Sunshine Act Meeting, 72125-72126 [2015-29502]
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Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices
The Exchange believes that the
discontinuation of a market data
product for which there is little or no
demand, as is the case with NYSE MKT
RRP, is a direct example of efficiency
because it acknowledges that investors
and the public have indicated that they
have little or no use for certain
information and allows the Exchange to
dedicate resources to developing
products (including through
innovations of existing products and
entirely new products) that provide
information for which there is more of
an expressed need.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
In accordance with Section 6(b)(8) of
the Act,8 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 Act.
The Exchange notes that it operates in
a highly competitive market in which
other exchanges are free to offer similar
products. Additionally, since there has
been little or no demand for the NYSE
MKT RRP product the Exchange’s
proposed discontinuance will not harm
competition.
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.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
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 if
consistent with the protection of
investors and the public interest,
provided that the self-regulatory
organization has given the Commission
written notice of its intent to file the
proposed rule change at least five
business days prior to the date of filing
of the proposed rule change or such
shorter time as designated by the
Commission,9 the proposed rule change
has become effective pursuant to
8 15
U.S.C. 78f(b)(8).
Exchange has fulfilled this requirement.
9 The
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Section 19(b)(3)(A) of the Act 10 and
Rule 19b–4(f)(6) thereunder.11
At any time within 60 days of the
filing of such 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
under Section 19(b)(2)(B) 12 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
A proposed rule change filed under
Rule 19b–4(f)(6) 13 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b4(f)(6)(iii),14 the Commission
may 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 because it
believes that immediate operation of
this filing would not impact any users
of NYSE MKT RRP. The Commission,
noting that there are currently no
subscribers to these data services, finds
that it is consistent with the protection
of investors and the public interest to
waive the 30-day operative date and to
permit the proposal to be operative
upon filing.15
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEMKT–2015–93 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.
10 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
12 15 U.S.C. 78s(b)(2)(B).
13 17 CFR 240.19b–4(f)(6).
14 17 CFR 240.19b–4(f)(6)(iii).
15 For purposes only of accelerating the operative
date of this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
11 17
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72125
All submissions should refer to File
Number SR–NYSEMKT–2015–93. 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 (https://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 will also be available for
inspection and copying at the NYSE’s
principal office and on its Internet Web
site at www.nyse.com. 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–2015–93 and should be
submitted on or before December 9,
2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–29392 Filed 11–17–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Commission will host the SEC
Government-Business Forum on Small
Business Capital Formation on
Thursday, November 19, 2015,
beginning at 9:00 a.m., in the
auditorium of the Commission’s
headquarters at 100 F Street NE.,
Washington, DC. The forum will be
open to the public and webcast on the
16 17
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CFR 200.30–3(a)(12).
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72126
Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices
SEC’s Web site. Doors will open at 8:15
a.m. Visitors will be subject to security
checks.
The forum will include remarks by
SEC Commissioners and panel
discussions that Commissioners may
attend. Panel topics will include exempt
and registered offerings occurring after
the passage of the JOBS Act.
Commissioner Stein, as duty officer,
voted to consider the SEC GovernmentBusiness Forum on Small Business
Capital Formation in open session, and
determined that Commission business
required consideration earlier than one
week from today. No earlier notice of
this Meeting was practicable.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information, please
contact the Office of the Secretary at
(202) 551–5400.
Dated: November 13, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015–29502 Filed 11–16–15; 2:00 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold an Open Meeting
on Wednesday, November 18, 2015 at
3:00 p.m., in the Auditorium, Room L–
002.
The subject matter of the Open
Meeting will be:
• The Commission will consider
whether to propose amendments to Rule
3a1–1 and Regulation ATS and new
Form ATS–N under the Securities
Exchange Act of 1934 related to certain
alternative trading systems.
Commissioner Stein, as duty officer,
voted to consider the item listed for the
Open Meeting in open session, and
determined that Commission business
required consideration earlier than one
week from today. No earlier notice of
this Meeting was practicable.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted, or postponed, please
contact:
The Office of the Secretary at (202)
551–5400.
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Dated: November 13, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015–29501 Filed 11–16–15; 2:00 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–76431; File No. SR–
NYSEArca–2015–104]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing of Proposed
Rule Change To Adopt a New Policy
Relating to Trade Reports for
Exchange Traded Products
November 12, 2015.
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 October
28, 2015, NYSE Arca, Inc. (the
‘‘Exchange’’ or ‘‘NYSE Arca’’) 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.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes a new policy
relating to its treatment of trade reports
for Exchange Traded Products that it
determines to be inconsistent with the
prevailing market. The text of 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.
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Trades in Exchange Traded Products
(‘‘ETP’’) 4 occasionally occur at prices
that deviate significantly from
prevailing market prices and/or an
investment fund’s underlying value.
These trades may be due to brief price
dislocations caused, for example, by
unusually large orders, momentary
reductions in liquidity, or brief trading
or pricing errors by individual market
participants. The resulting trades may
occasionally establish a high, a low or
last sale price for a security that does
not reflect price discovery in the fund
holdings in a manner that is
representative of ongoing trading in an
ETP tracking the real-time value of the
fund’s underlying securities, and could
impact statistics for the investment fund
as computed by third parties in a way
that is inappropriately reflective of very
short-term market impact rather than
ongoing fund performance, leading to
investor confusion. For example, trading
and quoting in a particular ETF holding
a basket of stocks reflecting the S&P 500
index might track that index with de
minimis tracking error every minute
throughout all trading days for five
years, then suddenly trade 1% higher
than the S&P 500 index on the close one
day due to a large order that was
erroneously entered by a single brokerdealer as a ‘‘Market’’ order rather than
a ‘‘Market on Close’’ order, hence
trading through multiple price levels in
4 For purposes of this filing, ETPs include
Exchange Traded Funds (ETFs), Exchange Traded
Notes (ETNs) and Exchange Traded Vehicles
(ETVs). An ETF is an open-ended registered
investment company under the Investment
Company Act of 1940 that has received certain
exemptive relief from the SEC to allow secondary
market trading in the ETF shares. ETFs are
generally index-based products, in that each ETF
holds a portfolio of securities that is intended to
provide investment results that, before fees and
expenses, generally correspond to the price and
yield performance of the underlying benchmark
index. An ETV tracks the underlying performance
of an asset or index, allowing investors exposure to
underlying assets such as futures contracts,
commodities and currencies without actually
trading futures or taking physical delivery of the
underlying asset. An ETV is traded intraday like an
ETF. An ETV is an open-ended trust or partnership
unit that is registered under the Securities Act of
1933. An ETN is a senior unsecured debt obligation
designed to track the total return of an underlying
index, benchmark or strategy, minus investor fees.
ETNs are registered under the Securities Act of
1933 and are redeemable to the issuer. In 2014,
NYSE Arca’s listed ETPs had over $1.89 trillion in
assets under management (AUM), representing over
90% of all U.S. listed Exchange Traded Products
(ETPs). Additional information on ETPs is available
on the Exchange’s Web site at https://
www.nyse.com/products/etp-funds-etf.
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Agencies
[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Notices]
[Pages 72125-72126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29502]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Commission
will host the SEC Government-Business Forum on Small Business Capital
Formation on Thursday, November 19, 2015, beginning at 9:00 a.m., in
the auditorium of the Commission's headquarters at 100 F Street NE.,
Washington, DC. The forum will be open to the public and webcast on the
[[Page 72126]]
SEC's Web site. Doors will open at 8:15 a.m. Visitors will be subject
to security checks.
The forum will include remarks by SEC Commissioners and panel
discussions that Commissioners may attend. Panel topics will include
exempt and registered offerings occurring after the passage of the JOBS
Act.
Commissioner Stein, as duty officer, voted to consider the SEC
Government-Business Forum on Small Business Capital Formation in open
session, and determined that Commission business required consideration
earlier than one week from today. No earlier notice of this Meeting was
practicable.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
For further information, please contact the Office of the Secretary
at (202) 551-5400.
Dated: November 13, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-29502 Filed 11-16-15; 2:00 pm]
BILLING CODE 8011-01-P