81_FR_90260 81 FR 90021 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Withdrawal of Proposed Rule Change Related to the Payment of a Credit by Execution Access, LLC Based on Volume Thresholds Met on the NASDAQ Options Market

81 FR 90021 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Withdrawal of Proposed Rule Change Related to the Payment of a Credit by Execution Access, LLC Based on Volume Thresholds Met on the NASDAQ Options Market

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 239 (December 13, 2016)

Page Range90021-90021
FR Document2016-29798

Federal Register, Volume 81 Issue 239 (Tuesday, December 13, 2016) 
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Page 90021]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29798]



[[Page 90021]]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79492; File No. SR-NASDAQ-2016-121]


Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 
Notice of Withdrawal of Proposed Rule Change Related to the Payment of 
a Credit by Execution Access, LLC Based on Volume Thresholds Met on the 
NASDAQ Options Market

December 7, 2016.
    On August 29, 2016, The Nasdaq Stock Market LLC (``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 
related to the payment of a credit by Execution Access, LLC that would 
be based on volume thresholds met on the NASDAQ Options Market LLC. The 
proposed rule change was published for comment in the Federal Register 
on September 8, 2016.\3\ On October 19, 2016, the Commission extended 
the time period within which to approve the proposed rule change, 
disapprove the proposed rule change, or institute proceedings to 
determine whether to approve or disapprove the proposed rule change to 
December 7, 2016.\4\ On November 15, 2016, the Commission instituted 
proceedings under Section 19(b)(2)(B) of the Act \5\ to determine 
whether to approve or disapprove the proposed rule change.\6\ The 
Commission received no comment letters on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 78749 (September 1, 
2016), 81 FR 62212.
    \4\ See Securities Exchange Act Release No. 79118, 81 FR 73186 
(October 24, 2016).
    \5\ 15 U.S.C. 78s(b)(2)(B).
    \6\ See Securities Exchange Act Release No. 79317, 81 FR 83301 
(November 21, 2016).
---------------------------------------------------------------------------

    On December 5, 2016, the Exchange withdrew the proposed rule change 
(SR-NASDAQ-2016-121).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-29798 Filed 12-12-16; 8:45 am]
 BILLING CODE 8011-01-P

Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices 90021 SECURITIES AND EXCHANGE SECURITIES AND EXCHANGE NE., Washington, DC 20549–1090. COMMISSION COMMISSION Applicants: David Plutzer, Esq., Goldman Sachs Asset Management L.P., [Release No. IC–32382; File No. 812–14219] [Release No. 34–79492; File No. SR– 200 West Street, 15th Floor, New York, NASDAQ–2016–121] Goldman Sachs BDC, Inc., et al.; NY 10282. Notice of Application FOR FURTHER INFORMATION CONTACT: Self-Regulatory Organizations; The Mark N. Zaruba, Senior Counsel, at Nasdaq Stock Market LLC; Notice of December 7, 2016. (202) 551–6878 or Mary Kay Frech, Withdrawal of Proposed Rule Change ACTION: Notice of application for an Branch Chief, at (202) 551–6821 (Chief Related to the Payment of a Credit by order under sections 17(d) and 57(i) of Counsel’s Office, Division of Investment Execution Access, LLC Based on the Investment Company Act of 1940 Management). Volume Thresholds Met on the (the ‘‘Act’’) and rule 17d–1 under the SUPPLEMENTARY INFORMATION: The NASDAQ Options Market Act to permit certain joint transactions following is a summary of the otherwise prohibited by sections 17(d) application. The complete application December 7, 2016. and 57(a)(4) of the Act and rule 17d–1 may be obtained via the Commission’s under the Act. Web site by searching for the file On August 29, 2016, The Nasdaq number, or for an applicant using the Stock Market LLC (‘‘Exchange’’) filed SUMMARY OF APPLICATION: Applicants Company name box, at http:// with the Securities and Exchange www.sec.gov/search/search.htm or by request an order to permit certain Commission (‘‘Commission’’), pursuant business development companies calling (202) 551–8090. to Section 19(b)(1) of the Securities (‘‘BDCs’’) and certain closed-end Exchange Act of 1934 (‘‘Act’’) 1 and Rule Applicants’ Representations management investment companies to 19b–4 thereunder,2 a proposed rule co-invest in portfolio companies with 1. BDC I is a Delaware corporation change related to the payment of a each other and with affiliated organized as a closed-end management credit by Execution Access, LLC that investment funds. investment company that has elected to would be based on volume thresholds be regulated as a BDC under section APPLICANTS: Goldman Sachs BDC, Inc. met on the NASDAQ Options Market 54(a) of the Act.2 BDC II is a Delaware (‘‘BDC I’’), Goldman Sachs Private LLC. The proposed rule change was limited liability company organized as a Middle Market Credit LLC (‘‘BDC II’’), published for comment in the Federal closed-end management investment Goldman Sachs Middle Market Lending Register on September 8, 2016.3 On company that has elected to be LLC (‘‘BDC III,’’ and together with BDC October 19, 2016, the Commission regulated as a BDC under section 54(a) I and BDC II, the ‘‘Companies’’), and extended the time period within which of the Act. BDC III is a Delaware limited Goldman Sachs Asset Management, L.P. liability company 3 organized as a to approve the proposed rule change, (the ‘‘Adviser’’), each on behalf of itself closed-end management investment disapprove the proposed rule change, or and its successors.1 company that intends to elect to be institute proceedings to determine FILING DATES: The application was filed regulated as a BDC under section 54(a) whether to approve or disapprove the on September 27, 2013, and amended of the Act. Each Company’s Objectives proposed rule change to December 7, on January 9, 2014, October 9, 2015, and Strategies 4 are to generate current 2016.4 On November 15, 2016, the January 8, 2016, August 26, 2016, and income and, to a lesser extent, capital Commission instituted proceedings December 5, 2016. appreciation through debt and equity under Section 19(b)(2)(B) of the Act 5 to HEARING OR NOTIFICATION OF HEARING: investments. The business and affairs of determine whether to approve or An order granting the requested relief each Company is managed under the disapprove the proposed rule change.6 will be issued unless the Commission direction of a Board,5 a majority of The Commission received no comment orders a hearing. Interested persons may whose members are persons who are letters on the proposed rule change. request a hearing by writing to the Non-Interested Directors.6 On December 5, 2016, the Exchange Commission’s Secretary and serving 2. The Adviser, a Delaware limited withdrew the proposed rule change applicants with a copy of the request, partnership, is registered with the (SR–NASDAQ–2016–121). personally or by mail. Hearing requests should be received by the Commission 2 Section 2(a)(48) defines a BDC to be any closed- For the Commission, by the Division of by 5:30 p.m. on January 3, 2017, and end investment company that operates for the Trading and Markets, pursuant to delegated purpose of making investments in securities should be accompanied by proof of described in sections 55(a)(1) through 55(a)(3) of the authority.7 service on applicants, in the form of an Act and makes available significant managerial Eduardo A. Aleman, affidavit or, for lawyers, a certificate of assistance with respect to the issuers of such service. Pursuant to rule 0–5 under the securities. Assistant Secretary. 3 Applicants represent that BDC III intends to [FR Doc. 2016–29798 Filed 12–12–16; 8:45 am] Act, hearing requests should state the convert to a Delaware corporation. BILLING CODE 8011–01–P nature of the writer’s interest, any facts 4 ‘‘Objectives and Strategies’’ means a Regulated bearing upon the desirability of a Fund’s (as defined below) investment objectives hearing on the matter, the reason for the and strategies, as described in the Regulated Fund’s request, and the issues contested. registration statement on Form N–2, other filings the Regulated Fund has made with the Commission 1 15 U.S.C. 78s(b)(1). Persons who wish to be notified of a under the Securities Act of 1933 (the ‘‘Securities 2 17 CFR 240.19b–4. hearing may request notification by Act’’), or under the Securities Exchange Act of pmangrum on DSK3GDR082PROD with NOTICES 3 See Securities Exchange Act Release No. 78749 writing to the Commission’s Secretary. 1934, and the Regulated Fund’s reports to (September 1, 2016), 81 FR 62212. shareholders. ADDRESSES: Secretary, U.S. Securities 5 The term ‘‘Board’’ means, with respect to any 4 See Securities Exchange Act Release No. 79118, and Exchange Commission, 100 F St. Regulated Fund (as defined below), the board of 81 FR 73186 (October 24, 2016). 5 15 U.S.C. 78s(b)(2)(B). directors of that Regulated Fund. 1 For the purposes of the requested order, a 6 The term ‘‘Non-Interested Directors’’ means, 6 See Securities Exchange Act Release No. 79317, ‘‘successor’’ includes an entity or entities that result with respect to any Board, the directors who are not 81 FR 83301 (November 21, 2016). from a reorganization into another jurisdiction or a ‘‘interested persons’’ within the meaning of section 7 17 CFR 200.30–3(a)(12). change in the type of business organization. 2(a)(19) of the Act. VerDate Sep<11>2014 15:08 Dec 12, 2016 Jkt 241001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1


Document Created: 2016-12-13 02:44:28
Document Modified: 2016-12-13 02:44:28
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 90021 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR