81_FR_94720 81 FR 94473 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Rule 3.2 and NYSE Arca Equities Rules 1.1, 3.2, 10.3, 10.8, 10.13, and 14

81 FR 94473 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Rule 3.2 and NYSE Arca Equities Rules 1.1, 3.2, 10.3, 10.8, 10.13, and 14

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 247 (December 23, 2016)

Page Range94473-94475
FR Document2016-30940

Federal Register, Volume 81 Issue 247 (Friday, December 23, 2016)
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Pages 94473-94475]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30940]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79594; File No. SR-NYSEArca-2016-164]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca 
Rule 3.2 and NYSE Arca Equities Rules 1.1, 3.2, 10.3, 10.8, 10.13, and 
14

December 19, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given 
that, on December 8, 2016, NYSE Arca, Inc. (``Exchange'' or ``NYSE 
Arca'') filed with the Securities and Exchange Commission 
(``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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Rule 3.2 and NYSE Arca 
Equities Rules 1.1, 3.2, 10.3, 10.8, 10.13, and 14 to delete outdated 
references. 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 proposes to amend the following rules to delete 
outdated references to the ``NYSE Arca Board of Governors'' in NYSE 
Arca Rule 3.2 and NYSE Arca Equities Rules 1.1, 3.2, 10.3, 10.8, 10.13, 
and 14.
    In 2016, the Exchange amended, among other rules, Rule 10.8 in 
order to establish a Committee for Review (``CFR'') as a sub-committee 
of the Regulatory Oversight Committee (``ROC'').\4\ When the Exchange's 
CFR was created, NYSE Arca Equities Rules 10.3 (Ex Parte 
Communications), 10.12 (Minor Rule Plan) and 10.13 (Hearing and Review 
of Decisions) were amended to replace outdated references to the ``NYSE 
Arca Board of Governors'' with the ``NYSE Arca Board of Directors.'' 
\5\ However, outdated references to the ``NYSE Arca Board of 
Governors'' in NYSE Arca Rule 3.2 and NYSE Arca Equities Rules 1.1, 
3.2, 10.3, 10.8, 10.13, and 14 were inadvertently omitted. The Exchange 
accordingly proposes to replace references to ``Governors'' with 
``Directors'' in these rules as follows:
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    \4\ See Securities Exchange Act Release No. 77898 (May 24, 
2016), 81 FR 34404 (May 31, 2016) (SR-NYSEArca-2016-11). 
Specifically, the Exchange amended NYSE Arca Equities Rule 10.8(a) 
and (b) to replace references to the NYSE Arca Equities Board 
Appeals Committee with references to the ``Committee for Review'' or 
``CFR'' and to replace references to the ``Appeals Panel'' with the 
``CFR Appeals Panel.'' See id., 81 FR at 34406. NYSE Arca Equities 
Rule 10.8(a) and (b) did not contain references to the ``NYSE Arca 
Board of Governors.''
    \5\ See id., 81 FR at 34406.
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     NYSE Arca Rule 3.2 (Options Committees) governs the 
organization, structure and membership of NYSE Arca Options committees. 
NYSE Arca Rule 3.2(b) sets forth the eligibility requirements for three 
[sic] specific Options Committees, including the Nominating Committee 
which is governed by Rule 3.2(b)(2). The Exchange proposes one 
replacement of ``Governors'' with ``Directors'' in subsection (C)(i) of 
Rule 3.2(b)(2).
     NYSE Arca Equities Rule 1.1(n) defines ETP Holder and 
describes ETP Holder's limited voting rights to, among other things, 
nominate directors to the Board of Directors of NYSE Arca. The Exchange 
proposes to replace ``Governor'' and ``Governors'' with ``Director'' 
and ``Directors,'' respectively, in NYSE Arca Equities Rule 1.1(n).
     NYSE Arca Equities Rule 3.2 (Equity Committees) governs 
the organization, structure and membership of NYSE Arca Equities 
committees. NYSE Arca Equities Rule 3.2(b) sets forth the eligibility 
requirements for three [sic] specific Options Committees [sic], 
including the Nominating Committee which is governed by Rule 3.2(b)(2). 
The Exchange proposes one replacement of ``Governors'' with 
``Directors'' in subsection (C)(ii) of Rule 3.2(b)(2). The Exchange 
also proposes a non-substantive change to delete ``the'' before ``NYSE 
Arca, Inc.'' in the last section of subsection (C)(ii).
     Subsection (a) of NYSE Arca Equities Rule 10.3 (Ex Parte 
Communications) governs certain prohibited communications. The Exchange 
proposes to replace ``Governors'' with ``Directors'' in NYSE Arca 
Equities Rule 10.3(a)(2)(e) and in NYSE Arca Equities Rule 
10.3(a)(3)(d).
     NYSE Arca Equities Rule 10.8 (Review) governs review of 
review [sic] of disciplinary decisions. The Exchange proposes three 
replacements of ``Governors'' with ``Directors'' in subsection (c) of 
NYSE Arca Equities

[[Page 94474]]

Rule 10.8, and two replacements of ``Governors'' with ``Directors'' in 
subsection (d).
     NYSE Arca Equities Rule 10.13 (Hearings and Review of 
Decisions) sets forth procedures for persons aggrieved by certain 
Exchange actions to seek review of those actions. The Exchange proposes 
three replacements of ``Governors'' with ``Directors'' in subsection 
(k) of NYSE Arca Equities Rule 10.13.
     Finally, the Exchange proposes one replacement of 
``Governors'' with ``Directors'' in NYSE Arca Equities Rule 14.1 (NYSE 
Arca, Inc.), which sets forth the plan of delegation of functions by 
NYSE Arca to NYSE Arca Equities.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Exchange Act \6\ in general, and with Section 
6(b)(5) \7\ in particular, in that it is designed to prevent fraudulent 
and manipulative acts and practices, to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in facilitating transactions in securities, and to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system and, in general, help to protect 
investors and the public interest. Specifically, the Exchange believes 
that replacing outdated references to ``Governors'' with ``Directors'' 
in the phrase ``NYSE Arca Board of Governors'' and one reference to a 
``Governor'' with ``Director'' in the NYSE Arca and NYSE Arca Equities 
Rules removes impediments to and perfects the mechanism of a free and 
open market by removing confusion that may result from having obsolete 
references in the Exchange's rulebook. The Exchange further believes 
that the proposal removes impediments to and perfects the mechanism of 
a free and open market by ensuring that persons subject to the 
Exchange's jurisdiction, regulators, and the investing public can more 
easily navigate and understand the Exchange's rulebook. The Exchange 
believes that eliminating obsolete references would not be inconsistent 
with the public interest and the protection of investors because 
investors will not be harmed and in fact would benefit from increased 
transparency, thereby reducing potential confusion. Removing such 
obsolete references will also further the goal of transparency and add 
clarity to the Exchange's rules.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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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 purposes of the Exchange Act. The proposed rule 
change is not intended to address competitive issues but rather to 
delete obsolete references, thereby increasing transparency, reducing 
confusion, and making the Exchange's rules easier to understand and 
navigate.

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, it has become effective pursuant to Section 
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
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 satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \10\ normally does not become operative for 30 days after the date 
of the filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The Exchange 
notes that the proposed rule change would delete obsolete references, 
which would reduce confusion and add clarity to its rulebook. The 
Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest. 
Therefore, the Commission hereby waives the operative delay and 
designates the proposed rule change operative upon filing.\12\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the 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 to 
determine whether the proposed rule change should be approved or 
disapproved.

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 Comments

     Use 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-2016-164 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-2016-164. 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

[[Page 94475]]

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-2016-164 and should 
be submitted on or before January 13, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-30940 Filed 12-22-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices                                         94473

                                                  All submissions should refer to File                    notice is hereby given that, on December              was created, NYSE Arca Equities Rules
                                                  Number SR–CBOE–2016–086. This file                      8, 2016, NYSE Arca, Inc. (‘‘Exchange’’ or             10.3 (Ex Parte Communications), 10.12
                                                  number should be included on the                        ‘‘NYSE Arca’’) filed with the Securities              (Minor Rule Plan) and 10.13 (Hearing
                                                  subject line if email is used. To help the              and Exchange Commission                               and Review of Decisions) were amended
                                                  Commission process and review your                      (‘‘Commission’’) the proposed rule                    to replace outdated references to the
                                                  comments more efficiently, please use                   change as described in Items I and II                 ‘‘NYSE Arca Board of Governors’’ with
                                                  only one method. The Commission will                    below, which Items have been prepared                 the ‘‘NYSE Arca Board of Directors.’’ 5
                                                  post all comments on the Commission’s                   by the self-regulatory organization. The              However, outdated references to the
                                                  Internet Web site (http://www.sec.gov/                  Commission is publishing this notice to               ‘‘NYSE Arca Board of Governors’’ in
                                                  rules/sro.shtml). Copies of the                         solicit comments on the proposed rule                 NYSE Arca Rule 3.2 and NYSE Arca
                                                  submission, all subsequent                              change from interested persons.                       Equities Rules 1.1, 3.2, 10.3, 10.8, 10.13,
                                                  amendments, all written statements                                                                            and 14 were inadvertently omitted. The
                                                                                                          I. Self-Regulatory Organization’s
                                                  with respect to the proposed rule                                                                             Exchange accordingly proposes to
                                                                                                          Statement of the Terms of Substance of
                                                  change that are filed with the                                                                                replace references to ‘‘Governors’’ with
                                                                                                          the Proposed Rule Change
                                                  Commission, and all written                                                                                   ‘‘Directors’’ in these rules as follows:
                                                  communications relating to the                             The Exchange proposes to amend                        • NYSE Arca Rule 3.2 (Options
                                                  proposed rule change between the                        NYSE Arca Rule 3.2 and NYSE Arca                      Committees) governs the organization,
                                                  Commission and any person, other than                   Equities Rules 1.1, 3.2, 10.3, 10.8, 10.13,           structure and membership of NYSE
                                                  those that may be withheld from the                     and 14 to delete outdated references.                 Arca Options committees. NYSE Arca
                                                  public in accordance with the                           The proposed rule change is available                 Rule 3.2(b) sets forth the eligibility
                                                  provisions of 5 U.S.C. 552, will be                     on the Exchange’s Web site at                         requirements for three [sic] specific
                                                  available for Web site viewing and                      www.nyse.com, at the principal office of              Options Committees, including the
                                                  printing in the Commission’s Public                     the Exchange, and at the Commission’s                 Nominating Committee which is
                                                  Reference Room, 100 F Street NE.,                       Public Reference Room.                                governed by Rule 3.2(b)(2). The
                                                  Washington, DC 20549 on official                        II. Self-Regulatory Organization’s                    Exchange proposes one replacement of
                                                  business days between the hours of                      Statement of the Purpose of, and                      ‘‘Governors’’ with ‘‘Directors’’ in
                                                  10:00 a.m. and 3:00 p.m. Copies of the                  Statutory Basis for, the Proposed Rule                subsection (C)(i) of Rule 3.2(b)(2).
                                                  filing also will be available for                                                                                • NYSE Arca Equities Rule 1.1(n)
                                                                                                          Change
                                                  inspection and copying at the principal                                                                       defines ETP Holder and describes ETP
                                                  office of the Exchange. All comments                       In its filing with the Commission, the             Holder’s limited voting rights to, among
                                                  received will be posted without change;                 self-regulatory organization included                 other things, nominate directors to the
                                                  the Commission does not edit personal                   statements concerning the purpose of,                 Board of Directors of NYSE Arca. The
                                                  identifying information from                            and basis for, the proposed rule change               Exchange proposes to replace
                                                  submissions. You should submit only                     and discussed any comments it received                ‘‘Governor’’ and ‘‘Governors’’ with
                                                  information that you wish to make                       on the proposed rule change. The text                 ‘‘Director’’ and ‘‘Directors,’’
                                                  available publicly. All submissions                     of those statements may be examined at                respectively, in NYSE Arca Equities
                                                  should refer to File Number SR–CBOE–                    the places specified in Item IV below.                Rule 1.1(n).
                                                  2016–086 and should be submitted on                     The Exchange has prepared summaries,                     • NYSE Arca Equities Rule 3.2
                                                  or before January 13, 2017.                             set forth in sections A, B, and C below,              (Equity Committees) governs the
                                                                                                          of the most significant parts of such                 organization, structure and membership
                                                    For the Commission, by the Division of                statements.
                                                  Trading and Markets, pursuant to delegated
                                                                                                                                                                of NYSE Arca Equities committees.
                                                  authority.14                                            A. Self-Regulatory Organization’s                     NYSE Arca Equities Rule 3.2(b) sets
                                                  Eduardo A. Aleman,                                      Statement of the Purpose of, and the                  forth the eligibility requirements for
                                                                                                          Statutory Basis for, the Proposed Rule                three [sic] specific Options Committees
                                                  Assistant Secretary.
                                                                                                          Change                                                [sic], including the Nominating
                                                  [FR Doc. 2016–30937 Filed 12–22–16; 8:45 am]
                                                                                                                                                                Committee which is governed by Rule
                                                  BILLING CODE 8011–01–P                                  1. Purpose                                            3.2(b)(2). The Exchange proposes one
                                                                                                             The Exchange proposes to amend the                 replacement of ‘‘Governors’’ with
                                                  SECURITIES AND EXCHANGE                                 following rules to delete outdated                    ‘‘Directors’’ in subsection (C)(ii) of Rule
                                                  COMMISSION                                              references to the ‘‘NYSE Arca Board of                3.2(b)(2). The Exchange also proposes a
                                                                                                          Governors’’ in NYSE Arca Rule 3.2 and                 non-substantive change to delete ‘‘the’’
                                                  [Release No. 34–79594; File No. SR–                     NYSE Arca Equities Rules 1.1, 3.2, 10.3,              before ‘‘NYSE Arca, Inc.’’ in the last
                                                  NYSEArca–2016–164]                                      10.8, 10.13, and 14.                                  section of subsection (C)(ii).
                                                                                                             In 2016, the Exchange amended,                        • Subsection (a) of NYSE Arca
                                                  Self-Regulatory Organizations; NYSE                     among other rules, Rule 10.8 in order to              Equities Rule 10.3 (Ex Parte
                                                  Arca, Inc.; Notice of Filing and                        establish a Committee for Review                      Communications) governs certain
                                                  Immediate Effectiveness of Proposed                     (‘‘CFR’’) as a sub-committee of the                   prohibited communications. The
                                                  Rule Change Amending NYSE Arca                          Regulatory Oversight Committee                        Exchange proposes to replace
                                                  Rule 3.2 and NYSE Arca Equities Rules                   (‘‘ROC’’).4 When the Exchange’s CFR                   ‘‘Governors’’ with ‘‘Directors’’ in NYSE
                                                  1.1, 3.2, 10.3, 10.8, 10.13, and 14                                                                           Arca Equities Rule 10.3(a)(2)(e) and in
                                                  December 19, 2016.
                                                                                                             4 See Securities Exchange Act Release No. 77898
                                                                                                                                                                NYSE Arca Equities Rule 10.3(a)(3)(d).
                                                                                                          (May 24, 2016), 81 FR 34404 (May 31, 2016) (SR–          • NYSE Arca Equities Rule 10.8
mstockstill on DSK3G9T082PROD with NOTICES




                                                     Pursuant to Section         19(b)(1) 1
                                                                                   of the                 NYSEArca–2016–11). Specifically, the Exchange
                                                  Securities Exchange Act of 1934                         amended NYSE Arca Equities Rule 10.8(a) and (b)
                                                                                                                                                                (Review) governs review of review [sic]
                                                  (‘‘Act’’) 2 and Rule 19b–4 thereunder,3                 to replace references to the NYSE Arca Equities       of disciplinary decisions. The Exchange
                                                                                                          Board Appeals Committee with references to the        proposes three replacements of
                                                    14 17
                                                                                                          ‘‘Committee for Review’’ or ‘‘CFR’’ and to replace    ‘‘Governors’’ with ‘‘Directors’’ in
                                                          CFR 200.30–3(a)(12).                            references to the ‘‘Appeals Panel’’ with the ‘‘CFR
                                                    1 15 U.S.C. 78s(b)(1).                                Appeals Panel.’’ See id., 81 FR at 34406. NYSE Arca   subsection (c) of NYSE Arca Equities
                                                    2 15 U.S.C. 78a.
                                                                                                          Equities Rule 10.8(a) and (b) did not contain
                                                    3 17 CFR 240.19b–4.                                   references to the ‘‘NYSE Arca Board of Governors.’’     5 See   id., 81 FR at 34406.



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                                                  94474                          Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices

                                                  Rule 10.8, and two replacements of                         B. Self-Regulatory Organization’s                         interest. Therefore, the Commission
                                                  ‘‘Governors’’ with ‘‘Directors’’ in                        Statement on Burden on Competition                        hereby waives the operative delay and
                                                  subsection (d).                                              The Exchange does not believe that                      designates the proposed rule change
                                                     • NYSE Arca Equities Rule 10.13                         the proposed rule change will impose                      operative upon filing.12
                                                  (Hearings and Review of Decisions) sets                                                                                 At any time within 60 days of the
                                                                                                             any burden on competition that is not
                                                  forth procedures for persons aggrieved                                                                               filing of the proposed rule change, the
                                                                                                             necessary or appropriate in furtherance
                                                  by certain Exchange actions to seek                                                                                  Commission summarily may
                                                                                                             of the purposes of the Exchange Act.
                                                  review of those actions. The Exchange                                                                                temporarily suspend such rule change if
                                                                                                             The proposed rule change is not
                                                  proposes three replacements of                                                                                       it appears to the Commission that such
                                                                                                             intended to address competitive issues                    action is necessary or appropriate in the
                                                  ‘‘Governors’’ with ‘‘Directors’’ in                        but rather to delete obsolete references,
                                                  subsection (k) of NYSE Arca Equities                                                                                 public interest, for the protection of
                                                                                                             thereby increasing transparency,                          investors, or otherwise in furtherance of
                                                  Rule 10.13.                                                reducing confusion, and making the
                                                     • Finally, the Exchange proposes one                                                                              the purposes of the Act. If the
                                                                                                             Exchange’s rules easier to understand                     Commission takes such action, the
                                                  replacement of ‘‘Governors’’ with                          and navigate.
                                                  ‘‘Directors’’ in NYSE Arca Equities Rule                                                                             Commission shall institute proceedings
                                                  14.1 (NYSE Arca, Inc.), which sets forth                   C. Self-Regulatory Organization’s                         to determine whether the proposed rule
                                                  the plan of delegation of functions by                     Statement on Comments on the                              change should be approved or
                                                  NYSE Arca to NYSE Arca Equities.                           Proposed Rule Change Received From                        disapproved.
                                                                                                             Members, Participants, or Others                          IV. Solicitation of Comments
                                                  2. Statutory Basis
                                                                                                               No written comments were solicited                        Interested persons are invited to
                                                     The Exchange believes that the                          or received with respect to the proposed                  submit written data, views, and
                                                  proposed rule change is consistent with                    rule change.                                              arguments concerning the foregoing,
                                                  Section 6(b) of the Exchange Act 6 in                                                                                including whether the proposed rule
                                                  general, and with Section 6(b)(5) 7 in                     III. Date of Effectiveness of the
                                                                                                             Proposed Rule Change and Timing for                       change is consistent with the Act.
                                                  particular, in that it is designed to                                                                                Comments may be submitted by any of
                                                  prevent fraudulent and manipulative                        Commission Action
                                                                                                                                                                       the following methods:
                                                  acts and practices, to promote just and                       Because the proposed rule change
                                                  equitable principles of trade, to foster                   does not: (i) Significantly affect the                    Electronic Comments
                                                  cooperation and coordination with                          protection of investors or the public                        • Use the Commission’s Internet
                                                  persons engaged in facilitating                            interest; (ii) impose any significant                     comment form (http://www.sec.gov/
                                                  transactions in securities, and to remove                  burden on competition; and (iii) become                   rules/sro.shtml); or
                                                  impediments to and perfect the                             operative for 30 days from the date on                       • Send an email to rule-comments@
                                                  mechanism of a free and open market                        which it was filed, or such shorter time                  sec.gov. Please include File Number SR–
                                                  and a national market system and, in                       as the Commission may designate, it has                   NYSEArca–2016–164 on the subject
                                                  general, help to protect investors and                     become effective pursuant to Section                      line.
                                                  the public interest. Specifically, the                     19(b)(3)(A) of the Act 8 and Rule 19b–
                                                                                                                                                                       Paper Comments
                                                  Exchange believes that replacing                           4(f)(6) thereunder.9
                                                  outdated references to ‘‘Governors’’ with                     A proposed rule change filed                              • Send paper comments in triplicate
                                                  ‘‘Directors’’ in the phrase ‘‘NYSE Arca                    pursuant to Rule 19b–4(f)(6) under the                    to Secretary, Securities and Exchange
                                                  Board of Governors’’ and one reference                     Act 10 normally does not become                           Commission, 100 F Street NE.,
                                                  to a ‘‘Governor’’ with ‘‘Director’’ in the                 operative for 30 days after the date of                   Washington, DC 20549–1090.
                                                  NYSE Arca and NYSE Arca Equities                           the filing. However, Rule 19b–                            All submissions should refer to File
                                                  Rules removes impediments to and                           4(f)(6)(iii) 11 permits the Commission to                 Number SR–NYSEArca–2016–164. This
                                                  perfects the mechanism of a free and                       designate a shorter time if such action                   file number should be included on the
                                                  open market by removing confusion that                     is consistent with the protection of                      subject line if email is used. To help the
                                                  may result from having obsolete                            investors and the public interest. The                    Commission process and review your
                                                  references in the Exchange’s rulebook.                     Exchange has asked the Commission to                      comments more efficiently, please use
                                                  The Exchange further believes that the                     waive the 30-day operative delay so that                  only one method. The Commission will
                                                  proposal removes impediments to and                        the proposal may become operative                         post all comments on the Commission’s
                                                  perfects the mechanism of a free and                       immediately upon filing. The Exchange                     Internet Web site (http://www.sec.gov/
                                                  open market by ensuring that persons                       notes that the proposed rule change                       rules/sro.shtml). Copies of the
                                                  subject to the Exchange’s jurisdiction,                    would delete obsolete references, which                   submission, all subsequent
                                                  regulators, and the investing public can                   would reduce confusion and add clarity                    amendments, all written statements
                                                  more easily navigate and understand the                    to its rulebook. The Commission                           with respect to the proposed rule
                                                  Exchange’s rulebook. The Exchange                          believes that waiving the 30-day                          change that are filed with the
                                                  believes that eliminating obsolete                         operative delay is consistent with the                    Commission, and all written
                                                  references would not be inconsistent                       protection of investors and the public                    communications relating to the
                                                  with the public interest and the                                                                                     proposed rule change between the
                                                  protection of investors because investors                    8 15  U.S.C. 78s(b)(3)(A).                              Commission and any person, other than
                                                  will not be harmed and in fact would                         9 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–       those that may be withheld from the
                                                                                                             4(f)(6)(iii) requires a self-regulatory organization to   public in accordance with the
                                                  benefit from increased transparency,
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                                                                                                             give the Commission written notice of its intent to
                                                  thereby reducing potential confusion.                      file the proposed rule change, along with a brief         provisions of 5 U.S.C. 552, will be
                                                  Removing such obsolete references will                     description and the text of the proposed rule             available for Web site viewing and
                                                  also further the goal of transparency and                  change, at least five business days prior to the date
                                                                                                             of filing of the proposed rule change, or such               12 For purposes only of waiving the 30-day
                                                  add clarity to the Exchange’s rules.                       shorter time as designated by the Commission. The         operative delay, the Commission has also
                                                                                                             Exchange has satisfied this requirement.                  considered the proposed rule’s impact on
                                                    6 15   U.S.C. 78f(b).                                       10 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                       efficiency, competition, and capital formation. See
                                                    7 15   U.S.C. 78f(b)(5).                                    11 17 CFR 240.19b–4(f)(6)(iii).                        15 U.S.C. 78c(f).



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                                                                                 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices                                             94475

                                                  printing in the Commission’s Public                     to submit a notice registration on Form               response to Rule 6a–4 shall not be kept
                                                  Reference Room, 100 F Street NE.,                       1–N.3 Form 1–N calls for information                  confidential; the information collected
                                                  Washington, DC 20549 on official                        regarding how the futures market                      is public information.
                                                  business days between the hours of                      operates, its rules and procedures,                      An agency may not conduct or
                                                  10:00 a.m. and 3:00 p.m. Copies of the                  corporate governance, its criteria for                sponsor, and a person is not required to
                                                  filing also will be available for                       membership, its subsidiaries and                      respond to, a collection of information
                                                  inspection and copying at the principal                 affiliates, and the security futures                  under the PRA unless it displays a
                                                  office of the Exchange. All comments                    products it intends to trade. Rule 6a–4               currently valid OMB control number.
                                                  received will be posted without change;                 also requires entities that have                         The public may view background
                                                  the Commission does not edit personal                   submitted an initial Form 1–N to file: (1)            documentation for this information
                                                  identifying information from                            Amendments to Form 1–N in the event                   collection at the following Web site,
                                                  submissions. You should submit only                     of material changes to the information                www.reginfo.gov. Comments should be
                                                  information that you wish to make                       provided in the initial Form 1–N; (2)                 directed to: (i) Desk Officer for the
                                                  available publicly. All submissions                     periodic updates of certain information               Securities and Exchange Commission,
                                                  should refer to File Number SR–                         provided in the initial Form 1–N; (3)                 Office of Information and Regulatory
                                                  NYSEArca–2016–164 and should be                         certain information that is provided to               Affairs, Office of Management and
                                                  submitted on or before January 13, 2017.                the futures market’s members; and (4) a               Budget, Room 10102, New Executive
                                                    For the Commission, by the Division of                monthly report summarizing the futures                Office Building, Washington, DC 20503,
                                                  Trading and Markets, pursuant to delegated              market’s trading of security futures                  or by sending an email to: Shagufta_
                                                  authority.13                                            products. The information required to                 Ahmed@omb.eop.gov; and (ii) Pamela
                                                  Eduardo A. Aleman,                                      be filed with the Commission pursuant                 Dyson, Director/Chief Information
                                                  Assistant Secretary.                                    to Rule 6a–4 is designed to enable the                Officer, Securities and Exchange
                                                  [FR Doc. 2016–30940 Filed 12–22–16; 8:45 am]            Commission to carry out its statutorily               Commission, c/o Remi Pavlik-Simon,
                                                                                                          mandated oversight functions and to                   100 F Street NE., Washington, DC 20549
                                                  BILLING CODE 8011–01–P
                                                                                                          ensure that registered and exempt                     or send an email to: PRA_Mailbox@
                                                                                                          exchanges continue to be in compliance                sec.gov. Comments must be submitted to
                                                  SECURITIES AND EXCHANGE                                 with the Act.                                         OMB within 30 days of this notice.
                                                  COMMISSION                                                 The respondents to the collection of                 Dated: December 13, 2016.
                                                                                                          information are futures markets.                      Robert W. Errett,
                                                  Submission for OMB Review;                                 The Commission estimates that the
                                                                                                                                                                Deputy Secretary.
                                                  Comment Request                                         total annual burden for all respondents
                                                                                                                                                                [FR Doc. 2016–30916 Filed 12–22–16; 8:45 am]
                                                                                                          to provide ad hoc amendments 4 to keep
                                                  Upon Written Request, Copies Available                  the Form 1–N accurate and up to date                  BILLING CODE 8011–01–P
                                                   From: Securities and Exchange                          as required under Rule 6a–4 would be
                                                   Commission, Office of FOIA Services,                   60 hours (15 hours/respondent per year
                                                   100 F Street NE., Washington, DC                       × 4 respondents 5) and $400 of                        DEPARTMENT OF STATE
                                                   20549–2736.
                                                                                                          miscellaneous clerical expenses. The                  [Public Notice 9814]
                                                  Extension:                                              Commission estimates that the total
                                                    Rule 6a–4, Form 1–N, SEC File No. 270–                annual burden for all respondents to                  Culturally Significant Objects Imported
                                                      496, OMB Control No. 3235–0554.                                                                           for Exhibition Determinations: ‘‘The
                                                                                                          provide annual and three-year
                                                     Notice is hereby given that pursuant                 amendments 6 under Rule 6a–4 would                    Mysterious Landscapes of Hercules
                                                  to the Paperwork Reduction Act of 1995                  be 88 hours (22 hours/respondent per                  Segers’’ Exhibition
                                                  (44 U.S.C. 3501 et seq.), the Securities                year × 4 respondents) and $576 ($144
                                                                                                                                                                SUMMARY:   Notice is hereby given of the
                                                  and Exchange Commission                                 per year × 4 respondents 7). The
                                                  (‘‘Commission’’) has submitted to the                                                                         following determinations: Pursuant to
                                                                                                          Commission estimates that the total
                                                  Office of Management and Budget                                                                               the authority vested in me by the Act of
                                                                                                          annual burden for the filing of the
                                                  (‘‘OMB’’) a request for extension of the                                                                      October 19, 1965 (79 Stat. 985; 22 U.S.C.
                                                                                                          supplemental information 8 and the
                                                  previously approved collection of                                                                             2459), E.O. 12047 of March 27, 1978, the
                                                                                                          monthly reports required under Rule
                                                  information provided for in Rule 6a–4                                                                         Foreign Affairs Reform and
                                                                                                          6a–4 would be 24 hours (6 hours/
                                                                                                                                                                Restructuring Act of 1998 (112 Stat.
                                                  and Form 1–N, as discussed below. The                   respondent per year × 4 respondents 9)
                                                  Code of Federal Regulation citation to                                                                        2681, et seq.; 22 U.S.C. 6501 note, et
                                                                                                          and $240 of miscellaneous clerical
                                                  this collection of information is 17 CFR                                                                      seq.), Delegation of Authority No. 234 of
                                                                                                          expenses. Thus, the Commission
                                                  240.6a–4 and 17 CFR 249.10 under the                                                                          October 1, 1999, Delegation of Authority
                                                                                                          estimates the total annual burden for
                                                  Securities Exchange Act of 1934 (15                                                                           No. 236–3 of August 28, 2000 (and, as
                                                                                                          complying with Rule 6a–4 is 172 hours
                                                  U.S.C. 78a et seq.) (the ‘‘Act’’).                                                                            appropriate, Delegation of Authority No.
                                                                                                          and $1216 in miscellaneous clerical
                                                     Section 6 of the Act 1 sets out a                                                                          257 of April 15, 2003), I hereby
                                                                                                          expenses.
                                                  framework for the registration and                                                                            determine that the objects to be
                                                                                                             Compliance with Rule 6a–4 is
                                                  regulation of national securities                                                                             included in the exhibition ‘‘The
                                                                                                          mandatory. Information received in
                                                  exchanges. Under the Commodity                                                                                Mysterious Landscapes of Hercules
                                                  Futures Modernization Act of 2000, a                      3 17  CFR 249.10.
                                                                                                                                                                Segers,’’ imported from abroad for
                                                  futures market may trade security                         4 17  CFR 240.6a–4(b)(1).                           temporary exhibition within the United
                                                                                                                                                                States, are of cultural significance. The
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                                                  futures products by registering as a                      5 The Commission estimates that four exchanges

                                                  national securities exchange. Rule 6a–                  will file amendments with the Commission in order     objects are imported pursuant to loan
                                                                                                          to keep their Form 1–N current.                       agreements with the foreign owners or
                                                  4 2 sets forth these registration                         6 17 CFR 240.6a–4(b)(3) and (4).
                                                  procedures and directs futures markets                    7 The Commission notes that while there are
                                                                                                                                                                custodians. I also determine that the
                                                                                                          currently five Security Futures Product Exchanges,
                                                                                                                                                                exhibition or display of the exhibit
                                                    13 17 CFR 200.30–3(a)(12).                            one of those exchanges, NQLX, is dormant.             objects at The Metropolitan Museum of
                                                    1 15 U.S.C. 78f.                                        8 17 CFR 240.6a–4(c)                                Art, New York, New York, from on or
                                                    2 17 CFR 240.6a–4.                                      9 See supra footnote 7.                             about February 7, 2017, until on or


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Document Created: 2016-12-23 12:29:06
Document Modified: 2016-12-23 12:29:06
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 94473 

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