81_FR_4743 81 FR 4726 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Exchange's Schedule of Fees and Charges To Define the Term “Exchange Traded Products” and To Provide for the Proration of Annual Fees Applicable to Exchange Traded Products That Have Liquidated

81 FR 4726 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Exchange's Schedule of Fees and Charges To Define the Term “Exchange Traded Products” and To Provide for the Proration of Annual Fees Applicable to Exchange Traded Products That Have Liquidated

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 17 (January 27, 2016)

Page Range4726-4728
FR Document2016-01668

Federal Register, Volume 81 Issue 17 (Wednesday, January 27, 2016)
[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Notices]
[Pages 4726-4728]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01668]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76969; File No. SR-NYSEArca-2016-13]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending the 
Exchange's Schedule of Fees and Charges To Define the Term ``Exchange 
Traded Products'' and To Provide for the Proration of Annual Fees 
Applicable to Exchange Traded Products That Have Liquidated

January 22, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on January 14, 2016, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE 
Arca'') filed with the Securities and Exchange Commission (``SEC'' or 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange.\3\ 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\ 17 CFR 240.19b-4.
    \3\ The Exchange originally filed this proposed rule change on 
December 23, 2015 under File No. SR-NYSEArca-2015-126, and the 
Exchange subsequently withdrew that filing on January 5, 2016. The 
Exchange refiled this proposed rule change on January 5, 2016 under 
File No. SR-NYSEArca-2016-07. The Exchange subsequently withdrew 
that filing on January 14, 2016 and filed this filing.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's Schedule of Fees and 
Charges to define the term ``Exchange Traded Products'' and to provide 
for the proration of Annual Fees applicable to Exchange Traded Products 
that have liquidated. 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 amend its Schedule of Fees and Charges for 
NYSE Arca Equities listing fees (``Schedule'') to define the term 
``Exchange Traded Products,'' to revise the Annual Fees paid by issuers 
of Exchange Traded Products, and to make technical, non-substantive 
changes to the Schedule.
    The term ``Derivative Securities Products'' is currently defined in 
Footnote 3 of the Schedule to mean the securities described in NYSE 
Arca Equities Rules 5.2(j)(3) (Investment Company Units); 8.100 
(Portfolio Depositary Receipts); 8.200 (Trust Issued Receipts); 8.201 
(Commodity-Based Trust Shares); 8.202 (Currency Trust Shares); 8.203 
(Commodity Index Trust Shares); 8.204 (Commodity Futures Trust Shares); 
8.300 (Partnership Units); 8.500 (Trust Units); 8.600 (Managed Fund 
Shares), and 8.700 (Managed Trust Securities). The Exchange proposes to 
replace the term ``Derivative Securities Products'' with the term 
``Exchange Traded Products'' as a term that is more commonly used by 
investors and the public with respect to the equity securities that 
list and trade on the Exchange and distinguishes them from derivatives, 
such as futures or swaps. To effect this change, the Exchange proposes 
to amend footnote 3 of the Schedule and to replace the term 
``Derivative Securities Products'' with the term ``Exchange Traded 
Products'' throughout the Schedule.
    The Schedule includes ``Annual Fees'' payable by issuers of 
Exchange Traded Products listed on the Exchange. Pursuant to Footnote 8 
of the Schedule, issuers are subject to Annual Fees in the year of 
listing, pro-rated based on days listed that calendar year. The Annual 
Fees for Exchange Traded Products are billed in January for the 
forthcoming

[[Page 4727]]

year. Currently, when an Exchange Traded Product liquidates, and as a 
result, is delisted from the Exchange, the issuer is responsible for 
the full year's Annual Fee as billed in January. The issuer receives no 
refund for amounts paid or reduction of amounts payable even though the 
Exchange Traded Product has liquidated.
    The Exchange proposes to amend Footnote 8 of the Schedule to 
provide that the Annual Fees applicable to Exchange Traded Products 
that have liquidated and as a result are delisted from the Exchange 
will be prorated for the portion of the calendar year that such issue 
was listed on the Exchange, based on days listed that calendar year. 
Thus, for example, if the issuer of an Exchange Traded Product has paid 
an Annual Fee of $20,000 as billed in January and such issue is 
liquidated and then delisted from the Exchange on June 30, the issuer 
would receive a refund of $10,000, which represents a pro rata credit 
of Annual Fees owed for the year.
    Notwithstanding the proposed proration of the Annual Fees for 
Exchange Traded Products, the Exchange will continue to be able to fund 
its regulatory obligations.
    The Exchange also proposes non-substantive amendments to the 
Schedule. First, the Exchange proposes to add the operative date to the 
Schedule, which, for this filing, would be January 14, 2016. Second, 
the Exchange proposes to delete the last two sentences of Commentary .4 
to the Schedule, which refer to the transfer of securities from NYSE 
Alternext US to NYSE Arca, which occurred in 2008, and therefore is 
outdated text.
2. Statutory Basis
    NYSE Arca believes that the proposal is consistent with Section 
6(b) \4\ of the Act, in general, and Section 6(b)(4) \5\ of the Act in 
particular, in that it provides for the equitable allocation of 
reasonable dues, fees and other charges among its issuers and other 
persons using its facilities. In addition, the Exchange believes the 
proposal is consistent with the requirement under Section 6(b)(5) \6\ 
that an exchange have rules that are designed to prevent fraudulent and 
manipulative acts and practices, to promote just and equitable 
principles of trade, to remove impediments to, and perfect the 
mechanism of a free and open market and, in general, to protect 
investors and the public interest.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that adding the operative date will clarify 
the Schedule by specifying the date as of which the most recent changes 
to the Schedule apply. Replacing the term ``Derivative Securities 
Products'' with the term ``Exchange Traded Products'' will remove 
impediments to and perfect the mechanism of a free and open market by 
using a term commonly used by the public and investors to refer to the 
products that are listed on the Exchange. The Exchange further believes 
that using the term ``Exchange Traded Products'' will promote 
transparency in Exchange rules by distinguishing the equity securities 
that list and trade on the Exchange from derivatives, such as futures 
or swaps. In addition, the deletion of the last two sentences of 
Commentary .4 to the Schedule will eliminate outdated text.
    The Exchange further believes that the proposed pro rata reduction 
of the Annual Fees as a result of liquidation and termination of an 
issue of Exchange Traded Products is equitable and does not unfairly 
discriminate between issuers because it would apply uniformly to all 
Exchange Traded Products and issuers of such products. The Exchange 
believes such reduction is reasonable in that it constitutes a 
potential reduction in Annual Fees for issues that are liquidated, and 
therefore are no longer collecting a management fee to pay for such 
expenses. Notwithstanding the proposed proration of the Annual Fees for 
Exchange Traded Products, the Exchange will continue to be able to fund 
its regulatory obligations.

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 purpose of the Act. The Exchange believes the 
proposed rule change would promote competition because it will permit 
the Exchange to better compete with other exchanges with respect to 
fees charged in connection with listing Exchange Traded Products.

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 foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \7\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \8\ thereunder, because it establishes a due, fee, or other charge 
imposed by the Exchange.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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) \9\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \9\ 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-2016-13 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-2016-13. 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

[[Page 4728]]

printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEArca-2016-13, and should 
be submitted on or before February 17, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-01668 Filed 1-26-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    4726                       Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices

                                                    IV. Solicitation of Comments                              For the Commission, by the Division of               II. Self-Regulatory Organization’s
                                                                                                            Trading and Markets, pursuant to delegated             Statement of the Purpose of, and
                                                      Interested persons are invited to                     authority.10                                           Statutory Basis for, the Proposed Rule
                                                    submit written data, views, and                         Brent J. Fields,                                       Change
                                                    arguments concerning the foregoing,                     Secretary.                                                In its filing with the Commission, the
                                                    including whether the proposed rule                     [FR Doc. 2016–01665 Filed 1–26–16; 8:45 am]            self-regulatory organization included
                                                    change is consistent with the Act.                      BILLING CODE 8011–01–P                                 statements concerning the purpose of,
                                                    Comments may be submitted by any of                                                                            and basis for, the proposed rule change
                                                    the following methods:                                                                                         and discussed any comments it received
                                                                                                            SECURITIES AND EXCHANGE                                on the proposed rule change. The text
                                                    Electronic Comments                                     COMMISSION                                             of those statements may be examined at
                                                      • Use the Commission’s Internet                                                                              the places specified in Item IV below.
                                                    comment form (http://www.sec.gov/                       [Release No. 34–76969; File No. SR–                    The Exchange has prepared summaries,
                                                    rules/sro.shtml); or                                    NYSEArca–2016–13]                                      set forth in sections A, B, and C below,
                                                                                                                                                                   of the most significant parts of such
                                                      • Send an email to rule-comments@                     Self-Regulatory Organizations; NYSE                    statements.
                                                    sec.gov. Please include File Number SR–                 Arca, Inc.; Notice of Filing and
                                                    Phlx–2016–06 on the subject line.                       Immediate Effectiveness of Proposed                    A. Self-Regulatory Organization’s
                                                                                                            Rule Change Amending the                               Statement of the Purpose of, and the
                                                    Paper Comments                                                                                                 Statutory Basis for, the Proposed Rule
                                                                                                            Exchange’s Schedule of Fees and
                                                      • Send paper comments in triplicate                   Charges To Define the Term                             Change
                                                    to Secretary, Securities and Exchange                   ‘‘Exchange Traded Products’’ and To                    1. Purpose
                                                    Commission, 100 F Street NE.,                           Provide for the Proration of Annual
                                                                                                            Fees Applicable to Exchange Traded                        The Exchange proposes to amend its
                                                    Washington, DC 20549–1090.                                                                                     Schedule of Fees and Charges for NYSE
                                                                                                            Products That Have Liquidated
                                                    All submissions should refer to File                                                                           Arca Equities listing fees (‘‘Schedule’’)
                                                    Number SR–Phlx–2016–06. This file                       January 22, 2016.                                      to define the term ‘‘Exchange Traded
                                                    number should be included on the                                                                               Products,’’ to revise the Annual Fees
                                                                                                               Pursuant to Section 19(b)(1) of the
                                                    subject line if email is used. To help the                                                                     paid by issuers of Exchange Traded
                                                                                                            Securities Exchange Act of 1934
                                                                                                                                                                   Products, and to make technical, non-
                                                    Commission process and review your                      (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                                                                                   substantive changes to the Schedule.
                                                    comments more efficiently, please use                   notice is hereby given that on January                    The term ‘‘Derivative Securities
                                                    only one method. The Commission will                    14, 2016, NYSE Arca, Inc. (the                         Products’’ is currently defined in
                                                    post all comments on the Commission’s                   ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with              Footnote 3 of the Schedule to mean the
                                                    Internet Web site (http://www.sec.gov/                  the Securities and Exchange                            securities described in NYSE Arca
                                                    rules/sro.shtml). Copies of the                         Commission (‘‘SEC’’ or ‘‘Commission’’)                 Equities Rules 5.2(j)(3) (Investment
                                                    submission, all subsequent                              the proposed rule change as described                  Company Units); 8.100 (Portfolio
                                                    amendments, all written statements                      in Items I, II, and III below, which Items             Depositary Receipts); 8.200 (Trust
                                                    with respect to the proposed rule                       have been prepared by the Exchange.3                   Issued Receipts); 8.201 (Commodity-
                                                    change that are filed with the                          The Commission is publishing this                      Based Trust Shares); 8.202 (Currency
                                                    Commission, and all written                             notice to solicit comments on the                      Trust Shares); 8.203 (Commodity Index
                                                                                                            proposed rule change from interested                   Trust Shares); 8.204 (Commodity
                                                    communications relating to the
                                                                                                            persons.                                               Futures Trust Shares); 8.300
                                                    proposed rule change between the
                                                    Commission and any person, other than                   I. Self-Regulatory Organization’s                      (Partnership Units); 8.500 (Trust Units);
                                                    those that may be withheld from the                     Statement of the Terms of Substance of                 8.600 (Managed Fund Shares), and
                                                    public in accordance with the                           the Proposed Rule Change                               8.700 (Managed Trust Securities). The
                                                    provisions of 5 U.S.C. 552, will be                                                                            Exchange proposes to replace the term
                                                                                                               The Exchange proposes to amend the                  ‘‘Derivative Securities Products’’ with
                                                    available for Web site viewing and
                                                                                                            Exchange’s Schedule of Fees and                        the term ‘‘Exchange Traded Products’’
                                                    printing in the Commission’s Public                     Charges to define the term ‘‘Exchange
                                                    Reference Room, 100 F Street NE.,                                                                              as a term that is more commonly used
                                                                                                            Traded Products’’ and to provide for the               by investors and the public with respect
                                                    Washington, DC 20549, on official                       proration of Annual Fees applicable to
                                                    business days between the hours of                                                                             to the equity securities that list and
                                                                                                            Exchange Traded Products that have                     trade on the Exchange and distinguishes
                                                    10:00 a.m. and 3:00 p.m. Copies of the                  liquidated. The proposed rule change is                them from derivatives, such as futures
                                                    filing also will be available for                       available on the Exchange’s Web site at                or swaps. To effect this change, the
                                                    inspection and copying at the principal                 www.nyse.com, at the principal office of               Exchange proposes to amend footnote 3
                                                    office of the Exchange. All comments                    the Exchange, and at the Commission’s                  of the Schedule and to replace the term
                                                    received will be posted without change;                 Public Reference Room.                                 ‘‘Derivative Securities Products’’ with
                                                    the Commission does not edit personal                                                                          the term ‘‘Exchange Traded Products’’
                                                    identifying information from                              10 17  CFR 200.30–3(a)(12).                          throughout the Schedule.
                                                    submissions. You should submit only                       1 15  U.S.C. 78s(b)(1).                                 The Schedule includes ‘‘Annual
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                              2 17 CFR 240.19b–4.
                                                    information that you wish to make                                                                              Fees’’ payable by issuers of Exchange
                                                                                                              3 The Exchange originally filed this proposed rule
                                                    available publicly. All submissions                                                                            Traded Products listed on the Exchange.
                                                                                                            change on December 23, 2015 under File No. SR–
                                                    should refer to File Number SR–Phlx–                    NYSEArca–2015–126, and the Exchange                    Pursuant to Footnote 8 of the Schedule,
                                                    2016–06 and should be submitted on or                   subsequently withdrew that filing on January 5,        issuers are subject to Annual Fees in the
                                                    before February 17, 2016.                               2016. The Exchange refiled this proposed rule          year of listing, pro-rated based on days
                                                                                                            change on January 5, 2016 under File No. SR–
                                                                                                            NYSEArca–2016–07. The Exchange subsequently
                                                                                                                                                                   listed that calendar year. The Annual
                                                                                                            withdrew that filing on January 14, 2016 and filed     Fees for Exchange Traded Products are
                                                                                                            this filing.                                           billed in January for the forthcoming


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                                                                                Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices                                              4727

                                                    year. Currently, when an Exchange                        by specifying the date as of which the                 19(b)(3)(A) 7 of the Act and
                                                    Traded Product liquidates, and as a                      most recent changes to the Schedule                    subparagraph (f)(2) of Rule 19b–4 8
                                                    result, is delisted from the Exchange,                   apply. Replacing the term ‘‘Derivative                 thereunder, because it establishes a due,
                                                    the issuer is responsible for the full                   Securities Products’’ with the term                    fee, or other charge imposed by the
                                                    year’s Annual Fee as billed in January.                  ‘‘Exchange Traded Products’’ will                      Exchange.
                                                    The issuer receives no refund for                        remove impediments to and perfect the                     At any time within 60 days of the
                                                    amounts paid or reduction of amounts                     mechanism of a free and open market by                 filing of such proposed rule change, the
                                                    payable even though the Exchange                         using a term commonly used by the                      Commission summarily may
                                                    Traded Product has liquidated.                           public and investors to refer to the                   temporarily suspend such rule change if
                                                       The Exchange proposes to amend                        products that are listed on the                        it appears to the Commission that such
                                                    Footnote 8 of the Schedule to provide                    Exchange. The Exchange further                         action is necessary or appropriate in the
                                                    that the Annual Fees applicable to                       believes that using the term ‘‘Exchange                public interest, for the protection of
                                                    Exchange Traded Products that have                       Traded Products’’ will promote                         investors, or otherwise in furtherance of
                                                    liquidated and as a result are delisted                  transparency in Exchange rules by                      the purposes of the Act. If the
                                                    from the Exchange will be prorated for                   distinguishing the equity securities that              Commission takes such action, the
                                                    the portion of the calendar year that                    list and trade on the Exchange from                    Commission shall institute proceedings
                                                    such issue was listed on the Exchange,                   derivatives, such as futures or swaps. In              under Section 19(b)(2)(B) 9 of the Act to
                                                    based on days listed that calendar year.                 addition, the deletion of the last two                 determine whether the proposed rule
                                                    Thus, for example, if the issuer of an                   sentences of Commentary .4 to the                      change should be approved or
                                                    Exchange Traded Product has paid an                      Schedule will eliminate outdated text.                 disapproved.
                                                    Annual Fee of $20,000 as billed in                          The Exchange further believes that the              IV. Solicitation of Comments
                                                    January and such issue is liquidated and                 proposed pro rata reduction of the
                                                    then delisted from the Exchange on June                  Annual Fees as a result of liquidation                   Interested persons are invited to
                                                    30, the issuer would receive a refund of                 and termination of an issue of Exchange                submit written data, views, and
                                                    $10,000, which represents a pro rata                     Traded Products is equitable and does                  arguments concerning the foregoing,
                                                    credit of Annual Fees owed for the year.                 not unfairly discriminate between                      including whether the proposed rule
                                                       Notwithstanding the proposed                          issuers because it would apply                         change is consistent with the Act.
                                                    proration of the Annual Fees for                         uniformly to all Exchange Traded                       Comments may be submitted by any of
                                                    Exchange Traded Products, the                            Products and issuers of such products.                 the following methods:
                                                    Exchange will continue to be able to                     The Exchange believes such reduction is                Electronic Comments
                                                    fund its regulatory obligations.                         reasonable in that it constitutes a
                                                       The Exchange also proposes non-                                                                                • Use the Commission’s Internet
                                                                                                             potential reduction in Annual Fees for
                                                    substantive amendments to the                                                                                   comment form (http://www.sec.gov/
                                                                                                             issues that are liquidated, and therefore
                                                    Schedule. First, the Exchange proposes                                                                          rules/sro.shtml); or
                                                                                                             are no longer collecting a management                    • Send an email to rule-comments@
                                                    to add the operative date to the                         fee to pay for such expenses.
                                                    Schedule, which, for this filing, would                                                                         sec.gov. Please include File Number SR–
                                                                                                             Notwithstanding the proposed proration                 NYSEArca–2016–13 on the subject line.
                                                    be January 14, 2016. Second, the                         of the Annual Fees for Exchange Traded
                                                    Exchange proposes to delete the last two                 Products, the Exchange will continue to                Paper Comments
                                                    sentences of Commentary .4 to the                        be able to fund its regulatory
                                                    Schedule, which refer to the transfer of                                                                           • Send paper comments in triplicate
                                                                                                             obligations.                                           to Secretary, Securities and Exchange
                                                    securities from NYSE Alternext US to
                                                    NYSE Arca, which occurred in 2008,                       B. Self-Regulatory Organization’s                      Commission, 100 F Street NE.,
                                                    and therefore is outdated text.                          Statement on Burden on Competition                     Washington, DC 20549–1090.
                                                                                                                                                                    All submissions should refer to File
                                                    2. Statutory Basis                                         The Exchange does not believe that                   Number SR–NYSEArca–2016–13. This
                                                                                                             the proposed rule change will impose                   file number should be included on the
                                                       NYSE Arca believes that the proposal
                                                                                                             any burden on competition that is not                  subject line if email is used. To help the
                                                    is consistent with Section 6(b) 4 of the
                                                                                                             necessary or appropriate in furtherance                Commission process and review your
                                                    Act, in general, and Section 6(b)(4) 5 of
                                                                                                             of the purpose of the Act. The Exchange                comments more efficiently, please use
                                                    the Act in particular, in that it provides
                                                                                                             believes the proposed rule change                      only one method. The Commission will
                                                    for the equitable allocation of reasonable
                                                                                                             would promote competition because it                   post all comments on the Commission’s
                                                    dues, fees and other charges among its
                                                                                                             will permit the Exchange to better                     Internet Web site (http://www.sec.gov/
                                                    issuers and other persons using its
                                                                                                             compete with other exchanges with                      rules/sro.shtml). Copies of the
                                                    facilities. In addition, the Exchange
                                                                                                             respect to fees charged in connection                  submission, all subsequent
                                                    believes the proposal is consistent with
                                                                                                             with listing Exchange Traded Products.                 amendments, all written statements
                                                    the requirement under Section 6(b)(5) 6
                                                    that an exchange have rules that are                     C. Self-Regulatory Organization’s                      with respect to the proposed rule
                                                    designed to prevent fraudulent and                       Statement on Comments on the                           change that are filed with the
                                                    manipulative acts and practices, to                      Proposed Rule Change Received From                     Commission, and all written
                                                    promote just and equitable principles of                 Members, Participants, or Others                       communications relating to the
                                                    trade, to remove impediments to, and                                                                            proposed rule change between the
                                                                                                               No written comments were solicited
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    perfect the mechanism of a free and                                                                             Commission and any person, other than
                                                                                                             or received with respect to the proposed               those that may be withheld from the
                                                    open market and, in general, to protect
                                                                                                             rule change.                                           public in accordance with the
                                                    investors and the public interest.
                                                       The Exchange believes that adding the                 III. Date of Effectiveness of the                      provisions of 5 U.S.C. 552, will be
                                                    operative date will clarify the Schedule                 Proposed Rule Change and Timing for                    available for Web site viewing and
                                                                                                             Commission Action
                                                      4 15 U.S.C. 78f(b).                                                                                             7 15 U.S.C. 78s(b)(3)(A).
                                                      5 15 U.S.C. 78f(b)(4).                                   The foregoing rule change is effective                 8 17 CFR 240.19b–4(f)(2).
                                                      6 15 U.S.C. 78f(b)(5).                                 upon filing pursuant to Section                          9 15 U.S.C. 78s(b)(2)(B).




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                                                    4728                       Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices

                                                    printing in the Commission’s Public                     both the pilot Program and exemption                     For the Commission, by the Division of
                                                    Reference Room, 100 F Street NE.,                       are scheduled to expire on January 31,                 Trading and Markets, pursuant to delegated
                                                    Washington, DC 20549 on official                        2016.                                                  authority. 7
                                                    business days between the hours of                                                                             Brent J. Fields,
                                                                                                               The Exchange now seeks to extend
                                                    10:00 a.m. and 3:00 p.m. Copies of the                                                                         Secretary.
                                                                                                            the exemption until July 31, 2016. 4 The
                                                    filing also will be available for                                                                              [FR Doc. 2016–01534 Filed 1–26–16; 8:45 am]
                                                                                                            Exchange’s request was made in
                                                    inspection and copying at the principal                                                                        BILLING CODE 8011–01–P
                                                    office of the Exchange. All comments                    conjunction with an immediately
                                                    received will be posted without change;                 effective filing that extends the
                                                    the Commission does not edit personal                   operation of the Program until July 31,                SECURITIES AND EXCHANGE
                                                    identifying information from                            2015. 5 In its request to extend the                   COMMISSION
                                                    submissions. You should submit only                     exemption, the Exchange notes that the
                                                                                                            Program was implemented gradually                      [Release No. 34–76960; File No. SR–CBOE–
                                                    information that you wish to make                                                                              2015–107]
                                                    available publicly. All submissions                     over time. Accordingly, the Exchange
                                                    should refer to File Number SR–                         has asked for additional time to allow                 Self-Regulatory Organizations;
                                                    NYSEArca–2016–13, and should be                         itself and the Commission to analyze                   Chicago Board Options Exchange,
                                                    submitted on or before February 17,                     data concerning the Program, which the                 Incorporated; Notice of Filing of
                                                    2016.                                                   Exchange committed to provide to the                   Amendment No. 2 and Order Granting
                                                      For the Commission, by the Division of                Commission. 6 For this reason and the                  Accelerated Approval of Proposed
                                                    Trading and Markets, pursuant to delegated              reasons stated in the Order originally                 Rule Change, as Modified by
                                                    authority.10                                            granting the limited exemption, the                    Amendment Nos. 1 and 2 Thereto,
                                                    Brent J. Fields,                                        Commission finds that extending the                    Relating to Price Protection
                                                    Secretary.                                              exemption, pursuant to its authority                   Mechanisms for Quotes and Orders
                                                    [FR Doc. 2016–01668 Filed 1–26–16; 8:45 am]             under Rule 612(c) of Regulation NMS, is
                                                                                                                                                                   January 21, 2016.
                                                    BILLING CODE 8011–01–P                                  appropriate in the public interest and
                                                                                                            consistent with the protection of                      I. Introduction
                                                                                                            investors.                                                Chicago Board Options Exchange,
                                                    SECURITIES AND EXCHANGE                                                                                        Incorporated (the ‘‘Exchange’’ or
                                                                                                               Therefore, it is hereby ordered, that,
                                                    COMMISSION                                                                                                     ‘‘CBOE’’) filed on November 24, 2015,
                                                                                                            pursuant to Rule 612(c) of Regulation
                                                    [Release No. 34–76953; File No. SR–BYX–                 NMS, the Exchange is granted a limited                 with the Securities and Exchange
                                                    2012–019]                                               exemption from Rule 612(c) of                          Commission (the ‘‘Commission’’),
                                                                                                            Regulation NMS that allows it to accept                pursuant to section 19(b)(1) of the
                                                    Self-Regulatory Organization; BATS Y-                                                                          Securities Exchange Act of 1934
                                                    Exchange, Inc.; Order Granting an                       and rank orders priced equal to or
                                                                                                            greater than $1.00 per share in                        (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
                                                    Extension to Limited Exemption From                                                                            proposal to enhance its current price
                                                    Rule 612(c) of Regulation NMS in                        increments of $0.001, in connection
                                                                                                            with the operation of its RPI Program.                 protection mechanisms and adopt
                                                    Connection With the Exchange’s Retail                                                                          certain new price protection
                                                    Price Improvement Program                                  The limited and temporary exemption                 functionality for orders and quotes. On
                                                                                                            extended by this Order is subject to                   December 4, 2015, the Exchange filed
                                                    January 21, 2016.
                                                                                                            modification or revocation if at any time              Amendment No. 1 to the proposed rule
                                                       On November 27, 2012, the Securities
                                                    and Exchange Commission                                 the Commission determines that such                    change. The proposed rule change, as
                                                    (‘‘Commission’’) issued an order                        action is necessary or appropriate in                  modified by Amendment No. 1, was
                                                    pursuant to its authority under Rule                    furtherance of the purposes of the                     published for comment in the Federal
                                                    612(c) of Regulation NMS (‘‘Sub-Penny                   Securities Exchange Act of 1934.                       Register on December 11, 2015.3 On
                                                    Rule) 1 that granted the BATS Y-                        Responsibility for compliance with any                 December 29, 2015, the Exchange filed
                                                    Exchange, Inc. (‘‘BYX’’ or the                          applicable provisions of the federal                   Amendment No. 2 to the proposed rule
                                                    ‘‘Exchange’’) a limited exemption from                  securities laws must rest with the                     change.4 The Commission received no
                                                    the Sub-Penny Rule in connection with                   persons relying on the exemptions that
                                                                                                                                                                     7 17  CFR 200.30–3(a)(83).
                                                    the operation of the Exchange’s Retail                  are the subject of this Order.                           1 15  U.S.C. 78s(b)(1).
                                                    Price Improvement (‘‘RPI’’) Program (the                                                                          2 17 CFR 240.19b–4.
                                                    ‘‘Program’’). The limited exemption was                                                                           3 See Securities Exchange Act Release No. 76585
                                                    granted concurrently with the                                                                                  (December 8, 2015), 80 FR 77038 (December 11,
                                                    Commission’s approval of the                                                                                   2015) (‘‘Notice’’).
                                                                                                                                                                      4 In Amendment No. 2, the Exchange amended
                                                    Exchange’s proposal to adopt the                        Exemption From Rule 612(c) of Regulation NMS in
                                                                                                            Connection With the Exchange’s Retail Price            the proposed rule language to (i) clarify that it will
                                                    Program for a one-year pilot term. 2 The                                                                       notify Trading Permit Holders by electronic
                                                                                                            Improvement Program); 74111 (January 22, 2015),
                                                    exemption was granted coterminous                                                                              message if the Exchange determines that the put
                                                                                                            80 FR 4598 (January 28, 2015) (SR–BYX–2015–05)
                                                    with the effectiveness of the pilot                     (extending the pilot period); and 74115 (January 22,
                                                                                                                                                                   strike price or call underlying value check should
                                                    Program and has been extended twice; 3                                                                         not apply in the interest of maintaining a fair and
                                                                                                            2015), 80 FR 4324 (January 27, 2015) (Order            orderly market under proposed Exchange Rule
                                                                                                            Granting an Extension to Limited Exemption From
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                      10 17
                                                                                                                                                                   6.14(a)(ii) and (ii) limit the potential range of the
                                                             CFR 200.30–3(a)(12).                           Rule 612(c) of Regulation NMS in Connection With       percentage amount used to calculate the maximum
                                                      1 17  CFR 242.612(c).                                 the Exchange’s Retail Price Improvement Program).      value acceptable price range check in proposed
                                                       2 See Securities Exchange Act Release No. 68303         4 See letter from Anders Franzon, Senior Vice       Exchange Rule 6.53C, Interpretation and Policy
                                                    (November 27, 2012), 77 FR 71652 (December 3,           President and Associate General Counsel, BYX, to       .08(g)(1)(iii). In Amendment No. 2, CBOE also
                                                    2012) (‘‘RPI Approval Order’’) (SR–BXY–2012–019).                                                              represented that it will document, retain, and
                                                       3 See Securities Exchange Act Release Nos. 71249
                                                                                                            Elizabeth M. Murphy, Secretary, Commission, dated
                                                                                                                                                                   periodically review any Exchange decision to not
                                                                                                            January 12, 2016.
                                                    (January 7, 2014), 79 FR 2229 (January 13, 2012)                                                               apply the put check or call check under proposed
                                                                                                               5 See SR–BYX–2016–01.
                                                    (SR–BYX–2014–001) (extending the pilot period);                                                                Exchange Rule 6.14(a)(ii), including the reason for
                                                                                                               6 See RPI Approval Order, supra note 2, at 77 FR
                                                    71250 (January 7, 2014), 79 FR 2234 (January 13,                                                               the decision. See Amendment No. 2 to File No. SR–
                                                    2012) (Order Granting an Extension to Limited           at 71657.                                              CBOE–2015–107, dated December 29, 2015



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Document Created: 2018-02-02 12:40:09
Document Modified: 2018-02-02 12:40:09
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 4726 

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