Regulation, Inc. that
                                                submissions. You should submit only                                                                              satisfies the Public Director
                                                information that you wish to make                           In its filing with the Commission, the               requirements set forth in Section 3.02(a)
                                                available publicly. All submissions                      self-regulatory organization included                   of the Bylaws of the Exchange’’ in Rule
                                                should refer to File Number SR–BX–                       statements concerning the purpose of,                   3.3(a)(1)(B).
                                                2016–041 and should be submitted on                      and basis for, the proposed rule change
                                                                                                         and discussed any comments it received                  2. Statutory Basis
                                                or before August 5, 2016.
                                                                                                         on the proposed rule change. The text                      The Exchange believes that the
                                                  For the Commission, by the Division of                 of those statements may be examined at
                                                Trading and Markets, pursuant to delegated
                                                                                                                                                                 proposed rule change is consistent with
                                                authority.7
                                                                                                         the places specified in Item IV below.                  Section 6(b) of the Exchange Act 10 in
                                                                                                         The Exchange has prepared summaries,                    general, and with Section 6(b)(5) 11 in
                                                Robert W. Errett,
                                                                                                         set forth in sections A, B, and C below,                particular, in that it is designed to
                                                Deputy Secretary.                                        of the most significant parts of such                   prevent fraudulent and manipulative
                                                [FR Doc. 2016–16719 Filed 7–14–16; 8:45 am]              statements.                                             acts and practices, to promote just and
                                                BILLING CODE 8011–01–P
                                                                                                         A. Self-Regulatory Organization’s                       equitable principles of trade, to foster
                                                                                                         Statement of the Purpose of, and                        cooperation and coordination with
                                                                                                         Statutory Basis for, the Proposed Rule                  persons engaged in facilitating
                                                SECURITIES AND EXCHANGE
                                                                                                         Change                                                  transactions in securities, and to remove
                                                COMMISSION
                                                                                                                                                                 impediments to and perfect the
                                                [Release No. 34–78280; File No. SR–                      1. Purpose                                              mechanism of a free and open market
                                                NYSEArca–2016–91]                                           The Exchange proposes to amend                       and a national market system and, in
                                                                                                         NYSE Arca Rule 3.3(a)(1)(B) to delete an                general, help to protect investors and
                                                Self-Regulatory Organizations; NYSE                                                                              the public interest. Specifically, the
                                                                                                         outdated reference to ‘‘a director of
                                                Arca, Inc.; Notice of Filing and                                                                                 Exchange believes that replacing the
                                                                                                         NYSE Regulation, Inc. that satisfies the
                                                Immediate Effectiveness of Proposed                                                                              reference to a director of NYSE
                                                                                                         Public Director requirements set forth in
                                                Rule Change Amending NYSE Arca
                                                                                                         Section 3.02(a) of the Bylaws of the
                                                Rule 3.3 To Delete an Outdated                                                                                   2015), 80 FR 59837 (October 2, 2015) (SR–NYSE–
                                                                                                         Exchange.’’
                                                Reference                                                                                                        2015–27).
                                                                                                            In 2015, the Exchange amended,                          8 See NYSE Arca ROC Approval Order, 80 FR at
                                                July 11, 2016.                                           among other rules, Rule 3.3 in order to                 34744. Article III, Section 3.02(a) of the Exchange’s
                                                   Pursuant to Section 19(b)(1) 1 of the                 establish a Regulatory Oversight                        Bylaws requires that at least 50% of the Exchange’s
                                                Securities Exchange Act of 1934 (the                     Committee (‘‘ROC’’) as a committee of                   directors be public directors, defined as ‘‘persons
                                                                                                         the SRO Board.6 At the time, the                        from the public and [who] will not be, or be
                                                ‘‘Act’’ or ‘‘Exchange Act’’) 2 and Rule                                                                          affiliated with, a broker-dealer in securities or
                                                19b–4 thereunder,3 notice is hereby                      Exchange’s regulatory functions were                    employed by, or involved in any material business
                                                given that on June 28, 2016, NYSE Arca,                  performed by NYSE Regulation, Inc.                      relationship with, the Exchange or its affiliates.’’
                                                Inc. (the ‘‘Exchange’’ or ‘‘NYSE Arca’’)                 (‘‘NYSE Regulation’’), a former                         The Exchange believes that the Bylaw requirements
                                                                                                                                                                 for ‘‘public directors’’ establish the Exchange’s
                                                filed with the Securities and Exchange                   subsidiary of the Exchange’s affiliate                  criteria for director independence, and therefore
                                                Commission (the ‘‘Commission’’) the                      New York Stock Exchange LLC                             serve the same purpose as the NYSE and NYSE
                                                proposed rule change as described in                     (‘‘NYSE’’), pursuant to an intercompany                 MKT Independence Policies. See Securities
                                                Items I and II below, which Items have                   Regulatory Service Agreement                            Exchange Act Release Nos. 74824 (April 28, 2015),
                                                                                                                                                                 80 FR 25347, 25348 n.6 (May 4, 2015) (SR–
                                                been prepared by the Exchange. The                       (‘‘RSA’’).7 When the Exchange’s ROC                     NYSEArca–2015–29) (‘‘Notice’’); NYSE Arca ROC
sradovich on DSK3GMQ082PROD with NOTICES




                                                Exchange has designated this proposal                                                                            Approval Order, 80 FR at 34744. See also Securities
                                                                                                              4 15
                                                                                                                 U.S.C. 78s(b)(3)(A).
                                                as a ‘‘non-controversial’’ proposed rule                                                                         Exchange Act Release No. 67564 (August 1, 2012),
                                                                                                              5 17
                                                                                                                 CFR 240.19b–4(f)(6)(iii).                       77 FR 47161 (August 7, 2012) (SR–NYSE–2012–17);
                                                change pursuant to Section 19(b)(3)(A)                      6 See Securities Exchange Act Release No. 75155      SR–NYSEArca–2012–59; SR–NYSEMKT–2012–07)
                                                                                                         (June 11, 2015), 80 FR 34744 (June 17, 2015) (SR–       (approving NYSE’s and NYSE MKT’s director
                                                  7 17 CFR 200.30–3(a)(12).                                                                                      independence policy).
                                                                                                         NYSEArca–2015–29) (‘‘NYSE Arca ROC Approval
                                                  1 15 U.S.C. 78s(b)(1).                                                                                            9 See note 8, supra.
                                                                                                         Order’’).
                                                  2 15 U.S.C. 78a.                                          7 See id., at 34744 & n.7; see also Securities          10 15 U.S.C. 78f(b).
                                                  3 17 CFR 240.19b–4.                                    Exchange Act Release No. 75991 (September 28,              11 15 U.S.C. 78f(b)(5).




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                                                46130                            Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices

                                                Regulation in Rule 3.3(a)(1)(B) removes                     A proposed rule change filed under                   Electronic Comments
                                                impediments to and perfects the                          Rule 19b–4(f)(6) 13 normally does not
                                                mechanism of a free and open market by                   become operative prior to 30 days after                   • Use the Commission’s Internet
                                                removing confusion that may result                       the date of the filing. However, Rule                   comment form (http://www.sec.gov/
                                                from having obsolete references in the                   19b–4(f)(6)(iii) 14 permits the                         rules/sro.shtml); or
                                                Exchange’s rulebook. The Exchange                        Commission to designate a shorter time                    • Send an email to rule-comments@
                                                further believes that the proposal                       if such action is consistent with the                   sec.gov. Please include File Number SR–
                                                removes impediments to and perfects                      protection of investors and the public                  NYSEArca–2016–91 on the subject line.
                                                the mechanism of a free and open                         interest. The Exchange has asked the
                                                market by ensuring that persons subject                  Commission to waive the 30-day                          Paper Comments
                                                to the Exchange’s jurisdiction,                          operative delay so that the proposal may
                                                                                                                                                                   • Send paper comments in triplicate
                                                regulators, and the investing public can                 become operative immediately upon
                                                                                                                                                                 to Secretary, Securities and Exchange
                                                more easily navigate and understand the                  filing. The Exchange states that the
                                                Exchange’s rulebook. The Exchange                        proposed rule change benefits persons                   Commission, 100 F Street NE.,
                                                believes that eliminating an obsolete                    subject to the Exchange’s jurisdiction,                 Washington, DC 20549–1090.
                                                reference would not be inconsistent                      regulators, and the investing public by                 All submissions should refer to File
                                                with the public interest and the                         making the Exchange’s rulebook easier                   Number SR–NYSEArca–2016–91. This
                                                protection of investors because investors                to navigate and understand by deleting                  file number should be included on the
                                                will not be harmed and in fact would                     an obsolete reference.15                                subject line if email is used. To help the
                                                benefit from increased transparency,                        The Commission believes that waiver                  Commission process and review your
                                                thereby reducing potential confusion.                    of the 30-day operative delay is                        comments more efficiently, please use
                                                Removing such obsolete references will                   consistent with the protection of                       only one method. The Commission will
                                                also further the goal of transparency and                investors and the public interest. The                  post all comments on the Commission’s
                                                add clarity to the Exchange’s rules.                     proposal will reduce confusion and add                  Internet Web site (http://www.sec.gov/
                                                B. Self-Regulatory Organization’s                        clarity to the Exchange’s rulebook by                   rules/sro.shtml). Copies of the
                                                Statement on Burden on Competition                       removing an outdated reference.
                                                                                                                                                                 submission, all subsequent
                                                                                                         Accordingly, the Commission hereby
                                                  The Exchange does not believe that                                                                             amendments, all written statements
                                                                                                         waives the 30-day operative delay and
                                                the proposed rule change will impose                     designates the proposed rule change as                  with respect to the proposed rule
                                                any burden on competition that is not                    operative upon filing.16                                change that are filed with the
                                                necessary or appropriate in furtherance                                                                          Commission, and all written
                                                                                                            At any time within 60 days of the
                                                of the purposes of the Exchange Act.                                                                             communications relating to the
                                                                                                         filing of such proposed rule change, the
                                                The proposed rule change is not                                                                                  proposed rule change between the
                                                                                                         Commission summarily may
                                                intended to address competitive issues                   temporarily suspend such rule change if                 Commission and any person, other than
                                                but rather to delete obsolete references,                it appears to the Commission that such                  those that may be withheld from the
                                                thereby increasing transparency,                         action is necessary or appropriate in the               public in accordance with the
                                                reducing confusion, and making the                       public interest, for the protection of                  provisions of 5 U.S.C. 552, will be
                                                Exchange’s rules easier to understand                    investors, or otherwise in furtherance of               available for Web site viewing and
                                                and navigate.                                            the purposes of the Act. If the                         printing in the Commission’s Public
                                                C. Self-Regulatory Organization’s                        Commission takes such action, the                       Reference Room, 100 F Street NE.,
                                                Statement on Comments on the                             Commission shall institute proceedings                  Washington, DC 20549 on official
                                                Proposed Rule Change Received From                       under Section 19(b)(2)(B)17 of the Act to               business days between the hours of
                                                Members, Participants, or Others                         determine whether the proposed rule                     10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                         change should be approved or                            filing also will be available for
                                                  No written comments were solicited
                                                                                                         disapproved.                                            inspection and copying at the principal
                                                or received with respect to the proposed
                                                rule change.                                             IV. Solicitation of Comments                            office of the Exchange. All comments
                                                                                                                                                                 received will be posted without change;
                                                III. Date of Effectiveness of the                          Interested persons are invited to                     the Commission does not edit personal
                                                Proposed Rule Change and Timing for                      submit written data, views, and                         identifying information from
                                                Commission Action                                        arguments concerning the foregoing,                     submissions. You should submit only
                                                   Because the proposed rule change                      including whether the proposed rule                     information that you wish to make
                                                does not: (i) Significantly affect the                   change is consistent with the Act.                      available publicly. All submissions
                                                protection of investors or the public                    Comments may be submitted by any of                     should refer to File Number SR–
                                                interest; (ii) impose any significant                    the following methods:                                  NYSEArca–2016–91, and should be
                                                burden on competition; and (iii) become                                                                          submitted on or before August 5, 2016.
                                                operative prior to 30 days from the date                 change, along with a brief description and text of
                                                                                                         the proposed rule change, at least five business days     For the Commission, by the Division of
                                                on which it was filed, or such shorter                   prior to the date of filing of the proposed rule        Trading and Markets, pursuant to delegated
                                                time as the Commission may designate,                    change, or such shorter time as designated by the       authority.18
                                                if consistent with the protection of                     Commission. The Exchange has satisfied this
                                                                                                         requirement.                                            Robert W. Errett,
                                                investors and the public interest, the
sradovich on DSK3GMQ082PROD with NOTICES




                                                proposed rule change has become
                                                                                                            13 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                 Deputy Secretary.
                                                                                                            14 17 CFR 240.19b–4(f)(6)(iii).
                                                effective pursuant to Section 19(b)(3)(A)                   15 See supra Section II.A.2.
                                                                                                                                                                 [FR Doc. 2016–16721 Filed 7–14–16; 8:45 am]
                                                of the Act and Rule 19b–4(f)(6)(iii)                        16 For purposes only of waiving the 30-day           BILLING CODE 8011–01–P
                                                thereunder.12                                            operative delay, the Commission has also
                                                                                                         considered the proposed rule’s impact on
                                                  12 In addition, Rule 19b–4(f)(6)(iii) requires the     efficiency, competition, and capital formation. See
                                                Exchange to give the Commission written notice of        15 U.S.C. 78c(f).
                                                the Exchange’s intent to file the proposed rule             17 15 U.S.C. 78s(b)(2)(B).                             18 17   CFR 200.30–3(a)(12).



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Document Created: 2016-07-15 02:53:11
Document Modified: 2016-07-15 02:53:11
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 46129 

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