Self-Regulatory Organizations; NYSE MKT LLC; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove Proposed Rule Changes To Extend the Time Within Which a Member, Member Organization, an ATP Holder, an OTP Holder, or an OTP Firm Must File a Uniform Termination Notice for Securities Industry Registration (“Form U5”) and Any Amendments Thereto, 95679-95680 [2016-31306]
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices
The Exchange believes that the
proposed deletion of two references to
Rule 123D in Section 202.06B of the
Listed Company Manual is reasonable,
equitable and not unfairly
discriminatory because the references
are obsolete. The proposed changes
would result in the removal of obsolete
text from the Listed Company Manual
and therefore add greater clarity to the
Listed Company Manual regarding halts
in trading.
The Exchange believes that the
proposed re-lettering of the remaining
subsections of Rule 123D is reasonable,
equitable and not unfairly
discriminatory because the proposed
change would add greater clarity to the
Exchange’s rule book.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
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
proposed change is not designed to
address any competitive issue but rather
would streamline functionality,
eliminate an unnecessary step, and
streamline forms, thereby reducing
confusion and making the Exchange’s
rules easier to understand and navigate.
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.
sradovich on DSK3GMQ082PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 9 and Rule
19b–4(f)(6) thereunder.10 Because the
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
prior to 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, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6) 11 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b4(f)(6)(iii),12 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest.
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) 13 of the Act 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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSE–2016–86 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–NYSE–2016–86. 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
9 15
CFR 240.19b–4(f)(6).
12 17 CFR 240.19b–4(f)(6)(iii).
13 15 U.S.C. 78s(b)(2)(B).
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
10 17
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18:54 Dec 27, 2016
Jkt 241001
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 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–NYSE–
2016–86 and should be submitted on or
before January 18, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016–31299 Filed 12–27–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79645; File Nos. SR–
NYSEMKT–2016–52 and SR–NYSEArca
2016–103]
Self-Regulatory Organizations; NYSE
MKT LLC; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for
Commission Action on Proceedings To
Determine Whether To Approve or
Disapprove Proposed Rule Changes
To Extend the Time Within Which a
Member, Member Organization, an ATP
Holder, an OTP Holder, or an OTP Firm
Must File a Uniform Termination Notice
for Securities Industry Registration
(‘‘Form U5’’) and Any Amendments
Thereto
December 21, 2016.
On June 16, 2016, NYSE MKT LLC
(‘‘NYSE MKT’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) 1 of the Securities Exchange Act
of 1934 (‘‘Act’’) 2 and Rule 19b–4
thereunder,3 a proposed rule change to
extend the time within which a member
or member organization, or an Amex
Trading Permit Holder (‘‘ATP Holder’’)
must file a Form U5, or any
amendments thereto. The proposed rule
change was published for comment in
14 17
11 17
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Sfmt 4703
95679
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
the Federal Register on July 7, 2016.4
On July 14, 2016, NYSE Arca, Inc.
(‘‘NYSE Arca’’) (NYSE MKT and NYSE
Arca, each an ‘‘Exchange’’) filed with
the Commission, pursuant to Section
19(b)(1) 5 of the Act and Rule 19b–4
thereunder,6 a proposed rule change to
extend the time within which an
Options Trading Permit Holder (‘‘OTP
Holder’’) or Options Trading Permit
Firm (‘‘OTP Firm’’) must file a Form U5,
or any amendments thereto. The
proposed rule change was published for
comment in the Federal Register on July
27, 2016.7 The Commission received
one comment letter regarding the
proposals.8 The New York Stock
Exchange LLC (‘‘NYSE’’), on behalf of
the Exchanges, responded to the
comment on August 12, 2016.9 On
August 17, 2016 10 and September 1,
2016,11 the Commission designated a
longer period for Commission action on
the respective proposed rule changes.
On October 3, 2016, the Commission
received another comment regarding the
proposals.12 On October 5, 2016, the
Commission instituted proceedings
under Section 19(b)(2)(B) of the Act 13 to
determine whether to approve or
disapprove the proposed rule changes.14
The Commission received four
additional comment letters regarding
the proposals.15 NYSE, on behalf of the
4 See Securities Exchange Act Release No. 78198
(June 30, 2016), 81 FR 44363.
5 15 U.S.C. 78s(b)(1).
6 17 CFR 240.19b–4.
7 See Securities Exchange Act Release No. 78381
(July 21, 2016), 81 FR 49286.
8 See letter from Judith Shaw, President, North
American Securities Administrators Association,
Inc. (‘‘NASAA’’), dated August 3, 2016, to Brent J.
Fields, Secretary, Securities and Exchange
Commission (‘‘NASAA Letter’’). While the NASAA
Letter addresses issues associated with the NYSE
MKT proposal, the Commission believes that the
concerns raised by NASAA are equally applicable
to the two proposals addressed in this Notice.
9 See letter from Elizabeth K. King, General
Counsel and Corporate Secretary, NYSE, dated
August 12, 2016, to Brent J. Fields, Secretary,
Commission.
10 See Securities Exchange Act Release No. 78598,
81 FR 57642 (August 23, 2016).
11 See Securities Exchange Act Release No. 78755,
81 FR 62912 (September 8, 2016).
12 See letter from Rick A. Fleming, Investor
Advocate, and Tracey L. McNeil, Ombudsman,
Office of the Investor Advocate, Commission, dated
October 3, 2016, to Brent J. Fields, Secretary,
Commission (‘‘OIA Letter’’).
13 15 U.S.C. 78s(b)(2)(B).
14 See Securities Exchange Act Release No. 79055,
81 FR 70460 (October 12, 2016).
15 See letters from Kevin Zambrowicz, Associate
General Counsel, Securities Industry and Financial
Markets Association, dated October 19, 2016;
Michele Van Tassel, President, Association of
Registration Management, November 4, 2016;
Edwin L. Reed, Deputy Director, Alabama
Securities Commission, dated November 14, 2016;
and Mike Rothman, President, NASAA, dated
November 16, 2016 (‘‘NASAA Letter 2’’), to Brent
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18:54 Dec 27, 2016
Jkt 241001
Exchanges, responded to the OIA Letter
on October 25, 2016.16
Section 19(b)(2) of the Act 17 provides
that, after initiating disapproval
proceedings, the Commission shall issue
an order approving or disapproving the
proposed rule change not later than 180
days after the date of publication of
notice of filing of the proposed rule
change. The Commission may extend
the period for issuing an order
approving or disapproving the proposed
rule change, however, by not more than
60 days if the Commission determines
that a longer period is appropriate and
publishes the reasons for such
determination. For proposed rule
change SR–NYSEMKT–2016–52,
January 3, 2017 and March 4, 2017 are
180 days and 240 days, respectively,
from July 7, 2016, the date that the
proposed rule change was published for
notice and comment in the Federal
Register. For proposed rule change SR–
NYSEArca 2016–103, January 23, 2017,
and March 24, 2017, are 180 days and
240 days, respectively from July 27,
2016, the date that the proposed rule
change was published for comment in
the Federal Register.
The Commission finds it appropriate
to designate a longer period within
which to issue an order approving or
disapproving the proposed rule changes
so that it has sufficient time to consider
the proposed rule changes and the
comments received.
Accordingly, the Commission,
pursuant to Section 19(b)(2) of the Act 18
designates, for SR–NYSEMKT–2016–52
and SR–NYSEArca–2106–103, March 4,
2017 and March 24, 2017, respectively,
as the dates by which the Commission
shall either approve or disapprove the
proposed rule changes.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016–31306 Filed 12–27–16; 8:45 am]
BILLING CODE 8011–01–P
J. Fields, Secretary, Commission. While the NASAA
Letter 2 addresses issues associated with the
NYSEMKT proposal, the Commission believes that
the concerns raised by NASAA are equally
applicable to the two proposals addressed in this
Notice.
16 See letter from Elizabeth K. King, General
Counsel and Corporate Secretary, NYSE, dated
October 26, 2016, to Brent J. Fields, Secretary,
Commission.
17 15 U.S.C. 78s(b)(2).
18 Id.
19 17 CFR 200.30–3(a)(57).
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Fmt 4703
Sfmt 4703
SECURITIES AND EXCHANGE
COMMISSION
[Release No. IC–32399; File No. 812–13603]
Ares Capital Corporation, et al.; Notice
of Application
December 21, 2016.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of application for an
order under sections 17(d) 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)
and 57(a)(4) of the Act and rule 17d–1
under the Act.
AGENCY:
Summary of Application: Applicants
request an order to permit a business
development company to co-invest in
portfolio companies with affiliated
investment funds.
Applicants: Ares Capital Corporation
(‘‘ARCC’’), Ares Capital Management
LLC (‘‘ACM’’), Ivy Hill Asset
Management, L.P. (‘‘Ivy Hill’’), Ares
Capital CP Funding LLC, Ares Capital JB
Funding LLC, A.C. Corporation, ACE
Equity Holdco (Cayman) Ltd., ACE II
Master Fund L.P., ACE III Acquisition
L.P., ACE III Master L.P., ACF Finco I
LP, ACF Gateway LLC, ACOF
Investment Management LLC, ACOF
Operating Manager III, LLC, ACOF
Operating Manager IV, LLC, ACRC
Lender C LLC, ACRC Lender LLC, ACRC
Lender W LLC, AELIS IR Participation
LLC, AELIS X Management, L.P., AEPEP
II Investment S.A.R.L., AEPEP II Master
S.A.R.L., AEPEP II N Strategic
Investments, L.P., AF III Cayman AIV,
L.P., AF III US BD Holdings L.P., AF IV
BD Holdings (offshore) Ltd., AF IV US
BD Holdings II, L.P., AF IV US BD
Holdings III, L.P., AF IV US BD
Holdings IV, L.P., AF IV US BD
Holdings V, L.P., AF IV US BD
Holdings, L.P., Apollo European Real
Estate III (EU) Cooperatief U.A., Apollo
European Real Estate III Cooperatief
U.A., APSecurities LLC, APSecurities
Manager LP, AREG AC Makena
Holdings LLC, AREG US Fund VIII
Blocker LLC, AREG US Fund VIII
Holdings LLC, AREG US Fund VIII REIT
LLC, Ares ASIP Holdings Cayman, L.P.,
Ares Cactus Operating Manager, L.P.,
Ares Cactus Private Asset Backed Fund,
L.P., Ares Capital Europe (Luxembourg)
S.A.R.L., Ares Capital Europe II Assets
S.A.R.L., Ares Capital Europe II
Holdings S.A.R.L., Ares Capital Europe
II Investments S.A.R.L., Ares Capital
Europe III Holdings S.A.R.L., Ares
Capital Europe III Investments S.A.R.L.,
Ares Capital Europe Limited, Ares
Capital Europe, L.P., Ares Capital
E:\FR\FM\28DEN1.SGM
28DEN1
]]>Agencies
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Notices]
[Pages 95679-95680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31306]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-79645; File Nos. SR-NYSEMKT-2016-52 and SR-NYSEArca
2016-103]
Self-Regulatory Organizations; NYSE MKT LLC; NYSE Arca, Inc.;
Notice of Designation of a Longer Period for Commission Action on
Proceedings To Determine Whether To Approve or Disapprove Proposed Rule
Changes To Extend the Time Within Which a Member, Member Organization,
an ATP Holder, an OTP Holder, or an OTP Firm Must File a Uniform
Termination Notice for Securities Industry Registration (``Form U5'')
and Any Amendments Thereto
December 21, 2016.
On June 16, 2016, NYSE MKT LLC (``NYSE MKT'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) \1\ of the Securities Exchange Act of 1934 (``Act'')
\2\ and Rule 19b-4 thereunder,\3\ a proposed rule change to extend the
time within which a member or member organization, or an Amex Trading
Permit Holder (``ATP Holder'') must file a Form U5, or any amendments
thereto. The proposed rule change was published for comment in
[[Page 95680]]
the Federal Register on July 7, 2016.\4\ On July 14, 2016, NYSE Arca,
Inc. (``NYSE Arca'') (NYSE MKT and NYSE Arca, each an ``Exchange'')
filed with the Commission, pursuant to Section 19(b)(1) \5\ of the Act
and Rule 19b-4 thereunder,\6\ a proposed rule change to extend the time
within which an Options Trading Permit Holder (``OTP Holder'') or
Options Trading Permit Firm (``OTP Firm'') must file a Form U5, or any
amendments thereto. The proposed rule change was published for comment
in the Federal Register on July 27, 2016.\7\ The Commission received
one comment letter regarding the proposals.\8\ The New York Stock
Exchange LLC (``NYSE''), on behalf of the Exchanges, responded to the
comment on August 12, 2016.\9\ On August 17, 2016 \10\ and September 1,
2016,\11\ the Commission designated a longer period for Commission
action on the respective proposed rule changes. On October 3, 2016, the
Commission received another comment regarding the proposals.\12\ On
October 5, 2016, the Commission instituted proceedings under Section
19(b)(2)(B) of the Act \13\ to determine whether to approve or
disapprove the proposed rule changes.\14\ The Commission received four
additional comment letters regarding the proposals.\15\ NYSE, on behalf
of the Exchanges, responded to the OIA Letter on October 25, 2016.\16\
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
\4\ See Securities Exchange Act Release No. 78198 (June 30,
2016), 81 FR 44363.
\5\ 15 U.S.C. 78s(b)(1).
\6\ 17 CFR 240.19b-4.
\7\ See Securities Exchange Act Release No. 78381 (July 21,
2016), 81 FR 49286.
\8\ See letter from Judith Shaw, President, North American
Securities Administrators Association, Inc. (``NASAA''), dated
August 3, 2016, to Brent J. Fields, Secretary, Securities and
Exchange Commission (``NASAA Letter''). While the NASAA Letter
addresses issues associated with the NYSE MKT proposal, the
Commission believes that the concerns raised by NASAA are equally
applicable to the two proposals addressed in this Notice.
\9\ See letter from Elizabeth K. King, General Counsel and
Corporate Secretary, NYSE, dated August 12, 2016, to Brent J.
Fields, Secretary, Commission.
\10\ See Securities Exchange Act Release No. 78598, 81 FR 57642
(August 23, 2016).
\11\ See Securities Exchange Act Release No. 78755, 81 FR 62912
(September 8, 2016).
\12\ See letter from Rick A. Fleming, Investor Advocate, and
Tracey L. McNeil, Ombudsman, Office of the Investor Advocate,
Commission, dated October 3, 2016, to Brent J. Fields, Secretary,
Commission (``OIA Letter'').
\13\ 15 U.S.C. 78s(b)(2)(B).
\14\ See Securities Exchange Act Release No. 79055, 81 FR 70460
(October 12, 2016).
\15\ See letters from Kevin Zambrowicz, Associate General
Counsel, Securities Industry and Financial Markets Association,
dated October 19, 2016; Michele Van Tassel, President, Association
of Registration Management, November 4, 2016; Edwin L. Reed, Deputy
Director, Alabama Securities Commission, dated November 14, 2016;
and Mike Rothman, President, NASAA, dated November 16, 2016 (``NASAA
Letter 2''), to Brent J. Fields, Secretary, Commission. While the
NASAA Letter 2 addresses issues associated with the NYSEMKT
proposal, the Commission believes that the concerns raised by NASAA
are equally applicable to the two proposals addressed in this
Notice.
\16\ See letter from Elizabeth K. King, General Counsel and
Corporate Secretary, NYSE, dated October 26, 2016, to Brent J.
Fields, Secretary, Commission.
---------------------------------------------------------------------------
Section 19(b)(2) of the Act \17\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of filing of the proposed rule
change. The Commission may extend the period for issuing an order
approving or disapproving the proposed rule change, however, by not
more than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. For
proposed rule change SR-NYSEMKT-2016-52, January 3, 2017 and March 4,
2017 are 180 days and 240 days, respectively, from July 7, 2016, the
date that the proposed rule change was published for notice and comment
in the Federal Register. For proposed rule change SR-NYSEArca 2016-103,
January 23, 2017, and March 24, 2017, are 180 days and 240 days,
respectively from July 27, 2016, the date that the proposed rule change
was published for comment in the Federal Register.
---------------------------------------------------------------------------
\17\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------
The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule changes so that it has sufficient time to consider the proposed
rule changes and the comments received.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act \18\ designates, for SR-NYSEMKT-2016-52 and SR-NYSEArca-2106-103,
March 4, 2017 and March 24, 2017, respectively, as the dates by which
the Commission shall either approve or disapprove the proposed rule
changes.
---------------------------------------------------------------------------
\18\ Id.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------
\19\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-31306 Filed 12-27-16; 8:45 am]
BILLING CODE 8011-01-P
