81_FR_62372 81 FR 62198 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Withdrawal of a Proposed Rule Change To List and Trade Shares of the Natixis Seeyond International Minimum Volatility ETF Under NYSE Arca Equities Rule 8.600

81 FR 62198 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Withdrawal of a Proposed Rule Change To List and Trade Shares of the Natixis Seeyond International Minimum Volatility ETF Under NYSE Arca Equities Rule 8.600

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 174 (September 8, 2016)

Page Range62198-62198
FR Document2016-21641

Federal Register, Volume 81 Issue 174 (Thursday, September 8, 2016)
[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Page 62198]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21641]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78758; File no. SR-NYSEArca-2016-67]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of 
Withdrawal of a Proposed Rule Change To List and Trade Shares of the 
Natixis Seeyond International Minimum Volatility ETF Under NYSE Arca 
Equities Rule 8.600

September 2, 2016.
    On May 5, 2016, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'') 
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 (``Shares'') of the Natixis Seeyond International 
Minimum Volatility ETF (``Fund'') under NYSE Arca Equities Rule 8.600. 
The proposed rule change was published for comment in the Federal 
Register on May 25, 2016.\3\ On June 13, 2016, the Exchange filed 
Amendment No. 1 to the proposed rule change, which replaced and 
superseded its entirety the proposed rule change as originally 
filed.\4\ On June 22, 2016, the Exchange filed Amendment No. 2 to the 
proposed rule change.\5\ On July 1, 2016, the Exchange filed Amendment 
No. 3 to the proposed rule change, which replaced and superseded the 
proposed rule change as modified by Amendments No. 1 and No. 2.\6\ The 
Commission has received no comments on the proposed rule change. On 
June 30, 2016, pursuant to Section 19(b)(2) of the Act,\7\ the 
Commission designated a longer period within which to approve the 
proposed rule change, disapprove the proposed rule change, or institute 
proceedings to determine whether to disapprove the proposed rule 
change.\8\ On August 22, 2016, pursuant to Section 19(b)(2)(B) of the 
Act \9\, the Commission instituted proceedings to determine whether to 
approve or disapprove the proposed rule change, as modified by 
Amendment No. 3.\10\
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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. 77861 (May 19, 
2016), 81 FR 33291.
    \4\ In Amendment No. 1, the Exchange: (1) Narrows the universe 
of investments that may be held by the Fund; (2) offers color 
regarding types of corporate bonds of foreign issuers that the Fund 
would ordinarily hold; (3) clarifies potentially ambiguous language 
in the filing.
    \5\ In Amendment No. 2, the Exchange proposes standards for the 
corporate bonds of foreign issuers that may be held by the Fund and 
clarifies how spot foreign currency transactions would be priced for 
purposes of calculating the net asset value of the Fund.
    \6\ In Amendment No. 3, the Exchange revises the standards for 
the Fund's investment in non-U.S. equity securities. Amendments No. 
1, No. 2, and No. 3 are available at: http://www.sec.gov/comments/sr-nysearca-2016-67/nysearca201667.shtml.
    \7\ 15 U.S.C. 78s(b)(2).
    \8\ See Securities Exchange Act Release No. 78204, 81 FR 44393 
(July 7, 2016). The Commission designated a longer period within 
which to take action on the proposed rule change and designated 
August 23, 2016, as the date by which it should approve, disapprove, 
or institute proceedings to determine whether to disapprove the 
proposed rule change.
    \9\ 15 U.S.C. 78s(b)(2)(B).
    \10\ See Securities Exchange Act Release No. 78627, 81 FR 59002 
(August 26, 2016).
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    On August 31, 2016, the Exchange withdrew the proposed rule change 
(SR-NYSEArca-2016-67).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-21641 Filed 9-7-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  62198                          Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices

                                                  V. Accelerated Approval of Proposed                         SECURITIES AND EXCHANGE                                disapprove the proposed rule change.8
                                                  Rule Change, as Modified by                                 COMMISSION                                             On August 22, 2016, pursuant to Section
                                                  Amendment No. 1                                                                                                    19(b)(2)(B) of the Act 9, the Commission
                                                                                                              [Release No. 34–78758; File no. SR–                    instituted proceedings to determine
                                                     The Commission finds good cause to                                                                              whether to approve or disapprove the
                                                  approve the proposed rule change, as                        NYSEArca–2016–67]
                                                                                                                                                                     proposed rule change, as modified by
                                                  modified by Amendment No. 1, prior to                                                                              Amendment No. 3.10
                                                                                                              Self-Regulatory Organizations; NYSE
                                                  the thirtieth day after the date of                                                                                  On August 31, 2016, the Exchange
                                                                                                              Arca, Inc.; Notice of Withdrawal of a
                                                  publication of notice of Amendment No.                                                                             withdrew the proposed rule change
                                                                                                              Proposed Rule Change To List and
                                                  1 in the Federal Register. In                                                                                      (SR–NYSEArca–2016–67).
                                                                                                              Trade Shares of the Natixis Seeyond
                                                  Amendment No. 1, the Exchange
                                                                                                              International Minimum Volatility ETF                     For the Commission, by the Division of
                                                  proposes to: (1) Apply the changes in
                                                                                                              Under NYSE Arca Equities Rule 8.600                    Trading and Markets, pursuant to delegated
                                                  proposed Rule 11.27(c) to all Pilot
                                                                                                                                                                     authority.11
                                                  Securities; (2) clarify in Rule 11.27(c)(1)                 September 2, 2016.
                                                  that the increment for BZX Market                                                                                  Brent J. Fields,
                                                                                                                 On May 5, 2016, NYSE Arca, Inc.                     Secretary.
                                                  Orders and Rule 11.27(c)(5) that the                        (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
                                                  increment for Market Maker Peg Orders                                                                              [FR Doc. 2016–21641 Filed 9–7–16; 8:45 am]
                                                                                                              with the Securities and Exchange
                                                  will be at ‘‘permissible’’ increments; (3)                  Commission (‘‘Commission’’), pursuant                  BILLING CODE 8011–01–P
                                                  state in Rule 11.27(c)(2) that Market                       to Section 19(b)(1) of the Securities
                                                  Pegged Orders, Rule 11.27(c)(4) that                        Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                  Discretionary Orders, and Rule                                                                                     SECURITIES AND EXCHANGE
                                                                                                              19b–4 thereunder,2 a proposed rule                     COMMISSION
                                                  11.27(c)(6) that Supplemental Peg                           change to list and trade shares
                                                  Orders will not be accepted in Pilot                        (‘‘Shares’’) of the Natixis Seeyond                    [Release No. 34–78747; File No. SR–
                                                  Securities; (4) clarify in Rule 11.27(c)(3)                 International Minimum Volatility ETF                   BatsBYX–2016–23]
                                                  that Mid-Point Peg Orders may not be                        (‘‘Fund’’) under NYSE Arca Equities
                                                  alternatively pegged to one minimum                         Rule 8.600. The proposed rule change                   Self-Regulatory Organizations; Bats
                                                  price variation inside the same side of                     was published for comment in the                       BYX Exchange, Inc.; Notice of Filing
                                                  the NBBO as the order; (5) delete the                       Federal Register on May 25, 2016.3 On                  and Immediate Effectiveness of a
                                                  proposal to amend Non-Displayed                             June 13, 2016, the Exchange filed                      Proposed Rule Change Related to Fees
                                                  Orders; and (6) clarify how orders                          Amendment No. 1 to the proposed rule                   for Use of Bats BYX Exchange, Inc.
                                                  subject to Display-Price Sliding will                       change, which replaced and superseded
                                                  operate when they are unexecutable at                                                                              September 1, 2016.
                                                                                                              its entirety the proposed rule change as
                                                  the locking price.                                                                                                    Pursuant to section 19(b)(1) of the
                                                                                                              originally filed.4 On June 22, 2016, the
                                                     The Commission believes that                                                                                    Securities Exchange Act of 1934 (the
                                                                                                              Exchange filed Amendment No. 2 to the
                                                  Amendment No. 1 modifies the                                                                                       ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                              proposed rule change.5 On July 1, 2016,
                                                  proposal so that it does not cause a                                                                               notice is hereby given that on August
                                                                                                              the Exchange filed Amendment No. 3 to
                                                  disparate impact on different Test                                                                                 25, 2016, Bats BYX Exchange, Inc. (the
                                                                                                              the proposed rule change, which
                                                  Groups and the Control Group. In                                                                                   ‘‘Exchange’’ or ‘‘BYX’’) filed with the
                                                                                                              replaced and superseded the proposed
                                                  addition, the Commission notes that the                                                                            Securities and Exchange Commission
                                                                                                              rule change as modified by
                                                  Pilot is scheduled to start on October 3,                                                                          (‘‘Commission’’) the proposed rule
                                                                                                              Amendments No. 1 and No. 2.6 The
                                                  2016, and accelerated approval would                                                                               change as described in Items I, II and III
                                                                                                              Commission has received no comments
                                                  ensure that the rules of the Exchange                                                                              below, which Items have been prepared
                                                                                                              on the proposed rule change. On June
                                                  would be in place for the start of the                                                                             by the Exchange. The Exchange has
                                                                                                              30, 2016, pursuant to Section 19(b)(2) of
                                                  Pilot. Accordingly, the Commission                                                                                 designated the proposed rule change as
                                                                                                              the Act,7 the Commission designated a
                                                  finds good cause, pursuant to section                                                                              one establishing or changing a member
                                                                                                              longer period within which to approve
                                                  19(b)(2) of the Exchange Act,19 to                                                                                 due, fee, or other charge imposed by the
                                                                                                              the proposed rule change, disapprove
                                                  approve the proposed rule change, as                                                                               Exchange under section 19(b)(3)(A)(ii)
                                                                                                              the proposed rule change, or institute
                                                  modified by Amendment No. 1, on an                                                                                 of the Act 3 and Rule 19b–4(f)(2)
                                                                                                              proceedings to determine whether to
                                                  accelerated basis.                                                                                                 thereunder,4 which renders the
                                                                                                                1 15
                                                                                                                                                                     proposed rule change effective upon
                                                  VI. Conclusion                                                     U.S.C. 78s(b)(1).
                                                                                                                2 17
                                                                                                                                                                     filing with the Commission. The
                                                                                                                     CFR 240.19b–4.
                                                    It is therefore ordered, pursuant to                        3 See Securities Exchange Act Release No. 77861      Commission is publishing this notice to
                                                  section 19(b)(2) of the Exchange Act,20                     (May 19, 2016), 81 FR 33291.                           solicit comments on the proposed rule
                                                  that the proposed rule change (SR–
                                                                                                                4 In Amendment No. 1, the Exchange: (1) Narrows      change from interested persons.
                                                                                                              the universe of investments that may be held by the
                                                  BatsBZX–2016–29), as modified by                            Fund; (2) offers color regarding types of corporate      8 See Securities Exchange Act Release No. 78204,
                                                  Amendment No. 1, be and hereby is                           bonds of foreign issuers that the Fund would
                                                                                                                                                                     81 FR 44393 (July 7, 2016). The Commission
                                                  approved on an accelerated basis.                           ordinarily hold; (3) clarifies potentially ambiguous
                                                                                                                                                                     designated a longer period within which to take
                                                                                                              language in the filing.
                                                    For the Commission, by the Division of                      5 In Amendment No. 2, the Exchange proposes
                                                                                                                                                                     action on the proposed rule change and designated
                                                  Trading and Markets, pursuant to delegated                                                                         August 23, 2016, as the date by which it should
                                                                                                              standards for the corporate bonds of foreign issuers   approve, disapprove, or institute proceedings to
                                                  authority.21                                                that may be held by the Fund and clarifies how spot    determine whether to disapprove the proposed rule
                                                  Brent J. Fields,                                            foreign currency transactions would be priced for      change.
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                              purposes of calculating the net asset value of the       9 15 U.S.C. 78s(b)(2)(B).
                                                  Secretary.                                                  Fund.                                                    10 See Securities Exchange Act Release No. 78627,
                                                  [FR Doc. 2016–21648 Filed 9–7–16; 8:45 am]                    6 In Amendment No. 3, the Exchange revises the
                                                                                                                                                                     81 FR 59002 (August 26, 2016).
                                                  BILLING CODE 8011–01–P                                      standards for the Fund’s investment in non-U.S.          11 17 CFR 200.30–3(a)(12).
                                                                                                              equity securities. Amendments No. 1, No. 2, and
                                                                                                                                                                       1 15 U.S.C. 78s(b)(1).
                                                                                                              No. 3 are available at: http://www.sec.gov/
                                                    19 15    U.S.C. 78s(b)(2).                                                                                         2 17 CFR 240.19b–4.
                                                                                                              comments/sr-nysearca-2016-67/
                                                    20 Id.                                                    nysearca201667.shtml.                                    3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                    21 17    CFR 200.30–3(a)(12).                               7 15 U.S.C. 78s(b)(2).                                 4 17 CFR 240.19b–4(f)(2).




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Document Created: 2018-02-09 13:12:37
Document Modified: 2018-02-09 13:12:37
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 62198 

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