Self-Regulatory Organizations; National Stock Exchange, Inc.; Notice of Filing of a Proposed Rule Change To Amend Exchange Rule 11.26 To Correct Defective Numbering in the Interpretations and Policies of the Rule, 76393-76395 [2016-26403]
Download as PDF
<![CDATA[
Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices
02417). The USACE’s Public Interest
Review will be part of its Record of
Decision and is not addressed in the
final EIS.
II. Discussion
As discussed in the final EIS, the NRC
staff’s recommendation related to the
environmental aspects of the proposed
action is that the COLs should be
issued. This recommendation is based
on: (1) The Environmental Report (ER)
submitted by FPL, as revised; (2)
consultation with Federal, State, Tribal,
and local agencies; (3) the NRC staff’s
independent review; (4) the NRC staff’s
consideration of comments received
during the environmental review; and
(5) the assessments summarized in the
final EIS, including the potential
mitigation measures identified in the ER
and in the final EIS. In addition, in
making its recommendation, the NRC
staff has concluded that there are no
environmentally preferable or obviously
superior sites in the region of interest.
Dated at Rockville, Maryland, this 27th day
of October, 2016.
For the Nuclear Regulatory Commission.
Francis M. Akstulewicz,
Director, Division of New Reactor Licensing,
Office of New Reactors.
[FR Doc. 2016–26456 Filed 11–1–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2016–0214]
Biweekly Notice; Applications and
Amendments to Facility Operating
Licenses and Combined Licenses
Involving No Significant Hazards
Considerations; Correction
Nuclear Regulatory
Commission.
ACTION: Notice; correction.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is correcting a notice
that was published in the Federal
Register (FR) on October 25, 2016,
regarding notice of issuance of
amendments to facility operating
licenses and combined licenses. This
action is necessary to correct an
administrative error.
DATES: The correction is effective
November 2, 2016.
ADDRESSES: Please refer to Docket ID
NRC–2016–0214 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:18 Nov 01, 2016
Jkt 241001
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0214. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced (if it is available in
ADAMS) is provided the first time that
it is mentioned in this document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Janet Burkhardt, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1384, email: Janet.Burkhardt@nrc.gov.
SUPPLEMENTARY INFORMATION: In the
Federal Register on October 25, 2016, in
FR Doc. 2016–25641, on page 73445,
second column, line 33, correct
‘‘enclosed with the amendments’’ to
read ‘‘enclosed with the letter dated
May 6, 2016 (ADAMS Accession No.
ML16096A266).’’
Dated at Rockville, Maryland, this 27th day
of October 2016.
For the Nuclear Regulatory Commission.
George A. Wilson, Jr.,
Deputy Director, Division of Operating
Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2016–26461 Filed 11–1–16; 8:45 am]
BILLING CODE 7590–01–P
Product Change—Priority Mail and
Parcel Select Negotiated Service
Agreement
Postal ServiceTM.
ACTION: Notice.
AGENCY:
The Postal Service gives
notice of filing a request with the Postal
SUMMARY:
Frm 00063
Fmt 4703
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Effective date: November 2,
2016.
FOR FURTHER INFORMATION CONTACT:
Elizabeth A. Reed, 202–268–3179.
The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on October 26,
2016, it filed with the Postal Regulatory
Commission a Request of the United
States Postal Service to Add Priority
Mail & Parcel Select Contract 2 to
Competitive Product List. Documents
are available at www.prc.gov, Docket
Nos. MC2017–13, CP2017–29.
SUPPLEMENTARY INFORMATION:
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2016–26409 Filed 11–1–16; 8:45 am]
BILLING CODE 7710–12–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79174; File No. SR–NSX–
2016–14]
Self-Regulatory Organizations;
National Stock Exchange, Inc.; Notice
of Filing of a Proposed Rule Change
To Amend Exchange Rule 11.26 To
Correct Defective Numbering in the
Interpretations and Policies of the Rule
October 27, 2016.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on October
13, 2016, National Stock Exchange, Inc.
(‘‘NSX’’ or the ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
the proposed rule change, as described
in Items I and II below, which Items
have been prepared by the Exchange.
The Commission is publishing this
notice to solicit comment on the
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
POSTAL SERVICE
PO 00000
76393
Sfmt 4703
The Exchange is proposing to amend
Exchange Rule 11.26, Compliance with
Regulation NMS Plan to Implement a
Tick Size Pilot to correct defective
numbering under the Interpretations
and Policies of the rule. The Exchange
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
E:\FR\FM\02NON1.SGM
02NON1
76394
Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices
is not proposing any substantive
amendments to the rule text.
The Exchange has designated this
proposal as a ‘‘non-controversial’’
proposed rule change pursuant to
Section 19(b)(3)(A) of the Act 3 and
provided the Commission with the
notice required by Rule 19b–4(f)(6)(iii)
under the Act.4
The text of the proposed rule change
is available on the Exchange’s Web site
at https://www.nsx.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
Exchange 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. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant parts of such
statements.
sradovich on DSK3GMQ082PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange is proposing to make
ministerial non-substantive changes to
the numbering of the Interpretations and
Policies sections of Rule 11.26. The
changes are intended to address
incorrect numbering that resulted from
two recent amendments [sic] the rule
filed by the Exchange. On September 28,
2016 the Commission noticed a
proposed rule change filed by the
Exchange to amend Rule 11.26,
including certain sections of the
Interpretations and Policies.5 As part of
these amendments, the Exchange
proposed new text for section .09,
which resulted a renumbering of former
section .09 as .10. Section .10, with
certain text proposed to be amended,
was renumbered to .11; former .11 was
renumbered as section .12, with no
changes proposed to the text.
On September 29, 2016, the SEC
noticed a proposed rule change filed by
the Exchange to make further rule
changes in connection with the
Regulation NMS Plan to Implement a
3 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6)(iii).
5 See Securities Exchange Act Release No. 78960
(September 28, 2016), 81 FR 68476 (October 4,
2016) (SR–NSX–2016–12).
4 17
VerDate Sep<11>2014
17:18 Nov 01, 2016
Jkt 241001
Tick Size Pilot, including an
amendment to Rule 11.26,
Interpretations and Policies.6 The filing
should have reflected that the language
of Interpretations and Polices .12 was
being replaced and that the former
language of Interpretations and Policies
.12 was being added as Interpretations
and Policies .13. However, the
Exchange, in its filing incorrectly
assigned the number .11 where it should
have used .12 and incorrectly assigned
the number .12 where it should have
used .13. As a result, two separate
sections of the Interpretations and
Policies are designated as number .11.
The Exchange proposes to correct this
error by amending the numbering
associated with these sections. The
section that was incorrectly numbered
.11 will become .12 and the section
previously incorrectly numbered .12
will become .13.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 7 in general, and furthers the
objectives of Section 6(b)(5) of the Act 8
in particular, in that it is designed to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
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.
Specifically, the proposal is designed
to correct an administrative error from
a previous filing that resulted in
incorrect numbering of certain sections
of Rule 11.26, Interpretations and
Policies. Correcting these errors will
avoid confusion and will promote
clarity and ease of reference in the
Exchange’s rules and is consistent with
Section 6(b)(5) of the Act in that it will
promote just and equitable principles of
trade and the protection of investors and
the public interest.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will result in
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change is intended to
correct defective numbering in the
Interpretations and Policies of Rule
11.26 and raises no competitive issues.
6 See Securities Exchange Act Release No. 78987
(September 29, 2016), 81 FR 69123 (October 5,
2016) (SR–NSX–2016–13).
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change 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, it has
become effective pursuant to Section
19(b)(3)(A) 9 of the Act and Rule 19b–
4(f)(6) thereunder.10
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 11 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 12
permits the Commission to 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 delay so that the proposal may
become operative upon filing. The
Exchange believes that waiver of the 30day operative delay is consistent with
the protection of investors and the
public interest because the proposed
changes are ministerial and the
Commission granted a similar waiver of
the 30-day operative delay in its notice
of the rule changes that contained the
original incorrect numbering.13 The
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest because the proposed
changes are non-substantive and will
provide clarity to the Exchange’s rules.
Therefore, the Commission hereby
waives the operative delay and
designates the proposed rule change
operative upon filing.14
9 15
U.S.C. 78s(b)(3)(A).
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, or such
shorter time as designated by the Commission.
11 17 CFR 240.19b–4(f)(6).
12 17 CFR 240.19b–4(f)(6)(iii).
13 See supra notes 5 and 6.
14 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
10 17
E:\FR\FM\02NON1.SGM
02NON1
Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices
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
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:
sradovich on DSK3GMQ082PROD with NOTICES
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–
NSX–2016–14 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File No.
SR–NSX–2016–14. This file number
should be included in the subject line
if email is used. To help the
Commission process and review
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
a.m. and 3 p.m. eastern time. Copies of
such filings 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
VerDate Sep<11>2014
17:18 Nov 01, 2016
Jkt 241001
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to file number SR–NSX–
2016–14 and should be submitted on or
before November 23, 2016.
For the Commission by the Division of
Trading and Markets, pursuant to the
delegated authority.15
Brent J. Fields,
Secretary.
[FR Doc. 2016–26403 Filed 11–1–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. IC–32340; File No. 812–14472]
NF Investment Corp., et al.; Notice of
Application
October 27, 2016.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of application for an
order to amend a prior order under
sections 17(d), 57(a)(4) and 57(i) of the
Investment Company Act of 1940 (the
‘‘Act’’) and rule 17d–1 under the Act to
permit certain joint transactions
otherwise prohibited by sections 17(d),
57(a)(4) and 57(i) of the Act and rule
17d–1 under the Act.
AGENCY:
Applicants
request an order (‘‘Order’’) to amend a
prior order to permit certain business
development companies (‘‘BDCs’’) and
closed-end investment companies to coinvest in portfolio companies with each
other and with certain other affiliated
investment funds and broker-dealers.
The Order would supersede the prior
order.1
APPLICANTS: NF Investment Corp.
(‘‘NFIC’’); Carlyle GMS Finance, Inc.
(‘‘CGMSF,’’ and together with NFIC, the
‘‘Existing Regulated Funds’’); NFIC SPV
LLC (‘‘NFIC Sub’’); Carlyle GMS
Finance SPV LLC (‘‘CGMSF Sub’’’);
Carlyle GMS Finance MM CLO 2015–1
LLC (‘‘2015–1 Issuer,’’ and together with
CFMSF Sub and NFIC Sub, the
‘‘Existing SPV Subs’’) (collectively, the
‘‘Existing Co-Investment Affiliates’’);
Carlyle GMS Investment Management
L.L.C. (‘‘CGMSIM’’) on behalf of itself
and its successors; 2 and TCG Securities,
L.L.C. (‘‘TCG’’).
SUMMARY OF APPLICATION:
15 17
CFR 200.30–3(a)(12).
Investment Corp., et al., Investment
Company Act Rel. Nos. 30900 (Jan. 31, 2014)
(notice) and 30968 (Feb. 26, 2014) (order).
2 The term ‘‘successor’’ as applied to CGMSIM
means an entity that results from a reorganization
into another jurisdiction or change in the type of
business organization.
1 NF
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
76395
The application was filed
on May 22, 2015, and amended on
October 8, 2015, March 30, 2016, and
August 4, 2016.
HEARING OR NOTIFICATION OF HEARING: An
order granting the requested relief will
be issued unless the Commission orders
a hearing. Interested persons may
request a hearing by writing to the
Commission’s Secretary and serving
applicants with a copy of the request,
personally or by mail. Hearing requests
should be received by the Commission
by 5:30 p.m. on November 21, 2016, and
should be accompanied by proof of
service on applicants, in the form of an
affidavit or, for lawyers, a certificate of
service. Pursuant to Rule 0–5 under the
Act, hearing requests should state the
nature of the writer’s interest, any facts
bearing upon the desirability of a
hearing on the matter, the reason for the
request, and the issues contested.
Persons who wish to be notified of a
hearing may request notification by
writing to the Commission’s Secretary.
ADDRESSES: The Commission: Brent J.
Fields, Secretary, U.S. Securities and
Exchange Commission, 100 F St. NE.,
Washington, DC 20549–1090.
Applicants: Carlyle GMS Finance, Inc.,
520 Madison Avenue, 38th Floor, New
York, NY 10022.
FOR FURTHER INFORMATION CONTACT: Jean
E. Minarick, Senior Counsel, at (202)
551–6811 or Daniele Marchesani,
Branch Chief, at (202) 551–6821 (Chief
Counsel’s Office, Division of Investment
Management).
SUPPLEMENTARY INFORMATION: The
following is a summary of the
application. The complete application
may be obtained via the Commission’s
Web site by searching for the file
number, or for an applicant using the
Company name box, at https://
www.sec.gov/search/search.htm or by
calling (202) 551–8090.
FILING DATES:
Applicants’ Representations
1. CGMSF and NFIC are both
Maryland corporations organized as
non-diversified, closed-end
management investment companies that
have elected to be regulated as BDCs
under Section 54(a) of the Act.3 The
Objectives and Strategies 4 of both
3 Section 2(a)(48) defines a BDC to be any closedend investment company that operates for the
purpose of making investments in securities
described in sections 55(a)(1) through 55(a)(3) of the
Act and makes available significant managerial
assistance with respect to the issuers of such
securities.
4 ‘‘Objectives and Strategies’’ means the
investment objectives and strategies of a Regulated
Fund (as defined below), as described in the filings
made with the Commission by the Regulated Fund
E:\FR\FM\02NON1.SGM
Continued
02NON1
]]>Agencies
[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Notices]
[Pages 76393-76395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26403]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-79174; File No. SR-NSX-2016-14]
Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing of a Proposed Rule Change To Amend Exchange Rule 11.26
To Correct Defective Numbering in the Interpretations and Policies of
the Rule
October 27, 2016.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 13, 2016, National Stock Exchange, Inc. (``NSX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change, as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comment on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange is proposing to amend Exchange Rule 11.26, Compliance
with Regulation NMS Plan to Implement a Tick Size Pilot to correct
defective numbering under the Interpretations and Policies of the rule.
The Exchange
[[Page 76394]]
is not proposing any substantive amendments to the rule text.
The Exchange has designated this proposal as a ``non-
controversial'' proposed rule change pursuant to Section 19(b)(3)(A) of
the Act \3\ and provided the Commission with the notice required by
Rule 19b-4(f)(6)(iii) under the Act.\4\
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78s(b)(3)(A).
\4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
The text of the proposed rule change is available on the Exchange's
Web site at https://www.nsx.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 Exchange 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. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange is proposing to make ministerial non-substantive
changes to the numbering of the Interpretations and Policies sections
of Rule 11.26. The changes are intended to address incorrect numbering
that resulted from two recent amendments [sic] the rule filed by the
Exchange. On September 28, 2016 the Commission noticed a proposed rule
change filed by the Exchange to amend Rule 11.26, including certain
sections of the Interpretations and Policies.\5\ As part of these
amendments, the Exchange proposed new text for section .09, which
resulted a renumbering of former section .09 as .10. Section .10, with
certain text proposed to be amended, was renumbered to .11; former .11
was renumbered as section .12, with no changes proposed to the text.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 78960 (September 28,
2016), 81 FR 68476 (October 4, 2016) (SR-NSX-2016-12).
---------------------------------------------------------------------------
On September 29, 2016, the SEC noticed a proposed rule change filed
by the Exchange to make further rule changes in connection with the
Regulation NMS Plan to Implement a Tick Size Pilot, including an
amendment to Rule 11.26, Interpretations and Policies.\6\ The filing
should have reflected that the language of Interpretations and Polices
.12 was being replaced and that the former language of Interpretations
and Policies .12 was being added as Interpretations and Policies .13.
However, the Exchange, in its filing incorrectly assigned the number
.11 where it should have used .12 and incorrectly assigned the number
.12 where it should have used .13. As a result, two separate sections
of the Interpretations and Policies are designated as number .11. The
Exchange proposes to correct this error by amending the numbering
associated with these sections. The section that was incorrectly
numbered .11 will become .12 and the section previously incorrectly
numbered .12 will become .13.
---------------------------------------------------------------------------
\6\ See Securities Exchange Act Release No. 78987 (September 29,
2016), 81 FR 69123 (October 5, 2016) (SR-NSX-2016-13).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of Section
6(b)(5) of the Act \8\ in particular, in that it is designed to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in 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.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
Specifically, the proposal is designed to correct an administrative
error from a previous filing that resulted in incorrect numbering of
certain sections of Rule 11.26, Interpretations and Policies.
Correcting these errors will avoid confusion and will promote clarity
and ease of reference in the Exchange's rules and is consistent with
Section 6(b)(5) of the Act in that it will promote just and equitable
principles of trade and the protection of investors and the public
interest.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
rule change is intended to correct defective numbering in the
Interpretations and Policies of Rule 11.26 and raises no competitive
issues.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change 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, it has become
effective pursuant to Section 19(b)(3)(A) \9\ of the Act and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 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, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------
A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \11\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the
Commission to 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 delay so that
the proposal may become operative upon filing. The Exchange believes
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest because the proposed
changes are ministerial and the Commission granted a similar waiver of
the 30-day operative delay in its notice of the rule changes that
contained the original incorrect numbering.\13\ The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because the proposed
changes are non-substantive and will provide clarity to the Exchange's
rules. Therefore, the Commission hereby waives the operative delay and
designates the proposed rule change operative upon filing.\14\
---------------------------------------------------------------------------
\11\ 17 CFR 240.19b-4(f)(6).
\12\ 17 CFR 240.19b-4(f)(6)(iii).
\13\ See supra notes 5 and 6.
\14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------
[[Page 76395]]
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 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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NSX-2016-14 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File No. SR-NSX-2016-14. This file
number should be included in the subject line if email is used. To help
the Commission process and review 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 a.m. and 3
p.m. eastern time. Copies of such filings 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-NSX-2016-14 and should be
submitted on or before November 23, 2016.
---------------------------------------------------------------------------
\15\ 17 CFR 200.30-3(a)(12).
For the Commission by the Division of Trading and Markets,
pursuant to the delegated authority.\15\
Brent J. Fields,
Secretary.
[FR Doc. 2016-26403 Filed 11-1-16; 8:45 am]
BILLING CODE 8011-01-P
