81 FR 56728 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change, as Modified by Amendment No. 1, To List and Trade Shares of the First Trust Horizon Managed Volatility Domestic ETF and the First Trust Horizon Managed Volatility Developed International ETF Under NYSE Arca Equities Rule 8.600

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 162 (August 22, 2016)

Page Range		56728-56728
FR Document		2016-19895

Federal Register, Volume 81 Issue 162 (Monday, August 22, 2016)

[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Notices]
[Page 56728]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-19895]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78587; File No. SR-NYSEArca-2016-87]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change, as Modified by Amendment No. 1, To List and Trade Shares of the
First Trust Horizon Managed Volatility Domestic ETF and the First Trust
Horizon Managed Volatility Developed International ETF Under NYSE Arca
Equities Rule 8.600

August 16, 2016.
On June 16, 2016, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
shares of the First Trust Horizon Managed Volatility Domestic ETF and
the First Trust Horizon Managed Volatility Developed International ETF.
The proposed rule change was published for comment in the Federal
Register on July 6, 2016.\3\ On July 18, 2016, the Exchange submitted
Amendment No. 1 to the proposed rule change.\4\ The Commission received
no comment letters on the proposed rule change.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 78191 (June 29,
2016), 81 FR 44056.
\4\ Amendment No. 1 replaced and superseded the original filing
in its entirety. Amendment No. 1 is available at https://www.sec.gov/comments/sr-nysearca-2016-87/nysearca201687-1.pdf.
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Section 19(b)(2) of the Act \5\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is August 20, 2016. The Commission is extending this 45-day time
period.
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\5\ 15 U.S.C. 78s(b)(2).
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The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\6\ designates October 4, 2016, as the date by which the Commission
shall either approve or disapprove or institute proceedings to
determine whether to disapprove the proposed rule change (File Number
SR-NYSEArca-2016-87), as modified by Amendment No. 1.
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\6\ Id.

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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\7\ 17 CFR 200.30-3(a)(31).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-19895 Filed 8-19-16; 8:45 am]
BILLING CODE 8011-01-P

56728 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices

B. Self-Regulatory Organization’s Commission process and review your 19(b)(1) of the Securities Exchange Act
Statement on Burden on Competition comments more efficiently, please use of 1934 (‘‘Act’’) 1 and Rule 19b–4
The Exchange does not believe that only one method. The Commission will thereunder,2 a proposed rule change to
the proposed rule change will impose post all comments on the Commission’s list and trade shares of the First Trust
any burden on competition not Internet Web site (http://www.sec.gov/ Horizon Managed Volatility Domestic
necessary or appropriate in furtherance rules/sro.shtml). Copies of the ETF and the First Trust Horizon
of the purposes of the Act. The submission, all subsequent Managed Volatility Developed
Exchange believes that the proposal amendments, all written statements International ETF. The proposed rule
should allow it to compete with other with respect to the proposed rule change was published for comment in
floor-based exchanges and help the change that are filed with the the Federal Register on July 6, 2016.3
Exchange’s Floor Brokers compete with Commission, and all written On July 18, 2016, the Exchange
floor brokers on other options exchanges communications relating to the submitted Amendment No. 1 to the
by accommodating another type of proposed rule change between the proposed rule change.4 The Commission
complicated order. Through the use of Commission and any person, other than received no comment letters on the
a surveillance process to verify that the those that may be withheld from the proposed rule change.
conditions of the exception are met, the public in accordance with the Section 19(b)(2) of the Act 5 provides
Exchange will ensure that the exception provisions of 5 U.S.C. 552, will be that, within 45 days of the publication
is used only rarely. available for Web site viewing and of notice of the filing of a proposed rule
printing in the Commission’s Public change, or within such longer period up
C. Self-Regulatory Organization’s Reference Room, 100 F Street NE.,
Statement on Comments on the to 90 days as the Commission may
Washington, DC 20549 on official designate if it finds such longer period
Proposed Rule Change Received From business days between the hours of
Members, Participants, or Others to be appropriate and publishes its
10:00 a.m. and 3:00 p.m. Copies of such reasons for so finding or as to which the
No written comments were either filing also will be available for self-regulatory organization consents,
solicited or received. inspection and copying at the principal the Commission shall either approve the
III. Date of Effectiveness of the office of the Exchange. All comments proposed rule change, disapprove the
Proposed Rule Change and Timing for received will be posted without change; proposed rule change, or institute
Commission Action the Commission does not edit personal proceedings to determine whether the
identifying information from proposed rule change should be
Within 45 days of the date of submissions. You should submit only
publication of this notice in the Federal disapproved. The 45th day after
information that you wish to make publication of the notice for this
Register or within such longer period (i) available publicly. All submissions
as the Commission may designate up to proposed rule change is August 20,
should refer to File No. SR–Phlx–2016– 2016. The Commission is extending this
90 days of such date if it finds such 82, and should be submitted on or
longer period to be appropriate and 45-day time period.
before September 12, 2016.
publishes its reasons for so finding or The Commission finds that it is
For the Commission, by the Division of appropriate to designate a longer period
(ii) as to which the Exchange consents, Trading and Markets, pursuant to delegated
the Commission shall: (a) By order within which to take action on the
authority.22
approve or disapprove such proposed proposed rule change so that it has
Robert W. Errett,
rule change, or (b) institute proceedings sufficient time to consider the proposed
Deputy Secretary. rule change. Accordingly, the
to determine whether the proposed rule
[FR Doc. 2016–19899 Filed 8–19–16; 8:45 am] Commission, pursuant to Section
change should be disapproved.
BILLING CODE 8011–01–P 19(b)(2) of the Act,6 designates October
IV. Solicitation of Comments 4, 2016, as the date by which the
Interested persons are invited to Commission shall either approve or
submit written data, views, and SECURITIES AND EXCHANGE disapprove or institute proceedings to
arguments concerning the foregoing, COMMISSION determine whether to disapprove the
including whether the proposed rule [Release No. 34–78587; File No. SR– proposed rule change (File Number SR–
change is consistent with the Act. NYSEArca–2016–87] NYSEArca–2016–87), as modified by
Comments may be submitted by any of Amendment No. 1.
the following methods: Self-Regulatory Organizations; NYSE For the Commission, by the Division of
Arca, Inc.; Notice of Designation of a Trading and Markets, pursuant to delegated
Electronic Comments
Longer Period for Commission Action authority.7
• Use the Commission’s Internet on a Proposed Rule Change, as
comment form (http://www.sec.gov/ Robert W. Errett,
Modified by Amendment No. 1, To List
rules/sro.shtml); or and Trade Shares of the First Trust Deputy Secretary.
• Send an email to rule-comments@ Horizon Managed Volatility Domestic [FR Doc. 2016–19895 Filed 8–19–16; 8:45 am]
sec.gov. Please include File No. SR– ETF and the First Trust Horizon BILLING CODE 8011–01–P
Phlx–2016–82 on the subject line. Managed Volatility Developed
Paper Comments International ETF Under NYSE Arca 1 15 U.S.C. 78s(b)(1).
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Equities Rule 8.600 2 17 CFR 240.19b–4.
• Send paper comments in triplicate 3 See Securities Exchange Act Release No. 78191
to Brent J. Fields, Secretary, Securities August 16, 2016. (June 29, 2016), 81 FR 44056.
and Exchange Commission, 100 F Street On June 16, 2016, NYSE Arca, Inc. 4 Amendment No. 1 replaced and superseded the

NE., Washington, DC 20549–1090. original filing in its entirety. Amendment No. 1 is
(‘‘Exchange’’) filed with the Securities available at https://www.sec.gov/comments/sr-
All submissions should refer to File No. and Exchange Commission nysearca-2016-87/nysearca201687-1.pdf.
SR–Phlx–2016–82. This file number (‘‘Commission’’), pursuant to Section 5 15 U.S.C. 78s(b)(2).

should be included on the subject line 6 Id.

if email is used. To help the 22 17 CFR 200.30–3(a)(12). 7 17 CFR 200.30–3(a)(31).

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Document Created: 2018-02-09 11:37:59
Document Modified: 2018-02-09 11:37:59

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 56728