82 FR 11960 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Eighth Amended and Restated Certificate of Incorporation of Intercontinental Exchange Holdings, Inc. and the Fifth Amended and Restated Certificate of Incorporation of NYSE Group, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 37 (February 27, 2017)

Page Range		11960-11962
FR Document		2017-03803
Federal Register, Volume 82 Issue 37 (Monday, February 27, 2017)
[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Notices]
[Pages 11960-11962]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03803]



[[Page 11960]]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80084; File No. SR-NYSE-2017-04]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Amending the Eighth Amended and Restated Certificate of Incorporation 
of Intercontinental Exchange Holdings, Inc. and the Fifth Amended and 
Restated Certificate of Incorporation of NYSE Group, Inc.

February 22, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that on February 8, 2017, New York Stock Exchange LLC (``NYSE'' 
or the ``Exchange''), filed with the Securities and Exchange Commission 
(the ``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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to amend (a) the Eighth Amended and Restated 
Certificate of Incorporation of Intercontinental Exchange Holdings, 
Inc. (the ``ICE Holdings Certificate'') to add a reference to the name 
under which it filed its original certificate of incorporation, and (b) 
the Fifth Amended and Restated Certificate of Incorporation of NYSE 
Group, Inc. (the ``Fifth Amended NYSE Group Certificate'') to update 
obsolete 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to make non-substantive changes to (a) the 
ICE Holdings Certificate to add a reference to the name under which it 
filed its original certificate of incorporation, and (b) the Fifth 
Amended NYSE Group Certificate to update obsolete references.
ICE Holdings Certificate
    The Exchange's parent, NYSE Group, is a wholly-owned subsidiary of 
NYSE Holdings LLC, which is in turn 100% owned by Intercontinental 
Exchange Holdings, Inc. (``ICE Holdings''). Intercontinental Exchange, 
Inc. (``ICE''), a public company listed on the NYSE, owns 100% of ICE 
Holdings.
    The original certificate of incorporation of ICE Holdings was filed 
in 2000, under the name ``IntercontinentalExchange, Inc.'' In 2014, ICE 
Holdings changed its name from ``IntercontinentalExchange, Inc.'' to 
``Intercontinental Exchange Holdings, Inc.'' At the same time, ICE 
Holding's parent, ICE, changed its name from ``IntercontinentalExchange 
Group, Inc.'' to ``Intercontinental Exchange, Inc.'' \4\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Release No. 72158 (May 13, 2014), 79 
FR 28784 (May 19, 2014) (SR-NYSE-2014-52).
---------------------------------------------------------------------------

    In response to a comment received from the State of Delaware 
Department of State, the Exchange proposes to amend paragraph (1) of 
the ICE Holdings Certificate to add a reference to the fact that the 
original certificate of incorporation was filed under the name 
``IntercontinentalExchange, Inc.'' The revised paragraph would read as 
follows (proposed new text underlined):

    (1) The present name of the Corporation is Intercontinental 
Exchange Holdings, Inc. The original Certificate of Incorporation of 
the Corporation was filed on June 16, 2000 (the ``Original 
Certificate of Incorporation), and the name under which the 
Corporation filed the Original Certificate of Incorporation was 
IntercontinentalExchange, Inc.
Fifth Amended NYSE Group Certificate
    The Securities and Exchange Commission approved the Fifth Amended 
NYSE Group Certificate on January 30, 2017.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Release No. 79901 (January 30, 
2017), 82 FR 9251 (February 3, 2017) (SR-NYSE-2016-90, SR-NYSEMKT-
2016-122, and SR-NYSEArca-2016-167).
---------------------------------------------------------------------------

    The Exchange proposes to amend the Fifth Amended NYSE Group 
Certificate to update obsolete references to the Fourth Amended and 
Restated Certificate of Incorporation of NYSE Group (``Fourth Amended 
NYSE Group Certificate''). More specifically, the Exchange proposes to:
     Amend Article XIV, ``Effective Time,'' to replace 
``Fourth'' with ``Fifth'' and to replace December 29, 2014, the date of 
effectiveness of the Fourth Amended NYSE Group Certificate, with a 
placeholder which will be completed with the date that the Fifth 
Amended NYSE Group Certificate becomes effective; and
     on the signature page of the NYSE Group Certificate, 
replace ``Fourth'' with ``Fifth'' and replace December 29, 2014, with a 
placeholder which will be completed with the date that the Fifth 
Amended NYSE Group Certificate becomes effective.
    No other changes to the ICE Holdings Certificate or Fifth Amended 
NYSE Group Certificate are proposed.
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)(1) \7\ in particular, in that it enables the Exchange to be so 
organized as to have the capacity to be able to carry out the purposes 
of the Exchange Act and to comply, and to enforce compliance by its 
exchange members and persons associated with its exchange members, with 
the provisions of the Exchange Act, the rules and regulations 
thereunder, and the rules of the Exchange.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    The proposed amendment to the ICE Holdings Certificate to add a 
reference to the name under which it filed its original certificate of 
incorporation is a non-substantive, ministerial change requested by the 
State of Delaware Department of State that does not impact either the 
governance or ownership of the Exchange. The Exchange believes that the 
proposed change is consistent with Section 6(b)(1) because it would 
contribute to the orderly operation of the Exchange by adding clarity 
and transparency to the Exchange's rules and would enable the Exchange 
to continue to be so organized as to have the capacity to carry out the 
purposes of the Exchange Act and comply and enforce compliance with the 
provisions of the Exchange Act by

[[Page 11961]]

its members and persons associated with its members.
    For similar reasons, the Exchange also believes that the proposed 
change furthers the objectives of Section 6(b)(5) of the Exchange Act 
\8\ because the proposed rule change would be consistent with and 
facilitate a governance and regulatory structure that 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 regulating, clearing, settling, 
processing information with respect to, and facilitating transactions 
in securities, to remove impediments to, and perfect the mechanism of a 
free and open market and a national market system and, in general, to 
protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    As discussed above, the proposed changes to amend the Fifth Amended 
NYSE Group Certificate, which would replace obsolete references to the 
Fourth Amended NYSE Group Certificate with references to the Fifth 
Amended NYSE Group Certificate and update the date of effectiveness, 
removes impediments to and perfects the mechanism of a free and open 
market by removing confusion that may result from having these 
references in the Fifth Amended NYSE Group Certificate. The Exchange 
further believes that the proposal removes impediments to and would 
perfect 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 Fifth 
Amended NYSE Group Certificate. The Exchange further believes that 
eliminating obsolete references would be consistent 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.

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 is to 
make non-substantive changes concerned solely with the clarity and 
transparency of its parent entities' governing documents.

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 foregoing 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)(iii) of the Act \9\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) of the Act \11\ 
normally does not become operative before 30 days from the date of the 
filing. However, Rule 19b-4(f)(6)(iii) \12\ 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 upon filing. The Exchange believes that waiver of 
the 30-day operative delay is consistent with the protection of 
investors and the public interest because the proposed changes are non-
substantive and would provide clarity and transparency to its parent 
entities' governing documents. The Exchange represents that the 
proposed rule change would have no impact on either the governance or 
ownership of the Exchange. The Commission believes that waiving the 30-
day operative delay is consistent with the protection of investors and 
the public interest because the proposed changes are non-substantive 
and will provide clarity to the Exchange's rules. Therefore, the 
Commission hereby waives the operative delay and designates the 
proposed rule change operative upon filing.\13\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) 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 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-NYSE-2017-04 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-NYSE-2017-04. 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 
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 such 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

[[Page 11962]]

available publicly. All submissions should refer to File Number SR-
NYSE-2017-04, and should be submitted on or before March 20, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-03803 Filed 2-24-17; 8:45 am]
 BILLING CODE 8011-01-P
Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Notices 11961

its members and persons associated clarity and transparency of its parent Commission summarily may
with its members. entities’ governing documents. temporarily suspend such rule change if
For similar reasons, the Exchange also it appears to the Commission that such
C. Self-Regulatory Organization’s
believes that the proposed change action is: (i) Necessary or appropriate in
Statement on Comments on the
furthers the objectives of Section 6(b)(5) the public interest; (ii) for the protection
Proposed Rule Change Received From
of the Exchange Act 8 because the of investors; or (iii) otherwise in
Members, Participants, or Others
proposed rule change would be furtherance of the purposes of the Act.
consistent with and facilitate a No written comments were solicited If the Commission takes such action, the
governance and regulatory structure that or received with respect to the proposed Commission shall institute proceedings
is designed to prevent fraudulent and rule change. to determine whether the proposed rule
manipulative acts and practices, to III. Date of Effectiveness of the should be approved or disapproved.
promote just and equitable principles of Proposed Rule Change and Timing for IV. Solicitation of Comments
trade, to foster cooperation and Commission Action
coordination with persons engaged in Interested persons are invited to
Because the foregoing proposed rule submit written data, views, and
regulating, clearing, settling, processing change does not: (i) Significantly affect
information with respect to, and arguments concerning the foregoing,
the protection of investors or the public including whether the proposed rule
facilitating transactions in securities, to interest; (ii) impose any significant
remove impediments to, and perfect the change is consistent with the Act.
burden on competition; and (iii) become Comments may be submitted by any of
mechanism of a free and open market operative for 30 days from the date on
and a national market system and, in the following methods:
which it was filed, or such shorter time
general, to protect investors and the as the Commission may designate, it has Electronic Comments
public interest. become effective pursuant to Section • Use the Commission’s Internet
As discussed above, the proposed 19(b)(3)(A)(iii) of the Act 9 and comment form (http://www.sec.gov/
changes to amend the Fifth Amended subparagraph (f)(6) of Rule 19b–4 rules/sro.shtml); or
NYSE Group Certificate, which would thereunder.10 • Send an email to rule-comments@
replace obsolete references to the Fourth A proposed rule change filed under sec.gov. Please include File Number SR–
Amended NYSE Group Certificate with Rule 19b–4(f)(6) of the Act 11 normally NYSE–2017–04 on the subject line.
references to the Fifth Amended NYSE does not become operative before 30
Group Certificate and update the date of Paper Comments
days from the date of the filing.
effectiveness, removes impediments to However, Rule 19b–4(f)(6)(iii) 12 permits • Send paper comments in triplicate
and perfects the mechanism of a free the Commission to designate a shorter to Secretary, Securities and Exchange
and open market by removing confusion time if such action is consistent with the Commission, 100 F Street NE.,
that may result from having these protection of investors and the public Washington, DC 20549–1090.
references in the Fifth Amended NYSE interest. The Exchange has asked the All submissions should refer to File
Group Certificate. The Exchange further Commission to waive the 30-day Number SR–NYSE–2017–04. This file
believes that the proposal removes operative delay so that the proposal may number should be included on the
impediments to and would perfect the become operative upon filing. The subject line if email is used. To help the
mechanism of a free and open market by Exchange believes that waiver of the 30- Commission process and review your
ensuring that persons subject to the day operative delay is consistent with comments more efficiently, please use
Exchange’s jurisdiction, regulators, and the protection of investors and the only one method. The Commission will
the investing public can more easily public interest because the proposed post all comments on the Commission’s
navigate and understand the Fifth changes are non-substantive and would Internet Web site (http://www.sec.gov/
Amended NYSE Group Certificate. The provide clarity and transparency to its rules/sro.shtml). Copies of the
Exchange further believes that parent entities’ governing documents. submission, all subsequent
eliminating obsolete references would The Exchange represents that the amendments, all written statements
be consistent with the public interest proposed rule change would have no with respect to the proposed rule
and the protection of investors because impact on either the governance or change that are filed with the
investors will not be harmed and in fact ownership of the Exchange. The Commission, and all written
would benefit from increased Commission believes that waiving the communications relating to the
transparency, thereby reducing potential 30-day operative delay is consistent proposed rule change between the
confusion. Removing such obsolete with the protection of investors and the Commission and any person, other than
references will also further the goal of public interest because the proposed those that may be withheld from the
transparency and add clarity to the changes are non-substantive and will public in accordance with the
Exchange’s rules. provide clarity to the Exchange’s rules. provisions of 5 U.S.C. 552, will be
B. Self-Regulatory Organization’s Therefore, the Commission hereby available for Web site viewing and
Statement on Burden on Competition waives the operative delay and printing in the Commission’s Public
designates the proposed rule change Reference Room, 100 F Street NE.,
The Exchange does not believe that operative upon filing.13 Washington, DC 20549 on official
the proposed rule change will impose At any time within 60 days of the business days between the hours of
any burden on competition that is not filing of the proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of such
necessary or appropriate in furtherance filing also will be available for
mstockstill on DSK3G9T082PROD with NOTICES

of the purposes of the Exchange Act. 9 15 U.S.C. 78s(b)(3)(A)(iii). inspection and copying at the principal
The proposed rule change is not 10 17 CFR 240.19b–4(f)(6). office of the Exchange. All comments
intended to address competitive issues 11 17 CFR 240.19b–4(f)(6).
received will be posted without change;
12 17 CFR 240.19b–4(f)(6)(iii).
but rather is to make non-substantive the Commission does not edit personal
13 For purposes only of waiving the 30-day
changes concerned solely with the identifying information from
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition, submissions. You should submit only
8 15 U.S.C. 78f(b)(5). and capital formation. See 15 U.S.C. 78c(f). information that you wish to make

VerDate Sep<11>2014 20:23 Feb 24, 2017 Jkt 241001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\27FEN1.SGM 27FEN1
11962 Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Notices

available publicly. All submissions the requesting client. The rule is 60 days of this publication. An agency
should refer to File Number SR–NYSE– designed to assure that advisers that may not conduct or sponsor a collection
2017–04, and should be submitted on or vote proxies for their clients vote those of information unless it displays a
before March 20, 2017. proxies in their clients’ best interest and currently valid OMB control number.
For the Commission, by the Division of provide clients with information about No person shall be subject to any
Trading and Markets, pursuant to delegated how their proxies were voted. penalty for failing to comply with a
authority.14 Rule 206(4)–6 contains ‘‘collection of collection of information subject to the
Eduardo A. Aleman, information’’ requirements within the PRA that does not display a valid OMB
Assistant Secretary. meaning of the Paperwork Reduction control number.
[FR Doc. 2017–03803 Filed 2–24–17; 8:45 am]
Act. The respondents are investment Please direct your written comments
advisers registered with the Commission to Pamela Dyson, Director/Chief
BILLING CODE 8011–01–P
that vote proxies with respect to clients’ Information Officer, Securities and
securities. Advisory clients of these Exchange Commission, C/O Remi
SECURITIES AND EXCHANGE investment advisers use the information Pavlik-Simon, 100 F Street NE.,
COMMISSION required by the rule to assess Washington, DC 20549; or send an email
investment advisers’ proxy voting to: PRA_Mailbox@sec.gov.
Proposed Collection; Comment policies and procedures and to monitor Dated: February 21, 2017.
Request the advisers’ performance of their proxy Eduardo A. Aleman,
voting activities. The information
Upon Written Request, Copies Available Assistant Secretary.
required by Adviser’s Act rule 204–2, a
From: Securities and Exchange recordkeeping rule, also is used by the [FR Doc. 2017–03773 Filed 2–24–17; 8:45 am]
Commission, Office of FOIA Services, Commission staff in its examination and BILLING CODE 8011–01–P
100 F Street NE., Washington, DC oversight program. Without the
20549–2736. information collected under the rules,
SECURITIES AND EXCHANGE
Extension: advisory clients would not have
Rule 206(4)–6, SEC File No. 270–513, OMB COMMISSION
information they need to assess the
Control No. 3235–0571. adviser’s services and monitor the [Release No. 34–80071; File No. SR–ICEEU–
Notice is hereby given that pursuant adviser’s handling of their accounts, and 2017–001]
to the Paperwork Reduction Act of 1995 the Commission would be less efficient
(44 U.S.C. 3501 et seq.) the Securities and effective in its programs. Self-Regulatory Organizations; ICE
and Exchange Commission (the The estimated number of investment Clear Europe Limited; Notice of Filing
‘‘Commission’’) is soliciting comments advisers subject to the collection of and Immediate Effectiveness of a
on the collections of information information requirements under the rule Proposed Rule Change Relating to
summarized below. The Commission is 10,942. It is estimated that each of Certain Charges and Rates of Return
plans to submit these existing these advisers is required to spend on Applicable to Margin and Guaranty
collections of information to the Office average 10 hours annually documenting Fund Deposits
of Management and Budget (‘‘OMB’’) for its proxy voting procedures under the February 21, 2017.
extension and approval. requirements of the rule, for a total Pursuant to Section 19(b)(1) of the
The title for the collection of burden of 109,420 hours. We further Securities Exchange Act of 1934
information is ‘‘Rule 206(4)–6’’ under estimate that on average, approximately (‘‘Act’’),1 and Rule 19b–4 thereunder,2
the Investment Advisers Act of 1940 (15 292 clients of each adviser would notice is hereby given that on February
U.S.C. 80b–1 et seq.) (‘‘Advisers Act’’) request copies of the underlying policies 7, 2017, ICE Clear Europe Limited (‘‘ICE
and the collection has been approved and procedures. We estimate that it Clear Europe’’) filed with the Securities
under OMB Control No. 3235–0571. The would take these advisers 0.1 hours per and Exchange Commission
Commission adopted rule 206(4)–6 (17 client to deliver copies of the policies (‘‘Commission’’) the proposed rule
CFR 275.206(4)–6), the proxy voting and procedures, for a total burden of changes described in Items I, II, and III
rule, to address an investment adviser’s 319,506 hours. Accordingly, we below, which Items have been prepared
fiduciary obligation to clients who have estimate that rule 206(4)–6 results in an primarily by ICE Clear Europe. ICE Clear
given the adviser authority to vote their annual aggregate burden of collection Europe filed the proposed rule changes
securities. Under the rule, an for SEC-registered investment advisers pursuant to Section 19(b)(3)(A) of the
investment adviser that exercises voting of a total of 428,926 hours. Act,3 and Rule 19b–4(f)(2) thereunder,4
authority over client securities is Written comments are invited on: (a)
so that the proposal was effective upon
required to: (i) Adopt and implement Whether the collections of information
filing with the Commission. The
written policies and procedures that are are necessary for the proper
Commission is publishing this notice to
reasonably designed to ensure that the performance of the functions of the
solicit comments on the proposed rule
adviser votes client securities in the best Commission, including whether the
change from interested persons.
interest of clients, including procedures information has practical utility; (b) the
to address any material conflict that accuracy of the Commission’s estimate I. Self-Regulatory Organization’s
may arise between the interests of the of the burdens of the collections of Statement of the Terms of Substance of
adviser and the client; (ii) disclose to information; (c) ways to enhance the the Proposed Rule Change
clients how they may obtain quality, utility, and clarity of the The principal purpose of the
information collected; and (d) ways to
mstockstill on DSK3G9T082PROD with NOTICES

information from the adviser on how the proposed rule change is for ICE Clear
adviser has voted with respect to their minimize the burdens of the collections Europe to modify certain specified
securities; and (iii) describe to clients of information on respondents, charges and rates of return applicable to
the adviser’s proxy voting policies and including through the use of automated
procedures and, on request, furnish a collection techniques or other forms of 1 15 U.S.C. 78s(b)(1).
copy of the policies and procedures to information technology. Consideration 2 17 CFR 240.19b–4.
will be given to comments and 3 15 U.S.C. 78s(b)(3)(A).
14 17 CFR 200.30–3(a)(12). suggestions submitted in writing within 4 17 CFR 240.19b–4(f)(2).

VerDate Sep<11>2014 20:23 Feb 24, 2017 Jkt 241001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\27FEN1.SGM 27FEN1
Document Created: 2017-02-25 01:06:10
Document Modified: 2017-02-25 01:06:10
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		82 FR 11960