Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change to Rule 14.11(i), Managed Fund Shares, To List and Trade the Shares of the Elkhorn S&P GSCI Dynamic Roll Commodity ETF of Elkhorn ETF Trust, 9041 [2016-03666]
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Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices
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
available publicly. All submissions
should refer to File Number SR–Phlx–
2016–19, and should be submitted on or
before March 15, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–03661 Filed 2–22–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–77159; File No. SR–BATS–
2015–105]
Self-Regulatory Organizations; BATS
Exchange, Inc.; Notice of Designation
of a Longer Period for Commission
Action on Proposed Rule Change to
Rule 14.11(i), Managed Fund Shares,
To List and Trade the Shares of the
Elkhorn S&P GSCI Dynamic Roll
Commodity ETF of Elkhorn ETF Trust
mstockstill on DSK4VPTVN1PROD with NOTICES
February 17, 2016.
On December 18, 2015, BATS
Exchange, Inc. (‘‘BATS’’) 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 the shares of the Elkhorn
S&P GSCI Dynamic Roll Commodity
ETF of Elkhorn ETF Trust under BATS
Rule 14.11(i). The proposed rule change
was published for comment in the
Federal Register on January 4, 2016.3
The Commission has not received any
comments on the proposal.
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
17 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 76776
(Dec. 28, 2015), 80 FR 120.
4 15 U.S.C. 78s(b)(2).
1 15
VerDate Sep<11>2014
17:06 Feb 22, 2016
Jkt 238001
9041
change, or within such longer period up
to 90 days as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding, or as to which the
self-regulatory organization consents,
the Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether the
proposed rule change should be
disapproved. The 45th day after
publication of the notice for this
proposed rule change is February 18,
2016. The Commission is extending this
45-day time period.
The Commission finds it appropriate
to designate a longer period within
which to take action on the proposed
rule change so that it has sufficient time
to consider this proposed rule change.
Accordingly, the Commission, pursuant
to Section 19(b)(2) of the Act,5
designates April 1, 2016, as the date by
which the Commission shall either
approve or disapprove, or institute
proceedings to determine whether to
disapprove, the proposed rule change
(File No. SR–BATS–2015–105).
BSECC, SCCP, BX, and NASDAQ, the
‘‘SROs’’), 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
proposed rule changes with respect to
the By-Laws (‘‘By-Laws’’) of NASDAQ,
Inc. (‘‘Company’’), the parent company
of the SROs. The proposed rule changes
would revise certain requirements
regarding Director 3 qualifications and
Director disqualification procedures for
the Company’s Board of Directors
(‘‘Board’’). On December 29, 2015, each
SRO filed Amendment No. 1 to its
respective proposal.4 On December 30,
2015, Phlx filed Amendment No. 2 to its
proposal.5 The proposed rule changes,
as modified by the amendments thereto,
were published for comment in the
Federal Register on January 7, 2016.6
The Commission did not receive any
comment letters on the proposals. This
order approves the proposed rule
changes, as modified by the respective
amendments thereto.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Robert W. Errett,
Deputy Secretary.
The Company proposes to amend
certain provisions of the By-Laws that
relate to the qualification of Directors.
First, the Company proposes to
amend Section 4.3 of the By-Laws
(Qualifications), which sets forth the
compositional requirements of the
Board. Currently, Section 4.3 requires
that the number of Non-Industry
Directors 7 on the Board equal or exceed
[FR Doc. 2016–03666 Filed 2–22–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–77165; File Nos. SR–
BSECC–2015–002; SR–SCCP–2015–02; SR–
BX–2015–085; SR–NASDAQ–2015–160; SR–
Phlx–2015–113]
Self-Regulatory Organizations; Boston
Stock Exchange Clearing Corporation;
Stock Clearing Corporation of
Philadelphia; NASDAQ OMX BX, Inc.;
The NASDAQ Stock Market LLC;
NASDAQ OMX PHLX LLC; Order
Approving Proposed Rule Changes, as
Modified by Amendments Thereto, To
Amend the By-Laws of NASDAQ, Inc.
February 17, 2016.
I. Introduction
On December 21, 2015, each of the
Boston Stock Exchange Clearing
Corporation (‘‘BSECC’’), Stock Clearing
Corporation of Philadelphia (‘‘SCCP’’),
NASDAQ OMX BX, Inc. (‘‘BX’’), The
NASDAQ Stock Market LLC
(‘‘NASDAQ’’), and NASDAQ OMX
PHLX LLC (‘‘Phlx’’ and, together with
5 Id.
6 17
PO 00000
CFR 200.30–3(a)(31).
Frm 00147
Fmt 4703
Sfmt 4703
II. Description of the Proposal
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 ‘‘Director’’ means a member of the Company’s
Board of Directors. See Article I(j) of the By-Laws.
4 Amendment No. 1 for each of the proposals
amended and replaced the original filing in its
entirety. In Amendment No. 1, each SRO, among
other things, clarified the operation of the current
and proposed provisions of the By-Laws and how
the proposed rule change would operate in
conjunction with the Listing Rules (as herein
defined) of NASDAQ.
5 On December 30, 2015, Phlx withdrew
Amendment No. 1 for technical reasons and,
subsequently, filed Amendment No. 2. Amendment
No. 2 amended and replaced the original filing in
its entirety.
6 Securities Exchange Act Release Nos. 76806
(December 31, 2015), 81 FR 838 (SR–BSCC–2015–
002); 76807 (December 31, 2015), 81 FR 828 (SR–
SCCP–2015–02); 76808 (December 31, 2015), 81 FR
831 (SR–BX–2015–085); 76809 (December 31,
2015), 81 FR 817 (SR–NASDAQ–2015–160); 76810
(December 31, 2015), 81 FR 841 (SR–Phlx–2015–
113) (collectively, ‘‘Notices’’).
7 Under the By-Laws, ‘‘Non-Industry Director’’ or
‘‘Non-Industry committee member’’ means a
Director (excluding any Staff Director) or committee
member who is (1) a Public Director or Public
committee member; (2) an Issuer Director or Issuer
committee member; or (3) any other individual who
would not be an Industry Director or Industry
committee member. See Article I(q) of the By-Laws.
2 17
E:\FR\FM\23FEN1.SGM
23FEN1
]]>Agencies
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Page 9041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03666]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-77159; File No. SR-BATS-2015-105]
Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proposed Rule
Change to Rule 14.11(i), Managed Fund Shares, To List and Trade the
Shares of the Elkhorn S&P GSCI Dynamic Roll Commodity ETF of Elkhorn
ETF Trust
February 17, 2016.
On December 18, 2015, BATS Exchange, Inc. (``BATS'') 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
the shares of the Elkhorn S&P GSCI Dynamic Roll Commodity ETF of
Elkhorn ETF Trust under BATS Rule 14.11(i). The proposed rule change
was published for comment in the Federal Register on January 4,
2016.\3\ The Commission has not received any comments on the proposal.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 76776 (Dec. 28,
2015), 80 FR 120.
---------------------------------------------------------------------------
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
45th day after publication of the notice for this proposed rule change
is February 18, 2016. The Commission is extending this 45-day time
period.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------
The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider this proposed rule change. Accordingly, the
Commission, pursuant to Section 19(b)(2) of the Act,\5\ designates
April 1, 2016, as the date by which the Commission shall either approve
or disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-BATS-2015-105).
---------------------------------------------------------------------------
\5\ Id.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------
\6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-03666 Filed 2-22-16; 8:45 am]
BILLING CODE 8011-01-P
