81 FR 90402 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Designation of a Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change, as Modified by Amendments No. 1 and 2 Thereto, Relating to Amendments to NYSE MKT Rules 1600 et seq. and the Listing Rules Applicable to the Shares of the Nuveen Diversified Commodity Fund and the Nuveen Long/Short Commodity Total Return Fund

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 240 (December 14, 2016)

Page Range		90402-90403
FR Document		2016-29940

Federal Register, Volume 81 Issue 240 (Wednesday, December 14, 2016)

[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Notices]
[Pages 90402-90403]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-29940]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79510; File No. SR-NYSEMKT-2016-58]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of
Designation of a Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change, as
Modified by Amendments No. 1 and 2 Thereto, Relating to Amendments to
NYSE MKT Rules 1600 et seq. and the Listing Rules Applicable to the
Shares of the Nuveen Diversified Commodity Fund and the Nuveen Long/
Short Commodity Total Return Fund

December 8, 2016.
On May 24, 2016, NYSE MKT 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 to among other
things, amend NYSE MKT Rules 1600 et seq. and to amend the listing
rules applicable to the shares of the Nuveen Diversified Commodity Fund
and the Nuveen Long/Short Commodity Total Return Fund, which the
Exchange currently lists and trades. The proposed rule change was
published for comment in the Federal Register on June 13, 2016.\3\
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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. 78000 (June 7,
2016), 81 FR 38232.
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On July 28, 2016, pursuant to Section 19(b)(2) of the Act,\4\ the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ On September 2, 2016, the Exchange filed Amendment No. 1 to
the proposed rule change, which replaced and superseded the proposed
rule change as originally filed.\6\ On September 9, 2016, the
Commission instituted proceedings under Section 19(b)(2)(B) of the
Act,\7\ to determine whether to approve or disapprove the proposed rule
change, as modified by

[[Page 90403]]

Amendment No. 1.\8\ On November 10, 2016, the Exchange filed Amendment
No. 2 to the proposed rule change, which replaced and superseded the
proposed rule change as modified by Amendment No. 1 thereto its
entirety.\9\ The Commission has received two comments on the
proposal.\10\
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\4\ 15 U.S.C. 78s(b)(2).
\5\ See Securities Exchange Act Release No. 78432, 81 FR 51248
(August 3, 2016). The Commission designated September 9, 2016, as
the date by which the Commission would either approve or disapprove,
or institute proceedings to determine whether to disapprove, the
proposed rule change.
\6\ Amendment No. 1 is available at https://www.sec.gov/comments/sr-nysemkt-201658/nysemkt201658-2.pdf.
\7\ 15 U.S.C. 78s(b)(2)(B).
\8\ See Securities Exchange Act Release No. 78804 (September 9,
2016), 81 FR 63543 (September 15, 2016) (``Order Instituting
Proceedings'').
\9\ Amendment No. 2 is available at https://www.sec.gov/comments/sr-nysemkt-2016-58/nysemkt201658-4.pdf.
\10\ See letter dated July 4, 2016, to Division of Trading and
Markets, Commission (``Anonymous Letter''); and letter from Michael
Szkodzinski, Associate General Counsel, Weiss Asset Management LP,
to Brent J. Fields, Secretary, Commission, dated October 6, 2016.
The comments regarding the proposed rule change are available at:
https://www.sec.gov/comments/sr-nysemkt-2016-58/nysemkt201658.shtml.
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Section 19(b)(2) of the Act\11\ 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. December
10, 2016, and February 8, 2017, are 180 days and 240 days,
respectively, from June 13, 2016, the date that the proposed rule
change was published for notice and comment in the Federal Register.
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\11\ 15 U.S.C. 78s(b)(2).
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The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider this proposed
rule change, as modified by Amendments No. 1 and 2, thereto, and the
comments received.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\12\ designates February 8, 2017, as the date by which the
Commission shall either approve or disapprove the proposed rule change,
as modified by Amendments No. 1 and 2, thereto (File Number SR-NYSEMKT-
2016-58).
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\12\ Id.

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(57).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-29940 Filed 12-13-16; 8:45 am]
BILLING CODE 8011-01-P

90402 Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Notices

accounting expenses, any applicable Substitution Date about: (a) The SECURITIES AND EXCHANGE
brokerage expenses and other fees and intended Substitution of Existing COMMISSION
expenses. No fees or charges will be Portfolios with the Replacement
assessed to the affected Contract owners Portfolios; (b) the intended Substitution [Release No. 34–79510; File No. SR–
to effect the Substitutions. The proposed Date; and (c) information with respect to NYSEMKT–2016–58]
Substitutions will not cause the transfers as set forth in Condition 8
Contract fees and charges currently Self-Regulatory Organizations; NYSE
above. In addition, the Section 26 MKT LLC; Notice of Designation of a
being paid by Contract owners to be Applicants will also deliver to affected
greater after the proposed Substitution Longer Period for Commission Action
Contract owners, at least thirty (30) days on Proceedings To Determine Whether
than before the proposed Substitution.
before the Substitution Date, a To Approve or Disapprove a Proposed
5. The Substitutions will be effected
at the relative net asset values of the prospectus for each applicable Rule Change, as Modified by
respective shares of the Replacement Replacement Portfolio. Amendments No. 1 and 2 Thereto,
Portfolios in conformity with Section 10. The Section 26 Applicants will Relating to Amendments to NYSE MKT
22(c) of the 1940 Act and Rule 22c–1 deliver to each affected Contract owner Rules 1600 et seq. and the Listing
thereunder without the imposition of within five (5) business days of the Rules Applicable to the Shares of the
any transfer or similar charges by the Substitution Date a written confirmation Nuveen Diversified Commodity Fund
Section 26 Applicants. The which will include: (a) A confirmation and the Nuveen Long/Short
Substitutions will be effected without that the Substitutions were carried out Commodity Total Return Fund
change in the amount or value of any as previously notified; (b) a restatement December 8, 2016.
Contracts held by affected Contract of the information set forth in the Pre-
owners. On May 24, 2016, NYSE MKT LLC
Substitution Notice; and (c) values of (‘‘Exchange’’) filed with the Securities
6. The Substitutions will in no way
the Contract owner’s positions in the and Exchange Commission
alter the tax treatment of affected
Existing Portfolio before the (‘‘Commission’’), pursuant to Section
Contract owners in connection with
their Contracts, and no tax liability will Substitution and the Replacement 19(b)(1) of the Securities Exchange Act
arise for Contract owners as a result of Portfolio after the Substitution. of 1934 (‘‘Act’’) 1 and Rule 19b–4
the Substitutions. 11. For a period of two years thereunder,2 a proposed rule change to
7. The obligations of the Section 26 following the Substitution Date, for among other things, amend NYSE MKT
Applicants, and the rights of the those Contracts with assets allocated to Rules 1600 et seq. and to amend the
affected Contract owners, under the the Existing Portfolio on the listing rules applicable to the shares of
Contracts of affected Contract owners Substitution Date, the Hartford the Nuveen Diversified Commodity
will not be altered in any way. Fund and the Nuveen Long/Short
Insurance Companies will reimburse, on
8. Affected Contract owners will be Commodity Total Return Fund, which
the last business day of each fiscal
permitted to transfer Contract value the Exchange currently lists and trades.
quarter, the Contract owners whose
from the subaccount investing in the The proposed rule change was
subaccounts invest in the applicable published for comment in the Federal
Existing Portfolio (before Substitution
Date) or the Replacement Portfolio (after Replacement Portfolio to the extent that Register on June 13, 2016.3
the Substitution Date) to any other the Replacement Portfolio’s net annual On July 28, 2016, pursuant to Section
available investment option under the operating expenses (taking into account 19(b)(2) of the Act,4 the Commission
Contract without charge for a period fee waivers and expense designated a longer period within which
beginning at least 30 days before the reimbursements) for such period to approve the proposed rule change,
Substitution Date through at least 30 exceeds, on an annualized basis, the net disapprove the proposed rule change, or
days following the Substitution Date. annual operating expenses of the institute proceedings to determine
Contract owners with guaranteed living Existing Portfolio for fiscal year 2015. In whether to disapprove the proposed
and/or death benefit riders, as addition, the Section 26 Applicants will rule change.5 On September 2, 2016, the
applicable, may transfer Contract value not increase the Contract fees and Exchange filed Amendment No. 1 to the
from the subaccounts investing in the charges that would otherwise be proposed rule change, which replaced
Existing Portfolios (before the assessed under the terms of the and superseded the proposed rule
Substitutions) or the Replacement Contracts for a period of at least two change as originally filed.6 On
Portfolios (after the Substitutions) to any years following the Substitution Date. September 9, 2016, the Commission
other available investment option instituted proceedings under Section
For the Commission, by the Division of
available under their respective riders 19(b)(2)(B) of the Act,7 to determine
Investment Management, under delegated
without charge and without imposing whether to approve or disapprove the
authority.
any transfer limitations. Except as proposed rule change, as modified by
described in any market timing/short- Robert W. Errett,
term trading provisions of the relevant Deputy Secretary. 1 15 U.S.C. 78s(b)(1).
prospectus, the Section 26 Applicants [FR Doc. 2016–29933 Filed 12–13–16; 8:45 am] 2 17 CFR 240.19b–4.
will not exercise any rights reserved BILLING CODE 8011–01–P
3 See Securities Exchange Act Release No. 78000

under the Contracts to impose (June 7, 2016), 81 FR 38232.
4 15 U.S.C. 78s(b)(2).
restrictions on transfers between the 5 See Securities Exchange Act Release No. 78432,
sradovich on DSK3GMQ082PROD with NOTICES

subaccounts under the Contracts, 81 FR 51248 (August 3, 2016). The Commission
including limitations on the future designated September 9, 2016, as the date by which
number of transfers, for a period the Commission would either approve or
beginning at least 30 days before the disapprove, or institute proceedings to determine
whether to disapprove, the proposed rule change.
Substitution Date through at least 30 6 Amendment No. 1 is available at https://
days following the Substitution Date. www.sec.gov/comments/sr-nysemkt-201658/
9. All affected Contract owners will be nysemkt201658-2.pdf.
notified, at least 30 days before the 7 15 U.S.C. 78s(b)(2)(B).

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Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Notices 90403

Amendment No. 1.8 On November 10, SMALL BUSINESS ADMINISTRATION (Catalog of Federal Domestic Assistance
2016, the Exchange filed Amendment Number 59008)
No. 2 to the proposed rule change, [Disaster Declaration #14999 and #15000] James E. Rivera,
which replaced and superseded the Associate Administrator for Disaster
proposed rule change as modified by Pennsylvania Disaster #PA–00077 Assistance.
Amendment No. 1 thereto its entirety.9 [FR Doc. 2016–29928 Filed 12–13–16; 8:45 am]
The Commission has received two AGENCY:U.S. Small Business
BILLING CODE 8025–01–P
comments on the proposal.10 Administration.
Section 19(b)(2) of the Act11 provides ACTION: Notice.
that, after initiating disapproval SMALL BUSINESS ADMINISTRATION
proceedings, the Commission shall issue SUMMARY: This is a Notice of the
an order approving or disapproving the Presidential declaration of a major Data Collection Available for Public
proposed rule change not later than 180 disaster for Public Assistance Only for Comments
days after the date of publication of the Commonwealth of PENNSYLVANIA
notice of filing of the proposed rule (FEMA–4292–DR), dated 12/02/2016. 60-day notice and request for
ACTION:
change. The Commission may extend comments.
Incident: Severe Storms and Flooding.
the period for issuing an order
approving or disapproving the proposed Incident Period: 10/20/2016 through SUMMARY: The Small Business
rule change, however, by not more than 10/21/2016. Administration (SBA) intends to request
60 days if the Commission determines Effective Date: 12/02/2016. approval, from the Office of
that a longer period is appropriate and Management and Budget (OMB) for the
Physical Loan Application Deadline
publishes the reasons for such collection of information described in
Date: 01/31/2017.
determination. December 10, 2016, and the SUPPLEMENTARY INFORMATION section.
February 8, 2017, are 180 days and 240 Economic Injury (EIDL) Loan
DATES: Submit comments on or before
days, respectively, from June 13, 2016, Application Deadline Date: 09/05/2017.
February 13, 2017.
the date that the proposed rule change ADDRESSES: Submit completed loan
ADDRESSES: Send all comments to
was published for notice and comment applications to: U.S. Small Business
Brenda Fernandez, Program Analyst,
in the Federal Register. Administration, Processing and
Office of Government Contracting,
The Commission finds it appropriate Disbursement Center, 14925 Kingsport
Small Business Administration, 409 3rd
to designate a longer period within Road, Fort Worth, TX 76155.
Street, 7th Floor, Washington, DC
which to issue an order approving or FOR FURTHER INFORMATION CONTACT: A. 20416.
disapproving the proposed rule change Escobar, Office of Disaster Assistance,
so that it has sufficient time to consider FOR FURTHER INFORMATION CONTACT:
U.S. Small Business Administration,
this proposed rule change, as modified 409 3rd Street SW., Suite 6050, Brenda Fernandez, Analyst, (202) 205–
by Amendments No. 1 and 2, thereto, Washington, DC 20416. 7337, Brenda.Fernandez@sba.gov, or
and the comments received. Curtis B. Rich, Management Analyst,
Accordingly, the Commission, SUPPLEMENTARY INFORMATION: Notice is (202)-205–7030, curtis.rich@sba.gov.
pursuant to Section 19(b)(2) of the hereby given that as a result of the
SUPPLEMENTARY INFORMATION: The
Act,12 designates February 8, 2017, as President’s major disaster declaration on
Paperwork Reduction Act (PRA) of
the date by which the Commission shall 12/02/2016, Private Non-Profit
1995, 44 U.S.C Chapter 35 requires
either approve or disapprove the organizations that provide essential
federal agencies to publish a notice in
proposed rule change, as modified by services of governmental nature may file
the Federal Register concerning each
Amendments No. 1 and 2, thereto (File disaster loan applications at the address
proposed collection of information
Number SR–NYSEMKT–2016–58). listed above or other locally announced
before submission to OMB, and to allow
locations.
For the Commission, by the Division of 60 days for public comment in response
Trading and Markets, pursuant to delegated The following areas have been to the notice. This notice complies with
authority.13 determined to be adversely affected by that requirement.
Eduardo A. Aleman, the disaster: This form is used by SBA Government
Assistant Secretary. Primary Counties: Bradford, Centre, Contracting Area Office for size protest
[FR Doc. 2016–29940 Filed 12–13–16; 8:45 am] Lycoming, Sullivan. and size determinations, and program
offices to assist in determining
BILLING CODE 8011–01–P The Interest Rates are:
eligibility for small business programs.
8 See Securities Exchange Act Release No. 78804 Percent Title: Information for Small Business
(September 9, 2016), 81 FR 63543 (September 15, Size Determination
2016) (‘‘Order Instituting Proceedings’’). For Physical Damage: Description of Respondents: Size
9 Amendment No. 2 is available at https://
Non–Profit Organizations with Standards Determination requirements
www.sec.gov/comments/sr-nysemkt-2016-58/ Credit Available Elsewhere ... 2.625
nysemkt201658-4.pdf. for Small Business Eligible Companies.
Non–Profit Organizations with-
10 See letter dated July 4, 2016, to Division of
out Credit Available Else- SBA Form No: 355.
Trading and Markets, Commission (‘‘Anonymous
Letter’’); and letter from Michael Szkodzinski, where ..................................... 2.625 Total Estimated Annual Responses:
sradovich on DSK3GMQ082PROD with NOTICES

Associate General Counsel, Weiss Asset For Economic Injury: 575.
Management LP, to Brent J. Fields, Secretary, Non–Profit Organizations with- Total Estimated Annual Hour Burden:
Commission, dated October 6, 2016. The comments out Credit Available Else- 2,300.
regarding the proposed rule change are available at: where ..................................... 2.625
https://www.sec.gov/comments/sr-nysemkt-2016- Curtis Rich,
58/nysemkt201658.shtml.
11 15 U.S.C. 78s(b)(2). The number assigned to this disaster Management Analyst.
12 Id. for physical damage is 14999B and for [FR Doc. 2016–29923 Filed 12–13–16; 8:45 am]
13 17 CFR 200.30–3(a)(57). economic injury is 15000B BILLING CODE P

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Document Created: 2016-12-14 00:48:41
Document Modified: 2016-12-14 00:48:41

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 90402