81_FR_51671 81 FR 51521 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change Amending NYSE Rule 6A To Exclude the Physical Area Within Fully Enclosed Telephone Booths Located in 18 Broad Street From the Definition of Trading Floor

81 FR 51521 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change Amending NYSE Rule 6A To Exclude the Physical Area Within Fully Enclosed Telephone Booths Located in 18 Broad Street From the Definition of Trading Floor

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 150 (August 4, 2016)

Page Range51521-51522
FR Document2016-18469

Federal Register, Volume 81 Issue 150 (Thursday, August 4, 2016)
[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Notices]
[Pages 51521-51522]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18469]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78442; File No. SR-NYSE-2016-31]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Designation of a Longer Period for Commission Action on a 
Proposed Rule Change Amending NYSE Rule 6A To Exclude the Physical Area 
Within Fully Enclosed Telephone Booths Located in 18 Broad Street From 
the Definition of Trading Floor

July 29, 2016.
    On May 31, 2016, New York Stock Exchange LLC (``NYSE'' or the 
``Exchange'') 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 NYSE Rule 6A (``Trading Floor'') to 
exclude an area within fully enclosed telephone booths located in 18 
Broad Street from the definition of Trading Floor. The proposed rule 
change was published for comment in the Federal Register on June 17, 
2016.\3\ No comments have been received on the proposed rule change.
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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. 78057 (June 13, 
2016), 81 FR 39722 (June 17, 2016).
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the 
publication of notice of the filing of a proposed rule

[[Page 51522]]

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 either approve the proposed 
rule change, disapprove the proposed rule change, or institute 
proceedings to determine whether the proposed rule change should be 
disapproved. The 45th day after publication of the notice for this 
proposed rule change is August 1, 2016. The Commission is extending 
this 45-day time period for Commission action on the proposed rule 
change.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission finds it appropriate to designate a longer period 
within which to take action on the proposed rule change so that it has 
sufficient time to consider this proposed rule change. Accordingly, the 
Commission, pursuant to section 19(b)(2) of the Act,\5\ and for the 
reason noted above, designates September 15, 2016 as the date by which 
the Commission shall either approve or disapprove, or institute 
proceedings to determine whether to disapprove, the proposed rule 
change (File No. SR-NYSE-2016-31).
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    \5\ 15 U.S.C. 78s(b)(2).
    \6\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-18469 Filed 8-3-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices                                                    51521

                                                involved in trading the Shares during                    futures contracts; and exchange-traded                  Exchange on an initial and continuing
                                                the Pre-Market and Post-Market                           options on interest rate swap                           basis.
                                                Sessions when an updated Intraday                        agreements) (in the aggregate) will be                    For the foregoing reasons, the
                                                Indicative Value will not be calculated                  invested in instruments that trade in                   Commission finds that the proposed
                                                or publicly disseminated; (e) the                        markets that are members of ISG or are                  rule change is consistent with Section
                                                requirement that members deliver a                       parties to a comprehensive surveillance                 6(b)(5) of the Act 40 and the rules and
                                                prospectus to investors purchasing                       sharing agreement with the Exchange.                    regulations thereunder applicable to a
                                                newly issued Shares prior to or                             (13) All of the Fund’s net assets that               national securities exchange.
                                                concurrently with the confirmation of a                  are invested in exchange-traded equity
                                                transaction; and (f) trading information.                                                                        IV. Conclusion
                                                                                                         securities (including mortgage REITs
                                                   (6) For initial and continued listing,                (both common and preferred shares);                        It is therefore ordered, pursuant to
                                                the Fund must be in compliance with                      ETFs; and exchange-traded Real Estate                   Section 19(b)(2) of the Exchange Act,41
                                                Rule 10A–3 under the Act.38                              Companies) (in the aggregate) will be                   that the proposed rule change (SR–
                                                   (7) The Fund’s investments in                         invested in securities that trade in                    NASDAQ–2016–064) be, and it hereby
                                                derivative instruments will be                           markets that are members of ISG or are                  is, approved.
                                                consistent with the Fund’s investment                    parties to a comprehensive surveillance                   For the Commission, by the Division of
                                                objective and the 1940 Act and will not                  sharing agreement with the Exchange.                    Trading and Markets, pursuant to delegated
                                                be used to seek to achieve a multiple or                    (14) A minimum of 100,000 Shares                     authority.42
                                                inverse multiple of an index, and the                    will be outstanding at the                              Robert W. Errett,
                                                Fund will only enter into transactions in                commencement of trading on the                          Deputy Secretary.
                                                OTC derivatives (including OTC options                   Exchange.                                               [FR Doc. 2016–18470 Filed 8–3–16; 8:45 am]
                                                on mortgage REITs, Real Estate
                                                                                                         The Exchange represents that all                        BILLING CODE 8011–01–P
                                                Companies and mortgage TBA
                                                                                                         statements and representations made in
                                                transactions; OTC interest rate swap
                                                                                                         this filing regarding (a) the description
                                                agreements; and OTC options on
                                                                                                         of the portfolio, (b) limitations on                    SECURITIES AND EXCHANGE
                                                interest rate swap agreements) with
                                                                                                         portfolio holdings or reference assets, or              COMMISSION
                                                counterparties that the Adviser
                                                                                                         (c) the applicability of Exchange rules
                                                reasonably believes are capable of                                                                               [Release No. 34–78442; File No. SR–NYSE–
                                                                                                         and surveillance procedures shall                       2016–31]
                                                performing under the applicable
                                                                                                         constitute continued listing
                                                contract or agreement.
                                                   (8) The Fund may invest (but only, in                 requirements for listing the Shares on                  Self-Regulatory Organizations; New
                                                the aggregate, up to 10% of its net                      the Exchange. In addition, the issuer has               York Stock Exchange LLC; Notice of
                                                assets) in the securities of money market                represented to the Exchange that it will                Designation of a Longer Period for
                                                funds and other ETFs that, in each case,                 advise the Exchange of any failure by                   Commission Action on a Proposed
                                                will be investment companies registered                  the Fund to comply with the continued                   Rule Change Amending NYSE Rule 6A
                                                under the 1940 Act, and ETFs included                    listing requirements, and, pursuant to                  To Exclude the Physical Area Within
                                                in the Fund will be listed and traded in                 its obligations under Section 19(g)(1) of               Fully Enclosed Telephone Booths
                                                the U.S. on registered exchanges.                        the Act, the Exchange will monitor for                  Located in 18 Broad Street From the
                                                   (9) The Fund will not invest in                       compliance with the continued listing                   Definition of Trading Floor
                                                leveraged or inverse leveraged (e.g., 2X                 requirements.39 If the Fund is not in
                                                                                                         compliance with the applicable listing                  July 29, 2016.
                                                or ¥3X) ETFs.
                                                   (10) The Fund will not engage in short                requirements, the Exchange will                            On May 31, 2016, New York Stock
                                                sales with respect to more than 30% of                   commence delisting procedures under                     Exchange LLC (‘‘NYSE’’ or the
                                                the value of its net assets. To the extent               the Nasdaq 5800 Series.                                 ‘‘Exchange’’) filed with the Securities
                                                required under applicable federal                           This approval order is based on all of               and Exchange Commission
                                                securities laws, rules, and                              the Exchange’s representations,                         (‘‘Commission’’), pursuant to section
                                                interpretations thereof, the Fund will                   including those set forth above and in                  19(b)(1) of the Securities Exchange Act
                                                ‘‘set aside’’ liquid assets or engage in                 the Notice. The Commission notes that                   of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                other measures to ‘‘cover’’ open                         the Fund and the Shares must comply                     thereunder,2 a proposed rule change to
                                                positions and short positions held in                    with the requirements of Nasdaq Rule                    amend NYSE Rule 6A (‘‘Trading Floor’’)
                                                connection with the foregoing types of                   5735 to be listed and traded on the                     to exclude an area within fully enclosed
                                                transactions.                                                                                                    telephone booths located in 18 Broad
                                                   (11) The Fund may hold up to an                          39 The Commission notes that certain other           Street from the definition of Trading
                                                aggregate amount of 15% of its net                       proposals for the listing and trading of Managed        Floor. The proposed rule change was
                                                                                                         Fund Shares include a representation that the           published for comment in the Federal
                                                assets in illiquid assets (calculated at                 exchange will ‘‘surveil’’ for compliance with the
                                                the time of investment), including                       continued listing requirements. See, e.g., Securities   Register on June 17, 2016.3 No
                                                securities deemed illiquid by the                        Exchange Act Release No. 77499 (April 1, 2016), 81      comments have been received on the
                                                Adviser.                                                 FR 20428 (April 7, 2016) (Notice of Filing of           proposed rule change.
                                                                                                         Amendment No. 2, and Order Granting Accelerated            Section 19(b)(2) of the Act 4 provides
                                                   (12) At least 90% of the Fund’s net                   Approval of a Proposed Rule Change, as Modified
                                                assets that are invested in exchange-                    by Amendment No. 2, to List and Trade Shares of         that within 45 days of the publication of
                                                traded derivatives (including exchange-                  the SPDR DoubleLine Short Duration Total Return         notice of the filing of a proposed rule
                                                                                                         Tactical ETF of the SSgA Active Trust), available
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                                                traded options on mortgage REITs and
                                                                                                         at: http://www.sec.gov/rules/sro/bats/2016/34-            40 15  U.S.C. 78f(b)(5).
                                                Real Estate Companies; exchange-traded                   77499.pdf. In the context of this representation, it      41 15  U.S.C. 78s(b)(2).
                                                U.S. Treasury and Eurodollar futures                     is the Commission’s view that ‘‘monitor’’ and              42 17 CFR 200.30–3(a)(12).
                                                contracts; exchange-traded interest rate                 ‘‘surveil’’ both mean ongoing oversight of the             1 15 U.S.C. 78s(b)(1).
                                                swap agreements; exchange-traded                         Fund’s compliance with the continued listing
                                                                                                                                                                    2 17 CFR 240.19b–4.
                                                                                                         requirements. Therefore, the Commission does not
                                                options on U.S. Treasury and Eurodollar                  view ‘‘monitor’’ as a more or less stringent               3 See Securities Exchange Act Release No. 78057

                                                                                                         obligation than ‘‘surveil’’ with respect to the         (June 13, 2016), 81 FR 39722 (June 17, 2016).
                                                  38 See   17 CFR 240.10A–3.                             continued listing requirements.                            4 15 U.S.C. 78s(b)(2).




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                                                51522                           Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices

                                                change, or within such longer period up                   serving the relevant applicant with a                 transferred its assets to UBS Total
                                                to 90 days as the Commission may                          copy of the request, personally or by                 Return Bond Fund and, on May 23,
                                                designate if it finds such longer period                  mail. Hearing requests should be                      2016, made a final distribution to its
                                                to be appropriate and publishes its                       received by the SEC by 5:30 p.m. on                   shareholders based on net asset value.
                                                reasons for so finding or as to which the                 August 23, 2016, and should be                        Expenses of $430,602.97 incurred in
                                                self-regulatory organization consents,                    accompanied by proof of service on                    connection with the reorganization were
                                                the Commission shall either approve the                   applicants, in the form of an affidavit or,           paid by the applicant.
                                                proposed rule change, disapprove the                      for lawyers, a certificate of service.                   Filing Dates: The application was
                                                proposed rule change, or institute                        Pursuant to Rule 0–5 under the Act,                   filed on June 30, 2016 and amended on
                                                proceedings to determine whether the                      hearing requests should state the nature              July 22, 2016.
                                                proposed rule change should be                            of the writer’s interest, any facts bearing              Applicant’s Address: One North
                                                disapproved. The 45th day after                           upon the desirability of a hearing on the             Wacker Drive, Chicago, Illinois 60606.
                                                publication of the notice for this                        matter, the reason for the request, and               American Real Estate Income Fund
                                                proposed rule change is August 1, 2016.                   the issues contested. Persons who wish
                                                The Commission is extending this 45-                      to be notified of a hearing may request               [File No. 811–22599]
                                                day time period for Commission action                     notification by writing to the                           Summary: Applicant, a closed-end
                                                on the proposed rule change.                              Commission’s Secretary.                               investment company, seeks an order
                                                  The Commission finds it appropriate                     ADDRESSES: The Commission: Secretary,
                                                                                                                                                                declaring that it has ceased to be an
                                                to designate a longer period within                       U.S. Securities and Exchange                          investment company. On March 22,
                                                which to take action on the proposed                      Commission, 100 F Street NE.,                         2016 and March 30, 2016, applicant
                                                rule change so that it has sufficient time                                                                      made liquidating distributions to its
                                                                                                          Washington, DC 20549–1090.
                                                to consider this proposed rule change.                                                                          shareholders, based on net asset value.
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                Accordingly, the Commission, pursuant                                                                           In-kind share distributions, which
                                                                                                          Jessica Shin, Attorney-Adviser, at (202)              required re-registrations of shares in
                                                to section 19(b)(2) of the Act,5 and for                  551–5921 or Chief Counsel’s Office at
                                                the reason noted above, designates                                                                              order to complete the distributions,
                                                                                                          (202) 551–6821; SEC, Division of                      were effected on various dates between
                                                September 15, 2016 as the date by                         Investment Management, Chief
                                                which the Commission shall either                                                                               March 30, 2016 and June 30, 2016.
                                                                                                          Counsel’s Office, 100 F Street NE.,                   Expenses of $132,000 incurred in
                                                approve or disapprove, or institute                       Washington, DC 20549–8010.
                                                proceedings to determine whether to                                                                             connection with the liquidation were
                                                disapprove, the proposed rule change                      American Republic Variable Annuity                    paid by the applicant and applicant’s
                                                (File No. SR–NYSE–2016–31).                               Account                                               investment adviser.
                                                                                                                                                                   Filing Dates: The application was
                                                  For the Commission, by the Division of                  [File No. 811–04921]                                  filed on March 31, 2016 and June 30,
                                                Trading and Markets, pursuant to delegated                   Summary: Applicant, a unit                         2016.
                                                authority.6                                               investment trust, seeks an order                         Applicant’s Address: 405 Park
                                                Robert W. Errett,                                         declaring that it has ceased to be an                 Avenue, 14th Floor, New York, New
                                                Deputy Secretary.                                         investment company. Applicant will                    York 10022.
                                                [FR Doc. 2016–18469 Filed 8–3–16; 8:45 am]                continue to operate as a private
                                                                                                          investment fund in reliance on section                Capital Southwest Venture Corporation
                                                BILLING CODE 8011–01–P
                                                                                                          3(c)(1) of the Act.                                   [File No. 811–01947]
                                                                                                             Filing Dates: The application was                     Summary: Applicant, a closed-end
                                                SECURITIES AND EXCHANGE                                   filed on June 29, 2016 and amended on                 investment company, seeks an order
                                                COMMISSION                                                July 12, 2016.                                        declaring that it has ceased to be an
                                                                                                             Applicant’s Address: 601 6th Avenue,               investment company. On June 14, 2016,
                                                [Release No. IC–32198]                                    Des Moines, Iowa 50309.                               June 30, 2016, and July 8, 2016,
                                                Notice of Applications for                                Stratus Fund Inc.                                     applicant made liquidating distributions
                                                Deregistration Under Section 8(f) of the                                                                        to its shareholders. Expenses of $36,944
                                                                                                          [File No. 811–06259]                                  incurred in connection with the
                                                Investment Company Act of 1940
                                                                                                            Summary: Applicant seeks an order                   liquidation were paid by an affiliate,
                                                July 29, 2016.                                            declaring that it has ceased to be an                 Capital Southwest Corporation.
                                                  The following is a notice of                            investment company. On June 10, 2016,                    Filing Date: The application was filed
                                                applications for deregistration under                     applicant made a liquidating                          on July 12, 2016.
                                                section 8(f) of the Investment Company                    distribution to its shareholders, based                  Applicant’s Address: 5400 Lyndon B.
                                                Act of 1940 for the month of July 2016.                   on net asset value. Expenses of                       Johnson Freeway, Suite 1300, Dallas,
                                                A copy of each application may be                         $67,531.59 incurred in connection with                Texas 75240.
                                                obtained via the Commission’s Web site                    the liquidation were paid by the
                                                                                                                                                                Iowa Public Agency Investment Trust
                                                by searching for the file number, or for                  applicant.
                                                an applicant using the Company name                         Filing Date: The application was filed              [File No. 811–07696]
                                                box, at http://www.sec.gov/search/                        on June 30, 2016.                                       Summary: Applicant is a common law
                                                search.htm or by calling (202) 551–                         Applicant’s Address: 6801 S. 27th                   trust organized and operated as a
                                                8090. An order granting each                              Street, P.O. Box 82535, Lincoln,                      diversified, open-end management
                                                                                                          Nebraska 68501.
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                                                application will be issued unless the                                                                           investment company. Applicant states
                                                SEC orders a hearing. Interested persons                  Fort Dearborn Income Securities, Inc.                 that it was established under Iowa law,
                                                may request a hearing on any                                                                                    which authorizes Iowa cities, counties,
                                                application by writing to the SEC’s                       [File No. 811–02319]                                  and municipal utilities to jointly invest
                                                Secretary at the address below and                          Summary: Applicant, a closed-end                    their monies pursuant to a joint
                                                                                                          investment company, seeks an order                    investment agreement.
                                                  5 15   U.S.C. 78s(b)(2).                                declaring that it has ceased to be an                   Applicant states that in 1993 it
                                                  6 17   CFR 200.30–3(a)(31).                             investment company. The applicant has                 voluntarily registered under the Act.


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Document Created: 2016-08-04 02:52:58
Document Modified: 2016-08-04 02:52:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 51521 

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