82 FR 13700 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 67 To Modify the Date of Appendix B Web Site Data Publication Pursuant to the Regulation NMS Plan To Implement a Tick Size Pilot Program
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 48 (March 14, 2017)
Federal Register Volume 82, Issue 48 (March 14, 2017)
| Page Range | 13700-13702 | |
| FR Document | 2017-04925 |
[Federal Register Volume 82, Number 48 (Tuesday, March 14, 2017)] [Notices] [Pages 13700-13702] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04925] [[Page 13700]] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-80178; File No. SR-NYSEMKT-2017-11] Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 67 To Modify the Date of Appendix B Web Site Data Publication Pursuant to the Regulation NMS Plan To Implement a Tick Size Pilot Program March 8, 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 28, 2017, NYSE MKT LLC (the ``Exchange'' or ``NYSE MKT'') 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 Substance of the Proposed Rule Change The Exchange proposes to amend Rule 67 to modify the date of Appendix B Web site data publication pursuant to the Regulation NMS Plan to Implement a Tick Size Pilot Program (``Plan''). 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 Rule 67(b)--Equities (Compliance with Data Collection Requirements) \4\ implements the data collection and Web site publication requirements of the Plan.\5\ Supplementary Material .70 to Rule 67-- Equities provides, among other things, that the requirement that the Exchange or their DEA make certain data publicly available on the Exchange's or DEA's Web site pursuant to Appendix B and C to the Plan shall commence at the beginning of the Pilot Period,\6\ and that the Exchange or their DEA shall make data for the Pre-Pilot Period publicly available on the Exchange's or DEA's Web site pursuant to Appendix B and C of the Plan by February 28, 2017.\7\ --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 77478 (March 30, 2016), 81 FR 19665 (April 5, 2016) (Immediate Effectiveness of Proposed Rule Change Adopting Requirements for the Collection and Transmission of Data Pursuant to Appendices B and C of Regulation NMS Plan to Implement a Tick Size Pilot Program) (SR-NYSEMKT-2016- 40); see also Securities Exchange Act Release No. 78817 (September 12, 2016), 81 FR 63811 (September 16, 2016) (Immediate Effectiveness of Proposed Rule Change to Amend Rule 67--Equities to Modify Certain Data Collection Requirements of the Regulation NMS Plan to Implement a Tick Size Pilot Program) (SR-NYSEMKT-2016-84); see also Letter from John C. Roeser, Associate Director, Division of Trading and Markets, Commission, to Sherry Sandler, Associate General Counsel, NYSE MKT, dated April 4, 2016. \5\ The Participants filed the Plan to comply with an order issued by the Commission on June 24, 2014. See Letter from Brendon J. Weiss, Vice President, Intercontinental Exchange, Inc., to Secretary, Commission, dated August 25, 2014 (``SRO Tick Size Plan Proposal''). See Securities Exchange Act Release No 72460 (June 24, 2014), 79 FR 36840 (June 30, 2014); see also Securities Exchange Act Release No. 74892 (May 6, 2015), 80 FR 27513 (May 13, 2015). \6\ Unless otherwise defined herein, capitalized terms have the meaning ascribed to them in the Plan. \7\ On November 30, 2016, the SEC granted exemptive relief to the Participants to, among other things, delay the publication of Web site data pursuant to Appendices B and C to the Plan until February 28, 2017, and to delay the ongoing Web site publication by ninety days such that data would be published within 120 calendar days following the end of the month. See Letter from David S. Shillman, Associate Director, Division of Trading and Markets, Commission, to Marcia E. Asquith, Senior Vice President and Corporate Secretary, Financial Industry Regulatory Authority, Inc. (``FINRA''), dated November 30, 2016; see also Securities Exchange Act Release No. 79475 (December 6, 2016), 81 FR 89527 (December 12, 2016) (Notice of Filing and Immediate Effectiveness of File No. SR- NYSEMKT-2016-113). --------------------------------------------------------------------------- The Exchange is proposing amendments to Supplementary Material .70 to Rule 67--Equities to delay the date by which Pre-Pilot and Pilot Appendix B data is to be made publicly available on the Exchange's or DEA's Web site from February 28, 2017, until April 28, 2017. Appendix C data for the Pre-Pilot Period through the month of January 2017 will be published on the Exchange's or DEA's Web site on February 28, 2017, and, thereafter, on the original 30-day schedule. In the SRO Tick Size Plan Proposal, the Participants stated that the public data will be made available for free ``on a disaggregated basis by trading center'' on the Web sites of the Participants and the Designated Examining Authorities.\8\ However, market participants have expressed confidentiality concerns regarding this approach for over- the-counter (``OTC'') data.\9\ Thus, the Exchange is filing the instant proposed rule change to provide additional time to assess a means of addressing the confidentiality concerns raised in connection with the publication of Appendix B data related to OTC activity in furtherance of the objectives of the Plan.\10\ Pursuant to this amendment, Appendix B data publication will be delayed until April 28, 2017. The Participants anticipate filing additional proposed rule changes in the near future to address Appendix B data publication. --------------------------------------------------------------------------- \8\ See Securities Exchange Act Release No. 73511 (November 3, 2014), 79 FR 66423 (November 7, 2014) (Notice of Filing of Proposed National Market System Plan to Implement a Tick Size Pilot Program on a One-Year Pilot Basis, File No. 4-657) (``Tick Size Plan Proposal''). \9\ See letters from Adam C. Cooper, Senior Managing Director and Chief Legal Officer, Citadel Securities, to Brent J. Fields, Secretary, Commission, dated December 21, 2016 (``Citadel letter''); and William Hebert, Managing Director, Financial Information Forum, to Robert W. Errett, Deputy Secretary, Commission, dated December 21, 2016 (``FIF letter''). \10\ FINRA, on behalf of the Participants, also is submitting an exemptive request to the SEC in connection with the instant filing. --------------------------------------------------------------------------- As noted in Item 2 of this filing, the Exchange has filed the proposed rule change for immediate effectiveness and has requested that the Commission waive the 30-day operative delay. If the Commission waives the 30-day operative delay, the operative date of the proposed rule change will be the date of filing. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act,\11\ in general, and furthers the objectives of Section 6(b)(5) of the Act,\12\ in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market [[Page 13701]] and a national market system, and, in general, to protect investors and the public interest. --------------------------------------------------------------------------- \11\ 15 U.S.C. 78f(b). \12\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Plan is designed to allow the Commission, market participants, and the public to study and assess the impact of increment conventions on the liquidity and trading of the common stock of small- capitalization companies. The Exchange believes that this proposal is consistent with the Act because it is in furtherance of the objectives of Section VII(A) of the Plan in that it is designed to provide the Exchange with additional time to assess a means of addressing the confidentiality concerns raised in connection with the publication of Appendix B data, to comply with the Plan's requirements that the data made publicly available will not identify the trading center that generated the data. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange notes that the proposed rule change implements the provisions of the Plan, and is designed to assist the Participants in meeting their regulatory obligations pursuant to the Plan. 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) of the Act \13\ and Rule 19b- 4(f)(6) thereunder.\14\ --------------------------------------------------------------------------- \13\ 15 U.S.C. 78s(b)(3)(A). \14\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- A proposed rule change filed under Rule 19(b)-4(f)(6) normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b-4(f)(6)(iii), the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has filed the proposed rule change for immediate effectiveness and has requested that the Commission waive the requirement that the proposed rule change not become operative for 30 days after the date of the filing so that it may become operative on February 28, 2017. The Exchange notes that the proposed rule change is intended to address confidentiality concerns raised in connection with the publication of over-the-counter (``OTC'') Appendix B data by permitting the Exchange to delay Web site publication of its Appendix B data from February 28, 2017 to April 28, 2017.\15\ The Exchange notes that the delay would provide additional time to assess a means of addressing the confidentiality concerns. The Exchange notes that it expects Participants to file a proposed rule changes related to publishing Appendix B data. --------------------------------------------------------------------------- \15\ See supra note 9. The Commission notes that FINRA has submitted a proposed rule change to delay the publication of OTC Appendix B data. See SR-FINRA-2017-005. --------------------------------------------------------------------------- The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because it will allow the Exchange to delay publication of its Appendix B data until April 28, 2017. As noted above, commenters continue to raise concerns about the publication of OTC Appendix B data.\16\ Delaying publication of Exchange's Appendix B data \17\ will prevent the publication of partial (i.e., Exchange-only) Appendix B data required under the Plan. Therefore, the Commission hereby waives the 30-day operative delay and designates the proposed rule change to be operative on February 28, 2017.\18\ --------------------------------------------------------------------------- \16\ The Commission notes that FINRA has filed a proposed rule change that is intended to mitigate confidentiality concerns raised by commenters regarding the publication of OTC Appendix B data. See SR-FINRA-2017-006. \17\ The Commission notes that other Participants have proposed to delay the publication of their Appendix B data until April 28, 2017. See SR-BatsBYX-2017-05; SR-BatsBZX-2017-15; SR-BatsEDGA-2017- 05; SR-BatsEDGX-2017-13; SR-BX-2017-016; SR-CHX-2017-05; SR-FINRA- 2017-005; SR-IEX-2017-07; SR-NASDAQ-2017-024; SR-Phlx-2017-22; SR- NYSE-2017-10; SR-NYSEArca-2017-19. \18\ For purposes only of waiving the operative delay for this proposal, 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 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 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 CommentsUse 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-NYSEMKT-2017-11 on the subject line. Paper Comments Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEMKT-2017-11. 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 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-NYSEMKT-2017-11 and should be submitted on or before April 4, 2017. [[Page 13702]] For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\19\ --------------------------------------------------------------------------- \19\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-04925 Filed 3-13-17; 8:45 am] BILLING CODE 8011-01-P
![13700 Federal Register / Vol. 82, No. 48 / Tuesday, March 14, 2017 / Notices
SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s available on the Exchange’s or DEA’s
COMMISSION Statement of the Purpose of, and the Web site from February 28, 2017, until
Statutory Basis for, the Proposed Rule April 28, 2017. Appendix C data for the
[Release No. 34–80178; File No. SR–
Change Pre-Pilot Period through the month of
January 2017 will be published on the
NYSEMKT–2017–11] 1. Purpose
Exchange’s or DEA’s Web site on
Rule 67(b)—Equities (Compliance February 28, 2017, and, thereafter, on
Self-Regulatory Organizations; NYSE
with Data Collection Requirements) 4 the original 30-day schedule.
MKT LLC; Notice of Filing and
implements the data collection and Web In the SRO Tick Size Plan Proposal,
Immediate Effectiveness of Proposed
site publication requirements of the the Participants stated that the public
Rule Change Amending Rule 67 To Plan.5 Supplementary Material .70 to data will be made available for free ‘‘on
Modify the Date of Appendix B Web Rule 67—Equities provides, among a disaggregated basis by trading center’’
Site Data Publication Pursuant to the other things, that the requirement that on the Web sites of the Participants and
Regulation NMS Plan To Implement a the Exchange or their DEA make certain the Designated Examining Authorities.8
Tick Size Pilot Program data publicly available on the However, market participants have
March 8, 2017.
Exchange’s or DEA’s Web site pursuant expressed confidentiality concerns
to Appendix B and C to the Plan shall regarding this approach for over-the-
Pursuant to Section 19(b)(1) 1 of the commence at the beginning of the Pilot counter (‘‘OTC’’) data.9 Thus, the
Securities Exchange Act of 1934 (the Period,6 and that the Exchange or their Exchange is filing the instant proposed
‘‘Act’’) 2 and Rule 19b–4 thereunder,3 DEA shall make data for the Pre-Pilot rule change to provide additional time
notice is hereby given that on February Period publicly available on the to assess a means of addressing the
28, 2017, NYSE MKT LLC (the Exchange’s or DEA’s Web site pursuant confidentiality concerns raised in
‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with to Appendix B and C of the Plan by connection with the publication of
the Securities and Exchange February 28, 2017.7 Appendix B data related to OTC activity
Commission (the ‘‘Commission’’) the The Exchange is proposing in furtherance of the objectives of the
proposed rule change as described in amendments to Supplementary Material Plan.10 Pursuant to this amendment,
Items I and II below, which Items have .70 to Rule 67—Equities to delay the Appendix B data publication will be
been prepared by the self-regulatory date by which Pre-Pilot and Pilot delayed until April 28, 2017. The
organization. The Commission is Appendix B data is to be made publicly Participants anticipate filing additional
publishing this notice to solicit proposed rule changes in the near future
4 See Securities Exchange Act Release No. 77478
comments on the proposed rule change to address Appendix B data publication.
(March 30, 2016), 81 FR 19665 (April 5, 2016)
from interested persons. (Immediate Effectiveness of Proposed Rule Change
As noted in Item 2 of this filing, the
Adopting Requirements for the Collection and Exchange has filed the proposed rule
I. Self-Regulatory Organization’s Transmission of Data Pursuant to Appendices B and change for immediate effectiveness and
Statement of the Terms of Substance of C of Regulation NMS Plan to Implement a Tick Size has requested that the Commission
Pilot Program) (SR–NYSEMKT–2016–40); see also
the Proposed Rule Change Securities Exchange Act Release No. 78817 waive the 30-day operative delay. If the
(September 12, 2016), 81 FR 63811 (September 16, Commission waives the 30-day
The Exchange proposes to amend 2016) (Immediate Effectiveness of Proposed Rule operative delay, the operative date of
Rule 67 to modify the date of Appendix Change to Amend Rule 67—Equities to Modify the proposed rule change will be the
B Web site data publication pursuant to Certain Data Collection Requirements of the
Regulation NMS Plan to Implement a Tick Size date of filing.
the Regulation NMS Plan to Implement Pilot Program) (SR–NYSEMKT–2016–84); see also
a Tick Size Pilot Program (‘‘Plan’’). The Letter from John C. Roeser, Associate Director,
2. Statutory Basis
proposed rule change is available on the Division of Trading and Markets, Commission, to The Exchange believes that its
Sherry Sandler, Associate General Counsel, NYSE
Exchange’s Web site at www.nyse.com, MKT, dated April 4, 2016.
proposal is consistent with Section 6(b)
at the principal office of the Exchange, 5 The Participants filed the Plan to comply with of the Act,11 in general, and furthers the
and at the Commission’s Public an order issued by the Commission on June 24, objectives of Section 6(b)(5) of the Act,12
Reference Room. 2014. See Letter from Brendon J. Weiss, Vice in particular, in that it is designed to
President, Intercontinental Exchange, Inc., to prevent fraudulent and manipulative
II. Self-Regulatory Organization’s Secretary, Commission, dated August 25, 2014
(‘‘SRO Tick Size Plan Proposal’’). See Securities acts and practices, to promote just and
Statement of the Purpose of, and Exchange Act Release No 72460 (June 24, 2014), 79 equitable principles of trade, to remove
Statutory Basis for, the Proposed Rule FR 36840 (June 30, 2014); see also Securities impediments to and perfect the
Change Exchange Act Release No. 74892 (May 6, 2015), 80 mechanism of a free and open market
FR 27513 (May 13, 2015).
In its filing with the Commission, the 6 Unless otherwise defined herein, capitalized
8 See Securities Exchange Act Release No. 73511
self-regulatory organization included terms have the meaning ascribed to them in the
Plan. (November 3, 2014), 79 FR 66423 (November 7,
statements concerning the purpose of, 7 On November 30, 2016, the SEC granted 2014) (Notice of Filing of Proposed National Market
and basis for, the proposed rule change System Plan to Implement a Tick Size Pilot Program
exemptive relief to the Participants to, among other
on a One-Year Pilot Basis, File No. 4–657) (‘‘Tick
and discussed any comments it received things, delay the publication of Web site data
Size Plan Proposal’’).
on the proposed rule change. The text pursuant to Appendices B and C to the Plan until 9 See letters from Adam C. Cooper, Senior
February 28, 2017, and to delay the ongoing Web
of those statements may be examined at site publication by ninety days such that data Managing Director and Chief Legal Officer, Citadel
the places specified in Item IV below. Securities, to Brent J. Fields, Secretary,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
would be published within 120 calendar days
following the end of the month. See Letter from Commission, dated December 21, 2016 (‘‘Citadel
The Exchange has prepared summaries, letter’’); and William Hebert, Managing Director,
David S. Shillman, Associate Director, Division of
set forth in sections A, B, and C below, Trading and Markets, Commission, to Marcia E. Financial Information Forum, to Robert W. Errett,
of the most significant parts of such Asquith, Senior Vice President and Corporate Deputy Secretary, Commission, dated December 21,
2016 (‘‘FIF letter’’).
statements. Secretary, Financial Industry Regulatory Authority,
10 FINRA, on behalf of the Participants, also is
Inc. (‘‘FINRA’’), dated November 30, 2016; see also
Securities Exchange Act Release No. 79475 submitting an exemptive request to the SEC in
1 15 U.S.C. 78s(b)(1). connection with the instant filing.
(December 6, 2016), 81 FR 89527 (December 12,
2 15 U.S.C. 78a. 11 15 U.S.C. 78f(b).
2016) (Notice of Filing and Immediate Effectiveness
3 17 CFR 240.19b–4. of File No. SR–NYSEMKT–2016–113). 12 15 U.S.C. 78f(b)(5).
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![13702 Federal Register / Vol. 82, No. 48 / Tuesday, March 14, 2017 / Notices
For the Commission, by the Division of that it has sufficient time to consider the Dated: March 9, 2017.
Trading and Markets, pursuant to delegated proposed rule change. Brent J. Fields,
authority.19 Accordingly, the Commission, Secretary.
Eduardo A. Aleman, pursuant to Section 19(b)(2) of the Act,5 [FR Doc. 2017–05084 Filed 3–10–17; 11:15 am]
Assistant Secretary. designates April 23, 2017, as the date by BILLING CODE 8011–01–P
[FR Doc. 2017–04925 Filed 3–13–17; 8:45 am] which the Commission shall either
BILLING CODE 8011–01–P approve or disapprove or institute
proceedings to determine whether to SECURITIES AND EXCHANGE
disapprove the proposed rule change COMMISSION
SECURITIES AND EXCHANGE (File Number SR–NYSEArca–2016–
COMMISSION 177). [Release No. 34–80173; File No. SR–
NYSEArca–2017–25]
For the Commission, by the Division of
[Release No. 34–80180; File No. SR– Trading and Markets, pursuant to delegated Self-Regulatory Organizations; NYSE
NYSEArca–2016–177] authority.6 Arca, Inc.; Notice of Filing and
Eduardo A. Aleman, Immediate Effectiveness of Proposed
Self-Regulatory Organizations; NYSE Assistant Secretary. Rule Change Amending NYSE Arca
Arca, Inc.; Notice of Designation of a [FR Doc. 2017–04927 Filed 3–13–17; 8:45 am] Options Fee Schedule
Longer Period for Commission Action BILLING CODE 8011–01–P
on Proposed Rule Change Relating to March 8, 2017.
the Listing and Trading of Shares of Pursuant to Section 19(b)(1) 1 of the
the USCF Canadian Crude Oil Index SECURITIES AND EXCHANGE Securities Exchange Act of 1934 (the
Fund Under NYSE Arca Equities Rule COMMISSION ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
8.200 notice is hereby given that, on March 6,
Sunshine Act Meeting 2017, NYSE Arca, Inc. (the ‘‘Exchange’’
March 8, 2017. or ‘‘NYSE Arca’’) filed with the
On December 30, 2016, NYSE Arca, Notice is hereby given, pursuant to
Securities and Exchange Commission
Inc. filed with the Securities and the provisions of the Government in the
(the ‘‘Commission’’) the proposed rule
Exchange Commission (‘‘Commission’’), Sunshine Act, Public Law 94–409, that
change as described in Items I, II, and
pursuant to Section 19(b)(1) of the the Securities and Exchange
III below, which Items have been
Securities Exchange Act of 1934 Commission will hold a closed meeting
on Thursday, March 16, 2017 at 2 p.m. prepared by the self-regulatory
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a organization. The Commission is
Commissioners, Counsel to the
proposed rule change to list and trade publishing this notice to solicit
Commissioners, the Secretary to the
shares of the USCF Canadian Crude Oil comments on the proposed rule change
Commission, and recording secretaries
Index Fund under NYSE Arca Equities from interested persons.
will attend the closed meeting. Certain
Rule 8.200. The proposed rule change
staff members who have an interest in I. Self-Regulatory Organization’s
was published for comment in the
the matters also may be present. Statement of the Terms of the Substance
Federal Register on January 23, 2017.3 The General Counsel of the
The Commission has received no of the Proposed Rule Change
Commission, or her designee, has
comment letters on the proposed rule certified that, in her opinion, one or The Exchange proposes to amend the
change. more of the exemptions set forth in 5 NYSE Arca Options Fee Schedule (‘‘Fee
Section 19(b)(2) of the Act 4 provides U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) Schedule’’). The Exchange proposes to
that, within 45 days of the publication and 17 CFR 200.402(a)(3), (a)(5), (a)(7), implement the fee change effective
of notice of the filing of a proposed rule (a)(9)(ii) and (a)(10), permit March 6, 2017. The proposed rule
change, or within such longer period up consideration of the scheduled matter at change is available on the Exchange’s
to 90 days as the Commission may the closed meeting. Web site at www.nyse.com, at the
designate if it finds such longer period Acting Chairman Piwowar, as duty principal office of the Exchange, and at
to be appropriate and publishes its officer, voted to consider the items the Commission’s Public Reference
reasons for so finding or as to which the listed for the closed meeting in closed Room.
self-regulatory organization consents, session. II. Self-Regulatory Organization’s
the Commission shall either approve the The subject matter of the closed Statement of the Purpose of, and
proposed rule change, disapprove the meeting will be: Statutory Basis for, the Proposed Rule
proposed rule change, or institute Institution and settlement of Change
proceedings to determine whether the injunctive actions;
proposed rule change should be Institution and settlement of In its filing with the Commission, the
disapproved. The 45th day after administrative proceedings; self-regulatory organization included
publication of the notice for this Adjudicatory matters; and statements concerning the purpose of,
proposed rule change is March 9, 2017. Other matters relating to enforcement and basis for, the proposed rule change
The Commission is extending this 45- proceedings. and discussed any comments it received
day time period. The Commission finds At times, changes in Commission on the proposed rule change. The text
that it is appropriate to designate a priorities require alterations in the of those statements may be examined at
asabaliauskas on DSK3SPTVN1PROD with NOTICES
longer period within which to take scheduling of meeting items. the places specified in Item IV below.
action on the proposed rule change so For further information and to The Exchange has prepared summaries,
ascertain what, if any, matters have been set forth in sections A, B, and C below,
19 17 CFR 200.30–3(a)(12).
added, deleted or postponed; please of the most significant parts of such
1 15 U.S.C. 78s(b)(1). contact Brent J. Fields from the Office of statements.
2 17 CFR 240.19b–4. the Secretary at (202) 551–5400.
3 See Securities Exchange Act Release No. 79793 1 15 U.S.C. 78s(b)(1).
(January 13, 2017), 82 FR 7885. 5 Id. 2 15 U.S.C. 78a.
4 15 U.S.C. 78s(b)(2). 6 17 CFR 200.30–3(a)(31). 3 17 CFR 240.19b–4.
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Document Created: 2017-03-14 02:52:10
Document Modified: 2017-03-14 02:52:10
| 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 13700 |
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