81_FR_9073 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

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 Range9038-9038
FR Document2016-03739

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]


-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

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).




                                             VerDate Sep<11>2014   17:06 Feb 22, 2016   Jkt 238001   PO 00000   Frm 00144   Fmt 4703   Sfmt 9990   E:\FR\FM\23FEN1.SGM   23FEN1



Document Created: 2018-02-02 14:33:06
Document Modified: 2018-02-02 14:33:06
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 9038 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR