81_FR_76076 81 FR 75865 - Self-Regulatory Organizations; The Depository Trust Company; Fixed Income Clearing Corporation; National Securities Clearing Corporation; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Changes Relating to Clearing Agency Investment Policy

81 FR 75865 - Self-Regulatory Organizations; The Depository Trust Company; Fixed Income Clearing Corporation; National Securities Clearing Corporation; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Changes Relating to Clearing Agency Investment Policy

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 211 (November 1, 2016)

Page Range75865-75865
FR Document2016-26302

Federal Register, Volume 81 Issue 211 (Tuesday, November 1, 2016)
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Page 75865]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26302]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79165; File Nos. SR-DTC-2016-007; SR-FICC-2016-005; SR-
NSCC-2016-003]


Self-Regulatory Organizations; The Depository Trust Company; 
Fixed Income Clearing Corporation; National Securities Clearing 
Corporation; Notice of Designation of a Longer Period for Commission 
Action on Proposed Rule Changes Relating to Clearing Agency Investment 
Policy

October 26, 2016.
    On August 25, 2016, The Depository Trust Company (``DTC''), Fixed 
Income Clearing Corporation (``FICC''), and National Securities 
Clearing Corporation (``NSCC'', and together with DTC and FICC, the 
``Clearing Agencies'') filed with the Securities and Exchange 
Commission (``Commission'') proposed rule changes SR-DTC-2016-007, SR-
FICC-2016-005, and SR-NSCC-2016-003 pursuant to Section 19(b)(1) of the 
Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 
thereunder,\2\ to adopt the Clearing Agency Investment Policy, which 
governs the investment of funds of the Clearing Agencies. The proposed 
rule changes were published for comment in the Federal Register on 
September 13, 2016.\3\ To date, the Commission has not received any 
comments on the proposed rule changes.
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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. 78778 (September 7, 
2016), 81 FR 62963 (September 13, 2016) (SR-DTC-2016-007; SR-FICC-
2016-005; SR-NSCC-2016-003).
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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 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 these proposed rule 
changes is October 28, 2016. The Commission is extending this 45-day 
time period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    In order to provide the Commission with sufficient time to consider 
the proposed rule changes, the Commission finds that it is appropriate 
to designate a longer period within which to take action on the 
proposed rule changes. Accordingly, the Commission, pursuant to Section 
19(b)(2) of the Act,\5\ designates December 12, 2016 as the date by 
which the Commission shall either approve, disapprove, or institute 
proceedings to determine whether to disapprove the proposed rule 
changes (File Nos. SR-DTC-2016-007; SR-FICC-2016-005; SR-NSCC-2016-
003).
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    \5\ Id.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-26302 Filed 10-31-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices                                                         75865

                                                    available publicly. All submissions                     the Commission shall either approve the                   amended (‘‘Exchange Act’’), and Rules
                                                    should refer to File Number SR–                         proposed rule change, disapprove the                      101 and 102 of Regulation M, in
                                                    NASDAQ–2016–141 and should be                           proposed rule change, or institute                        connection with secondary market
                                                    submitted on or before November 22,                     proceedings to determine whether the                      transactions in Shares and the creation
                                                    2016                                                    proposed rule change should be                            or redemption of aggregations of Shares
                                                      For the Commission, by the Division of                disapproved. The 45th day after                           of 50,000 shares (‘‘Creation Units’’).
                                                    Trading and Markets, pursuant to delegated              publication of the notice for these                          The Trust is registered with the
                                                    authority.12                                            proposed rule changes is October 28,                      Securities and Exchange Commission
                                                    Brent J. Fields,                                        2016. The Commission is extending this                    (‘‘Commission’’) under the Investment
                                                    Secretary.                                              45-day time period.                                       Company Act of 1940, as amended
                                                    [FR Doc. 2016–26301 Filed 10–31–16; 8:45 am]               In order to provide the Commission                     (‘‘1940 Act’’), as an open-end
                                                    BILLING CODE 8011–01–P
                                                                                                            with sufficient time to consider the                      management investment company. The
                                                                                                            proposed rule changes, the Commission                     Fund seeks to track the performance of
                                                                                                            finds that it is appropriate to designate                 an underlying index, the Premise
                                                    SECURITIES AND EXCHANGE                                 a longer period within which to take                      Capital Frontier Advantage Diversified
                                                    COMMISSION                                              action on the proposed rule changes.                      Tactical Index (the ‘‘Underlying
                                                                                                            Accordingly, the Commission, pursuant                     Index’’). The Underlying Index seeks to
                                                    [Release No. 34–79165; File Nos. SR–DTC–
                                                                                                            to Section 19(b)(2) of the Act,5                          provide exposure to major U.S. and non-
                                                    2016–007; SR–FICC–2016–005; SR–NSCC–
                                                    2016–003]                                               designates December 12, 2016 as the                       U.S. equity and fixed income asset
                                                                                                            date by which the Commission shall                        classes.
                                                    Self-Regulatory Organizations; The                      either approve, disapprove, or institute                     The Fund will seek to track the
                                                    Depository Trust Company; Fixed                         proceedings to determine whether to                       performance of its Underlying Index by
                                                    Income Clearing Corporation; National                   disapprove the proposed rule changes                      normally investing at least 80% of its
                                                    Securities Clearing Corporation;                        (File Nos. SR–DTC–2016–007; SR–                           total assets in the ETFs that comprise
                                                    Notice of Designation of a Longer                       FICC–2016–005; SR–NSCC–2016–003).                         the Underlying Index.1 Except for the
                                                    Period for Commission Action on                           For the Commission, by the Division of                  fact that the Fund will operate as an
                                                    Proposed Rule Changes Relating to                       Trading and Markets, pursuant to delegated                ETF of ETFs, the Fund will operate in
                                                    Clearing Agency Investment Policy                       authority.6                                               a manner identical to the underlying
                                                                                                            Brent J. Fields,                                          ETFs.
                                                    October 26, 2016.
                                                                                                            Secretary.                                                   The Requestors represent, among
                                                       On August 25, 2016, The Depository
                                                                                                            [FR Doc. 2016–26302 Filed 10–31–16; 8:45 am]              other things, the following:
                                                    Trust Company (‘‘DTC’’), Fixed Income
                                                    Clearing Corporation (‘‘FICC’’), and                    BILLING CODE 8011–01–P                                       • Shares of the Fund will be issued
                                                    National Securities Clearing Corporation                                                                          by the Trust, an open-end management
                                                    (‘‘NSCC’’, and together with DTC and                                                                              investment company that is registered
                                                    FICC, the ‘‘Clearing Agencies’’) filed                  SECURITIES AND EXCHANGE                                   with the Commission;
                                                    with the Securities and Exchange                        COMMISSION                                                   • Creation Units will be continuously
                                                    Commission (‘‘Commission’’) proposed                                                                              redeemable at the net asset value
                                                                                                            [Release No. 34–79159; File No. TP 16–14]
                                                    rule changes SR–DTC–2016–007, SR–                                                                                 (‘‘NAV’’) next determined after receipt
                                                    FICC–2016–005, and SR–NSCC–2016–                        Order Granting Limited Exemptions                         of a request for redemption by the Fund,
                                                    003 pursuant to Section 19(b)(1) of the                 From Exchange Act Rule 10b–17 and                         and the secondary market price of the
                                                    Securities Exchange Act of 1934                         Rules 101 and 102 of Regulation M to                      Shares should not vary substantially
                                                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Premise Capital Frontier Advantage                        from the NAV of such Shares;
                                                    to adopt the Clearing Agency                            Diversified Tactical ETF Pursuant to                         • Shares of the Fund will be listed
                                                    Investment Policy, which governs the                    Exchange Act Rule 10b–17(b)(2) and                        and traded on BATS Exchange, Inc., or
                                                    investment of funds of the Clearing                     Rules 101(d) and 102(e) of Regulation                     another exchange in accordance with
                                                    Agencies. The proposed rule changes                     M                                                         exchange listing standards that are, or
                                                    were published for comment in the                                                                                 will become, effective pursuant to
                                                    Federal Register on September 13,                       October 26, 2016.                                         Section 19(b) of the Exchange Act (the
                                                    2016.3 To date, the Commission has not                     By letter dated October 26, 2016 (the                  ‘‘Listing Exchange’’); 2
                                                    received any comments on the proposed                   ‘‘Letter’’), as supplemented by                              • All ETFs in which the Fund is
                                                    rule changes.                                           conversations with the staff of the                       invested will meet all conditions set
                                                       Section 19(b)(2) of the Act 4 provides               Division of Trading and Markets,                          forth in one or more class relief letters,
                                                    that, within 45 days of the publication                 counsel for ETF Series Solutions (the                     will have received individual relief from
                                                    of notice of the filing of a proposed rule              ‘‘Trust’’), on behalf of the Trust, Premise               the Commission, will be able to rely
                                                    change, or within such longer period up                 Capital Frontier Advantage Diversified                    upon individual relief even though they
                                                    to 90 days as the Commission may                        Tactical ETF (the ‘‘Fund’’), any national                 are not named parties, or will be able to
                                                    designate if it finds such longer period                securities exchange on or through which
                                                    to be appropriate and publishes its                     shares of the Fund (‘‘Shares’’) are listed                  1 The remaining 20% of the Fund’s total assets

                                                    reasons for so finding, or as to which the              and may subsequently trade, Quasar                        may be invested in securities (including other
                                                    self-regulatory organization consents,                                                                            underlying funds) not included in the Underlying
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Distributors, LLC (the ‘‘Distributor’’),
                                                                                                                                                                      Index and in cash, money market instruments, or
                                                                                                            and persons engaging in transactions in                   funds that invest exclusively in money market
                                                      12 17 CFR 200.30–3(a)(12).                            Shares (collectively, the ‘‘Requestors’’),                instruments, subject to applicable limitations under
                                                      1 15 U.S.C. 78s(b)(1).                                requested exemptions, or interpretive or                  the 1940 Act.
                                                      2 17 CFR 240.19b–4.                                                                                               2 Further, Requestors represent in the Letter that
                                                      3 See Securities Exchange Act Release No. 78778
                                                                                                            no-action relief, from Rule 10b-17 of the
                                                                                                                                                                      should the Shares also trade on a market pursuant
                                                    (September 7, 2016), 81 FR 62963 (September 13,         Securities Exchange Act of 1934, as                       to unlisted trading privileges, such trading will be
                                                    2016) (SR–DTC–2016–007; SR–FICC–2016–005;                                                                         conducted pursuant to self-regulatory organization
                                                    SR–NSCC–2016–003).                                        5 Id.
                                                                                                                                                                      rules that are, or will become, effective pursuant to
                                                      4 15 U.S.C. 78s(b)(2).                                  6 17    CFR 200.30–3(a)(31).                            Section 19(b) of the Exchange Act.



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Document Created: 2016-11-01 02:35:48
Document Modified: 2016-11-01 02:35:48
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 75865 

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