81_FR_61440 81 FR 61268 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change To Amend NYSE Arca Equities Rule 8.700 and To List and Trade Shares of the Managed Emerging Markets Trust Under Proposed Amended NYSE Arca Equities Rule 8.700

81 FR 61268 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change To Amend NYSE Arca Equities Rule 8.700 and To List and Trade Shares of the Managed Emerging Markets Trust Under Proposed Amended NYSE Arca Equities Rule 8.700

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 172 (September 6, 2016)

Page Range61268-61269
FR Document2016-21251

Federal Register, Volume 81 Issue 172 (Tuesday, September 6, 2016)
[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Notices]
[Pages 61268-61269]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21251]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78727; File No. SR-NYSEArca-2016-96]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of 
Designation of a Longer Period for Commission Action on Proposed Rule 
Change To Amend NYSE Arca Equities Rule 8.700 and To List and Trade 
Shares of the Managed Emerging Markets Trust Under Proposed Amended 
NYSE Arca Equities Rule 8.700

August 30, 2016.
    On July 1, 2016, NYSE Arca, Inc. 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 amend NYSE Arca Equities Rule 
8.700 to permit the use of swaps on equity indices, fixed income 
indices, commodity indices, commodities or interest rates, and to list 
and trade

[[Page 61269]]

shares of the Managed Emerging Markets Trust under proposed amended 
NYSE Arca Equities Rule 8.700. The proposed rule change was published 
for comment in the Federal Register on July 21, 2016.\3\ The Commission 
has received no comments on the proposal.
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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. 78345 (July 15, 
2016), 81 FR 47447.
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    Section 19(b)(2) of the Act \4\ 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 September 4, 2016. The Commission is extending this 45-day time 
period.
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    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period 
within which to take action on the proposed rule change so that it has 
sufficient time to consider this proposed rule change. Accordingly, the 
Commission, pursuant to section 19(b)(2) of the Act,\5\ designates 
October 19, 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 No. SR-NYSEArca-2016-96).
---------------------------------------------------------------------------

    \5\ Id.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-21251 Filed 9-2-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  61268                        Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices

                                                  any burden on competition that is not                     ability to carry out its oversight                    amendments, all written statements
                                                  necessary or appropriate in furtherance                   responsibilities as a self-regulatory                 with respect to the proposed rule
                                                  of the purposes of the Act. The                           organization and reinforce its                        change that are filed with the
                                                  proposed change would align Exchange                      enforcement functions. The Exchange                   Commission, and all written
                                                  rules with rules of other options                         also stated that waiver of the operative              communications relating to the
                                                  exchanges and would therefore promote                     delay would promote regulatory clarity                proposed rule change between the
                                                  consistency in minor rule violations and                  and consistency, thereby reducing                     Commission and any person, other than
                                                  respective SRO reporting obligations,                     burdens on the marketplace and                        those that may be withheld from the
                                                  resulting in less burdensome and more                     facilitating investor protection. For                 public in accordance with the
                                                  efficient regulatory compliance and                       these reasons, the Commission believes                provisions of 5 U.S.C. 552, will be
                                                  facilitating performance of regulatory                    that waiver of the 30-day operative                   available for Web site viewing and
                                                  functions.14 The proposed rule change                     delay is consistent with the protection               printing in the Commission’s Public
                                                  is not intended to address competitive                    of investors and the public interest.                 Reference Room, 100 F Street NE.,
                                                  issues, but rather it is designed to                      Therefore, the Commission designates                  Washington, DC 20549 on official
                                                  provide notice to, and fair procedures                    the proposed rule change to be operative              business days between the hours of
                                                  for the disciplining of, ATP Holders and                  upon filing.18                                        10:00 a.m. and 3:00 p.m. Copies of such
                                                  persons associated with ATP Holders                          At any time within 60 days of the                  filing also will be available for
                                                  for violations of trade-throughs.                         filing of such proposed rule change, the              inspection and copying at the principal
                                                                                                            Commission summarily may                              office of the Exchange. All comments
                                                  C. Self-Regulatory Organization’s                         temporarily suspend such rule change if               received will be posted without change;
                                                  Statement on Comments on the                              it appears to the Commission that such                the Commission does not edit personal
                                                  Proposed Rule Change Received From                        action is necessary or appropriate in the             identifying information from
                                                  Members, Participants, or Others                          public interest, for the protection of                submissions. You should submit only
                                                    No written comments were solicited                      investors, or otherwise in furtherance of             information that you wish to make
                                                  or received with respect to the proposed                  the purposes of the Act. If the                       available publicly. All submissions
                                                  rule change.                                              Commission takes such action, the                     should refer to File Number SR–
                                                  III. Date of Effectiveness of the                         Commission shall institute proceedings                NYSEMKT–2016–75, and should be
                                                  Proposed Rule Change and Timing for                       to determine whether the proposed rule                submitted on or before September 27,
                                                  Commission Action                                         change should be approved or                          2016.
                                                                                                            disapproved.                                            For the Commission, by the Division of
                                                     Because the foregoing proposed rule
                                                                                                            IV. Solicitation of Comments                          Trading and Markets, pursuant to delegated
                                                  change does not (i) significantly affect                                                                        authority.19
                                                  the protection of investors or the public                   Interested persons are invited to                   Robert W. Errett,
                                                  interest; (ii) impose any significant                     submit written data, views, and
                                                  burden on competition; and (iii) become                                                                         Deputy Secretary.
                                                                                                            arguments concerning the foregoing,
                                                  operative for 30 days from the date on                                                                          [FR Doc. 2016–21256 Filed 9–2–16; 8:45 am]
                                                                                                            including whether the proposed rule
                                                  which it was filed, or such shorter time                  change is consistent with the Act.                    BILLING CODE 8011–01–P
                                                  as the Commission may designate, it has                   Comments may be submitted by any of
                                                  become effective pursuant to Section                      the following methods:
                                                  19(b)(3)(A)(iii) of the Act 15 and                                                                              SECURITIES AND EXCHANGE
                                                  subparagraph (f)(6) of Rule 19b–4                         Electronic Comments                                   COMMISSION
                                                  thereunder.16                                               • Use the Commission’s Internet                     [Release No. 34–78727; File No. SR–
                                                     A proposed rule change filed under                     comment form (http://www.sec.gov/                     NYSEArca–2016–96]
                                                  Rule 19b–4(f)(6) normally does not                        rules/sro.shtml); or
                                                  become operative for 30 days after the                      • Send an email to rule-comments@                   Self-Regulatory Organizations; NYSE
                                                  date of its filing. However, Rule 19b–                    sec.gov. Please include File Number SR–               Arca, Inc.; Notice of Designation of a
                                                  4(f)(6)(iii) 17 permits the Commission to                 NYSEMKT–2016–75 on the subject line.                  Longer Period for Commission Action
                                                  designate a shorter time if such action                                                                         on Proposed Rule Change To Amend
                                                                                                            Paper Comments                                        NYSE Arca Equities Rule 8.700 and To
                                                  is consistent with the protection of
                                                  investors and the public interest. The                       • Send paper comments in triplicate                List and Trade Shares of the Managed
                                                  Exchange has requested that the                           to Secretary, Securities and Exchange                 Emerging Markets Trust Under
                                                  Commission waive the 30-day operative                     Commission, 100 F Street NE.,                         Proposed Amended NYSE Arca
                                                  delay so that the proposed rule change                    Washington, DC 20549–1090.                            Equities Rule 8.700
                                                  will become operative on filing. The                      All submissions should refer to File
                                                                                                                                                                  August 30, 2016.
                                                  Exchange stated that the proposed rule                    Number SR–NYSEMKT–2016–75. This
                                                                                                                                                                    On July 1, 2016, NYSE Arca, Inc. filed
                                                  change would allow the Exchange to                        file number should be included on the
                                                                                                                                                                  with the Securities and Exchange
                                                  align its rules with those of competing                   subject line if email is used. To help the
                                                                                                                                                                  Commission (‘‘Commission’’), pursuant
                                                  options exchanges, without delay, and                     Commission process and review your                    to section 19(b)(1) of the Securities
                                                  would also strengthen the Exchange’s                      comments more efficiently, please use                 Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                                                                            only one method. The Commission will                  19b–4 thereunder,2 a proposed rule
                                                    14 See  supra note 7.                                   post all comments on the Commission’s                 change to amend NYSE Arca Equities
                                                    15 15  U.S.C. 78s(b)(3)(A)(iii).                        Internet Web site (http://www.sec.gov/
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                                                    16 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–                                                             Rule 8.700 to permit the use of swaps
                                                                                                            rules/sro.shtml). Copies of the                       on equity indices, fixed income indices,
                                                  4(f)(6) requires a self-regulatory organization to give
                                                  the Commission written notice of its intent to file       submission, all subsequent                            commodity indices, commodities or
                                                  the proposed rule change at least five business days                                                            interest rates, and to list and trade
                                                  prior to the date of filing of the proposed rule             18 For purposes only of waiving the 30-day
                                                  change, or such shorter time as designated by the         operative delay, the Commission also has
                                                                                                                                                                    19 17 CFR 200.30–3(a)(12).
                                                  Commission. The Exchange has satisfied this               considered the proposed rule’s impact on
                                                  requirement.                                                                                                      1 15 U.S.C. 78s(b)(1).
                                                                                                            efficiency, competition, and capital formation. See
                                                    17 17 CFR 240.19b–4(f)(6)(iii).                         15 U.S.C. 78c(f).                                       2 17 CFR 240.19b–4.




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                                                                             Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices                                                  61269

                                                  shares of the Managed Emerging                          the Securities and Exchange                              For the Commission, by the Division of
                                                  Markets Trust under proposed amended                    Commission (‘‘Commission’’), pursuant                  Trading and Markets, pursuant to delegated
                                                  NYSE Arca Equities Rule 8.700. The                      to section 19(b)(1) of the Securities                  authority.7
                                                  proposed rule change was published for                  Exchange Act of 1934 (‘‘Act’’) 1 and Rule              Robert W. Errett,
                                                  comment in the Federal Register on July                 19b–4 thereunder,2 a proposed rule                     Deputy Secretary.
                                                  21, 2016.3 The Commission has received                  change to adopt a new Options                          [FR Doc. 2016–21257 Filed 9–2–16; 8:45 am]
                                                  no comments on the proposal.                            Exchange Risk Control Standards Policy                 BILLING CODE 8011–01–P
                                                    Section 19(b)(2) of the Act 4 provides                and revise its Schedule of Fees to
                                                  that within 45 days of the publication of               impose on clearing members a fee of
                                                  notice of the filing of a proposed rule                 two cents per cleared options contract                 SECURITIES AND EXCHANGE
                                                  change, or within such longer period up                                                                        COMMISSION
                                                                                                          (per side) executed on an options
                                                  to 90 days as the Commission may
                                                                                                          exchange that did not demonstrate                      [Investment Company Act Release No.
                                                  designate if it finds such longer period
                                                  to be appropriate and publishes its                     sufficient risk controls designed to meet              32243; 812–14657]
                                                  reasons for so finding, or as to which the              the proposed set of principles-based risk
                                                                                                          control standards. The proposed rule                   Rational Advisors, Inc. and Strategy
                                                  self-regulatory organization consents,                                                                         Shares; Notice of Application
                                                  the Commission shall either approve the                 change was published for comment in
                                                  proposed rule change, disapprove the                    the Federal Register on March 18,                      August 30, 2016.
                                                  proposed rule change, or institute                      2016.3 On April 27, 2016, the                          AGENCY:    Securities and Exchange
                                                  proceedings to determine whether the                    Commission designated a longer period                  Commission (‘‘Commission’’).
                                                  proposed rule change should be                          within which to approve the proposed                   ACTION: Notice of an application for an
                                                  disapproved. The 45th day after                         rule change, disapprove the proposed                   order under section 6(c) of the
                                                  publication of the notice for this                      rule change, or institute proceedings to               Investment Company Act of 1940 (the
                                                  proposed rule change is September 4,                    determine whether to approve or                        ‘‘Act’’) for an exemption from sections
                                                  2016. The Commission is extending this                  disapprove the proposed rule change.4                  2(a)(32), 5(a)(1), 22(d), and 22(e) of the
                                                  45-day time period.                                     On June 13, 2016, the Commission                       Act and rule 22c–1 under the Act, under
                                                    The Commission finds it appropriate                   issued an order instituting proceedings                sections 6(c) and 17(b) of the Act for an
                                                  to designate a longer period within                     to determine whether to approve or                     exemption from sections 17(a)(1) and
                                                  which to take action on the proposed                    disapprove the proposed rule change.5                  17(a)(2) of the Act, and under section
                                                  rule change so that it has sufficient time              The Commission received eight                          12(d)(1)(J) for an exemption from
                                                  to consider this proposed rule change.                  comment letters on the proposed rule                   sections 12(d)(1)(A) and 12(d)(1)(B) of
                                                  Accordingly, the Commission, pursuant                   change.6                                               the Act. The requested order would
                                                  to section 19(b)(2) of the Act,5                                                                               permit (a) index-based series of certain
                                                  designates October 19, 2016, as the date                   On July 14, 2016, OCC filed a
                                                                                                          withdrawal of its proposed rule change                 open-end management investment
                                                  by which the Commission shall either                                                                           companies (‘‘Funds’’) to issue shares
                                                  approve or disapprove, or institute                     (SR–OCC–2016–004) from consideration
                                                                                                                                                                 redeemable in large aggregations only
                                                  proceedings to determine whether to                     by the Commission. The Commission is
                                                                                                                                                                 (‘‘Creation Units’’); (b) secondary market
                                                  disapprove, the proposed rule change                    hereby publishing notice of the                        transactions in Fund shares to occur at
                                                  (File No. SR–NYSEArca–2016–96).                         withdrawal.                                            negotiated market prices rather than at
                                                    For the Commission, by the Division of                                                                       net asset value (‘‘NAV’’); (c) certain
                                                                                                            1 15  U.S.C. 78s(b)(1).
                                                  Trading and Markets, pursuant to delegated                                                                     Funds to pay redemption proceeds,
                                                                                                            2 17  CFR 240.19b–4.
                                                  authority.6                                                                                                    under certain circumstances, more than
                                                                                                             3 See Securities Exchange Act Release No. 77358
                                                  Robert W. Errett,                                                                                              seven days after the tender of shares for
                                                                                                          (March 14, 2016), 81 FR 14921 (March 18, 2016).
                                                  Deputy Secretary.                                          4 See Securities Exchange Act Release No. 77720
                                                                                                                                                                 redemption; (d) certain affiliated
                                                  [FR Doc. 2016–21251 Filed 9–2–16; 8:45 am]              (April 27, 2016), 81 FR 26609 (May 3, 2016).           persons of a Fund to deposit securities
                                                  BILLING CODE 8011–01–P                                     5 See Securities Exchange Act Release No. 78056     into, and receive securities from, the
                                                                                                          (June 13, 2016), 81 FR 39732 (June 17, 2016).          Fund in connection with the purchase
                                                                                                             6 See Letters from Mark Dehnert, Managing           and redemption of Creation Units; and
                                                  SECURITIES AND EXCHANGE                                 Director, Goldman Sachs & Co., and Kyle Czepiel,       (e) certain registered management
                                                  COMMISSION                                              Co-Chief Executive Officer, Goldman Sachs              investment companies and unit
                                                                                                          Execution & Clearing, L.P., dated March 28, 2016,      investment trusts outside of the same
                                                  [Release No. 34–78724; File No. SR–OCC–                 to Secretary, Commission; Lisa J. Fall, President,
                                                  2016–004]                                                                                                      group of investment companies as the
                                                                                                          BOX Options Exchange, dated April 6, 2016, to
                                                                                                          Brent J. Fields, Secretary, Commission; James G.
                                                                                                                                                                 Funds (‘‘Funds of Funds’’) to acquire
                                                  Self-Regulatory Organizations; The                      Lundy, Associate General Counsel, ABN AMRO             shares of the Funds.
                                                  Options Clearing Corporation; Notice                    Clearing Chicago LLC, dated April 8, 2016, to Brent
                                                  of Withdrawal of a Proposed Rule                        J. Fields, Secretary, Commission; Ellen Greene,        APPLICANTS:    Strategy Shares (the
                                                  Change Related to the Adoption of an                    Managing Director, Securities Industry and             ‘‘Trust’’), a Delaware statutory trust
                                                  Options Exchange Risk Control                           Financial Markets Association, dated April 12,         registered under the Act as an open-end
                                                                                                          2016, to Robert W. Errett, Deputy Secretary,           management investment company with
                                                  Standards Policy                                        Commission; Michael J. Simon, Secretary and
                                                                                                          General Counsel, International Securities Exchange,
                                                                                                                                                                 multiple series and Rational Advisors,
                                                  August 30, 2016.                                                                                               Inc. (‘‘RAI’’), an Ohio corporation and
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          LLC, dated April 20, 2016, to Brent J. Fields,
                                                    On March 4, 2016, The Options                         Secretary, Commission; Edward T. Tilly, Chief          an investment adviser that is registered
                                                  Clearing Corporation (‘‘OCC’’) filed with               Executive Officer, Chicago Board Options               as an investment adviser under the
                                                                                                          Exchange, Inc., dated April 20, 2016, to Brent J.      Investment Advisers Act of 1940.
                                                     3 See Securities Exchange Act Release No. 78345
                                                                                                          Fields, Secretary, Commission; OCC, dated June 13,
                                                  (July 15, 2016), 81 FR 47447.                           2016, to Brent J. Fields, Secretary, Commission; and
                                                                                                                                                                 FILING DATES: The application was filed
                                                     4 15 U.S.C. 78s(b)(2).
                                                                                                          Lisa J. Fall, President, BOX Options Exchange,         on June 6, 2016.
                                                     5 Id.                                                dated June 21, 2016, to Brent J. Fields, Secretary,
                                                     6 17 CFR 200.30–3(a)(31).                            Commission.                                              7 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-09 12:04:00
Document Modified: 2018-02-09 12:04:00
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 61268 

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