81 FR 36966 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Designation of Longer Period for Commission Action on a Proposed Rule Change, as Modified by Amendment No. 1, To Establish Certain End User Fees, Amend the Definition of Affiliate, and Amend the Co-Location Section of the Fee Schedule To Reflect the Changes

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 110 (June 8, 2016)

Page Range		36966-36967
FR Document		2016-13476

Federal Register, Volume 81 Issue 110 (Wednesday, June 8, 2016)

[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36966-36967]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13476]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77978; File No. SR-NYSEMKT-2016-15]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of 
Designation of Longer Period for Commission Action on a Proposed Rule 
Change, as Modified by Amendment No. 1, To Establish Certain End User 
Fees, Amend the Definition of Affiliate, and Amend the Co-Location 
Section of the Fee Schedule To Reflect the Changes

June 2, 2016.
    On April 4, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE MKT'') 
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 
establish fees relating to certain end users, amend the definition of 
Affiliate, and amend the co-location section of the Fee Schedule to 
reflect the changes. The Commission published the proposed rule change 
for comment in the Federal Register on April 22, 2016.\3\ On April 29, 
2016, the Exchange filed Amendment No. 1 to the proposed rule 
change.\4\ The Commission received no comments on the proposed rule 
change.\5\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 34-77640 (April 18, 
2016), 81 FR 23780 (``Notice'').
    \4\ Amendment No. 1 made technical changes relating to the 
General Notes numbering and references in the Co-location section of 
the Fee Schedule.
    \5\ The Commission notes that it did receive two comment letters 
on a related filing, NYSE-2016-11, which are equally relevant to 
this filing.
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    Section 19(b)(2) of the Act \6\ provides that, within 45 days of 
the publication of the notice of the filing of a proposed rule change, 
or within such longer period up to 90 days as the Commission may 
designate if it finds such longer period to be appropriate and 
publishes its reasons for so finding or as to which the self-regulatory 
organization consents, the Commission shall approve the proposed rule 
change, disapprove the proposed rule change, or institute proceedings 
to determine whether the

[[Page 36967]]

proposed rule change should be disapproved. The Commission is extending 
this 45-day time period.
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    \6\ 15 U.S.C. 78s(b)(2).
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    The Commission finds that it is appropriate to designate a longer 
period within which to take action on the proposed rule change so that 
it has sufficient time to consider the proposed rule change. 
Accordingly, the Commission, pursuant to Section 19(b)(2) of the 
Act,\7\ designates July 21, 2016, as the date by which the Commission 
should approve, disapprove, or institute proceedings to determine 
whether to disapprove the proposed rule change (File No. SR-NYSEMKT-
2016-15), as modified by Amendment No. 1.
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    \7\ Id.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-13476 Filed 6-7-16; 8:45 am]
 BILLING CODE 8011-01-P

36966 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices

function. It is intended to foster IV. Solicitation of Comments For the Commission, by the Division of
cooperation and coordination with Trading and Markets, pursuant to delegated
persons engaged in facilitating Interested persons are invited to authority.7
transactions in securities by accurately submit written data, views, and Brent J. Fields,
informing Members and the investing arguments concerning the foregoing, Secretary.
public of the Exchange’s arrangements including whether the proposed rule [FR Doc. 2016–13483 Filed 6–7–16; 8:45 am]
that satisfy its regulatory obligations change is consistent with the Act. BILLING CODE 8011–01–P
under the Act. It is in the public interest Comments may be submitted by any of
for rules to be accurate and concise so the following methods:
as to eliminate the potential for SECURITIES AND EXCHANGE
Electronic Comments COMMISSION
confusion.
B. Self-Regulatory Organization’s • Use the Commission’s Internet [Release No. 34–77978; File No. SR–
Statement on Burden on Competition comment form (http://www.sec.gov/ NYSEMKT–2016–15]
rules/sro.shtml); or
The Exchange does not believe that Self-Regulatory Organizations; NYSE
• Send an email to rule-comments@ MKT LLC; Notice of Designation of
the proposed rule change will impose
any burden on competition that is not sec.gov. Please include File Number SR– Longer Period for Commission Action
necessary or appropriate in furtherance MIAX–2016–15 on the subject line. on a Proposed Rule Change, as
of the purposes of the Act. The Modified by Amendment No. 1, To
Paper Comments
proposed rule change is not designed to Establish Certain End User Fees,
address any competitive issues but • Send paper comments in triplicate Amend the Definition of Affiliate, and
rather is designed to clarify the current to Secretary, Securities and Exchange Amend the Co-Location Section of the
rule and eliminate the potential for Commission, 100 F Street NE., Fee Schedule To Reflect the Changes
confusion. Washington, DC 20549–1090. June 2, 2016.
C. Self-Regulatory Organization’s All submissions should refer to File On April 4, 2016, NYSE MKT LLC
Statement on Comments on the Number SR–MIAX–2016–15. This file (the ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed
Proposed Rule Change Received From number should be included on the with the Securities and Exchange
Members, Participants, or Others subject line if email is used. To help the Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Written comments were neither Commission process and review your
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
solicited nor received. comments more efficiently, please use
19b–4 thereunder,2 a proposed rule
only one method. The Commission will change to establish fees relating to
III. Date of Effectiveness of the post all comments on the Commission’s
Proposed Rule Change and Timing for certain end users, amend the definition
Internet Web site (http://www.sec.gov/ of Affiliate, and amend the co-location
Commission Action rules/sro.shtml). Copies of the section of the Fee Schedule to reflect the
Because the foregoing proposed rule submission, all subsequent changes. The Commission published the
change does not: (i) Significantly affect amendments, all written statements proposed rule change for comment in
the protection of investors or the public with respect to the proposed rule the Federal Register on April 22, 2016.3
interest; (ii) impose any significant change that are filed with the On April 29, 2016, the Exchange filed
burden on competition; and (iii) become Commission, and all written Amendment No. 1 to the proposed rule
operative for 30 days after the date of communications relating to the change.4 The Commission received no
the filing, or such shorter time as the proposed rule change between the comments on the proposed rule
Commission may designate, it has Commission and any person, other than change.5
become effective pursuant to 19(b)(3)(A) those that may be withheld from the Section 19(b)(2) of the Act 6 provides
of the Act 5 and Rule 19b–4(f)(6) 6 public in accordance with the that, within 45 days of the publication
thereunder. provisions of 5 U.S.C. 552, will be of the notice of the filing of a proposed
available for Web site viewing and rule change, or within such longer
At any time within 60 days of the
period up to 90 days as the Commission
filing of the proposed rule change, the printing in the Commission’s Public
may designate if it finds such longer
Commission summarily may Reference Room, 100 F Street NE.,
period to be appropriate and publishes
temporarily suspend such rule change if Washington, DC 20549 on official its reasons for so finding or as to which
it appears to the Commission that such business days between the hours of the self-regulatory organization
action is necessary or appropriate in the 10:00 a.m. and 3:00 p.m. Copies of such consents, the Commission shall approve
public interest, for the protection of filing also will be available for the proposed rule change, disapprove
investors, or otherwise in furtherance of inspection and copying at the principal the proposed rule change, or institute
the purposes of the Act. If the office of the Exchange. All comments proceedings to determine whether the
Commission takes such action, the received will be posted without change;
Commission shall institute proceedings the Commission does not edit personal 7 17 CFR 200.30–3(a)(12).
to determine whether the proposed rule identifying information from 1 15 U.S.C. 78s(b)(1).
should be approved or disapproved. submissions. You should submit only 2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 34–
information that you wish to make
mstockstill on DSK3G9T082PROD with NOTICES

5 15 U.S.C. 78s(b)(3)(A). 77640 (April 18, 2016), 81 FR 23780 (‘‘Notice’’).
6 17
available publicly. All submissions 4 Amendment No. 1 made technical changes
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give should refer to File Number SR–MIAX– relating to the General Notes numbering and
the Commission written notice of its intent to file 2016–15, and should be submitted on or references in the Co-location section of the Fee
the proposed rule change at least five business days Schedule.
before June 29, 2016. 5 The Commission notes that it did receive two
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the comment letters on a related filing, NYSE–2016–11,
Commission. The Exchange has satisfied this which are equally relevant to this filing.
requirement. 6 15 U.S.C. 78s(b)(2).

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Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices 36967

proposed rule change should be comments on the proposed rule Summary of Application: Applicants
disapproved. The Commission is change.5 request an order to permit certain
extending this 45-day time period. Section 19(b)(2) of the Act 6 provides business development companies
The Commission finds that it is that, within 45 days of the publication (‘‘BDC’’) and closed-end management
appropriate to designate a longer period of the notice of the filing of a proposed investment companies to co-invest in
within which to take action on the rule change, or within such longer portfolio companies with each other and
proposed rule change so that it has period up to 90 days as the Commission with affiliated investment funds.
sufficient time to consider the proposed may designate if it finds such longer Applicants: Carey Credit Income
rule change. Accordingly, the period to be appropriate and publishes Fund (the ‘‘Fund’’); Carey Credit
Commission, pursuant to Section its reasons for so finding or as to which Advisors, LLC (‘‘W.P. Carey’’);
19(b)(2) of the Act,7 designates July 21, the self-regulatory organization Guggenheim Partners Investment
2016, as the date by which the consents, the Commission shall approve Management, LLC (‘‘Guggenheim’’);
Commission should approve, the proposed rule change, disapprove Guggenheim Funds Distributors, LLC,
disapprove, or institute proceedings to the proposed rule change, or institute Guggenheim Funds Investment
determine whether to disapprove the proceedings to determine whether the Advisors, LLC, Security Investors, LLC
proposed rule change (File No. SR– proposed rule change should be (collectively, together with Guggenheim,
NYSEMKT–2016–15), as modified by disapproved. The Commission is the ‘‘Existing Guggenheim Advisers’’);
Amendment No. 1. extending this 45-day time period. Guggenheim European Credit Fund,
The Commission finds that it is Guggenheim Private Debt Fund Note
For the Commission, by the Division of appropriate to designate a longer period
Trading and Markets, pursuant to delegated Issuer, LLC, Guggenheim Private Debt
authority.8
within which to take action on the Fund, LLC, Guggenheim Private Debt
proposed rule change so that it has Fund, Ltd., Guggenheim Private Debt
Brent J. Fields,
sufficient time to consider the proposed Master Fund, LLC, Guggenheim Private
Secretary. rule change. Accordingly, the
[FR Doc. 2016–13476 Filed 6–7–16; 8:45 am] Debt Fund Note Issuer 2.0, LLC,
Commission, pursuant to Section Guggenheim Private Debt Fund 2.0,
BILLING CODE 8011–01–P 19(b)(2) of the Act,7 designates July 21,
LLC, Guggenheim Private Debt Fund
2016, as the date by which the
2.0, Ltd., Guggenheim Private Debt
Commission should approve,
SECURITIES AND EXCHANGE Master Fund 2.0, LLC, NZC Guggenheim
disapprove, or institute proceedings to
COMMISSION Fund LLC, NZC Guggenheim Fund
determine whether to disapprove the
Limited, NZC Guggenheim Master Fund
[Release No. 34–77977; File No. SR– proposed rule change (File No. SR–
Limited, NZCG Funding Ltd., NZCG
NYSEArca–2016–19] NYSEArca–2016–19), as modified by
Funding 2 Limited, South Dock Funding
Amendment No. 1.
Self-Regulatory Organizations; NYSE Limited, NZCG Feeder I, L.P., NZCG
For the Commission, by the Division of Funding 2, LLC, NZCG Funding LLC,
Arca, Inc.; Notice of Designation of Trading and Markets, pursuant to delegated
Longer Period for Commission Action Guggenheim U.S. Loan Fund,
authority.8
on a Proposed Rule Change, as Guggenheim U.S. Loan Fund II,
Brent J. Fields, Guggenheim U.S. Loan Fund III,
Modified by Amendment No. 1, To Secretary.
Establish Certain End User Fees, Guggenheim Opportunistic U.S. Loan
[FR Doc. 2016–13475 Filed 6–7–16; 8:45 am] and Bond Fund IV, Guggenheim Loan
Amend the Definition of Affiliate, and
Amend the Co-Location Section of the
BILLING CODE 8011–01–P and Bond Fund V, Guggenheim Loan
Fee Schedule To Reflect the Changes and Bond Fund VI, GFI Fund, and GHY
Fund (collectively, the ‘‘Existing
June 2, 2016. SECURITIES AND EXCHANGE Affiliated Investors’’).
On April 4, 2016, NYSE Arca, Inc. COMMISSION Filing Dates: The application was
(the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed [Release No. IC–32138; File No. 812–14426] filed on February 23, 2015, and
with the Securities and Exchange amended on June 12, 2015, October 20,
Commission (‘‘Commission’’), pursuant Carey Credit Income Fund, et al.; 2015, February 25, 2016 and April 29,
to Section 19(b)(1) of the Securities Notice of Application 2016.
Exchange Act of 1934 (‘‘Act’’) 1 and Rule June 2, 2016.
Hearing or Notification of Hearing: An
19b–4 thereunder,2 a proposed rule AGENCY: Securities and Exchange order granting the requested relief will
change to establish fees relating to Commission (‘‘Commission’’). be issued unless the Commission orders
certain end users, amend the definition a hearing. Interested persons may
ACTION: Notice of application for an
of Affiliate, and amend the co-location request a hearing by writing to the
order under sections 17(d) and 57(i) of
section of the Fee Schedule to reflect the Commission’s Secretary and serving
the Investment Company Act of 1940
changes. The Commission published the applicants with a copy of the request,
(the ‘‘Act’’) and rule 17d–1 under the
proposed rule change for comment in personally or by mail. Hearing requests
Act to permit certain joint transactions
the Federal Register on April 22, 2016.3 should be received by the Commission
otherwise prohibited by sections 17(d)
On April 29, 2016, the Exchange filed by 5:30 p.m. on June 27, 2016, and
and 57(a)(4) of the Act and rule 17d–1
Amendment No. 1 to the proposed rule should be accompanied by proof of
under the Act.
change.4 The Commission received no service on applicants, in the form of an
affidavit or, for lawyers, a certificate of
mstockstill on DSK3G9T082PROD with NOTICES

7 Id.
references in the Co-location section of the Fee service. Pursuant to rule 0–5 under the
8 17 CFR 200.30–3(a)(12). Schedule. Act, hearing requests should state the
1 15 U.S.C. 78s(b)(1). 5 The Commission notes that it did receive two
nature of the writer’s interest, any facts
2 17 CFR 240.19b–4. comment letters on a related filing, NYSE–2016–11,
3 See Securities Exchange Act Release No. 34– which are equally relevant to this filing. bearing upon the desirability of a
77641 (April 18, 2016), 81 FR 23773 (‘‘Notice’’). 6 15 U.S.C. 78s(b)(2). hearing on the matter, the reason for the
4 Amendment No. 1 made technical changes 7 Id. request, and the issues contested.
relating to the General Notes numbering and 8 17 CFR 200.30–3(a)(12). Persons who wish to be notified of a

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Document Created: 2016-06-08 03:10:36
Document Modified: 2016-06-08 03:10:36

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 36966