81 FR 9532 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change, as Modified by Amendment Nos. 1 and 2, To List and Trade of Shares of RiverFront Dynamic Unconstrained Income ETF and RiverFront Dynamic Core Income ETF Under NYSE Arca Equities Rule 8.600

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 37 (February 25, 2016)

Page Range		9532-9533
FR Document		2016-03945

Federal Register, Volume 81 Issue 37 (Thursday, February 25, 2016)

[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9532-9533]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03945]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77184; File No. SR-NYSEArca-2015-125]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of 
Designation of a Longer Period for Commission Action on a Proposed Rule 
Change, as Modified by Amendment Nos. 1 and 2, To List and Trade of 
Shares of RiverFront Dynamic Unconstrained Income ETF and RiverFront 
Dynamic Core Income ETF Under NYSE Arca Equities Rule 8.600

February 19, 2016.
    On December 15, 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

[[Page 9533]]

list and trade shares (``Shares'') of the following under NYSE Arca 
Equities Rule 8.600: RiverFront Dynamic Unconstrained Income ETF and 
RiverFront Dynamic Core Income ETF. The Commission published notice of 
the proposed rule change in the Federal Register on January 6, 2016.\3\ 
On January 19, 2016, the Exchange submitted Amendment No. 1 to the 
proposed rule change, and on January 29, 2016, the Exchange submitted 
Amendment No. 2 to the proposed rule change.\4\ The Commission received 
no comment letters on the proposed rule change.
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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. 34-76798 (December 
30, 2015), 81 FR 526 (January 6, 2016) (NYSEArca-2015-125).
    \4\ Amendment No. 1 replaced and superseded the original filing 
in its entirety. Amendment No. 1 is available at https://www.sec.gov/comments/sr-nysearca-2015-125/nysearca2015125-1.pdf. 
Amendment No. 2 replaced and superseded the original filing, as 
modified by Amendment No. 1, in its entirety. Amendment No. 2 is 
available at https://www.sec.gov/comments/sr-nysearca-2015-125/nysearca2015125-2.pdf.
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    Section 19(b)(2) of the Act \5\ provides that, within 45 days of 
the publication of notice of the filing of a proposed rule change, or 
within such longer period up to 90 days as the Commission may designate 
if it finds such longer period to be appropriate and publishes its 
reasons for so finding or as to which the self-regulatory organization 
consents, the Commission shall either approve the proposed rule change, 
disapprove the proposed rule change, or institute proceedings to 
determine whether the proposed rule change should be disapproved. The 
Commission is extending this 45-day time period.
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    \5\ 15 U.S.C. 78s(b)(2).
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    The Commission finds that it is appropriate to designate a longer 
period within which to take action on the proposed rule change so that 
it has sufficient time to consider the proposed rule change. 
Accordingly, the Commission, pursuant to Section 19(b)(2) of the 
Act,\6\ designates April 5, 2016, as the date by which the Commission 
should either approve or disapprove or institute proceedings to 
determine whether to disapprove the proposed rule change (File Number 
SR-NYSEArca-2015-125), as modified by Amendment Nos. 1 and 2.
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    \6\ Id.

    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)(31).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-03945 Filed 2-24-16; 8:45 am]
 BILLING CODE 8011-01-P

9532 Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices

and a national market system and, in III. Date of Effectiveness of the Internet Web site (http://www.sec.gov/
general, to protect investors and the Proposed Rule Change and Timing for rules/sro.shtml).
public interest. The Exchange believes Commission Action Copies of the submission, all
that Rules 903–906 are burdensome and Because the foregoing proposed rule subsequent amendments, all written
unnecessary. These rules regarding change does not: (i) Significantly affect statements with respect to the proposed
partnership interests, use of names, the protection of investors or the public rule change that are filed with the
privileges, and changes to the interest; (ii) impose any significant Commission, and all written
partnership serve no modern purpose to burden on competition; and (iii) become communications relating to the
operative for 30 days from the date on proposed rule change between the
the Exchange. The former ownership
which it was filed, or such shorter time Commission and any person, other than
structure required the Exchange to be
as the Commission may designate, it has those that may be withheld from the
vigilant of the ownership structure of its public in accordance with the
members in case of financial distress or become effective pursuant to Section
19(b)(3)(A)(iii) of the Act 5 and provisions of 5 U.S.C. 552, will be
bankruptcy as the seat structure was available for Web site viewing and
vital to the financial condition of the subparagraph (f)(6) of Rule 19b–4
thereunder.6 printing in the Commission’s Public
Exchange. Before demutualization, Reference Room, 100 F Street NE.,
At any time within 60 days of the
members had ownership interest in the Washington, DC 20549, on official
filing of the proposed rule change, the
Exchange. Today, permits convey no Commission summarily may business days between the hours of
ownership and therefore such vigilance temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of the
as to the ownership structure of it appears to the Commission that such filing also will be available for
members is not warranted. The rules action is: (i) Necessary or appropriate in inspection and copying at the principal
have not been changed since the public interest; (ii) for the protection office of the Exchange. All comments
demutualization, but for 904 and 906 of investors; or (iii) otherwise in received will be posted without change;
which were edited in 2009 in order to furtherance of the purposes of the Act. the Commission does not edit personal
replace the term ‘‘Membership If the Commission takes such action, the identifying information from
Committee’’ with ‘‘Membership Commission shall institute proceedings submissions. You should submit only
Department’’ which was done in to determine whether the proposed rule information that you wish to make
conjunction with other changes to the should be approved or disapproved. The available publicly.
Exchange has provided the Commission All submissions should refer to File
standing committees and corporate
written notice of its intent to file the Number SR–Phlx–2016–20 and should
governance processes in order to make be submitted on or before March 17,
the Exchange more similar to the other proposed rule change, along with a brief
description and text of the proposed 2016.
Nasdaq SRO’s.
rule change, at least five business days For the Commission, by the Division of
The removal of Rules 903–906 will prior to the date of filing of the Trading and Markets, pursuant to delegated
promote just and equitable principles of proposed rule change. authority.7
trade, to foster cooperation and Brent J. Fields,
coordination with persons engaged in IV. Solicitation of Comments Secretary.
facilitating transactions in securities by Interested persons are invited to [FR Doc. 2016–03946 Filed 2–24–16; 8:45 am]
removing burdensome requirements so submit written data, views, and BILLING CODE 8011–01–P
that members may properly focus on arguments concerning the foregoing,
other relevant requirements which including whether the proposed rule
benefit the marketplace. change is consistent with the Act. SECURITIES AND EXCHANGE
Comments may be submitted by any of COMMISSION
B. Self-Regulatory Organization’s the following methods:
Statement on Burden on Competition [Release No. 34–77184; File No. SR–
Electronic Comments NYSEArca–2015–125]
The proposed rule change does not • Use the Commission’s Internet
impose any burden on competition that Self-Regulatory Organizations; NYSE
comment form (http://www.sec.gov/ Arca, Inc.; Notice of Designation of a
is not necessary or appropriate in rules/sro.shtml); or Longer Period for Commission Action
furtherance of the purposes of the Act. • Send an email to rule-comments@ on a Proposed Rule Change, as
The Exchange’s proposed amendments sec.gov. Please include File Number SR– Modified by Amendment Nos. 1 and 2,
seek to delete certain unnecessary rules Phlx–2016–20 on the subject line. To List and Trade of Shares of
which today burden partnerships over RiverFront Dynamic Unconstrained
Paper Comments
corporation. The deletions of Rules 903– Income ETF and RiverFront Dynamic
906 will remove a current burden on • Send paper comments in triplicate
to Secretary, Securities and Exchange Core Income ETF Under NYSE Arca
competition which requires members Equities Rule 8.600
and member organizations that are Commission, 100 F Street NE.,
partnerships to disclose unnecessary Washington, DC 20549–1090. February 19, 2016.
information as compared to other All submissions should refer to File On December 15, 2015, NYSE Arca,
corporate entities not structured as a Number SR–Phlx–2016–20. This file Inc. (‘‘Exchange’’) filed with the
partnership. number should be included on the Securities and Exchange Commission
mstockstill on DSK4VPTVN1PROD with NOTICES

subject line if email is used. To help the (‘‘Commission’’), pursuant to Section
C. Self-Regulatory Organization’s Commission process and review your 19(b)(1) of the Securities Exchange Act
Statement on Comments on the comments more efficiently, please use of 1934 (‘‘Act’’) 1 and Rule 19b–4
Proposed Rule Change Received From only one method. The Commission will thereunder,2 a proposed rule change to
Members, Participants, or Others post all comments on the Commission’s
7 17 CFR 200.30–3(a)(12).
No written comments were either 5 15 U.S.C. 78s(b)(3)(a)(iii). 1 15 U.S.C. 78s(b)(1).
solicited or received. 6 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b-4.

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Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices 9533

list and trade shares (‘‘Shares’’) of the SECURITIES AND EXCHANGE Option class Registration cost
following under NYSE Arca Equities COMMISSION
Rule 8.600: RiverFront Dynamic All options ....................... [.001].0001
Unconstrained Income ETF and [Release No. 34–77194; File No. SR–C2–
RiverFront Dynamic Core Income ETF. 2016–002] (e) No change.
The Commission published notice of the * * * * *
proposed rule change in the Federal Self-Regulatory Organizations; C2
Register on January 6, 2016.3 On Options Exchange, Incorporated; The text of the proposed rule change
January 19, 2016, the Exchange Notice of Filing and Immediate is also available on the Exchange’s Web
submitted Amendment No. 1 to the Effectiveness of Proposed Rule site (http://www.cboe.com/AboutCBOE/
proposed rule change, and on January Change To Amend Rule 8.2 CBOELegalRegulatoryHome.aspx), at
29, 2016, the Exchange submitted the Exchange’s Office of the Secretary,
Amendment No. 2 to the proposed rule February 19, 2016. and at the Commission’s Public
change.4 The Commission received no Pursuant to Section 19(b)(1) of the Reference Room.
comment letters on the proposed rule Securities Exchange Act of 1934 II. Self-Regulatory Organization’s
change. (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Statement of the Purpose of, and
Section 19(b)(2) of the Act 5 provides notice is hereby given that on February Statutory Basis for, the Proposed Rule
that, within 45 days of the publication 10, 2016, C2 Options Exchange, Change
of notice of the filing of a proposed rule Incorporated (‘‘C2’’ or the ‘‘Exchange’’)
change, or within such longer period up filed with the Securities and Exchange In its filing with the Commission, the
to 90 days as the Commission may Commission (‘‘Commission’’) the Exchange included statements
designate if it finds such longer period proposed rule change as described in concerning the purpose of and basis for
to be appropriate and publishes its Items I and II below, which Items have the proposed rule change and discussed
reasons for so finding or as to which the been prepared by the Exchange. The any comments it received on the
self-regulatory organization consents, Commission is publishing this notice to proposed rule change. The text of these
the Commission shall either approve the solicit comments on the proposed rule statements may be examined at the
proposed rule change, disapprove the change from interested persons. places specified in Item IV below. The
proposed rule change, or institute Exchange has prepared summaries, set
I. Self-Regulatory Organization’s forth in sections A, B, and C below, of
proceedings to determine whether the Statement of the Terms of Substance of
proposed rule change should be the most significant aspects of such
the Proposed Rule Change statements.
disapproved. The Commission is
extending this 45-day time period. The Exchange proposes to amend C2 A. Self-Regulatory Organization’s
The Commission finds that it is Rule 8.2 relating to the Market-Maker Statement of the Purpose of, and the
appropriate to designate a longer period registration cost for all option classes. Statutory Basis for, the Proposed Rule
within which to take action on the The text of the proposed rule change is Change
proposed rule change so that it has provided below.
sufficient time to consider the proposed 1. Purpose
(additions are italicized; deletions are
rule change. Accordingly, the [bracketed])
Commission, pursuant to Section The purpose of this rule change is to
19(b)(2) of the Act,6 designates April 5, * * * * * amend C2 Rule 8.2 relating to the
2016, as the date by which the Market-Maker registration cost for all
C2 Options Exchange, Incorporated option classes. All option classes on C2
Commission should either approve or Rules
disapprove or institute proceedings to currently have a registration cost of
determine whether to disapprove the * * * * * .001. C2 proposes to reduce the
proposed rule change (File Number SR– registration cost to .0001, effective
Rule 8.2. Continuing Market-Maker February 22, 2016, which would apply
NYSEArca-2015–125), as modified by Registration
Amendment Nos. 1 and 2. to all existing classes that currently
(a)–(c) No change. trade on C2 and to all classes listed in
For the Commission, by the Division of the future.
Trading and Markets, pursuant to delegated (d) Market-Maker Option Class
authority.7 Registration. Absent an exemption by In support of this filing, the Exchange
Brent J. Fields, the Exchange, an option class states it intends to add an additional
Secretary. registration of a Market-Maker confers 2,000 option classes beginning the week
the right to quote in that product. A of February 22, 2016. By reducing the
[FR Doc. 2016–03945 Filed 2–24–16; 8:45 am]
Market-Maker may change its registered registration cost for existing classes,
BILLING CODE 8011–01–P
classes upon advance notification to the Market-Makers could utilize the excess
Exchange in a form and manner registration capacity of their current
3 See Securities Exchange Act Release No. 34–
prescribed by the Exchange. trading permits to quote in these
76798 (December 30, 2015), 81 FR 526 (January 6,
2016) (NYSEArca–2015–125). Each Trading Permit held by a additional option classes when they
4 Amendment No. 1 replaced and superseded the
Market-Maker has a registration credit of begin trading without having to obtain
original filing in its entirety. Amendment No. 1 is 1.0. A Market-Maker may select for each any additional trading permits, which
available at https://www.sec.gov/comments/sr- promotes competition and efficiency.
mstockstill on DSK4VPTVN1PROD with NOTICES

nysearca-2015-125/nysearca2015125-1.pdf. Trading Permit the Market-Maker holds
Amendment No. 2 replaced and superseded the any combination of option classes, The Exchange will announce its plan
original filing, as modified by Amendment No. 1, whose aggregate registration cost does to reduce the registration cost for all
in its entirety. Amendment No. 2 is available at not exceed 1.0. Option class option classes via Regulatory Circular at
https://www.sec.gov/comments/sr-nysearca-2015-
125/nysearca2015125-2.pdf. ‘‘registration costs’’ are set forth below: least one business day before February
5 15 U.S.C. 78s(b)(2). 22, 2016, which the Exchange believes
6 Id. 1 15 U.S.C. 78s(b)(1). provides Market-Makers with sufficient
7 17 CFR 200.30–3(a)(31). 2 17 CFR 240.19b–4. notice.

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Document Created: 2018-02-02 14:35:05
Document Modified: 2018-02-02 14:35:05

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 9532