6912 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices 

50 15 U.S.C. 78s(b)(3)(A). 

51 17 CFR 240.19b–4(f)(6). As required under Rule 

19b–4(f)(6)(iii), the Exchange provided the 

Commission with written notice of its intent to file 

the proposed rule change, along with a brief 

description and the text of the proposed rule 

change, at least five business days prior to the date 

of filing of the proposed rule change. 52 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b-4 

3See Securities Exchange Act Release Nos. 75556 

(July 30, 2015), 80 FR 46628 (SR–NYSE–2015–31) 

and 75559 (July 30, 2015), 80 FR 46642 (SR– 

NYSEMKT–2015–56). 

4Letter from Eric S. Hunsader, Nanex, LLC, dated 

August 14, 2015; Letter from John Ramsay, Chief 

Market Policy Officer, IEX Group, Inc., to Brent J. 

Fields, Secretary, Commission, dated August 20, 

2015; Letter from Lorenzo Ferlazzo, Acquaequity to 

the Commission, dated October 1, 2015; Elliot 

Grossman, Managing Director, Dinosaur Securities, 

LLC, to Brent J. Fields, Secretary, Commission, 

dated October 13, 2015; Melissa MacGregor, 

Managing Director and Associate General Counsel, 

SIFMA, to Brent J. Fields, Secretary, Commission, 

dated October 14, 2015; Elizabeth K. King, General 

Counsel and Corporate Secretary, NYSE, to Brent J. 

Fields, Secretary, Commission, dated November 12, 

2015. 

5See Securities Exchange Act Release No. 75937, 

80 FR 57408 (Sept. 23, 2015). 

19(b)(3)(A) of the Act 50 and Rule 19b– 

4(f)(6) thereunder.51

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 

change 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 Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

NYSEArca–2016–16 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–NYSEArca–2016–16. 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 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– 

NYSEArca–2016–16, and should be 

submitted on or before March 1, 2016. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.52

Robert W. Errett, 

Deputy Secretary. 

[FR Doc. 2016–02439 Filed 2–8–16; 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 Securities and Exchange 

Commission will hold a Closed Meeting 

on Thursday, February 11, 2016 at 2:00 

p.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the Closed Meeting. Certain 

staff members who have an interest in 

the matters also may be present. 

The General Counsel of the 

Commission, or her designee, has 

certified that, in her opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) 

and 17 CFR 200.402(a)(3), (5), (7), 9(ii) 

and (10), permit consideration of the 

scheduled matter at the Closed Meeting. 

Chair White, as duty officer, voted to 

consider the items listed for the Closed 

Meeting in closed session. 

The subject matter of the Closed 

Meeting will be: 

Institution and settlement of injunctive 

actions; 

Institution and settlement of 

administrative proceedings; and 

Other matters relating to enforcement 

proceedings. 

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. 

Dated: February 4, 2016. 

Brent J. Fields, 

Secretary. 

[FR Doc. 2016–02600 Filed 2–5–16; 11:15 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–77047; File Nos. SR–NYSE– 

2015–31 and SR–NYSEMKT–2015–56] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; NYSE MKT 

LLC; Notice of Withdrawal of Proposed 

Rule Changes Amending the NYSE 

Trades Market Data and NYSE MKT 

Trades Market Data Product Offerings 

February 3, 2016. 

On July 16, 2015, New York Stock 

Exchange LLC (‘‘NYSE’’) and, on July 

24, 2015, NYSE MKT LLC (‘‘NYSE 

MKT’’) (together with NYSE, the 

‘‘Exchanges’’) each 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 to 

amend, respectively, the NYSE Trades 

market data and NYSE MKT Trades 

market data product offerings. The 

proposed rule changes were published 

for comment in the Federal Register on 

August 5, 2015.3 Six comments on the 

proposals were received.4 On September 

17, 2015, the Commission issued an 

order instituting proceedings to 

determine whether to disapprove the 

proposed rule changes.5 On November 

16, 2015, the Exchanges withdrew the 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices 6913 

6 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A). 

4 17 CFR 240.19b–4(f)(6). 

5Terms not otherwise defined herein have the 

meaning set forth in the DTC Rules, By-laws and 

Organization Certificate (‘‘DTC Rules’’), available at 

http://www.dtcc.com/legal/rules-andprocedures.aspx. 

6Users choosing to access an SPR directly 

through the SPR Site could select to view the SPR 

in either a web browser format (‘‘Browser’’) or in 

a downloadable spreadsheet format 

(‘‘Spreadsheet’’). 

7CCF is a transmission system for input and 

output based on various protocols between the 

mainframe computer facility of a user of DTC’s 

services and DTC’s mainframe computer facility. 

8Available at http://www.dtcc.com/assetservices/issuer-services/spr-pricing. 

9Available at http://www.dtcc.com/∼/media/

Files/Downloads/legal/issue-eligibility/eligibility/

operational-arrangements.pdf. 

10Users need access to SPRs to identify 

Participants holding securities in order to conduct 

functions they perform relating to security holders, 

including but not limited to proxy and record date 

functions. 

11CCF delivery of SPRs may be requested by 

Users who have set up a link to interface with DTC 

through CCF. DTC does not charge Users for the 

establishment or maintenance of links to CCF. 

12Hardcopy delivery is utilized by a small 

number of Users on a ‘‘grandfathered’’ basis and is 

not currently available as an option for new Users. 

Upon implementation of the proposed rule change 

these grandfathered Users would be required to 

migrate to another available delivery method. 

13As mentioned above, all Users have the ability 

to obtain SPRs directly through the SPR Site. 

14See the Pricing Schedule, supra note 8. 

proposals (SR–NYSE–2015–31 and SR– 

NYSEMKT–2015–56). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Robert W. Errett, 

Deputy Secretary. 

[FR Doc. 2016–02441 Filed 2–8–16; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–77043; File No. SR–DTC– 

2016–002] 

Self-Regulatory Organizations; The 

Depository Trust Company; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Regarding the 

Discontinuance of the Facsimile and 

Hardcopy Delivery Methods of Security 

Position Reports 

February 3, 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 February 

1, 2016, The Depository Trust Company 

(‘‘DTC’’) filed with the Securities and 

Exchange Commission (‘‘Commission’’) 

the proposed rule change as described 

in Items I and II below, which Items 

have been prepared by DTC. DTC filed 

the proposed rule change pursuant to 

Section 19(b)(3)(A) of the Act 3 and Rule 

19b–4(f)(6) thereunder.4 The proposed 

rule change was effective upon filing 

with the Commission. The Commission 

is publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Clearing Agency’s Statement of the 

Terms of Substance of the Proposed 

Rule Change 

The proposed rule change by DTC 

would discontinue the options for Users 

(as defined below) to receive facsimile 

or hardcopy delivery of Security 

Position Reports (‘‘SPRs’’), as more fully 

described below.5 Users could continue 

to access SPRs using the other currently 

available methods that DTC makes 

available for all Users, namely either 

directly through the secure DTC Web 

site dedicated to SPR processing (‘‘SPR 

Site’’) 6 or by using DTC’s Computer-toComputer Facility (‘‘CCF’’).7 Consistent 

with the elimination of the facsimile 

and hardcopy methods described above, 

DTC would eliminate the provision in 

the DTC SPR Pricing Schedule (‘‘Pricing 

Schedule’’) 8 relating to a special charge 

for facsimile delivery of SPRs by DTC 

and make technical changes to text in 

the DTC Operational Arrangements 

(‘‘OA’’),9 as described below. 

II. Clearing Agency’s Statement of the 

Purpose of, and Statutory Basis for, the 

Proposed Rule Change 

In its filing with the Commission, 

DTC 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 these statements 

may be examined at the places specified 

in Item IV below. DTC has prepared 

summaries, set forth in sections A, B, 

and C below, of the most significant 

aspects of such statements. 

(A) Clearing Agency’s Statement of the 

Purpose of, and Statutory Basis for, the 

Proposed Rule Change 

1. Purpose 

Background 

DTC may provide to Issuers, Trustees, 

and third party Agents authorized by 

the Issuer (collectively, ‘‘Users’’), 

listings of Participants’ holdings of 

Issuer Securities on a specific date for 

specific Securities, by CUSIP number. 

These listings are known as SPRs or 

Security Position Listings.10 DTC 

charges fees for providing SPRs, as set 

forth in the Pricing Schedule. 

All Users must be registered for the 

SPR Site and all requests for 

subscriptions or individual copies of 

SPRs must be made through the SPR 

Site. A User may request that the 

delivery of an SPR be made directly 

through the SPR Site in either Browser 

or Spreadsheet formats, by CCF,11 or by 

facsimile. Hardcopy delivery is also 

available for certain Users upon 

request.12 For reports covered by SPR 

subscriptions, Users do not pay an 

additional delivery fee regardless of 

delivery method. However, for reports 

not covered by SPR subscriptions, i.e., 

special requests and meeting record date 

requests, Users must pay an additional 

$25.00 charge for facsimile and 

spreadsheet delivery. 

DTC is proposing to eliminate the 

facsimile and hardcopy methods of SPR 

delivery for a number of reasons. First, 

doing so would improve efficiencies in 

terms of streamlining SPR processing 

away from more manually intensive 

delivery methods and thus lower costs 

to DTC. Second, eliminating physical 

delivery methods in favor of access to 

SPRs through electronic interface or 

transmission methods provides a higher 

level of security.13 Third, the 

elimination of these two delivery 

methods should not have a significant 

impact on Users because delivery of 

SPRs through facsimile and hardcopy 

delivery represents less than one 

percent of SPRs delivered. Fourth, there 

is no additional delivery-related charge 

to a User for access to SPRs via Browser 

or CCF, thus making those delivery 

options less costly for non-subscription 

Users that currently pay an additional 

charge of $25.00 for facsimile delivery 

per report.14

Although Users that have SPR 

subscriptions would no longer have the 

option to receive SPRs by facsimile or 

hardcopy, the cost savings to DTC of 

eliminating these delivery methods is 

ultimately cost savings to the Users. The 

elimination of the facsimile and 

hardcopy methods would balance the 

costs to DTC and obviate the need for 

DTC to raise its SPR subscription fees. 

Proposed Revisions to the Pricing 

Schedule and OA 

In connection with this proposal to no 

longer offer facsimile and hard copy 

[sic] delivery methods, DTC would 

update its Pricing Schedule to remove 

the $25.00 additional charge per report 

when facsimile service is specifically 

mstockstill on DSK4VPTVN1PROD with NOTICES