81_FR_992 81 FR 987 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change To Adopt Generic Listing Standards for Managed Fund Shares

81 FR 987 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change To Adopt Generic Listing Standards for Managed Fund Shares

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 5 (January 8, 2016)

Page Range987-987
FR Document2016-00104

Federal Register, Volume 81 Issue 5 (Friday, January 8, 2016)
[Federal Register Volume 81, Number 5 (Friday, January 8, 2016)]
[Notices]
[Page 987]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00104]



[[Page 987]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76819; File No. SR-NYSEArca-2015-110]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of 
Designation of a Longer Period for Commission Action on Proposed Rule 
Change To Adopt Generic Listing Standards for Managed Fund Shares

January 4, 2016.
    On November 6, 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 amend NYSE Arca 
Equities Rule 8.600 and to adopt generic listing standards for Managed 
Fund Shares. The proposed rule change was published for comment in the 
Federal Register on November 27, 2015.\3\ On November 23, 2015, the 
Exchange filed Amendment No. 1 to the proposed rule change, which 
replaced and superseded the original proposal in its entirety. The 
Commission has received one comment letter on the proposal.\4\
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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. 76486 (Nov. 20, 
2015), 80 FR 74169.
    \4\ See Letter from Rob Ivanoff to the Commission dated Nov. 22, 
2015. All comments on the proposed rule change are available on the 
Commission's Web site at:  http://www.sec.gov/comments/sr-nysearca-2015-110/nysearca2015110.shtml.
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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 
45th day after publication of the notice for this proposed rule change 
is January 11, 2016. 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 it appropriate to designate a longer period 
within which to take action on the proposed rule change so that it has 
sufficient time to consider this proposed rule change. Accordingly, the 
Commission, pursuant to section 19(b)(2) of the Act,\6\ designates 
February 25, 2016, as the date by which the Commission shall either 
approve or disapprove, or institute proceedings to determine whether to 
disapprove, the proposed rule change (File No. SR-NYSEArca-2015-110).
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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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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-00104 Filed 1-7-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 81, No. 5 / Friday, January 8, 2016 / Notices                                                      987

                                                   SECURITIES AND EXCHANGE                                 designates February 25, 2016, as the                   adopt a new tier called the Investor
                                                   COMMISSION                                              date by which the Commission shall                     Depth Tier under footnote 1.
                                                                                                           either approve or disapprove, or                          The text of the proposed rule change
                                                   [Release No. 34–76819; File No. SR–
                                                                                                           institute proceedings to determine                     is available at the Exchange’s Web site
                                                   NYSEArca–2015–110]
                                                                                                           whether to disapprove, the proposed                    at www.batstrading.com, at the
                                                   Self-Regulatory Organizations; NYSE                     rule change (File No. SR–NYSEArca–                     principal office of the Exchange, and at
                                                   Arca, Inc.; Notice of Designation of a                  2015–110).                                             the Commission’s Public Reference
                                                   Longer Period for Commission Action                       For the Commission, by the Division of               Room.
                                                   on Proposed Rule Change To Adopt                        Trading and Markets, pursuant to delegated
                                                                                                           authority.7                                            II. Self-Regulatory Organization’s
                                                   Generic Listing Standards for Managed
                                                                                                           Robert W. Errett,                                      Statement of the Purpose of, and
                                                   Fund Shares
                                                                                                           Deputy Secretary.                                      Statutory Basis for, the Proposed Rule
                                                   January 4, 2016.                                                                                               Change
                                                                                                           [FR Doc. 2016–00104 Filed 1–7–16; 8:45 am]
                                                      On November 6, 2015, NYSE Arca,
                                                   Inc. (‘‘Exchange’’) filed with the
                                                                                                           BILLING CODE 8011–01–P                                   In its filing with the Commission, the
                                                   Securities and Exchange Commission                                                                             Exchange included statements
                                                   (‘‘Commission’’), pursuant to section                                                                          concerning the purpose of and basis for
                                                                                                           SECURITIES AND EXCHANGE                                the proposed rule change and discussed
                                                   19(b)(1) of the Securities Exchange Act                 COMMISSION
                                                   of 1934 (‘‘Act’’) 1 and Rule 19b–4                                                                             any comments it received on the
                                                   thereunder,2 a proposed rule change to                  [Release No. 34–76816; File No. SR–EDGX–               proposed rule change. The text of these
                                                   amend NYSE Arca Equities Rule 8.600                     2015–67]                                               statements may be examined at the
                                                   and to adopt generic listing standards                                                                         places specified in Item IV below. The
                                                                                                           Self-Regulatory Organizations; EDGX                    Exchange has prepared summaries, set
                                                   for Managed Fund Shares. The proposed                   Exchange, Inc.; Notice of Filing and
                                                   rule change was published for comment                                                                          forth in Sections A, B, and C below, of
                                                                                                           Immediate Effectiveness of a Proposed                  the most significant parts of such
                                                   in the Federal Register on November 27,                 Rule Change Related to Fees for Use
                                                   2015.3 On November 23, 2015, the                                                                               statements.
                                                                                                           of EDGX Exchange, Inc.
                                                   Exchange filed Amendment No. 1 to the                                                                          A. Self-Regulatory Organization’s
                                                   proposed rule change, which replaced                    January 4, 2016.                                       Statement of the Purpose of, and
                                                   and superseded the original proposal in                    Pursuant to Section 19(b)(1) of the                 Statutory Basis for, the Proposed Rule
                                                   its entirety. The Commission has                        Securities Exchange Act of 1934 (the                   Change
                                                   received one comment letter on the                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                   proposal.4                                              notice is hereby given that on December                1. Purpose
                                                      Section 19(b)(2) of the Act 5 provides               22, 2015, EDGX Exchange, Inc. (the                        Currently, the Exchange determines
                                                   that within 45 days of the publication of               ‘‘Exchange’’ or ‘‘EDGX’’) filed with the               the liquidity adding rebate that it will
                                                   notice of the filing of a proposed rule                 Securities and Exchange Commission                     provide to Members using the
                                                   change, or within such longer period up                 (‘‘Commission’’) the proposed rule                     Exchange’s tiered pricing structure.
                                                   to 90 days as the Commission may                        change as described in Items I, II, and                Under such pricing structure, a Member
                                                   designate if it finds such longer period                III below, which Items have been                       will receive a rebate of anywhere
                                                   to be appropriate and publishes its                     prepared by the Exchange. The                          between $0.0025 and $0.0035 per share
                                                   reasons for so finding, or as to which the              Exchange has designated the proposed                   executed, depending on the volume tier
                                                   self-regulatory organization consents,                  rule change as one establishing or                     for which such Member qualifies. The
                                                   the Commission shall either approve the                 changing a member due, fee, or other                   Exchange proposes to adopt a new tier
                                                   proposed rule change, disapprove the                    charge imposed by the Exchange under
                                                                                                                                                                  called the Investor Depth Tier under
                                                   proposed rule change, or institute                      Section 19(b)(3)(A)(ii) of the Act 3 and
                                                                                                                                                                  footnote 1 of the Fee Schedule.
                                                   proceedings to determine whether the                    Rule 19b–4(f)(2) thereunder,4 which
                                                                                                                                                                  Members who would qualify for the
                                                   proposed rule change should be                          renders the proposed rule change
                                                                                                                                                                  Investor Depth Tier would receive a
                                                   disapproved. The 45th day after                         effective upon filing with the
                                                                                                                                                                  rebate of $0.0033 per share where they:
                                                   publication of the notice for this                      Commission. The Commission is
                                                                                                                                                                  (i) Add an ADV 6 of at least 0.15% of the
                                                   proposed rule change is January 11,                     publishing this notice to solicit
                                                                                                                                                                  TCV; 7 (ii) have an ‘‘added liquidity’’ as
                                                   2016. The Commission is extending this                  comments on the proposed rule change
                                                                                                                                                                  a percentage of ‘‘added plus removed
                                                   45-day time period.                                     from interested persons.
                                                                                                                                                                  liquidity’’ of at least 85%; and (3) add
                                                      The Commission finds it appropriate                  I. Self-Regulatory Organization’s                      an ADV of at least 500,000 share as Non-
                                                   to designate a longer period within                     Statement of the Terms of Substance of                 displayed 8 orders that yield fee code
                                                   which to take action on the proposed                    the Proposed Rule Change                               HA.9 The Exchange proposes to
                                                   rule change so that it has sufficient time                                                                     implement this amendment to its Fee
                                                   to consider this proposed rule change.                     The Exchange filed a proposal to
                                                                                                           amend the fee schedule applicable to                   Schedule on January 4, 2016.10
                                                   Accordingly, the Commission, pursuant
                                                   to section 19(b)(2) of the Act,6                        Members 5 and non-members of the
                                                                                                                                                                    6 As defined in the Exchange’s Fee Schedule
                                                                                                           Exchange pursuant to EDGX Rules
                                                                                                                                                                  available at http://batstrading.com/support/
                                                     1 15   U.S.C. 78s(b)(1).                              15.1(a) and (c) (‘‘Fee Schedule’’) to                  fee_schedule/edgx/.
                                                     2 17   CFR 240.19b–4.                                                                                          7 Id.
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                                                      3 See Securities Exchange Act Release No. 76486        6 Id.
                                                                                                                                                                    8 See Exchange Rule 11.6(e)(2).
                                                                                                             7 17 CFR 200.30–3(a)(31).
                                                   (Nov. 20, 2015), 80 FR 74169.                                                                                    9 Fee code HA is appended to Non-displayed
                                                      4 See Letter from Rob Ivanoff to the Commission        1 15 U.S.C. 78s(b)(1).                               orders that add liquidity on the Exchange. See the
                                                   dated Nov. 22, 2015. All comments on the proposed         2 17 CFR 240.19b–4.
                                                                                                                                                                  Exchange’s Fee Schedule available at http://
                                                   rule change are available on the Commission’s Web         3 15 U.S.C. 78s(b)(3)(A)(ii).                        batstrading.com/support/fee_schedule/edgx/.
                                                   site at: http://www.sec.gov/comments/sr-nysearca-         4 17 CFR 240.19b–4(f)(2).                              10 The Exchange notes that the Fee Schedule’s
                                                   2015-110/nysearca2015110.shtml.                           5 The term ‘‘Member’’ is defined as ‘‘any            date was amended to January 4, 2016 in file no. SR–
                                                      5 15 U.S.C. 78s(b)(2).
                                                                                                           registered broker or dealer that has been admitted     EDGX–2015–62. See Securities Exchange Act
                                                      6 Id.                                                                                                       Release No. 76713 (December 21, 2015).



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Document Created: 2016-01-16 01:14:30
Document Modified: 2016-01-16 01:14:30
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 987 

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