81 FR 8557 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change, as Modified by Amendment Nos. 1, 2, and 3 Thereto, To List and Trade Shares of the REX Gold Hedged S&P 500 ETF and the REX Gold Hedged FTSE Emerging Markets ETF Under NYSE Arca Equities Rule 8.600

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 33 (February 19, 2016)

[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8557-8558]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03391]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77128; File No. SR-NYSEArca-2015-107]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of 
Designation of a Longer Period for Commission Action on Proposed Rule 
Change, as Modified by Amendment Nos. 1, 2, and 3 Thereto, To List and 
Trade Shares of the REX Gold Hedged S&P 500 ETF and the REX Gold Hedged 
FTSE Emerging Markets ETF Under NYSE Arca Equities Rule 8.600

February 12, 2016.
    On December 10, 2015, NYSE Arca, Inc. (``Exchange'') filed with the 
Securities and Exchange Commission (``Commission''), pursuant to 
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ 
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade 
shares of the REX Gold Hedged S&P 500 ETF and the REX Gold Hedged FTSE 
Emerging Markets ETF under NYSE Arca Equities Rule 8.600. The proposed 
rule change was published for comment in the Federal

[[Page 8558]]

Register on December 30, 2015.\3\ On January 15, 2016, the Exchange 
submitted Amendment No. 1 to the proposed rule change.\4\ On January 
27, 2016, the Exchange submitted Amendment No. 2 to the proposed rule 
change.\5\ On February 11, 2016, the Exchange submitted Amendment No. 3 
to the proposed rule change.\6\ 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. 76761 (December 23, 
2015), 80 FR 81564.
    \4\ In Amendment No. 1, which replaced and superseded the 
original filing in its entirety, the Exchange clarified the Funds' 
direct and indirect principal and other investments; the 
determination of the value of certain underlying assets for purposes 
of the Funds' net asset value calculation; and the availability of 
price information for certain underlying assets. Because Amendment 
No. 1 is a technical amendment that adds clarification to the 
proposal and does not materially alter the substance of the proposed 
rule change or raise unique or novel regulatory issues, Amendment 
No. 1 is not subject to notice and comment (Amendment No. 1 to the 
proposed rule change is available at: http://www.sec.gov/comments/sr-nysearca-2015-107/nysearca2015107-1.pdf).
    \5\ In Amendment No. 2, the Exchange made additional clarifying 
changes regarding the Funds' other investments; the availability of 
price information for certain underlying assets; and the 
dissemination of the Portfolio Indicative Value. Because Amendment 
No. 2 is a technical amendment that adds clarification to the 
proposal and does not materially alter the substance of the proposed 
rule change or raise unique or novel regulatory issues, Amendment 
No. 2 is not subject to notice and comment (Amendment No. 2 to the 
proposed rule change is available at: http://www.sec.gov/comments/sr-nysearca-2015-107/nysearca2015107-2.pdf).
    \6\ In Amendment No. 3, the Exchange expanded the application of 
the criteria for non-U.S. equity securities in the REX Gold Hedged 
FTSE Emerging Markets ETF portfolio so that they will apply on a 
continual basis. Because Amendment No. 3 does not materially alter 
the substance of the proposed rule change or raise unique or novel 
regulatory issues, Amendment No. 3 is not subject to notice and 
comment.
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    Section 19(b)(2) of the Act \7\ 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 February 13, 2016. The Commission is extending this 45-day time 
period.
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    \7\ 15 U.S.C. 78s(b)(2).
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    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,\8\ designates 
March 29, 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-2015-107), 
as modified by Amendment Nos. 1, 2, and 3 thereto.
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    \8\ 15 U.S.C. 78s(b)(2).
    \9\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-03391 Filed 2-18-16; 8:45 am]
 BILLING CODE 8011-01-P