81 FR 9038 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Withdrawal of a Proposed Rule Change To Adopt a New Policy Relating To Trade Reports for Exchange Traded Products

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range		9038-9038
FR Document		2016-03739

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016)

[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Page 9038]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03739]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77170; SR-NYSEArca-2015-104]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of 
Withdrawal of a Proposed Rule Change To Adopt a New Policy Relating To 
Trade Reports for Exchange Traded Products

February 18, 2016.
    On October 28, 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 adopt a new 
policy relating to the Exchange's treatment of trade reports for 
Exchange Traded Products that it determines to be inconsistent with the 
prevailing market. The proposed rule change was published for comment 
in the Federal Register on November 18, 2015.\3\ The Commission 
received two comments on the proposed rule change.\4\ On December 17, 
2015, pursuant to section 19(b)(2) of the Act,\5\ the Commission 
designated a longer period within which to either approve the proposed 
rule change, disapprove the proposed rule change, or institute 
proceedings to determine whether to disapprove the proposed rule 
change.\6\
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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. 76431 (Nov. 12, 
2015), 80 FR 72126.
    \4\ See Letter from Gary Gastineau, ETF Consultants.com, Inc., 
to the Commission (Nov. 27, 2015); Letter from James J. Angel, 
Associate Professor, Georgetown University, to the Commission (Dec. 
5, 2015). All comments on the proposed rule change are available on 
the Commission's Web site at: http://www.sec.gov/comments/sr-nysearca-2015-104/nysearca2015104.shtml.
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ See Securities Exchange Act Release No. 76673, 80 FR 79963 
(Dec. 23, 2015). The Commission determined that it was appropriate 
to designate a longer period within which to take action on the 
proposed rule change so that it had sufficient time to consider the 
proposed rule change and the comments received. Accordingly, the 
Commission designated February 16, 2016 as the date by which it 
should approve, disapprove, or institute proceedings to determine 
whether to disapprove the proposed rule change.
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    On January 28, 2016, the Exchange withdrew the proposed rule change 
(SR-NYSEArca-2015-104).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(57).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-03739 Filed 2-22-16; 8:45 am]
BILLING CODE 8011-01-P

9038 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices

provisions of 5 U.S.C. 552, will be pursuant to section 19(b)(2) of the Act,5 an amended brochure or brochure
available for Web site viewing and the Commission designated a longer supplement (or just a statement
printing in the Commission’s Public period within which to either approve describing the amendment) to clients
Reference Room, 100 F Street NE., the proposed rule change, disapprove only when disciplinary information in
Washington, DC 20549 on official the proposed rule change, or institute the brochure or supplement becomes
business days between the hours of proceedings to determine whether to materially inaccurate. The brochure
10:00 a.m. and 3:00 p.m. Copies of the disapprove the proposed rule change.6 assists the client in determining
filing also will be available for On January 28, 2016, the Exchange whether to retain, or continue
inspection and copying at the principal withdrew the proposed rule change
employing, the adviser. The information
office of the Exchange. All comments (SR–NYSEArca–2015–104).
that Rule 204–3 requires to be contained
received will be posted without change; For the Commission, by the Division of in the brochure is also used by the
the Commission does not edit personal Trading and Markets, pursuant to delegated
Commission and staff in its
identifying information from authority.7
enforcement, regulatory, and
submissions. You should submit only Robert W. Errett,
examination programs. This collection
information that you wish to make Deputy Secretary.
available publicly. All submissions of information is found at 17 CFR
[FR Doc. 2016–03739 Filed 2–22–16; 8:45 am]
should refer to File Number SR– 275.204–3 and is mandatory.
BILLING CODE 8011–01–P
NYSEArca–2016–14 and should be The respondents to this information
submitted on or before March 15, 2016. collection are investment advisers
For the Commission, by the Division of SECURITIES AND EXCHANGE registered with the Commission. Our
Trading and Markets, pursuant to delegated COMMISSION latest data indicate that there were
authority.37 11,956 advisers registered with the
Robert W. Errett, Proposed Collection; Comment Commission as of January 4, 2016. The
Request Commission has estimated that
Deputy Secretary.
[FR Doc. 2016–03667 Filed 2–22–16; 8:45 am] Upon Written Request, Copies Available compliance with rule 204–3 imposes a
BILLING CODE 8011–01–P From: Securities and Exchange burden of approximately 39 hours
Commission, Office of FOIA Services, annually based on an average adviser
100 F Street NE., Washington, DC having 1,494 clients. Based on this
SECURITIES AND EXCHANGE 20549–2736. figure, the Commission estimates a total
COMMISSION Extension: Rule 204–3, SEC File No. 270–42, annual burden of 466,145 hours for this
[Release No. 34–77170; SR–NYSEArca– OMB Control No. 3235–0047. collection of information.
2015–104] Notice is hereby given that pursuant Written comments are invited on: (a)
to the Paperwork Reduction Act of 1995 Whether the collection of information is
Self-Regulatory Organizations; NYSE (44 U.S.C. 3501 et seq.) the Securities necessary for the proper performance of
Arca, Inc.; Notice of Withdrawal of a and Exchange Commission the functions of the agency, including
Proposed Rule Change To Adopt a (‘‘Commission’’) is soliciting comments whether the information will have
New Policy Relating To Trade Reports on the collection of information practical utility; (b) the accuracy of the
for Exchange Traded Products summarized below. The Commission agency’s estimate of the burden of the
February 18, 2016. plans to submit this existing collection collection of information; (c) ways to
On October 28, 2015, NYSE Arca, Inc. of information to the Office of enhance the quality, utility, and clarity
(‘‘Exchange’’) filed with the Securities Management and Budget for extension of the information collected; and (d)
and Exchange Commission and approval. ways to minimize the burden of the
(‘‘Commission’’), pursuant to section The title for the collection of
collection of information on
19(b)(1) of the Securities Exchange Act information is ‘‘Rule 204–3 (17 CFR
respondents, including through the use
of 1934 (‘‘Act’’) 1 and Rule 19b–4 275.204–3) under the Investment
of automated collection techniques or
thereunder,2 a proposed rule change to Advisers Act of 1940.’’ (15 U.S.C. 80b).
Rule 204–3, the ‘‘brochure rule,’’ other forms of information technology.
adopt a new policy relating to the Consideration will be given to
Exchange’s treatment of trade reports for requires advisers to deliver their
brochures and brochure supplements at comments and suggestions submitted in
Exchange Traded Products that it writing within 60 days of this
determines to be inconsistent with the the start of an advisory relationship and
to deliver annually thereafter the full publication.
prevailing market. The proposed rule
change was published for comment in updated brochure or a summary of Please direct your written comments
the Federal Register on November 18, material changes to their brochure. The to Pamela Dyson, Director/Chief
2015.3 The Commission received two rule also requires that advisers deliver Information Officer, Securities and
comments on the proposed rule Exchange Commission, C/O Remi
comments/sr-nysearca-2015-104/ Pavlik-Simon, 100 F Street NE.,
change.4 On December 17, 2015, nysearca2015104.shtml.
5 15 U.S.C. 78s(b)(2). Washington, DC 20549; or send an email
37 17 CFR 200.30–3(a)(12). 6 See Securities Exchange Act Release No. 76673, to: PRA_Mailbox@sec.gov.
1 15 U.S.C. 78s(b)(1). 80 FR 79963 (Dec. 23, 2015). The Commission Dated: February 17, 2016.
2 17 CFR 240.19b–4.
determined that it was appropriate to designate a
mstockstill on DSK4VPTVN1PROD with NOTICES

3 See Securities Exchange Act Release No. 76431 longer period within which to take action on the Robert W. Errett,
(Nov. 12, 2015), 80 FR 72126. proposed rule change so that it had sufficient time Deputy Secretary.
4 See Letter from Gary Gastineau, ETF to consider the proposed rule change and the
Consultants.com, Inc., to the Commission (Nov. 27, comments received. Accordingly, the Commission [FR Doc. 2016–03642 Filed 2–22–16; 8:45 am]
2015); Letter from James J. Angel, Associate designated February 16, 2016 as the date by which BILLING CODE 8011–01–P
Professor, Georgetown University, to the it should approve, disapprove, or institute
Commission (Dec. 5, 2015). All comments on the proceedings to determine whether to disapprove the
proposed rule change are available on the proposed rule change.
Commission’s Web site at: http://www.sec.gov/ 7 17 CFR 200.30–3(a)(57).

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Document Created: 2018-02-02 14:33:06
Document Modified: 2018-02-02 14:33:06

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 9038