82_FR_14832 82 FR 14778 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change Relating to the Listing and Trading of Shares of the Direxion Daily Crude Oil Bull 3x Shares and Direxion Daily Crude Oil Bear 3x Shares Under NYSE Arca Equities Rule 8.200

82 FR 14778 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change Relating to the Listing and Trading of Shares of the Direxion Daily Crude Oil Bull 3x Shares and Direxion Daily Crude Oil Bear 3x Shares Under NYSE Arca Equities Rule 8.200

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 54 (March 22, 2017)

Page Range14778-14779
FR Document2017-05609

Federal Register, Volume 82 Issue 54 (Wednesday, March 22, 2017)
[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14778-14779]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05609]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80265; File No. SR-NYSEArca-2017-05]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of 
Designation of a Longer Period for Commission Action on a Proposed Rule 
Change Relating to the Listing and Trading of Shares of the Direxion 
Daily Crude Oil Bull 3x Shares and Direxion Daily Crude Oil Bear 3x 
Shares Under NYSE Arca Equities Rule 8.200

March 16, 2017.
    On January 23, 2017, 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 list and trade 
shares of the Direxion Daily Crude Oil Bull 3x Shares and Direxion 
Daily Crude Oil Bear 3x Shares under NYSE Arca Equities Rule 8.200. The 
proposed rule change was published for comment in the Federal Register 
on February 7, 2017.\3\ The Commission received no comments 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. 79916 (February 1, 
2017), 82 FR 9608.
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    Section 19(b)(2) of the Act \4\ 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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    \4\ 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 the proposed rule change. Accordingly, the 
Commission, pursuant to Section 19(b)(2) of the Act,\5\ designates May 
8, 2017 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 No. SR-NYSEArca-2017-05).
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    \5\ 15 U.S.C. 78s(b)(2).


[[Page 14779]]


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    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05609 Filed 3-21-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                    14778                        Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices

                                                    19(b)(3)(A)(iii) of the Act 11 and                        Paper Comments                                         SECURITIES AND EXCHANGE
                                                    subparagraph (f)(6) of Rule 19b–4                                                                                COMMISSION
                                                    thereunder.12                                               • Send paper comments in triplicate
                                                                                                              to Secretary, Securities and Exchange
                                                       A proposed rule change filed under                     Commission, 100 F Street NE.,
                                                                                                                                                                     [Release No. 34–80265; File No. SR–
                                                    Rule 19b–4(f)(6) normally does not                                                                               NYSEArca–2017–05]
                                                                                                              Washington, DC 20549–1090.
                                                    become operative prior to 30 days after
                                                    the date of filing.13 Rule 19b–4(f)(6)(iii),              All submissions should refer to File                   Self-Regulatory Organizations; NYSE
                                                    however, permits the Commission to                        Number SR–NYSEArca–2017–28. This                       Arca, Inc.; Notice of Designation of a
                                                    designate a shorter time if such action                   file number should be included on the                  Longer Period for Commission Action
                                                    is consistent with the protection of                                                                             on a Proposed Rule Change Relating
                                                                                                              subject line if email is used. To help the
                                                    investors and the public interest.14                                                                             to the Listing and Trading of Shares of
                                                                                                              Commission process and review your
                                                                                                                                                                     the Direxion Daily Crude Oil Bull 3x
                                                       The Exchange has requested that the                    comments more efficiently, please use                  Shares and Direxion Daily Crude Oil
                                                    Commission waive the 30-day operative                     only one method. The Commission will                   Bear 3x Shares Under NYSE Arca
                                                    delay. The Exchange asserts that the                      post all comments on the Commission’s                  Equities Rule 8.200
                                                    proposed rule change does not present                     Internet Web site (http://www.sec.gov/
                                                    any new, unique, or substantive issues                    rules/sro.shtml). Copies of the                        March 16, 2017.
                                                    and that the proposal is substantially                    submission, all subsequent                                On January 23, 2017, NYSE Arca, Inc.
                                                    similar to a program in place at Bats                     amendments, all written statements                     (‘‘Exchange’’) filed with the Securities
                                                    BZX Exchange, Inc.15 Based on the                         with respect to the proposed rule                      and Exchange Commission
                                                    foregoing, the Commission believes that                   change that are filed with the                         (‘‘Commission’’), pursuant to Section
                                                    it is consistent with the protection of                   Commission, and all written                            19(b)(1) of the Securities Exchange Act
                                                    investors and the public interest to                      communications relating to the                         of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                    waive the 30-day operative delay so that                  proposed rule change between the                       thereunder,2 a proposed rule change to
                                                    the proposal may take effect upon                         Commission and any person, other than                  list and trade shares of the Direxion
                                                    filing.16 At any time within 60 days of                   those that may be withheld from the                    Daily Crude Oil Bull 3x Shares and
                                                    the filing of such proposed rule change,                  public in accordance with the                          Direxion Daily Crude Oil Bear 3x Shares
                                                    the Commission summarily may                                                                                     under NYSE Arca Equities Rule 8.200.
                                                                                                              provisions of 5 U.S.C. 552, will be
                                                    temporarily suspend such rule change if                                                                          The proposed rule change was
                                                                                                              available for Web site viewing and
                                                    it appears to the Commission that such                                                                           published for comment in the Federal
                                                                                                              printing in the Commission’s Public
                                                    action is necessary or appropriate in the                                                                        Register on February 7, 2017.3 The
                                                                                                              Reference Room, 100 F Street NE.,                      Commission received no comments on
                                                    public interest, for the protection of                    Washington, DC 20549, on official
                                                    investors, or otherwise in furtherance of                                                                        the proposed rule change.
                                                                                                              business days between the hours of                        Section 19(b)(2) of the Act 4 provides
                                                    the purposes of the Act.                                  10:00 a.m. and 3:00 p.m. Copies of the                 that, within 45 days of the publication
                                                    IV. Solicitation of Comments                              filing also will be available for                      of notice of the filing of a proposed rule
                                                                                                              inspection and copying at the principal                change, or within such longer period up
                                                      Interested persons are invited to                       office of the Exchange. All comments                   to 90 days as the Commission may
                                                    submit written data, views, and                           received will be posted without change;                designate if it finds such longer period
                                                    arguments concerning the foregoing,                       the Commission does not edit personal                  to be appropriate and publishes its
                                                    including whether the proposed rule                       identifying information from                           reasons for so finding or as to which the
                                                    change is consistent with the Act.                        submissions. You should submit only                    self-regulatory organization consents,
                                                    Comments may be submitted by any of                       information that you wish to make                      the Commission shall either approve the
                                                    the following methods:                                    available publicly. All submissions                    proposed rule change, disapprove the
                                                    Electronic Comments                                       should refer to File Number SR–                        proposed rule change, or institute
                                                                                                              NYSEArca–2017–28, and should be                        proceedings to determine whether the
                                                      • Use the Commission’s Internet                         submitted on or before April 12, 2017.                 proposed rule change should be
                                                    comment form (http://www.sec.gov/                                                                                disapproved. The Commission is
                                                    rules/sro.shtml); or                                        For the Commission, by the Division of
                                                                                                                                                                     extending this 45-day time period.
                                                                                                              Trading and Markets, pursuant to delegated
                                                      • Send an email to rule-comments@                                                                                 The Commission finds it appropriate
                                                                                                              authority.17
                                                    sec.gov. Please include File Number SR–                                                                          to designate a longer period within
                                                                                                              Eduardo A. Aleman,                                     which to take action on the proposed
                                                    NYSEArca–2017–28 on the subject line.
                                                                                                              Assistant Secretary.                                   rule change so that it has sufficient time
                                                      11 15   U.S.C. 78s(b)(3)(a)(iii).
                                                                                                              [FR Doc. 2017–05605 Filed 3–21–17; 8:45 am]            to consider the proposed rule change.
                                                      12 17   CFR 240.19b–4(f)(6). In addition, Rule 19b–     BILLING CODE 8011–01–P                                 Accordingly, the Commission, pursuant
                                                    4(f)(6) requires a self-regulatory organization to give                                                          to Section 19(b)(2) of the Act,5
                                                    the Commission written notice of its intent to file                                                              designates May 8, 2017 as the date by
                                                    the proposed rule change at least five business days                                                             which the Commission should either
                                                    prior to the date of filing of the proposed rule
                                                    change, or such shorter time as designated by the                                                                approve or disapprove, or institute
                                                    Commission. The Commission has waived the pre-                                                                   proceedings to determine whether to
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    filing requirement.                                                                                              disapprove, the proposed rule change
                                                       13 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                                     (File No. SR–NYSEArca–2017–05).
                                                       14 Id.
                                                       15 See Securities Exchange Act Release No. 77846
                                                                                                                                                                       1 15 U.S.C. 78s(b)(1).
                                                    (May 17, 2016), 81 FR 32356 (May 23, 2016) (SR–
                                                                                                                                                                       2 17 CFR 240.19b–4.
                                                    BatsBZX–2016–018).
                                                       16 For purposes only of waiving the 30-day                                                                      3 See Securities Exchange Act Release No. 79916

                                                    operative delay, the Commission has considered the                                                               (February 1, 2017), 82 FR 9608.
                                                                                                                                                                       4 15 U.S.C. 78s(b)(2).
                                                    proposed rule’s impact on efficiency, competition,
                                                    and capital formation. See 15 U.S.C. 78c(f).                17 17   CFR 200.30–3(a)(12).                           5 15 U.S.C. 78s(b)(2).




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                                                                                Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices                                                      14779

                                                      For the Commission, by the Division of                to Section 19(b)(2) of the Act,5                       II. Self-Regulatory Organization’s
                                                    Trading and Markets, pursuant to delegated              designates May 9, 2017, as the date by                 Statement of the Purpose of, and
                                                    authority.6                                             which the Commission shall either                      Statutory Basis for, the Proposed Rule
                                                    Eduardo A. Aleman,                                      approve or disapprove, or institute                    Change
                                                    Assistant Secretary.                                    proceedings to determine whether to                       In its filing with the Commission, the
                                                    [FR Doc. 2017–05609 Filed 3–21–17; 8:45 am]             disapprove, the proposed rule change                   self-regulatory organization included
                                                    BILLING CODE 8011–01–P                                  (File No. SR–IEX–2017–03).                             statements concerning the purpose of,
                                                                                                              For the Commission, by the Division of               and basis for, the proposed rule change
                                                                                                            Trading and Markets, pursuant to delegated             and discussed any comments it received
                                                    SECURITIES AND EXCHANGE                                                                                        on the proposed rule change. The text
                                                    COMMISSION                                              authority.6
                                                                                                                                                                   of those statements may be examined at
                                                                                                            Eduardo A. Aleman,
                                                    [Release No. 34–80257; File No. SR–IEX–                                                                        the places specified in Item IV below.
                                                                                                            Assistant Secretary.                                   The Exchange has prepared summaries,
                                                    2017–03]
                                                                                                            [FR Doc. 2017–05604 Filed 3–21–17; 8:45 am]            set forth in sections A, B, and C below,
                                                    Self-Regulatory Organizations;                          BILLING CODE 8011–01–P                                 of the most significant parts of such
                                                    Investors Exchange LLC; Notice of                                                                              statements.
                                                    Designation of a Longer Period for
                                                                                                                                                                   A. Self-Regulatory Organization’s
                                                    Commission Action on Proposed Rule                      SECURITIES AND EXCHANGE
                                                                                                                                                                   Statement of the Purpose of, and the
                                                    Change To Amend IEX Rule 16.135 To                      COMMISSION
                                                                                                                                                                   Statutory Basis for, the Proposed Rule
                                                    Adopt Generic Listing Standards for
                                                                                                                                                                   Change
                                                    Managed Fund Shares                                     [Release No. 34–80262; File No. SR–
                                                                                                            NYSEMKT–2017–15]                                       1. Purpose
                                                    March 16, 2017.
                                                       On January 19, 2017, Investors                                                                                 The purpose of this filing is to modify
                                                                                                            Self-Regulatory Organizations; NYSE                    the Fee Schedule to:
                                                    Exchange LLC (‘‘IEX’’) filed with the
                                                                                                            MKT LLC; Notice of Filing and                             (i) Provide Order Flow Providers
                                                    Securities and Exchange Commission
                                                                                                            Immediate Effectiveness of Proposed                    (each an ‘‘OFP’’) that achieve certain
                                                    (‘‘Commission’’), pursuant to Section
                                                                                                            Change Modifying the NYSE Amex                         tiers of the Amex Customer
                                                    19(b)(1) of the Securities Exchange Act
                                                                                                            Options Fee Schedule                                   Enhancement (‘‘ACE’’) Program the
                                                    of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                                                                                                                                   opportunity to receive an additional
                                                    thereunder,2 a proposed rule change to                  March 16, 2017.                                        credit for Customer Complex Orders;
                                                    amend IEX Rule 16.135 to adopt generic                                                                         and
                                                    listing standards for Managed Fund                         Pursuant to Section 19(b)(1) 1 of the
                                                                                                            Securities Exchange Act of 1934 (the                      (ii) establish a surcharge on any
                                                    Shares. The proposed rule change was                                                                           Electronic non-Customer Complex
                                                    published for comment in the Federal                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                                                                            notice is hereby given that, on March 9,               Order that executes against a Customer
                                                    Register on February 8, 2017.3 The                                                                             Complex Order.
                                                    Commission has received no comments                     2017, NYSE MKT LLC (the ‘‘Exchange’’                      The ACE Program features five tiers,
                                                    on the proposal.                                        or ‘‘NYSE MKT’’) filed with the                        expressed as a percentage of total
                                                       Section 19(b)(2) of the Act 4 provides               Securities and Exchange Commission                     industry Customer equity and Exchange
                                                    that within 45 days of the publication of               (the ‘‘Commission’’) the proposed rule                 Traded Fund option average daily
                                                    notice of the filing of a proposed rule                 change as described in Items I, II, and                volume (‘‘TCADV’’) 4 and provides two
                                                    change, or within such longer period up                 III below, which Items have been                       alternative methods for OFPs to receive
                                                    to 90 days as the Commission may                        prepared by the self-regulatory                        per contract credits for Electronic
                                                    designate if it finds such longer period                organization. The Commission is                        Customer volume that the OFP, as agent,
                                                    to be appropriate and publishes its                     publishing this notice to solicit                      submits to the Exchange.5 Currently, the
                                                    reasons for so finding, or as to which the              comments on the proposed rule change                   Exchange incents OFPs to achieve Tier
                                                    self-regulatory organization consents,                  from interested persons.                               2 of the ACE Program by offering an
                                                    the Commission shall either approve the                                                                        $0.18 per contract credit on Electronic
                                                    proposed rule change, disapprove the                    I. Self-Regulatory Organization’s
                                                                                                                                                                   Customer volume or a slightly higher
                                                    proposed rule change, or institute                      Statement of the Terms of Substance of                 credit of $0.19 per contract on Customer
                                                    proceedings to determine whether the                    the Proposed Rule Change                               Complex Orders.6
                                                    proposed rule change should be                                                                                    The Exchange proposes to offer OFPs
                                                    disapproved. The 45th day after                            The Exchange proposes to modify the
                                                                                                                                                                   that achieve Tier 4 or 5 of the ACE
                                                    publication of the notice for this                      NYSE Amex Options Fee Schedule
                                                                                                                                                                   Program a credit of $0.25 per contract,
                                                    proposed rule change is March 25, 2017.                 (‘‘Fee Schedule’’). The Exchange
                                                                                                                                                                   per leg for Electronic executions of
                                                    The Commission is extending this 45-                    proposes to implement the fee change
                                                    day time period.                                        effective March 9, 2017. The proposed                     4 The volume thresholds are based on an OFP’s

                                                       The Commission finds it appropriate                  change is available on the Exchange’s                  Customer volume transacted Electronically as a
                                                    to designate a longer period within                     Web site at www.nyse.com, at the                       percentage of total industry TCADV as reported by
                                                                                                                                                                   the Options Clearing Corporation (the ‘‘OCC’’). See
                                                    which to take action on the proposed                    principal office of the Exchange, and at               OCC Monthly Statistics Reports, available here,
                                                    rule change so that it has sufficient time              the Commission’s Public Reference                      http://www.theocc.com/webapps/monthly-volume-
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    to consider this proposed rule change.                  Room.                                                  reports.
                                                                                                                                                                      5 See Fee Schedule, Section I. E. (Amex Customer
                                                    Accordingly, the Commission, pursuant
                                                                                                                                                                   Engagement (‘‘ACE’’) Program—Standard Options),
                                                      6 17
                                                                                                                                                                   available here, https://www.nyse.com/publicdocs/
                                                           CFR 200.30–3(a)(31).                               5 Id.                                                nyse/markets/amex-options/NYSE_Amex_Options_
                                                      1 15 U.S.C. 78s(b)(1).
                                                                                                              6 17                                                 Fee_Schedule.pdf.
                                                      2 17 CFR 240.19b–4.                                          CFR 200.30–3(a)(31).
                                                                                                                                                                      6 See id. at n.1. The Exchange proposes to correct
                                                                                                              1 15 U.S.C. 78s(b)(1).
                                                      3 See Securities Exchange Act Release No. 79940
                                                                                                                                                                   a typographical error by capitalizing the defined
                                                                                                              2 15 U.S.C. 78a.
                                                    (February 2, 2017), 82 FR 9858.                                                                                term Electronic as it is used in note 1 to Section
                                                      4 15 U.S.C. 78s(b)(2).                                  3 17 CFR 240.19b–4.                                  I.E. See proposed Fee Schedule, Section I. E., n. 1.



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Document Created: 2017-03-22 03:58:40
Document Modified: 2017-03-22 03:58:40
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 Citation82 FR 14778 

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