Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE MKT LLC; NYSE Arca, Inc.; Order Approving Proposed Rule Change, as Modified by Amendment No. 2 Thereto, Amending and Restating the Second Amended and Restated Certificate of Incorporation of the Exchanges' Ultimate Parent Company, Intercontinental Exchange, Inc., 69092-69093 [2016-24016]
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<![CDATA[
69092
Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–23997 Filed 10–4–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78992; File Nos. SR–NYSE–
2016–57; SR–NYSEMKT–2016–80; SR–
NYSEArca–2016–119]
Self-Regulatory Organizations; New
York Stock Exchange LLC; NYSE MKT
LLC; NYSE Arca, Inc.; Order Approving
Proposed Rule Change, as Modified by
Amendment No. 2 Thereto, Amending
and Restating the Second Amended
and Restated Certificate of
Incorporation of the Exchanges’
Ultimate Parent Company,
Intercontinental Exchange, Inc.
September 29, 2016.
I. Introduction
On August 17, 2016, each of New
York Stock Exchange LLC (‘‘NYSE’’),
NYSE MKT LLC (‘‘NYSE MKT’’), and
NYSE Arca, Inc. (‘‘NYSE Arca’’ and,
with NYSE and NYSE MKT, the
‘‘Exchanges’’) 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
amend and restate the Second Amended
and Restated Certificate of Incorporation
(‘‘ICE Certificate’’) of the Exchanges’
ultimate parent company,
Intercontinental Exchange, Inc. (‘‘ICE’’),
to increase ICE’s authorized share
capital and to make other, nonsubstantive changes. The proposed rule
changes were published for comment in
the Federal Register on August 30,
2016.3 On August 25, 2016, the
Exchanges each filed Amendment No. 1
to its respective proposed rule change.4
On August 29, 2016, the Exchanges each
filed Amendment No. 2 to its respective
proposed rule change.5 The Commission
received no comments on the proposed
rule changes, as amended. This order
approves the proposed rule changes, as
modified by Amendment No. 2.
II. Description of the Proposed Rule
Change
The Exchanges propose to revise the
ICE Certificate 6 to increase the total
number of authorized shares of ICE
common stock, par value $0.01 per
share (‘‘Common Stock’’), and to make
other, non-substantive changes. More
specifically, the Exchanges propose to
make the following amendments to the
ICE Certificate:
• In Article IV, Section A, the total
number of shares of stock that ICE is
authorized to issue would be changed
from 600,000,000 to 1,600,000,000
shares, and the portion of that total
constituting Common Stock would be
changed from 500,000,000 to
1,500,000,000 shares.
• In Article V, Section A.5, the
reference to ‘‘this Section A of ARTICLE
VI’’ would be corrected to refer to ‘‘this
Section A of ARTICLE V’’.
• References to the ‘‘Second
Amended and Restated Certificate of
Incorporation’’ would be changed
throughout to refer to the ‘‘Third
Amended and Restated Certificate of
Incorporation,’’ and related technical
and conforming changes would be made
to the recitals and signature page of the
ICE Certificate.
The Exchanges state that the proposed
amendments to the ICE Certificate were
approved by the board of directors of
ICE (‘‘ICE Board’’) on August 1, 2016.7
The Exchanges further state that the
amendments to the ICE Certificate
would be effective when filed with the
Department of State of Delaware, which
would not occur until approval of the
amendments by the stockholders of ICE
is obtained at a Special Meeting of
Stockholders on October 12, 2016.8
According to the Exchanges, the
trading price of ICE’s Common Stock
has risen significantly since ICE’s initial
public offering in 2005, and the ICE
Board believes that such price
appreciation may impact the liquidity of
ICE’s Common Stock, making it more
difficult to efficiently trade and
potentially less attractive to certain
investors.9 Accordingly, the ICE Board
approved pursuing a 5-for-1 stock split
by way of a stock dividend, pursuant to
which the holders of record of shares of
Common Stock would receive, by way
of a dividend, four shares of Common
Stock for each share of Common Stock
held by such holder (‘‘Stock Dividend’’).
The Exchanges state that the ICE Board’s
approval of the Stock Dividend was
contingent upon Commission and ICE
stockholder approval of the proposed
amendments to the ICE Certificate.
Further, the Exchanges state that the
number of shares of Common Stock
proposed to be issued in the Stock
Dividend exceeds ICE’s authorized but
unissued shares of Common Stock. The
proposed rule changes would increase
ICE’s authorized shares of Common
Stock and shares of capital stock to
allow ICE to effectuate the Stock
Dividend.
According to the Exchanges, the
proposed changes to the ICE Certificate
would not alter the limitations on voting
and ownership set forth in Section V of
the ICE Certificate.10 Such limitations
were introduced at the time of ICE’s
acquisition of the Exchanges, to
‘‘minimize the potential that a person
could improperly interfere with or
restrict the ability of the Commission,
the Exchange, or its subsidiaries to
effectively carry out their regulatory
oversight responsibilities under the
Act.’’ 11
III. Discussion and Commission
Findings
After careful review, the Commission
finds that the proposed rule changes, as
modified by Amendment No. 2, are
consistent with the Act and the rules
and regulations thereunder applicable to
a national securities exchange.12
The Commission finds that the
proposed rule changes by the Exchanges
to modify the ICE Certificate are
consistent with the requirements of
Section 6 of the Act and the rules and
regulations thereunder applicable to a
national securities exchange.13 In
9 See
asabaliauskas on DSK3SPTVN1PROD with NOTICES
17 17
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release Nos. 78661
(August 24, 2016), 81 FR 59699 (August 30, 2016)
(‘‘NYSE Notice’’); 78663 (August 24, 2016), 81 FR
59696 (August 30, 2016); and 78662 (August 24,
2016), 81 FR 59674 (August 30, 2016).
4 On August 26, 2016, the Exchanges withdrew
Amendment No. 1.
5 Amendment No. 2 made technical, nonsubstantive changes to the ICE Certificate to remove
unnecessary underlining and to italicize a comma.
Because Amendment No. 2 adds clarification and
VerDate Sep<11>2014
18:15 Oct 04, 2016
Jkt 241001
does not materially alter the substance of the
proposed rule changes or raise unique or novel
regulatory issues, Amendment No. 2 is not subject
to notice and comment.
6 ICE owns 100% of the equity interest of
Intercontinental Exchange Holdings, Inc., which in
turn owns 100% of the equity interest of NYSE
Holdings LLC. NYSE Holdings LLC owns 100% of
the equity interest of NYSE Group, Inc., which in
turn directly owns 100% of the equity interest of
each Exchange. ICE is a publicly traded company
listed on the NYSE.
7 See, e.g., NYSE Notice, supra note 3.
8 See id.
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
id.
id.
11 See Securities Exchange Act Release No. 70210
(August 15, 2013), 78 FR 51758 (August 21, 2013)
(SR–NYSE–2013–42; SR–NYSEMKT–2013–50; and
SR–NYSEArca–2013–62), at 51760.
12 In approving the proposed rule changes, the
Commission has considered their impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
13 Certain provisions of the ICE Certificate are
considered rules of NYSE, NYSE MKT, and NYSE
Arca if they are stated policies, practices, or
interpretations, as defined in Rule 19b–4 under the
Act, of NYSE, NYSE MKT, and NYSE Arca, and
10 See
E:\FR\FM\05OCN1.SGM
05OCN1
Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
particular, the Commission finds that
the proposed rule changes are consistent
with Section 6(b)(1) of the Act, which,
among other things, requires a national
securities exchange to be so organized
and have the capacity to carry out the
purposes of the Act and to enforce
compliance by its members with the
provisions of the Act, the rule and
regulations thereunder, and the rules of
the exchange.14 The proposed revisions
to the ICE Certificate are intended to
increase ICE’s authorized shares of
Common Stock and shares of capital
stock and thus would allow ICE to
effectuate the Stock Dividend. The
Exchanges represent that the proposed
rule changes would not alter the
limitations on voting and ownership set
forth in Section V of the ICE Certificate,
which are designed to ‘‘minimize the
potential that a person could improperly
interfere with or restrict the ability of
the Commission, the Exchange, or its
subsidiaries to effectively carry out their
regulatory oversight responsibilities
under the Act.’’ 15
In addition, the Commission finds
that the proposed rule changes are
consistent with Section 6(b)(5) of the
Act,16 which requires, among other
things, that the rules of an exchange be
designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
regulating, clearing, settling, processing
information with respect to, and
facilitating transactions in securities, to
remove impediments to and perfect the
mechanism of a free and open market
and a national market system, and, in
general, to protect investors and the
public interest. As noted above, the
proposed rule changes would revise the
ICE Certificate to increase ICE’s
authorized share capital and thus would
facilitate ICE’s proposed Stock
Dividend. In addition, the proposed rule
changes would correct an erroneous
reference, which may reduce potential
confusion and enhance the clarity of the
ICE Certificate.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,17 that the
proposed rule changes (SR–NYSE–
2016–57; SR–NYSEMKT–2016–80; SR–
NYSEArca–2016–119), as modified by
must be filed with the Commission pursuant to
Section 19(b)(4) of the Act and Rule 19b–4
thereunder. See 15 U.S.C. 78c(a)(27); 15 U.S.C.
78s(b); and 17 CFR 240.19b–4.
14 15 U.S.C. 78f(b)(1).
15 See supra note 11.
16 15 U.S.C. 78f(b)(5).
17 15 U.S.C. 78s(b)(2).
VerDate Sep<11>2014
18:15 Oct 04, 2016
Jkt 241001
Amendment No. 2, be, and hereby are,
approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–24016 Filed 10–4–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78984; File No. SR–SCCP–
2016–01]
Self-Regulatory Organizations; Stock
Clearing Corporation of Philadelphia;
Notice of Filing of Proposed Rule
Change To Amend the By-Laws of
Nasdaq, Inc. To Implement Proxy
Access
September 29, 2016.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on
September 15, 2016, Stock Clearing
Corporation of Philadelphia (‘‘SCCP’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the clearing
agency. 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 Substance of
the Proposed Rule Change
SCCP is filing this proposed rule
change with respect to amendments of
the By-Laws (the ‘‘By-Laws’’) of its
parent corporation, Nasdaq, Inc.
(‘‘Nasdaq’’ or the ‘‘Company’’), to
implement proxy access. The proposed
amendments will be implemented on a
date designated by the Company
following approval by the Commission.
The text of the proposed rule change is
available on SCCP’s Web site at https://
nasdaqphlx.cchwallstreet.com/
nasdaqomxphlx/sccp/, at the principal
office of SCCP, 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,
SCCP included statements concerning
18 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
69093
the purpose of and basis for the
proposed rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. SCCP has prepared
summaries, set forth in sections A, B,
and C below, of the most significant
aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Background
At Nasdaq’s 2016 annual meeting
held on May 5, 2016, Nasdaq’s
stockholders considered a stockholder
proposal submitted under Rule 14a–8
under the Act.3 The proposal, which
passed with 73.52% of the votes cast,
requested that Nasdaq’s Board of
Directors (the ‘‘Board’’) take steps to
implement a ‘‘proxy access’’ by-law.
Proxy access by-laws allow a
stockholder, or group of stockholders,
who comply with certain requirements,
to nominate candidates for service on a
board and have those candidates
included in a company’s proxy
materials. Such provisions allow
stockholders to nominate candidates
without undertaking the expense of a
proxy solicitation.
Following the 2016 annual meeting,
the Nominating & Governance
Committee (the ‘‘Committee’’) of the
Board and the Board reviewed the
voting results on the stockholder
proposal and discussed proxy access
generally. The Committee ultimately
recommended to the Board, and the
Board approved, certain changes to
Nasdaq’s By-Laws to implement proxy
access. Nasdaq now proposes to make
these changes by adopting new Section
3.6 of the By-Laws and making certain
conforming changes to current Sections
3.1, 3.3 and 3.5 of the By-Laws, all of
which are described further below.
In developing its proposal, Nasdaq
has generally tried to balance the
relative weight of arguments for and
against proxy access provisions. On the
one hand, Nasdaq recognizes the
significance of this issue to some
investors, who see proxy access as an
important accountability mechanism
that allows them to participate in board
elections through the nomination of
stockholder candidates that are
3 See 17 CFR 240.14a–8, which establishes
procedures pursuant to which stockholders of a
public company may have their proposals placed
alongside management’s proposals in the
company’s proxy materials for presentation to a
vote at a meeting of stockholders.
E:\FR\FM\05OCN1.SGM
05OCN1
]]>Agencies
[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)]
[Notices]
[Pages 69092-69093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24016]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-78992; File Nos. SR-NYSE-2016-57; SR-NYSEMKT-2016-80;
SR-NYSEArca-2016-119]
Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE
MKT LLC; NYSE Arca, Inc.; Order Approving Proposed Rule Change, as
Modified by Amendment No. 2 Thereto, Amending and Restating the Second
Amended and Restated Certificate of Incorporation of the Exchanges'
Ultimate Parent Company, Intercontinental Exchange, Inc.
September 29, 2016.
I. Introduction
On August 17, 2016, each of New York Stock Exchange LLC (``NYSE''),
NYSE MKT LLC (``NYSE MKT''), and NYSE Arca, Inc. (``NYSE Arca'' and,
with NYSE and NYSE MKT, the ``Exchanges'') 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 amend and restate the Second
Amended and Restated Certificate of Incorporation (``ICE Certificate'')
of the Exchanges' ultimate parent company, Intercontinental Exchange,
Inc. (``ICE''), to increase ICE's authorized share capital and to make
other, non-substantive changes. The proposed rule changes were
published for comment in the Federal Register on August 30, 2016.\3\ On
August 25, 2016, the Exchanges each filed Amendment No. 1 to its
respective proposed rule change.\4\ On August 29, 2016, the Exchanges
each filed Amendment No. 2 to its respective proposed rule change.\5\
The Commission received no comments on the proposed rule changes, as
amended. This order approves the proposed rule changes, as modified by
Amendment No. 2.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release Nos. 78661 (August 24,
2016), 81 FR 59699 (August 30, 2016) (``NYSE Notice''); 78663
(August 24, 2016), 81 FR 59696 (August 30, 2016); and 78662 (August
24, 2016), 81 FR 59674 (August 30, 2016).
\4\ On August 26, 2016, the Exchanges withdrew Amendment No. 1.
\5\ Amendment No. 2 made technical, non-substantive changes to
the ICE Certificate to remove unnecessary underlining and to
italicize a comma. Because Amendment No. 2 adds clarification and
does not materially alter the substance of the proposed rule changes
or raise unique or novel regulatory issues, Amendment No. 2 is not
subject to notice and comment.
---------------------------------------------------------------------------
II. Description of the Proposed Rule Change
The Exchanges propose to revise the ICE Certificate \6\ to increase
the total number of authorized shares of ICE common stock, par value
$0.01 per share (``Common Stock''), and to make other, non-substantive
changes. More specifically, the Exchanges propose to make the following
amendments to the ICE Certificate:
---------------------------------------------------------------------------
\6\ ICE owns 100% of the equity interest of Intercontinental
Exchange Holdings, Inc., which in turn owns 100% of the equity
interest of NYSE Holdings LLC. NYSE Holdings LLC owns 100% of the
equity interest of NYSE Group, Inc., which in turn directly owns
100% of the equity interest of each Exchange. ICE is a publicly
traded company listed on the NYSE.
---------------------------------------------------------------------------
In Article IV, Section A, the total number of shares of
stock that ICE is authorized to issue would be changed from 600,000,000
to 1,600,000,000 shares, and the portion of that total constituting
Common Stock would be changed from 500,000,000 to 1,500,000,000 shares.
In Article V, Section A.5, the reference to ``this Section
A of ARTICLE VI'' would be corrected to refer to ``this Section A of
ARTICLE V''.
References to the ``Second Amended and Restated
Certificate of Incorporation'' would be changed throughout to refer to
the ``Third Amended and Restated Certificate of Incorporation,'' and
related technical and conforming changes would be made to the recitals
and signature page of the ICE Certificate.
The Exchanges state that the proposed amendments to the ICE
Certificate were approved by the board of directors of ICE (``ICE
Board'') on August 1, 2016.\7\ The Exchanges further state that the
amendments to the ICE Certificate would be effective when filed with
the Department of State of Delaware, which would not occur until
approval of the amendments by the stockholders of ICE is obtained at a
Special Meeting of Stockholders on October 12, 2016.\8\
---------------------------------------------------------------------------
\7\ See, e.g., NYSE Notice, supra note 3.
\8\ See id.
---------------------------------------------------------------------------
According to the Exchanges, the trading price of ICE's Common Stock
has risen significantly since ICE's initial public offering in 2005,
and the ICE Board believes that such price appreciation may impact the
liquidity of ICE's Common Stock, making it more difficult to
efficiently trade and potentially less attractive to certain
investors.\9\ Accordingly, the ICE Board approved pursuing a 5-for-1
stock split by way of a stock dividend, pursuant to which the holders
of record of shares of Common Stock would receive, by way of a
dividend, four shares of Common Stock for each share of Common Stock
held by such holder (``Stock Dividend''). The Exchanges state that the
ICE Board's approval of the Stock Dividend was contingent upon
Commission and ICE stockholder approval of the proposed amendments to
the ICE Certificate.
---------------------------------------------------------------------------
\9\ See id.
---------------------------------------------------------------------------
Further, the Exchanges state that the number of shares of Common
Stock proposed to be issued in the Stock Dividend exceeds ICE's
authorized but unissued shares of Common Stock. The proposed rule
changes would increase ICE's authorized shares of Common Stock and
shares of capital stock to allow ICE to effectuate the Stock Dividend.
According to the Exchanges, the proposed changes to the ICE
Certificate would not alter the limitations on voting and ownership set
forth in Section V of the ICE Certificate.\10\ Such limitations were
introduced at the time of ICE's acquisition of the Exchanges, to
``minimize the potential that a person could improperly interfere with
or restrict the ability of the Commission, the Exchange, or its
subsidiaries to effectively carry out their regulatory oversight
responsibilities under the Act.'' \11\
---------------------------------------------------------------------------
\10\ See id.
\11\ See Securities Exchange Act Release No. 70210 (August 15,
2013), 78 FR 51758 (August 21, 2013) (SR-NYSE-2013-42; SR-NYSEMKT-
2013-50; and SR-NYSEArca-2013-62), at 51760.
---------------------------------------------------------------------------
III. Discussion and Commission Findings
After careful review, the Commission finds that the proposed rule
changes, as modified by Amendment No. 2, are consistent with the Act
and the rules and regulations thereunder applicable to a national
securities exchange.\12\
---------------------------------------------------------------------------
\12\ In approving the proposed rule changes, the Commission has
considered their impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------
The Commission finds that the proposed rule changes by the
Exchanges to modify the ICE Certificate are consistent with the
requirements of Section 6 of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\13\ In
[[Page 69093]]
particular, the Commission finds that the proposed rule changes are
consistent with Section 6(b)(1) of the Act, which, among other things,
requires a national securities exchange to be so organized and have the
capacity to carry out the purposes of the Act and to enforce compliance
by its members with the provisions of the Act, the rule and regulations
thereunder, and the rules of the exchange.\14\ The proposed revisions
to the ICE Certificate are intended to increase ICE's authorized shares
of Common Stock and shares of capital stock and thus would allow ICE to
effectuate the Stock Dividend. The Exchanges represent that the
proposed rule changes would not alter the limitations on voting and
ownership set forth in Section V of the ICE Certificate, which are
designed to ``minimize the potential that a person could improperly
interfere with or restrict the ability of the Commission, the Exchange,
or its subsidiaries to effectively carry out their regulatory oversight
responsibilities under the Act.'' \15\
---------------------------------------------------------------------------
\13\ Certain provisions of the ICE Certificate are considered
rules of NYSE, NYSE MKT, and NYSE Arca if they are stated policies,
practices, or interpretations, as defined in Rule 19b-4 under the
Act, of NYSE, NYSE MKT, and NYSE Arca, and must be filed with the
Commission pursuant to Section 19(b)(4) of the Act and Rule 19b-4
thereunder. See 15 U.S.C. 78c(a)(27); 15 U.S.C. 78s(b); and 17 CFR
240.19b-4.
\14\ 15 U.S.C. 78f(b)(1).
\15\ See supra note 11.
---------------------------------------------------------------------------
In addition, the Commission finds that the proposed rule changes
are consistent with Section 6(b)(5) of the Act,\16\ which requires,
among other things, that the rules of an exchange be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. As noted above, the proposed
rule changes would revise the ICE Certificate to increase ICE's
authorized share capital and thus would facilitate ICE's proposed Stock
Dividend. In addition, the proposed rule changes would correct an
erroneous reference, which may reduce potential confusion and enhance
the clarity of the ICE Certificate.
---------------------------------------------------------------------------
\16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
IV. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\17\ that the proposed rule changes (SR-NYSE-2016-57; SR-NYSEMKT-
2016-80; SR-NYSEArca-2016-119), as modified by Amendment No. 2, be, and
hereby are, approved.
---------------------------------------------------------------------------
\17\ 15 U.S.C. 78s(b)(2).
\18\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-24016 Filed 10-4-16; 8:45 am]
BILLING CODE 8011-01-P
