81 FR 88302 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposal to Change Representation Regarding Investments by PowerShares DB Trust Issued Receipts Listed Under Commentary .02 to NYSE Arca Equities Rule 8.200
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 235 (December 7, 2016)
Federal Register Volume 81, Issue 235 (December 7, 2016)
| Page Range | 88302-88304 | |
| FR Document | 2016-29290 |
[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)] [Notices] [Pages 88302-88304] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29290] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-79445; File No. SR-NYSEArca-2016-152] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposal to Change Representation Regarding Investments by PowerShares DB Trust Issued Receipts Listed Under Commentary .02 to NYSE Arca Equities Rule 8.200 December 1, 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 November 18, 2016, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE Arca'') 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 change a representation regarding investments by the following issues, which are currently listed on the Exchange under Commentary .02 to NYSE Arca Equities Rule 8.200 (Trust Issued Receipts): PowerShares DB Commodity Index Tracking Fund; PowerShares DB Energy Fund; PowerShares DB Oil Fund; PowerShares DB Precious Metals Fund; PowerShares DB Gold Fund; PowerShares DB Silver Fund; PowerShares DB Base Metals Fund; PowerShares DB Agriculture Fund; PowerShares DB G10 Currency Harvest Fund; PowerShares DB US Dollar Index Bullish Fund; and PowerShares DB US Dollar Index Bearish Fund. 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 Exchange currently lists and trades shares of the following securities under Commentary .02 to NYSE Arca Equities Rule 8.200 (Trust Issued Receipts): PowerShares DB Commodity Index Tracking Fund; PowerShares DB Energy Fund; PowerShares DB Oil Fund; PowerShares DB Precious Metals Fund; PowerShares DB Gold Fund; PowerShares DB Silver Fund; PowerShares DB Base Metals Fund; PowerShares DB Agriculture Fund; PowerShares DB G10 Currency Harvest Fund; PowerShares DB US Dollar Index Bullish Fund; and PowerShares DB US Dollar Index Bearish Fund (each a ``Fund'' and, collectively, the ``Funds'').\4\ --------------------------------------------------------------------------- \4\ The Shares of each Fund represent beneficial ownership interests in the Fund's net assets, as described in the registration statements for the Funds. See the following registration statements on Form S-3 or Form S-1 under the Securities Act of 1933: (1) Registration statement on Form S-3ASR, PowerShares DB Commodity Index Tracking Fund (No. 333-203054, dated March 27, 2015); (2) registration statement on Form S-3, PowerShares DB G10 Currency Harvest Fund (No. 333-192126, December 6, 2013); (3) registration statement on Form S-3ASR, PowerShares DB US Dollar Index Bullish Fund (No. 333-207089-01, September 23, 2015); (4) registration statement on Form S-1, PowerShares DB US Dollar Index Bearish Fund (No. 333-193224, March 14, 2014); (5) registration statement on Form S-3, PowerShares DB Energy Fund, PowerShares DB Oil Fund, PowerShares DB Precious Metals Fund, PowerShares DB Gold Fund, PowerShares DB Base Metals Fund, (No. 333-209437-01--333-209437-05, March 4, 2016); (6) registration statement on Form S-1, PowerShares DB Silver Fund (No. 333-193222, March 14, 2014); and (7) registration statement on Form S-3ASR, PowerShares DB Agriculture Fund (No. 333-208439-01, dated December 10, 2015) (collectively, ``Registration Statements''). --------------------------------------------------------------------------- [[Page 88303]] Shares of the Funds were originally approved for listing on the American Stock Exchange LLC (``Amex'') (now known as NYSE MKT LLC),\5\ and were subsequently approved for listing on the Exchange.\6\ The Funds' Managing Owner is Invesco PowerShares Capital Management LLC. --------------------------------------------------------------------------- \5\ See Securities Exchange Act Release Nos. 53105 (January 11, 2006), 71 FR 3129 (January 19, 2006) (SR-Amex-2005-59) (approving listing of DB Commodity Index Tracking Fund (now known as PowerShares DB Commodity Index Tracking Fund)); 55292 (February 14, 2007), 72 FR 8406 (February 26, 2007) (SR-Amex-2006-86) (approving listing of the PowerShares DB US Dollar Index Bullish Fund and PowerShares DB US Dollar Index Bearish Fund); 54450 (September 14, 2006), 71 FR 55230 (September 21, 2006) (SR-Amex-2006-44) (approving listing of DB Currency Index Value Fund (now known as PowerShares DB G10 Currency Harvest Fund)); 55029 (December 29, 2006), 72 FR 806 (January 8, 2007) (SR-Amex-2006-76) (approving listing of PowerShares DB Energy Fund, PowerShares DB Oil Fund, PowerShares DB Precious Metals Fund, PowerShares DB Gold Fund, PowerShares DB Silver Fund, the PowerShares DB Base Metals Fund, and PowerShares DB Agriculture Fund) (collectively, ``Amex Filings''). \6\ See Securities Exchange Act Release No. 58993 (November 21, 2008), 73 FR 72548 (November 28, 2008) (SR-NYSEArca-2008-128) (order approving listing on the Exchange of the Funds) (``NYSE Arca Order''). The Funds were previously traded on the Exchange pursuant to unlisted trading privileges (``UTP''). See Securities Exchange Act Release Nos. 53736 (April 27, 2006), 71 FR 26582 (May 5, 2006) (SR-PCX-2006-22) (order approving UTP trading of DB Commodity Index Tracking Fund); 55453 (March 13, 2007), 72 FR 13333 (March 21, 2007) (SR-NYSEArca-2006-62) (order approving UTP trading of PowerShares DB Agriculture Fund and other PowerShares commodity-based funds) (collectively, ``UTP Filings''). --------------------------------------------------------------------------- Each Fund seeks to track an index of commodity or currency futures. As described in the Amex Filings and UTP Filings, the cash proceeds of the issuance of each Fund's Shares are invested in cash and United States Treasury Securities (``Treasury Securities''), some of which are deposited with a futures commission merchant as margin for futures positions. The Exchange proposes to add to this representation that a Fund may gain exposure to Treasury Securities, for cash management and/ or margin purposes, through an investment in (1) government money market funds (as defined in Rule 2a-7 under the Investment Company Act of 1940 (``1940 Act'') \7\), and (2) exchange-traded funds that track indexes that measure the performance of U.S. Treasury obligations with a maximum remaining maturity of up to 12 months (``T-Bill ETFs'').\8\ The Funds may receive dividends or distributions of capital gains from such investment in government money market funds and T-Bill ETFs. --------------------------------------------------------------------------- \7\ 15 U.S.C. 80a-1. Rule 2a-7(a)(14) under the 1940 Act states that government money market fund means a money market fund that invests 99.5 percent or more of its total assets in cash, government securities, and/or repurchase agreements that are collateralized fully. \8\ The T-Bill ETFs in which a Fund may invest may be affiliated with the Managing Owner and will be registered under the 1940 Act. For purposes of this filing, T-Bill ETFs include Investment Company Units (as described in NYSE Arca Equities Rule 5.2(j)(3)); and Managed Fund Shares (as described in NYSE Arca Equities Rule 8.600). Such T-Bill ETFs all will be listed and traded in the U.S. on registered exchanges. The Funds will not invest in inverse, leveraged or inverse leveraged (e.g., -1X, 2X, -2X, 3X or -3X) T- Bill ETFs. --------------------------------------------------------------------------- The Funds' Managing Owner (Invesco PowerShares Capital Management LLC) represents that the proposed change to permit investment in T-Bill ETFs, as described above, is consistent with each Fund's investment objective, and will further assist the Funds' Managing Owner to achieve each Fund's investment objective. Specifically, by investing in government money market funds and T-Bill ETFs, in addition to U.S. Treasury Securities, each Fund will have additional flexibility to gain exposure to Treasury Securities. Except for the changes noted above, all other representations made in the Amex Filings and UTP Filings remain unchanged. The Funds will continue to comply with all initial and continued listing requirements under NYSE Arca Equities Rule 8.200. 2. Statutory Basis The basis under the Act for this proposed rule change is the requirement under Section 6(b)(5) \9\ that an exchange have rules that are designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to, and perfect the mechanism of a free and open market and, in general, to protect investors and the public interest. --------------------------------------------------------------------------- \9\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that the proposed rule change is designed to prevent fraudulent and manipulative acts and practices in that trading in government money market funds and T-Bill ETFs occurs in transparent, liquid markets in the U.S. By investing in government money market funds and T-Bill ETFs, in addition to U.S. Treasury Securities, each Fund will have additional flexibility to gain exposure to Treasury Securities. The Adviser represents that the respective investment objectives of the Funds have not changed. 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 purpose of the Act. The Exchange believes the proposed rule change, which would permit each Fund to utilize government money market funds and T-Bill ETFs for cash management and/ or margin purposes, will enhance competition among issues of Trust Issued Receipts that invest in commodity and currency futures. 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 Because the proposed rule change does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\ --------------------------------------------------------------------------- \10\ 15 U.S.C. 78s(b)(3)(A). \11\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b- 4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file the proposed rule change, along with a brief description and the text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. --------------------------------------------------------------------------- The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Commission believes that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest because each Fund is already permitted to seek exposure to Treasury Securities, and the proposed rule change will merely provide each Fund with additional flexibility to gain such exposure through investments in government money market funds and T-Bill ETFs, which trade in transparent, liquid markets in the United States. Therefore, the Commission designates [[Page 88304]] the proposed rule change to be operative upon filing.\12\ --------------------------------------------------------------------------- \12\ For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B)\13\ of the Act to determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \13\ 15 U.S.C. 78s(b)(2)(B). --------------------------------------------------------------------------- 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 CommentsUse 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-NYSEArca-2016-152 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-NYSEArca-2016-152. 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-NYSEArca-2016-152 and should be submitted on or December 28, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\14\ --------------------------------------------------------------------------- \14\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Brent J. Fields, Secretary. [FR Doc. 2016-29290 Filed 12-6-16; 8:45 am] BILLING CODE 8011-01-P
![88302 Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices
sell shares to Funds of Funds beyond Commission to grant an order PowerShares DB Gold Fund;
the limits of section 12(d)(1)(B) of the permitting a transaction otherwise PowerShares DB Silver Fund;
Act. The application’s terms and prohibited by section 17(a) if it finds PowerShares DB Base Metals Fund;
conditions are designed to, among other that (a) the terms of the proposed PowerShares DB Agriculture Fund;
things, help prevent any potential (i) transaction are fair and reasonable and PowerShares DB G10 Currency Harvest
undue influence over a Fund through do not involve overreaching on the part Fund; PowerShares DB US Dollar Index
control or voting power, or in of any person concerned; (b) the Bullish Fund; and PowerShares DB US
connection with certain services, proposed transaction is consistent with Dollar Index Bearish Fund. The
transactions, and underwritings, (ii) the policies of each registered proposed rule change is available on the
excessive layering of fees, and (iii) investment company involved; and (c) Exchange’s Web site at www.nyse.com,
overly complex fund structures, which the proposed transaction is consistent at the principal office of the Exchange,
are the concerns underlying the limits with the general purposes of the Act. and at the Commission’s Public
in sections 12(d)(1)(A) and (B) of the For the Commission, by the Division of Reference Room.
Act. Investment Management, under delegated
8. Applicants request an exemption authority.
II. Self-Regulatory Organization’s
from sections 17(a)(1) and 17(a)(2) of the Statement of the Purpose of, and
Brent J. Fields,
Act to permit persons that are Affiliated Statutory Basis for, the Proposed Rule
Secretary.
Persons, or Second Tier Affiliates, of the Change
[FR Doc. 2016–29301 Filed 12–6–16; 8:45 am]
Funds, solely by virtue of certain In its filing with the Commission, the
BILLING CODE 8011–01–P
ownership interests, to effectuate self-regulatory organization included
purchases and redemptions in-kind. The statements concerning the purpose of,
deposit procedures for in-kind SECURITIES AND EXCHANGE and basis for, the proposed rule change
purchases of Creation Units and the COMMISSION and discussed any comments it received
redemption procedures for in-kind on the proposed rule change. The text
redemptions of Creation Units will be [Release No. 34–79445; File No. SR– of those statements may be examined at
the same for all purchases and NYSEArca–2016–152]
the places specified in Item IV below.
redemptions and Deposit Instruments The Exchange has prepared summaries,
Self-Regulatory Organizations; NYSE
and Redemption Instruments will be set forth in sections A, B, and C below,
Arca, Inc.; Notice of Filing and
valued in the same manner as those of the most significant parts of such
Immediate Effectiveness of Proposal to
investment positions currently held by statements.
Change Representation Regarding
the Funds. Applicants also seek relief
Investments by PowerShares DB Trust A. Self-Regulatory Organization’s
from the prohibitions on affiliated
Issued Receipts Listed Under Statement of the Purpose of, and the
transactions in section 17(a) to permit a
Commentary .02 to NYSE Arca Equities Statutory Basis for, the Proposed Rule
Fund to sell its shares to and redeem its
Rule 8.200 Change
shares from a Fund of Funds, and to
engage in the accompanying in-kind December 1, 2016. 1. Purpose
transactions with the Fund of Funds.3 Pursuant to Section 19(b)(1) 1 of the
The purchase of Creation Units by a Securities Exchange Act of 1934 (the The Exchange currently lists and
Fund of Funds directly from a Fund will ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 trades shares of the following securities
be accomplished in accordance with the notice is hereby given that, on under Commentary .02 to NYSE Arca
policies of the Fund of Funds and will November 18, 2016, NYSE Arca, Inc. Equities Rule 8.200 (Trust Issued
be based on the NAVs of the Funds. (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed Receipts): PowerShares DB Commodity
9. Section 6(c) of the Act permits the with the Securities and Exchange Index Tracking Fund; PowerShares DB
Commission to exempt any persons or Commission (the ‘‘Commission’’) the Energy Fund; PowerShares DB Oil
transactions from any provision of the proposed rule change as described in Fund; PowerShares DB Precious Metals
Act if such exemption is necessary or Items I and II below, which Items have Fund; PowerShares DB Gold Fund;
appropriate in the public interest and been prepared by the self-regulatory PowerShares DB Silver Fund;
consistent with the protection of organization. The Commission is PowerShares DB Base Metals Fund;
investors and the purposes fairly publishing this notice to solicit PowerShares DB Agriculture Fund;
intended by the policy and provisions of comments on the proposed rule change PowerShares DB G10 Currency Harvest
the Act. Section 12(d)(1)(J) of the Act from interested persons. Fund; PowerShares DB US Dollar Index
provides that the Commission may Bullish Fund; and PowerShares DB US
exempt any person, security, or I. Self-Regulatory Organization’s Dollar Index Bearish Fund (each a
transaction, or any class or classes of Statement of the Terms of Substance of ‘‘Fund’’ and, collectively, the
persons, securities, or transactions, from the Proposed Rule Change ‘‘Funds’’).4
any provision of section 12(d)(1) if the The Exchange proposes to change a
exemption is consistent with the public representation regarding investments by 4 The Shares of each Fund represent beneficial
interest and the protection of investors. ownership interests in the Fund’s net assets, as
the following issues, which are described in the registration statements for the
Section 17(b) of the Act authorizes the currently listed on the Exchange under Funds. See the following registration statements on
Commentary .02 to NYSE Arca Equities Form S–3 or Form S–1 under the Securities Act of
asabaliauskas on DSK3SPTVN1PROD with NOTICES
3 The requested relief would apply to direct sales
Rule 8.200 (Trust Issued Receipts): 1933: (1) Registration statement on Form S–3ASR,
of shares in Creation Units by a Fund to a Fund of PowerShares DB Commodity Index Tracking Fund
Funds and redemptions of those shares. Applicants,
PowerShares DB Commodity Index (No. 333–203054, dated March 27, 2015); (2)
moreover, are not seeking relief from section 17(a) Tracking Fund; PowerShares DB Energy registration statement on Form S–3, PowerShares
for, and the requested relief will not apply to, Fund; PowerShares DB Oil Fund; DB G10 Currency Harvest Fund (No. 333–192126,
transactions where a Fund could be deemed an PowerShares DB Precious Metals Fund; December 6, 2013); (3) registration statement on
Affiliated Person, or a Second-Tier Affiliate, of a Form S–3ASR, PowerShares DB US Dollar Index
Fund of Funds because an Adviser or an entity Bullish Fund (No. 333–207089–01, September 23,
1 15 U.S.C.78s(b)(1).
controlling, controlled by or under common control 2015); (4) registration statement on Form S–1,
2 15 U.S.C. 78a.
with an Adviser provides investment advisory PowerShares DB US Dollar Index Bearish Fund (No.
services to that Fund of Funds. 3 17 CFR 240.19b–4. 333–193224, March 14, 2014); (5) registration
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![88304 Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices
the proposed rule change to be operative Reference Room, 100 F Street NE., available on the Exchange’s Web site at
upon filing.12 Washington, DC 20549 on official www.nyse.com, at the principal office of
At any time within 60 days of the business days between the hours of the Exchange, and at the Commission’s
filing of such proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of the Public Reference Room.
Commission summarily may filing also will be available for
temporarily suspend such rule change if II. Self-Regulatory Organization’s
inspection and copying at the principal
it appears to the Commission that such office of the Exchange. All comments Statement of the Purpose of, and
action is necessary or appropriate in the received will be posted without change; Statutory Basis for, the Proposed Rule
public interest, for the protection of the Commission does not edit personal Change
investors, or otherwise in furtherance of identifying information from In its filing with the Commission, the
the purposes of the Act. If the submissions. You should submit only self-regulatory organization included
Commission takes such action, the information that you wish to make statements concerning the purpose of,
Commission shall institute proceedings available publicly. All submissions and basis for, the proposed rule change
under Section 19(b)(2)(B)13 of the Act to should refer to File Number SR– and discussed any comments it received
determine whether the proposed rule NYSEArca–2016–152 and should be on the proposed rule change. The text
change should be approved or submitted on or December 28, 2016. of those statements may be examined at
disapproved. For the Commission, by the Division of the places specified in Item IV below.
IV. Solicitation of Comments Trading and Markets, pursuant to delegated The Exchange has prepared summaries,
authority.14 set forth in sections A, B, and C below,
Interested persons are invited to Brent J. Fields, of the most significant parts of such
submit written data, views, and statements.
Secretary.
arguments concerning the foregoing,
[FR Doc. 2016–29290 Filed 12–6–16; 8:45 am] A. Self-Regulatory Organization’s
including whether the proposed rule
change is consistent with the Act. BILLING CODE 8011–01–P Statement of the Purpose of, and the
Comments may be submitted by any of Statutory Basis for, the Proposed Rule
the following methods: Change
SECURITIES AND EXCHANGE
Electronic Comments COMMISSION 1. Purpose
• Use the Commission’s Internet [Release No. 34–79443; File No. SR– The Exchange proposes to amend its
comment form (http://www.sec.gov/ NYSEMKT–2016–109] rules governing business continuity and
rules/sro.shtml); or disaster recovery to delete Rule 49—
• Send an email to rule-comments@ Self-Regulatory Organizations; NYSE Equities (Emergency Powers) (‘‘Print as
sec.gov. Please include File Number SR– MKT LLC; Notice of Filing and P Rule’’) and set an operative date for
NYSEArca–2016–152 on the subject Immediate Effectiveness of Proposed Rule 49—Equities (Exchange Business
line. Rule Change Amending Its Rules Continuity and Disaster Recovery Plans
Governing Business Continuity and and Mandatory Testing) (‘‘Rule 49’’).
Paper Comments
Disaster Recovery Planning The Exchange proposes to make these
• Send paper comments in triplicate changes because the Exchange has
to Secretary, Securities and Exchange December 1, 2016.
completed testing of the operation of
Commission, 100 F Street NE., Pursuant to Section 19(b)(1) 1 of the Rule 49 in its Disaster Recovery ‘‘DR’’
Washington, DC 20549–1090. Securities Exchange Act of 1934 (the facility and therefore plans to
All submissions should refer to File ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 implement it. Accordingly, the
Number SR–NYSEArca–2016–152. This notice is hereby given that on November Exchange proposes to delete its Print as
file number should be included on the 22, 2016, NYSE MKT LLC (the P Rule as obsolete, with an operative
subject line if email is used. To help the ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with date of November 23, 2016.
Commission process and review your the Securities and Exchange On September 29, 2016, the
comments more efficiently, please use Commission (the ‘‘Commission’’) the Commission approved amendments to
only one method. The Commission will proposed rule change as described in the Exchange’s business continuity and
post all comments on the Commission’s Items I and II below, which Items have disaster recovery plans.4 In that filing,
Internet Web site (http://www.sec.gov/ been prepared by the Exchange. The the Exchange added the following
rules/sro.shtml). Copies of the Commission is publishing this notice to preamble to the Print as P Rule:
submission, all subsequent solicit comments on the proposed rule This version of Rule 49—Equities will
amendments, all written statements change from interested persons. remain operative until the proposed rule
with respect to the proposed rule I. Self-Regulatory Organization’s changes described in SR–NYSEMKT–
change that are filed with the Statement of the Terms of Substance of 2016–68 are approved and the Exchange
Commission, and all written the Proposed Rule Change files a separate proposed rule change to
communications relating to the delete this version of Rule 49—Equities
proposed rule change between the The Exchange proposes to amend its
and preamble and to establish the
Commission and any person, other than rules governing business continuity and
operative date of paragraph (a) of ‘‘Rule
those that may be withheld from the disaster recovery to delete Rule 49—
49—Equities. Exchange Business
public in accordance with the Equities (Emergency Powers) and set an
Continuity and Disaster Recovery Plans
asabaliauskas on DSK3SPTVN1PROD with NOTICES
provisions of 5 U.S.C. 552, will be operative date for Rule 49—Equities
and Mandatory Testing.’’ Subject to
available for Web site viewing and (Exchange Business Continuity and
such separate proposed rule change, the
printing in the Commission’s Public Disaster Recovery Plans and Mandatory
Exchange will announce via Trader
Testing). The proposed rule change is
12 For purposes only of waiving the 30-day 4 See Securities Exchange Act Release No. 78917
14 17 CFR 200.30–3(a)(12).
operative delay, the Commission has considered the (September 23, 2016), 81 FR 67036 (September 29,
1 15 U.S.C.78s(b)(1).
proposed rule’s impact on efficiency, competition, 2016) (SR–NYSEMKT–2016–68) (order granting
and capital formation. See 15 U.S.C. 78c(f). 2 15 U.S.C. 78a.
approval of proposed rule change, as modified by
13 15 U.S.C. 78s(b)(2)(B). 3 17 CFR 240.19b–4. Amendment No. 1 and Partial Amendment No. 2).
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Document Created: 2016-12-07 05:31:40
Document Modified: 2016-12-07 05:31:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 88302 |
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