81_FR_59867 81 FR 59699 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change Amending and Restating the Second Amended and Restated Certificate of Incorporation of the Exchange's Ultimate Parent Company, Intercontinental Exchange, Inc.

81 FR 59699 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change Amending and Restating the Second Amended and Restated Certificate of Incorporation of the Exchange's Ultimate Parent Company, Intercontinental Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 168 (August 30, 2016)

Page Range59699-59700
FR Document2016-20742

Federal Register, Volume 81 Issue 168 (Tuesday, August 30, 2016)
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Notices]
[Pages 59699-59700]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20742]



[[Page 59699]]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78661; File No. SR-NYSE-2016-57]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing of Proposed Rule Change Amending and Restating the 
Second Amended and Restated Certificate of Incorporation of the 
Exchange's Ultimate Parent Company, Intercontinental Exchange, Inc.

August 24, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on August 17, 2016, New York Stock Exchange LLC (``NYSE'' 
or the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I 
and II below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend and restate the Second Amended and 
Restated Certificate of Incorporation (the ``ICE Certificate'') of the 
Exchange's ultimate parent company, Intercontinental Exchange, Inc. 
(``ICE''), to increase ICE's authorized share capital, and to make 
other, non-substantive changes. 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 proposed amendments would revise the ICE Certificate \4\ to 
increase the total number of authorized shares of ICE common stock, par 
value $0.01 per share (``Common Stock''), and make other, non-
substantive changes. More specifically, the Exchange proposes to make 
the following amendments to the ICE Certificate:
---------------------------------------------------------------------------

    \4\ ICE owns 100% of the equity interest in Intercontinental 
Exchange Holdings, Inc., which in turn owns 100% of the equity 
interest in NYSE Holdings LLC. NYSE Holdings LLC owns 100% of the 
equity interest of NYSE Group, Inc., which in turn directly owns 
100% of the equity interest of the Exchange and its affiliates NYSE 
Arca, Inc. and NYSE MKT LLC. ICE is a publicly traded company listed 
on the Exchange. The Exchange's affiliates, NYSE MKT LLC and NYSE 
Arca, Inc., have each submitted substantially the same proposed rule 
change to propose the changes described herein. See SR-NYSEMKT-2016-
80 and SR-NYSEArca-2016-119.
---------------------------------------------------------------------------

     In Article IV, Section A, the total number of shares of 
stock that ICE is authorized to issue would be changed from 600,000,000 
to 1,600,000,000 shares, and the portion of that total constituting 
Common Stock would be changed from 500,000,000 to 1,500,000,000 shares.
     In Article V, Section A.5, the reference to ``this Section 
A of ARTICLE VI'' would be corrected to refer to ``this Section A of 
ARTICLE V''.
     References to the ``Second Amended and Restated 
Certificate of Incorporation'' would be changed throughout to refer to 
the ``Third Amended and Restated Certificate of Incorporation'', and 
related technical and conforming changes would be made to the recitals 
and signature page of the ICE Certificate.
    The proposed amendments to the ICE Certificate were approved by the 
board of directors of ICE (``ICE Board'') on August 1, 2016. The 
Exchange proposes that the above amendments to the ICE Certificate 
would be effective when filed with the Department of State of Delaware, 
which would not occur until approval of the amendments by the 
stockholders of ICE is obtained at a Special Meeting of Stockholders on 
October 12, 2016.
    The trading price of ICE's Common Stock has risen significantly 
since ICE's initial public offering in 2005,\5\ and the ICE Board 
believes that such price appreciation may impact the liquidity of ICE's 
Common Stock, making it more difficult to efficiently trade and 
potentially less attractive to certain investors. Accordingly, the ICE 
Board approved pursuing a 5-for-1 stock split by way of a stock 
dividend, pursuant to which the holders of record of shares of Common 
Stock would receive, by way of a dividend, four shares of Common Stock 
for each share of Common Stock held by such holder (the ``Stock 
Dividend''). The ICE Board's approval of the Stock Dividend was 
contingent upon Commission and ICE stockholder approval of the proposed 
amendments to the ICE Certificate.
---------------------------------------------------------------------------

    \5\ The closing price of ICE's Common Stock on July 29, 2016, 
the trading date prior to the ICE Board vote to approve the 
proposal, was $264.20. The price of ICE's Common Stock at its 
initial public offering on November 16, 2005, was $26.00.
---------------------------------------------------------------------------

    The number of shares of Common Stock proposed to be issued in the 
Stock Dividend exceeds ICE's authorized but unissued shares of Common 
Stock. The proposed rule change would increase ICE's authorized shares 
of Common Stock and shares of capital stock sufficient to allow ICE to 
effectuate the Stock Dividend.
    The proposed changes would not alter the limitations on voting and 
ownership set forth in Section V of the ICE Certificate. Such 
limitations were introduced at the time of ICE's acquisition of the 
Exchange, to ``minimize the potential that a person could improperly 
interfere with or restrict the ability of the Commission, the Exchange, 
or its subsidiaries to effectively carry out their regulatory oversight 
responsibilities under the Act.'' \6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 70210 (August 15, 
2013), 78 FR 51758 (August 21, 2013) (SR-NYSE-2013-42; SR-NYSEMKT-
2013-50; and SR-NYSEArca-2013-62), at 51760. ICE was previously 
named IntercontinentalExchange Group, Inc. See Securities Exchange 
Act Release No. 72158 (May 13, 2014), 79 FR 28784 (May 19, 2014) 
(SR-NYSE-2014-23).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Exchange Act,\7\ in general, and Section 
6(b)(1) of the Exchange Act,\8\ in particular, in that it enables the 
Exchange to be so organized as to have the capacity to be able to carry 
out the purposes of the Exchange Act and to comply, and to enforce 
compliance by its exchange members and persons associated with its 
exchange members, with the provisions of the Exchange Act, the rules 
and regulations thereunder, and the rules of the Exchange.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    The proposal to increase ICE's authorized shares of Common Stock 
and shares of capital stock sufficient to

[[Page 59700]]

allow ICE to effectuate the Stock Dividend would not impact the 
Exchange's ability to be so organized as to have the capacity to be 
able to carry out the purposes of the Exchange Act. In particular, the 
proposed changes would not alter the limitations on voting and 
ownership set forth in Section V of the ICE Certificate, and so the 
proposed changes would not enable a person to ``improperly interfere 
with or restrict the ability of the Commission, the Exchange, or its 
subsidiaries to effectively carry out their regulatory oversight 
responsibilities under the Act.'' \9\
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 70210, supra note 6, 
at 51760.
---------------------------------------------------------------------------

    For similar reasons, the proposal is consistent with Section 
6(b)(5) of the Exchange Act,\10\ because it would not impact the 
Exchange's governance or regulatory structure, which would continue to 
be 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 regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, to remove impediments to, and 
perfect the mechanism of a free and open market and a national market 
system and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that approval of the proposal would remove 
impediments to, and perfect the mechanism of a free and open market and 
a national market system and, in general, protect investors and the 
public interest, because by increasing ICE's authorized shares of 
Common Stock and shares of capital stock sufficient to allow ICE to 
effectuate the Stock Dividend, the proposed rule change will facilitate 
broader ownership of ICE.
    The Exchange believes that amending Article V, Section A.5, to 
correct the reference to ``this Section A of ARTICLE VI'' to refer to 
``this Section A of ARTICLE V'' would reduce potential confusion that 
may result from having an incorrect reference in the ICE Certificate. 
Replacing such incorrect reference would further the goal of 
transparency and add clarity to the ICE Certificate.

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 designed to address any competitive issue but rather is 
concerned solely with the number of authorized shares of Common Stock 
and shares of capital stock of the Exchange's ultimate parent.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSE-2016-57 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2016-57. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSE-2016-57, and should be 
submitted on or before September 20, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-20742 Filed 8-29-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices                                                  59699

                                                  SECURITIES AND EXCHANGE                                  A. Self-Regulatory Organization’s                     appreciation may impact the liquidity of
                                                  COMMISSION                                               Statement of the Purpose of, and the                  ICE’s Common Stock, making it more
                                                                                                           Statutory Basis for, the Proposed Rule                difficult to efficiently trade and
                                                  [Release No. 34–78661; File No. SR–NYSE–
                                                  2016–57]
                                                                                                           Change                                                potentially less attractive to certain
                                                                                                                                                                 investors. Accordingly, the ICE Board
                                                                                                           1. Purpose
                                                  Self-Regulatory Organizations; New                                                                             approved pursuing a 5-for-1 stock split
                                                  York Stock Exchange LLC; Notice of                         The proposed amendments would                       by way of a stock dividend, pursuant to
                                                  Filing of Proposed Rule Change                           revise the ICE Certificate 4 to increase              which the holders of record of shares of
                                                  Amending and Restating the Second                        the total number of authorized shares of              Common Stock would receive, by way
                                                  Amended and Restated Certificate of                      ICE common stock, par value $0.01 per                 of a dividend, four shares of Common
                                                  Incorporation of the Exchange’s                          share (‘‘Common Stock’’), and make                    Stock for each share of Common Stock
                                                  Ultimate Parent Company,                                 other, non-substantive changes. More                  held by such holder (the ‘‘Stock
                                                  Intercontinental Exchange, Inc.                          specifically, the Exchange proposes to                Dividend’’). The ICE Board’s approval of
                                                                                                           make the following amendments to the                  the Stock Dividend was contingent
                                                  August 24, 2016.                                         ICE Certificate:                                      upon Commission and ICE stockholder
                                                     Pursuant to Section 19(b)(1) 1 of the                    • In Article IV, Section A, the total              approval of the proposed amendments
                                                  Securities Exchange Act of 1934 (the                     number of shares of stock that ICE is                 to the ICE Certificate.
                                                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   authorized to issue would be changed                     The number of shares of Common
                                                  notice is hereby given that, on August                   from 600,000,000 to 1,600,000,000                     Stock proposed to be issued in the Stock
                                                  17, 2016, New York Stock Exchange                        shares, and the portion of that total                 Dividend exceeds ICE’s authorized but
                                                  LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed                 constituting Common Stock would be                    unissued shares of Common Stock. The
                                                  with the Securities and Exchange                         changed from 500,000,000 to                           proposed rule change would increase
                                                  Commission (the ‘‘Commission’’) the                      1,500,000,000 shares.                                 ICE’s authorized shares of Common
                                                  proposed rule change as described in                        • In Article V, Section A.5, the                   Stock and shares of capital stock
                                                  Items I and II below, which Items have                   reference to ‘‘this Section A of ARTICLE              sufficient to allow ICE to effectuate the
                                                  been prepared by the self-regulatory                     VI’’ would be corrected to refer to ‘‘this            Stock Dividend.
                                                  organization. The Commission is                          Section A of ARTICLE V’’.                                The proposed changes would not alter
                                                  publishing this notice to solicit                           • References to the ‘‘Second                       the limitations on voting and ownership
                                                  comments on the proposed rule change                     Amended and Restated Certificate of                   set forth in Section V of the ICE
                                                  from interested persons.                                 Incorporation’’ would be changed                      Certificate. Such limitations were
                                                                                                           throughout to refer to the ‘‘Third                    introduced at the time of ICE’s
                                                  I. Self-Regulatory Organization’s
                                                                                                           Amended and Restated Certificate of                   acquisition of the Exchange, to
                                                  Statement of the Terms of Substance of
                                                                                                           Incorporation’’, and related technical                ‘‘minimize the potential that a person
                                                  the Proposed Rule Change
                                                                                                           and conforming changes would be made                  could improperly interfere with or
                                                     The Exchange proposes to amend and                    to the recitals and signature page of the             restrict the ability of the Commission,
                                                  restate the Second Amended and                           ICE Certificate.                                      the Exchange, or its subsidiaries to
                                                  Restated Certificate of Incorporation (the                  The proposed amendments to the ICE                 effectively carry out their regulatory
                                                  ‘‘ICE Certificate’’) of the Exchange’s                   Certificate were approved by the board                oversight responsibilities under the
                                                  ultimate parent company,                                 of directors of ICE (‘‘ICE Board’’) on                Act.’’ 6
                                                  Intercontinental Exchange, Inc. (‘‘ICE’’),               August 1, 2016. The Exchange proposes
                                                  to increase ICE’s authorized share                       that the above amendments to the ICE                  2. Statutory Basis
                                                  capital, and to make other, non-                         Certificate would be effective when filed               The Exchange believes that the
                                                  substantive changes. The proposed rule                   with the Department of State of                       proposed rule change is consistent with
                                                  change is available on the Exchange’s                    Delaware, which would not occur until                 Section 6(b) of the Exchange Act,7 in
                                                  Web site at www.nyse.com, at the                         approval of the amendments by the                     general, and Section 6(b)(1) of the
                                                  principal office of the Exchange, and at                 stockholders of ICE is obtained at a                  Exchange Act,8 in particular, in that it
                                                  the Commission’s Public Reference                        Special Meeting of Stockholders on                    enables the Exchange to be so organized
                                                  Room.                                                    October 12, 2016.                                     as to have the capacity to be able to
                                                  II. Self-Regulatory Organization’s                          The trading price of ICE’s Common                  carry out the purposes of the Exchange
                                                  Statement of the Purpose of, and                         Stock has risen significantly since ICE’s             Act and to comply, and to enforce
                                                  Statutory Basis for, the Proposed Rule                   initial public offering in 2005,5 and the             compliance by its exchange members
                                                  Change                                                   ICE Board believes that such price                    and persons associated with its
                                                                                                                                                                 exchange members, with the provisions
                                                     In its filing with the Commission, the                   4 ICE owns 100% of the equity interest in
                                                                                                                                                                 of the Exchange Act, the rules and
                                                  self-regulatory organization included                    Intercontinental Exchange Holdings, Inc., which in
                                                                                                           turn owns 100% of the equity interest in NYSE
                                                                                                                                                                 regulations thereunder, and the rules of
                                                  statements concerning the purpose of,
                                                                                                           Holdings LLC. NYSE Holdings LLC owns 100% of          the Exchange.
                                                  and basis for, the proposed rule change                  the equity interest of NYSE Group, Inc., which in       The proposal to increase ICE’s
                                                  and discussed any comments it received                   turn directly owns 100% of the equity interest of     authorized shares of Common Stock and
                                                  on the proposed rule change. The text                    the Exchange and its affiliates NYSE Arca, Inc. and
                                                                                                           NYSE MKT LLC. ICE is a publicly traded company
                                                                                                                                                                 shares of capital stock sufficient to
                                                  of those statements may be examined at
                                                                                                           listed on the Exchange. The Exchange’s affiliates,
                                                  the places specified in Item IV below.                   NYSE MKT LLC and NYSE Arca, Inc., have each             6 See Securities Exchange Act Release No. 70210
mstockstill on DSK3G9T082PROD with NOTICES




                                                  The Exchange has prepared summaries,                     submitted substantially the same proposed rule        (August 15, 2013), 78 FR 51758 (August 21, 2013)
                                                  set forth in sections A, B, and C below,                 change to propose the changes described herein.       (SR–NYSE–2013–42; SR–NYSEMKT–2013–50; and
                                                  of the most significant parts of such                    See SR–NYSEMKT–2016–80 and SR–NYSEArca–               SR–NYSEArca–2013–62), at 51760. ICE was
                                                                                                           2016–119.                                             previously named IntercontinentalExchange Group,
                                                  statements.                                                 5 The closing price of ICE’s Common Stock on       Inc. See Securities Exchange Act Release No. 72158
                                                                                                           July 29, 2016, the trading date prior to the ICE      (May 13, 2014), 79 FR 28784 (May 19, 2014) (SR–
                                                    1 15 U.S.C. 78s(b)(1).                                                                                       NYSE–2014–23).
                                                                                                           Board vote to approve the proposal, was $264.20.
                                                    2 15 U.S.C. 78a.                                                                                               7 15 U.S.C. 78f(b).
                                                                                                           The price of ICE’s Common Stock at its initial
                                                    3 17 CFR 240.19b–4.                                    public offering on November 16, 2005, was $26.00.       8 15 U.S.C. 78f(b)(1).




                                             VerDate Sep<11>2014    20:04 Aug 29, 2016   Jkt 238001   PO 00000   Frm 00103   Fmt 4703   Sfmt 4703   E:\FR\FM\30AUN1.SGM   30AUN1


                                                  59700                        Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices

                                                  allow ICE to effectuate the Stock                       The proposed rule change is not                       Commission, and all written
                                                  Dividend would not impact the                           designed to address any competitive                   communications relating to the
                                                  Exchange’s ability to be so organized as                issue but rather is concerned solely with             proposed rule change between the
                                                  to have the capacity to be able to carry                the number of authorized shares of                    Commission and any person, other than
                                                  out the purposes of the Exchange Act.                   Common Stock and shares of capital                    those that may be withheld from the
                                                  In particular, the proposed changes                     stock of the Exchange’s ultimate parent.              public in accordance with the
                                                  would not alter the limitations on voting                                                                     provisions of 5 U.S.C. 552, will be
                                                                                                          C. Self-Regulatory Organization’s
                                                  and ownership set forth in Section V of                                                                       available for Web site viewing and
                                                                                                          Statement on Comments on the
                                                  the ICE Certificate, and so the proposed                                                                      printing in the Commission’s Public
                                                                                                          Proposed Rule Change Received From
                                                  changes would not enable a person to                                                                          Reference Room, 100 F Street NE.,
                                                                                                          Members, Participants, or Others
                                                  ‘‘improperly interfere with or restrict                                                                       Washington, DC 20549, on official
                                                  the ability of the Commission, the                        No written comments were solicited                  business days between the hours of
                                                  Exchange, or its subsidiaries to                        or received with respect to the proposed              10:00 a.m. and 3:00 p.m. Copies of the
                                                  effectively carry out their regulatory                  rule change.                                          filing also will be available for
                                                  oversight responsibilities under the                    III. Date of Effectiveness of the                     inspection and copying at the principal
                                                  Act.’’ 9                                                Proposed Rule Change and Timing for                   office of the Exchange. All comments
                                                     For similar reasons, the proposal is                 Commission Action                                     received will be posted without change;
                                                  consistent with Section 6(b)(5) of the                                                                        the Commission does not edit personal
                                                  Exchange Act,10 because it would not                       Within 45 days of the date of                      identifying information from
                                                  impact the Exchange’s governance or                     publication of this notice in the Federal             submissions. You should submit only
                                                  regulatory structure, which would                       Register or within such longer period                 information that you wish to make
                                                  continue to be designed to prevent                      up to 90 days (i) as the Commission may               available publicly. All submissions
                                                  fraudulent and manipulative acts and                    designate if it finds such longer period              should refer to File Number SR–NYSE–
                                                  practices, to promote just and equitable                to be appropriate and publishes its                   2016–57, and should be submitted on or
                                                  principles of trade, to foster cooperation              reasons for so finding or (ii) as to which            before September 20, 2016.
                                                  and coordination with persons engaged                   the Exchange consents, the Commission
                                                                                                          will:                                                   For the Commission, by the Division of
                                                  in regulating, clearing, settling,                                                                            Trading and Markets, pursuant to delegated
                                                  processing information with respect to,                    A. By order approve or disapprove
                                                                                                                                                                authority.11
                                                  and facilitating transactions in                        such proposed rule change, or
                                                                                                             B. institute proceedings to determine              Robert W. Errett,
                                                  securities, to remove impediments to,                                                                         Deputy Secretary.
                                                  and perfect the mechanism of a free and                 whether the proposed rule change
                                                  open market and a national market                       should be disapproved.                                [FR Doc. 2016–20742 Filed 8–29–16; 8:45 am]
                                                                                                                                                                BILLING CODE 8011–01–P
                                                  system and, in general, to protect                      IV. Solicitation of Comments
                                                  investors and the public interest.
                                                     The Exchange believes that approval                    Interested persons are invited to
                                                                                                          submit written data, views, and                       SECURITIES AND EXCHANGE
                                                  of the proposal would remove
                                                                                                          arguments concerning the foregoing,                   COMMISSION
                                                  impediments to, and perfect the
                                                  mechanism of a free and open market                     including whether the proposed rule
                                                  and a national market system and, in                    change is consistent with the Act.                    [Release No. 34–78666; File No. SR–
                                                  general, protect investors and the public               Comments may be submitted by any of                   BatsBZX–2016–48]
                                                  interest, because by increasing ICE’s                   the following methods:
                                                                                                                                                                Self-Regulatory Organizations; Bats
                                                  authorized shares of Common Stock and                   Electronic Comments                                   BZX Exchange, Inc.; Notice of Filing of
                                                  shares of capital stock sufficient to                     • Use the Commission’s Internet                     a Proposed Rule Change to Rule
                                                  allow ICE to effectuate the Stock                       comment form (http://www.sec.gov/                     14.11(c)(4) To List and Trade Shares of
                                                  Dividend, the proposed rule change will                 rules/sro.shtml); or                                  the iShares iBonds Dec 2023 Term
                                                  facilitate broader ownership of ICE.                      • Send an email to rule-comments@                   Muni Bond ETF and iShares iBonds
                                                     The Exchange believes that amending                  sec.gov. Please include File Number SR–               Dec 2024 Term Muni Bond ETF of the
                                                  Article V, Section A.5, to correct the                  NYSE–2016–57 on the subject line.                     iShares U.S. ETF Trust
                                                  reference to ‘‘this Section A of ARTICLE
                                                  VI’’ to refer to ‘‘this Section A of                    Paper Comments                                        August 24, 2016.
                                                  ARTICLE V’’ would reduce potential                        • Send paper comments in triplicate
                                                  confusion that may result from having                                                                            Pursuant to Section 19(b)(1) of the
                                                                                                          to Secretary, Securities and Exchange                 Securities Exchange Act of 1934
                                                  an incorrect reference in the ICE                       Commission, 100 F Street NE.,
                                                  Certificate. Replacing such incorrect                                                                         (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                          Washington, DC 20549–1090.                            notice is hereby given that on August 9,
                                                  reference would further the goal of                     All submissions should refer to File
                                                  transparency and add clarity to the ICE                                                                       2016, Bats BZX Exchange, Inc.
                                                                                                          Number SR–NYSE–2016–57. This file                     (‘‘Exchange’’ or ‘‘BZX’’) filed with the
                                                  Certificate.                                            number should be included on the                      Securities and Exchange Commission
                                                  B. Self-Regulatory Organization’s                       subject line if email is used. To help the            (‘‘Commission’’) the proposed rule
                                                  Statement on Burden on Competition                      Commission process and review your                    change as described in Items I and II
                                                    The Exchange does not believe that                    comments more efficiently, please use                 below, which Items have been prepared
                                                                                                          only one method. The Commission will
mstockstill on DSK3G9T082PROD with NOTICES




                                                  the proposed rule change will impose                                                                          by the Exchange. The Commission is
                                                  any burden on competition that is not                   post all comments on the Commission’s                 publishing this notice to solicit
                                                  necessary or appropriate in furtherance                 Internet Web site (http://www.sec.gov/                comments on the proposed rule change
                                                  of the purposes of the Exchange Act.                    rules/sro.shtml). Copies of the                       from interested persons.
                                                                                                          submission, all subsequent
                                                    9 See Securities Exchange Act Release No. 70210,      amendments, all written statements                      11 17 CFR 200.30–3(a)(12).
                                                  supra note 6, at 51760.                                 with respect to the proposed rule                       1 15 U.S.C. 78s(b)(1).
                                                    10 15 U.S.C. 78f(b)(5).                               change that are filed with the                          2 17 CFR 240.19b–4.




                                             VerDate Sep<11>2014   20:04 Aug 29, 2016   Jkt 238001   PO 00000   Frm 00104   Fmt 4703   Sfmt 4703   E:\FR\FM\30AUN1.SGM    30AUN1



Document Created: 2018-02-09 11:42:35
Document Modified: 2018-02-09 11:42:35
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 59699 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR