82 FR 20928 - Joint Industry Plan; Notice of Filing and Immediate Effectiveness of the Fourteenth Amendment to the National Market System Plan To Address Extraordinary Market Volatility by Bats BZX Exchange, Inc., Bats BYX Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, Inc., Chicago Stock Exchange, Inc., Financial Industry Regulatory Authority, Inc., Investors Exchange LLC, NASDAQ BX, Inc., NASDAQ PHLX LLC, The Nasdaq Stock Market LLC, NYSE National, Inc., New York Stock Exchange LLC, NYSE MKT LLC, and NYSE Arca, Inc.
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 85 (May 4, 2017)
Federal Register Volume 82, Issue 85 (May 4, 2017)
| Page Range | 20928-20930 | |
| FR Document | 2017-08970 |
[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)] [Notices] [Pages 20928-20930] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08970] [[Page 20928]] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-80549; File No. 4-631] Joint Industry Plan; Notice of Filing and Immediate Effectiveness of the Fourteenth Amendment to the National Market System Plan To Address Extraordinary Market Volatility by Bats BZX Exchange, Inc., Bats BYX Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, Inc., Chicago Stock Exchange, Inc., Financial Industry Regulatory Authority, Inc., Investors Exchange LLC, NASDAQ BX, Inc., NASDAQ PHLX LLC, The Nasdaq Stock Market LLC, NYSE National, Inc., New York Stock Exchange LLC, NYSE MKT LLC, and NYSE Arca, Inc. April 28, 2017. I. Introduction On April 13, 2017, NYSE Group, Inc., on behalf of the following parties to the National Market System Plan to Address Extraordinary Market Volatility (``the Plan''): \1\ Bats BZX Exchange, Inc., Bats BYX Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, Inc., Chicago Stock Exchange, Inc., the Financial Industry Regulatory Authority, Inc. (``FINRA''), Investors Exchange LLC, NASDAQ BX, Inc., NASDAQ PHLX LLC, The NASDAQ Stock Market LLC (``Nasdaq''), New York Stock Exchange LLC (``NYSE''), NYSE Arca, Inc., NYSE MKT LLC, and NYSE National Inc. (collectively, the ``Participants'') filed with the Securities and Exchange Commission (``Commission'') pursuant to Section 11A(a)(3) of the Securities Exchange Act of 1934 (``Exchange Act'') \2\ and Rule 608 thereunder,\3\ a proposal to amend the Plan (``Fourteenth Amendment'').\4\ The proposal reflects changes unanimously approved by the Participants. The Fourteenth Amendment proposes to change the implementation date for the twelfth amendment to the Plan (``Twelfth Amendment''), as discussed below. The proposed change does not alter the text of the Plan. The Participants are filing the Fourteenth Amendment for immediate effectiveness pursuant to Rule 608(b)(3)(iii) of Regulation NMS (``Rule 608'') under the Exchange Act.\5\ The Commission is publishing this notice to solicit comments from interested persons.\6\ --------------------------------------------------------------------------- \1\ On May 31, 2012, the Commission approved the Plan, as modified by Amendment No. 1. See Securities Exchange Act Release No. 67091, 77 FR 33498 (June 6, 2012) (File No. 4-631). On February 20, 2013, the Commission noticed for immediate effectiveness the Second Amendment to the Plan. See Securities Exchange Act Release No. 68953, 78 FR 13113 (February 26, 2013). On April 3, 2013, the Commission approved the Third Amendment to the Plan. See Securities Exchange Act Release No. 69287, 78 FR 21483 (April 10, 2013). On August 27, 2013, the Commission noticed for immediate effectiveness the Fourth Amendment to the Plan. See Securities Exchange Act Release No. 70273, 78 FR 54321 (September 3, 2013). On September 26, 2013, the Commission approved the Fifth Amendment to the Plan. See Securities Exchange Act Release No. 70530, 78 FR 60937 (October 2, 2013). On January 7, 2014, the Commission noticed for immediate effectiveness the Sixth Amendment to the Plan. See Securities Exchange Act Release No. 71247, 79 FR 2204 (January 13, 2014). On April 3, 2014, the Commission approved the Seventh Amendment to the Plan. See Securities Exchange Act Release No. 71851, 79 FR 19687 (April 9, 2014). On February 19, 2015, the Commission approved the Eight Amendment to the Plan. See Securities Exchange Act Release No. 74323, 80 FR 10169 (February 25, 2015). On October 22, 2015, the Commission approved the Ninth Amendment to the Plan. See Securities Exchange Act Release No. 76244, 80 FR 66099 (October 28, 2015). On April 21, 2016, the Commission approved the Tenth Amendment to the Plan. See Securities Exchange Act Release No. 77679, 81 FR 24908 (April 27, 2016). On August 26, 2016, the Commission noticed for immediate effectiveness the Eleventh Amendment to the Plan. See Securities Exchange Act Release No. 78703, 81 FR 60397 (September 1, 2016). On January 19, 2017, the Commission approved the Twelfth Amendment to the Plan. See Securities Exchange Act Release No. 79845, 82 FR 8551 (January 26, 2017). On April 13, 2017, the Commission approved the Thirteenth Amendment to the Plan. See Securities Exchange Act Release No. 80455, 82 FR 18519 (April 19, 2017). \2\ 15 U.S.C 78k-1(a)(3). \3\ 17 CFR 242.608. \4\ See Letter from Elizabeth King, General Counsel and Corporate Secretary, NYSE, to Brent Fields, Secretary, Commission, dated April 12, 2017 (``Transmittal Letter''). \5\ 17 CFR 242.608. \6\ Id. --------------------------------------------------------------------------- II. Description of the Plan Set forth in this Section II is the statement of the purpose and summary of the Fourteenth Amendment, along with the information required by Rule 608(a)(4) and (5) under the Exchange Act,\7\ substantially prepared and submitted by the Participants to the Commission.\8\ --------------------------------------------------------------------------- \7\ See 17 CFR 242.608(a)(4) and (a)(5). \8\ See Transmittal Letter, supra note 4. --------------------------------------------------------------------------- A. Statement of Purpose and Summary of the Plan Amendment The Participants filed the Plan on April 5, 2011, to create a market-wide limit up-limit down mechanism intended to address extraordinary market volatility in NMS Stocks, as defined in Rule 600(b)(47) of Regulation NMS under the Exchange Act. The Plan sets forth procedures that provide for market-wide limit up-limit down requirements that would prevent trades in individual NMS Stocks from occurring outside of the specified price bands. These limit up-limit down requirements are coupled with Trading Pauses,\9\ as defined in Section I(Y) of the Plan, to accommodate more fundamental price moves. In particular, the Participants adopted this Plan to address the type of sudden price movements that the market experienced on the afternoon of May 6, 2010. --------------------------------------------------------------------------- \9\ Unless otherwise specified, the terms used herein have the same meaning as set forth in the Plan. --------------------------------------------------------------------------- As set forth in more detail in the Plan, all trading centers in NMS Stocks, including both those operated by Participants and those operated by members of Participants, shall establish, maintain, and enforce written policies and procedures that are reasonably designed to comply with the limit up-limit down requirements specified in the Plan. More specifically, the single plan processor responsible for consolidation of information for an NMS Stock pursuant to Rule 603(b) of Regulation NMS under the Exchange Act will be responsible for calculating and disseminating a lower price band and upper price band, as provided for in Section V of the Plan. Section VI of the Plan sets forth the limit up-limit down requirements of the Plan, and in particular, that all trading centers in NMS Stocks, including both those operated by Participants and those operated by members of Participants, shall establish, maintain, and enforce written policies and procedures that are reasonably designed to prevent trades at prices that are below the lower price band or above the upper price band for an NMS Stock, consistent with the Plan. The changes approved by the Commission in the Twelfth Amendment provide that a Trading Pause will continue until the Primary Listing Exchange has reopened trading using its established reopening procedures, and to require that trading centers not resume trading in an NMS Stock following a Trading Pause without Price Bands for such NMS Stock. In the Statement of Purpose filed with the Twelfth Amendment, the Participants stated that the changes described in the Twelfth Amendment would be implemented no later than six months after approval of that amendment. Based on the date of the approval order of the Twelfth Amendment, the Twelfth Amendment must be implemented no later than July 19, 2017. Because the SIP technology changes necessary to implement the Twelfth Amendment will not be ready by July 19, 2017, the Participants are filing this proposal to change the implementation date for the changes to the Plan set forth in the Twelfth Amendment to September 30, 2017. [[Page 20929]] In addition, the Primary Listing Exchanges will not be ready to implement the changes to their automated reopening processes following a Trading Pause, which were made pursuant to exchange rule filings in conjunction with the Twelfth Amendment, by July 19, 2017. To provide for a standardized approach that would allow for extensions of a Trading Pause by the Primary Listing Exchange if equilibrium cannot be met to establish a Reopening Price within specified parameters (``automated reopening changes''), the Primary Listing Exchanges amended their rules for automated reopenings.\10\ The Primary Listing Exchanges anticipate implementing the automated reopening changes in the third quarter of 2017, assuming that the Processors have implemented their changes and each Primary Listing Exchange is able to implement their proposed rule changes simultaneously.\11\ --------------------------------------------------------------------------- \10\ See Securities Exchange Act Release Nos. 79846 (January 19, 2017), 82 FR 8548 (January 26, 2017) (SR-NYSEArca-2016-130) (Approval Order); 79884 (January 26, 2017), 82 FR 8968 (February 1, 2017) (SR-BatsBZX-2016-61) (Approval Order); 79876 (January 25, 2017), 82 FR 8888 (January 31, 2017) (SR-Nasdaq-2016-131) (Approval Order). \11\ In other words, the Participants expect that both the changes pursuant to the Twelfth Amendment and the Primary Listing Exchange automated reopening changes would become operative at the same time. --------------------------------------------------------------------------- Accordingly, both to provide time to support the technology changes for the Twelfth Amendment and to align the implementation date of the Twelfth Amendment with the implementation timeline for the automated reopening changes by the Primary Listing Exchanges, the Participants propose to change the implementation date for the changes in the Twelfth Amendment to no later than the end of the third quarter of 2017.\12\ This proposed change does not require any changes to the text of the Plan. --------------------------------------------------------------------------- \12\ The Participants anticipate that the Twelfth Amendment changes will be implemented in August 2017. However, to align the implementation schedule with the automated reopening changes, the Participants propose to specify the same implementation time frame as the Primary Listing Exchanges have proposed for the automated reopening changes. See supra note 10. --------------------------------------------------------------------------- The Participants believe that the proposed modification to the implementation schedule is technical and ministerial in nature because it simply extends the implementation period for the Twelfth Amendment and does not change any substantive elements of the Plan.\13\ The Participants believe that the proposal to extend the implementation schedule is consistent with the goal of the Twelfth Amendment, which is to reduce the potential for sequential Trading Pauses in an NMS Stock by centralizing the reopening process through the Primary Listing Exchanges, because it would align the implementation schedule for the Twelfth Amendment with the implementation schedule for the automated reopening changes. The proposed amendment would therefore protect investors and the public interest and is appropriate to the maintenance of fair and orderly markets. --------------------------------------------------------------------------- \13\ See, e.g., Securities Exchange Act Release Nos. 70273 (amending Section VIII.B of the Plan to establish a new implementation schedule for Phase II of the Plan) and 71247 (amending Section VIII.B of the Plan to establish a new implementation schedule for Phase II of the Plan), supra note 1. --------------------------------------------------------------------------- B. Governing or Constituent Documents The governing documents of the Processor, as defined in Section I(P) of the Plan, will not be affected by the Plan, but once the Plan is implemented, the Processor's obligations will change, as set forth in detail in the Plan. C. Implementation of Plan The initial date of the Plan operations was April 8, 2013. D. Development and Implementation Phases The Plan was initially implemented as a one-year pilot program in two Phases, consistent with Section VIII of the Plan: Phase I of Plan implementation began on April 8, 2013 and was completed on May 3, 2013. Implementation of Phase II of the Plan began on August 5, 2013 and was completed on February 24, 2014. The tenth amendment to the Plan was implemented on July 18, 2016. Pursuant to the thirteenth amendment to the Plan, the pilot period of the Plan was extended until April 16, 2018.\14\ Currently, the Participants must implement the Twelfth Amendment no later than July 19, 2017. Pursuant to this proposed amendment, the Participants propose to extend the time frame to implement the Twelfth Amendment to no later than the end of the third quarter of 2017. --------------------------------------------------------------------------- \14\ See Securities Exchange Act Release No. 80455 (order approving the thirteenth amendment to the Plan), supra note 1. --------------------------------------------------------------------------- E. Analysis of Impact on Competition The proposed Plan does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Exchange Act. The Participants do not believe that the proposed Plan introduces terms that are unreasonably discriminatory for the purposes of Section 11A(c)(1)(D) of the Exchange Act. F. Written Understanding or Agreements Relating to Interpretation of, or Participation in, Plan The Participants have no written understandings or agreements relating to interpretation of the Plan. Section II(C) of the Plan sets forth how any entity registered as a national securities exchange or national securities association may become a Participant. G. Approval of Amendment of the Plan Each of the Plan's Participants has executed a written amended Plan. H. Terms and Conditions of Access Section II(C) of the Plan provides that any entity registered as a national securities exchange or national securities association under the Exchange Act may become a Participant by: (1) Becoming a participant in the applicable Market Data Plans, as defined in Section I(F) of the Plan; (2) executing a copy of the Plan, as then in effect; (3) providing each then-current Participant with a copy of such executed Plan; and (4) effecting an amendment to the Plan as specified in Section III(B) of the Plan. I. Method of Determination and Imposition, and Amount of, Fees and Charges Not applicable. J. Method and Frequency of Processor Evaluation Not applicable. K. Dispute Resolution Section III(C) of the Plan provides that each Participant shall designate an individual to represent the Participant as a member of an Operating Committee. No later than the initial date of the Plan, the Operating Committee shall designate one member of the Operating Committee to act as the Chair of the Operating Committee. Any recommendation for an amendment to the Plan from the Operating Committee that receives an affirmative vote of at least two-thirds of the Participants, but is less than unanimous, shall be submitted to the Commission as a request for an amendment to the Plan initiated by the Commission under Rule 608. On April 12, 2017, the Operating Committee, duly constituted and chaired by Mr. Robert Books of Bats, met and voted unanimously to amend the Plan as set forth herein in accordance with Section III(C) of the Plan. The Plan Advisory Committee was notified in connection with the Fourteenth Amendment and was in favor. [[Page 20930]] III. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the amendment is consistent with the Exchange Act and the rules thereunder. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number 4-631 on the subject line. Paper Comments Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number 4-631.This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed plan amendment that are filed with the Commission, and all written communications relating to the amendment between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the Participants' offices. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number 4-631 and should be submitted on or before May 25, 2017. By the Commission. Eduardo Aleman, Assistant Secretary. [FR Doc. 2017-08970 Filed 5-3-17; 8:45 am] BILLING CODE 8011-01-P
![20928 Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices
SECURITIES AND EXCHANGE Inc., Chicago Stock Exchange, Inc., the Pauses,9 as defined in Section I(Y) of the
COMMISSION Financial Industry Regulatory Plan, to accommodate more
Authority, Inc. (‘‘FINRA’’), Investors fundamental price moves. In particular,
[Release No. 34–80549; File No. 4–631]
Exchange LLC, NASDAQ BX, Inc., the Participants adopted this Plan to
Joint Industry Plan; Notice of Filing NASDAQ PHLX LLC, The NASDAQ address the type of sudden price
and Immediate Effectiveness of the Stock Market LLC (‘‘Nasdaq’’), New movements that the market experienced
Fourteenth Amendment to the National York Stock Exchange LLC (‘‘NYSE’’), on the afternoon of May 6, 2010.
Market System Plan To Address NYSE Arca, Inc., NYSE MKT LLC, and As set forth in more detail in the Plan,
Extraordinary Market Volatility by Bats NYSE National Inc. (collectively, the all trading centers in NMS Stocks,
BZX Exchange, Inc., Bats BYX ‘‘Participants’’) filed with the Securities including both those operated by
Exchange, Inc., Bats EDGA Exchange, and Exchange Commission Participants and those operated by
Inc., Bats EDGX Exchange, Inc., (‘‘Commission’’) pursuant to Section members of Participants, shall establish,
Chicago Stock Exchange, Inc., 11A(a)(3) of the Securities Exchange Act maintain, and enforce written policies
Financial Industry Regulatory of 1934 (‘‘Exchange Act’’) 2 and Rule 608 and procedures that are reasonably
Authority, Inc., Investors Exchange thereunder,3 a proposal to amend the designed to comply with the limit up-
LLC, NASDAQ BX, Inc., NASDAQ PHLX Plan (‘‘Fourteenth Amendment’’).4 The limit down requirements specified in
LLC, The Nasdaq Stock Market LLC, proposal reflects changes unanimously the Plan. More specifically, the single
NYSE National, Inc., New York Stock approved by the Participants. The plan processor responsible for
Exchange LLC, NYSE MKT LLC, and Fourteenth Amendment proposes to consolidation of information for an
NYSE Arca, Inc. change the implementation date for the NMS Stock pursuant to Rule 603(b) of
twelfth amendment to the Plan Regulation NMS under the Exchange
April 28, 2017. (‘‘Twelfth Amendment’’), as discussed Act will be responsible for calculating
below. The proposed change does not and disseminating a lower price band
I. Introduction
alter the text of the Plan. The and upper price band, as provided for
On April 13, 2017, NYSE Group, Inc., in Section V of the Plan. Section VI of
Participants are filing the Fourteenth
on behalf of the following parties to the the Plan sets forth the limit up-limit
Amendment for immediate effectiveness
National Market System Plan to Address down requirements of the Plan, and in
pursuant to Rule 608(b)(3)(iii) of
Extraordinary Market Volatility (‘‘the particular, that all trading centers in
Regulation NMS (‘‘Rule 608’’) under the
Plan’’): 1 Bats BZX Exchange, Inc., Bats NMS Stocks, including both those
Exchange Act.5 The Commission is
BYX Exchange, Inc., Bats EDGA operated by Participants and those
publishing this notice to solicit
Exchange, Inc., Bats EDGX Exchange, operated by members of Participants,
comments from interested persons.6
shall establish, maintain, and enforce
1 On May 31, 2012, the Commission approved the
II. Description of the Plan written policies and procedures that are
Plan, as modified by Amendment No. 1. See
Securities Exchange Act Release No. 67091, 77 FR Set forth in this Section II is the reasonably designed to prevent trades at
33498 (June 6, 2012) (File No. 4–631). On February
statement of the purpose and summary prices that are below the lower price
20, 2013, the Commission noticed for immediate
of the Fourteenth Amendment, along band or above the upper price band for
effectiveness the Second Amendment to the Plan.
See Securities Exchange Act Release No. 68953, 78 with the information required by Rule an NMS Stock, consistent with the Plan.
FR 13113 (February 26, 2013). On April 3, 2013, the The changes approved by the
608(a)(4) and (5) under the Exchange
Commission approved the Third Amendment to the Commission in the Twelfth Amendment
Act,7 substantially prepared and
Plan. See Securities Exchange Act Release No. provide that a Trading Pause will
69287, 78 FR 21483 (April 10, 2013). On August 27, submitted by the Participants to the
continue until the Primary Listing
2013, the Commission noticed for immediate Commission.8
effectiveness the Fourth Amendment to the Plan. Exchange has reopened trading using its
See Securities Exchange Act Release No. 70273, 78 A. Statement of Purpose and Summary established reopening procedures, and
FR 54321 (September 3, 2013). On September 26, of the Plan Amendment to require that trading centers not
2013, the Commission approved the Fifth
Amendment to the Plan. See Securities Exchange
resume trading in an NMS Stock
The Participants filed the Plan on following a Trading Pause without Price
Act Release No. 70530, 78 FR 60937 (October 2,
2013). On January 7, 2014, the Commission noticed April 5, 2011, to create a market-wide Bands for such NMS Stock. In the
for immediate effectiveness the Sixth Amendment limit up-limit down mechanism Statement of Purpose filed with the
to the Plan. See Securities Exchange Act Release intended to address extraordinary Twelfth Amendment, the Participants
No. 71247, 79 FR 2204 (January 13, 2014). On April market volatility in NMS Stocks, as
3, 2014, the Commission approved the Seventh stated that the changes described in the
Amendment to the Plan. See Securities Exchange defined in Rule 600(b)(47) of Regulation Twelfth Amendment would be
Act Release No. 71851, 79 FR 19687 (April 9, 2014). NMS under the Exchange Act. The Plan implemented no later than six months
On February 19, 2015, the Commission approved sets forth procedures that provide for after approval of that amendment. Based
the Eight Amendment to the Plan. See Securities market-wide limit up-limit down
Exchange Act Release No. 74323, 80 FR 10169 on the date of the approval order of the
(February 25, 2015). On October 22, 2015, the requirements that would prevent trades Twelfth Amendment, the Twelfth
Commission approved the Ninth Amendment to the in individual NMS Stocks from Amendment must be implemented no
Plan. See Securities Exchange Act Release No. occurring outside of the specified price later than July 19, 2017. Because the SIP
76244, 80 FR 66099 (October 28, 2015). On April bands. These limit up-limit down
21, 2016, the Commission approved the Tenth technology changes necessary to
Amendment to the Plan. See Securities Exchange requirements are coupled with Trading implement the Twelfth Amendment
Act Release No. 77679, 81 FR 24908 (April 27, will not be ready by July 19, 2017, the
2016). On August 26, 2016, the Commission noticed 2 15 U.S.C 78k–1(a)(3). Participants are filing this proposal to
pmangrum on DSK3GDR082PROD with NOTICES
for immediate effectiveness the Eleventh 3 17 CFR 242.608.
Amendment to the Plan. See Securities Exchange 4 See Letter from Elizabeth King, General Counsel
change the implementation date for the
Act Release No. 78703, 81 FR 60397 (September 1,
and Corporate Secretary, NYSE, to Brent Fields, changes to the Plan set forth in the
2016). On January 19, 2017, the Commission Twelfth Amendment to September 30,
Secretary, Commission, dated April 12, 2017
approved the Twelfth Amendment to the Plan. See
Securities Exchange Act Release No. 79845, 82 FR
(‘‘Transmittal Letter’’). 2017.
5 17 CFR 242.608.
8551 (January 26, 2017). On April 13, 2017, the
6 Id. 9 Unless otherwise specified, the terms used
Commission approved the Thirteenth Amendment
7 See 17 CFR 242.608(a)(4) and (a)(5).
to the Plan. See Securities Exchange Act Release herein have the same meaning as set forth in the
No. 80455, 82 FR 18519 (April 19, 2017). 8 See Transmittal Letter, supra note 4. Plan.
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![20930 Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices
III. Solicitation of Comments SECURITIES AND EXCHANGE on net asset value. No expenses were
COMMISSION incurred in connection with the
Interested persons are invited to liquidation.
submit written data, views and [Release No. IC–32616]
Filing Date: The application was filed
arguments concerning the foregoing, on February 22, 2017.
including whether the amendment is Notice of Applications for
Deregistration Under Section 8(f) of the Applicant’s Address: 18925 Base
consistent with the Exchange Act and Camp Road, Suite 203, Monument,
the rules thereunder. Comments may be Investment Company Act of 1940
Colorado 80132.
submitted by any of the following April 28, 2017.
methods: Tortoise MLP Growth Fund, Inc. [File
The following is a notice of No. 811–22776] 1
Electronic Comments applications for deregistration under
section 8(f) of the Investment Company Summary: Applicant, a closed-end
• Use the Commission’s Internet Act of 1940 for the month of April 2017. investment company, seeks an order
comment form (http://www.sec.gov/ A copy of each application may be declaring that it has ceased to be an
rules/sro.shtml); or obtained via the Commission’s Web site investment company. Applicant has
by searching for the file number, or for never made a public offering of its
• Send an email to rule-comments@ securities and does not propose to make
sec.gov. Please include File Number 4– an applicant using the Company name
box, at http://www.sec.gov/search/ a public offering or engage in business
631 on the subject line. of any kind.
search.htm or by calling (202) 551–
Paper Comments 8090. An order granting each Filing Date: The application was filed
application will be issued unless the on February 27, 2017.
• Send paper comments in triplicate SEC orders a hearing. Interested persons Applicant’s Address: 11550 Ash
to Brent J. Fields, Secretary, Securities may request a hearing on any Street, Suite 300, Leawood, Kansas
and Exchange Commission, 100 F Street application by writing to the SEC’s 66211.
NE., Washington, DC 20549–1090. Secretary at the address below and Brookfield Mortgage Opportunity
All submissions should refer to File serving the relevant applicant with a Income Fund Inc. [File No. 811–22773] 1
Number 4–631.This file number should copy of the request, personally or by
mail. Hearing requests should be Summary: Applicant, a closed-end
be included on the subject line if email investment company, seeks an order
is used. To help the Commission received by the SEC by 5:30 p.m. on
May 23, 2017, and should be declaring that it has ceased to be an
process and review your comments investment company. The applicant has
more efficiently, please use only one accompanied by proof of service on
applicants, in the form of an affidavit or, transferred its assets to Brookfield Real
method. The Commission will post all Assets Income Fund Inc. and, on
comments on the Commission’s Internet for lawyers, a certificate of service.
Pursuant to Rule 0–5 under the Act, December 12, 2016, made a final
Web site (http://www.sec.gov/rules/ distribution to its shareholders based on
sro.shtml). Copies of the submission, all hearing requests should state the nature
of the writer’s interest, any facts bearing net asset value. Expenses of $778,720
subsequent amendments, all written incurred in connection with the
statements with respect to the proposed upon the desirability of a hearing on the
matter, the reason for the request, and reorganization were paid by the
plan amendment that are filed with the applicant’s investment adviser.
Commission, and all written the issues contested. Persons who wish
Filing Date: The application was filed
communications relating to the to be notified of a hearing may request
on March 7, 2017.
amendment between the Commission notification by writing to the
Applicant’s Address: Brookfield
and any person, other than those that Commission’s Secretary.
Place, 250 Vesey Street, 15th Floor, New
may be withheld from the public in ADDRESSES: The Commission: Secretary, York, New York 10281.
accordance with the provisions of 5 U.S. Securities and Exchange
U.S.C. 552, will be available for Web Commission, 100 F Street NE., Brookfield High Income Fund Inc. [File
site viewing and printing in the Washington, DC 20549–1090. No. 811–08795] 1
Commission’s Public Reference Room, FOR FURTHER INFORMATION CONTACT: Hae- Summary: Applicant, a closed-end
100 F Street NE., Washington, DC Sung Lee, Attorney-Adviser, at (202) investment company, seeks an order
20549, on official business days 551–7345 or Chief Counsel’s Office at declaring that it has ceased to be an
between the hours of 10:00 a.m. and (202) 551–6821; SEC, Division of investment company. The applicant has
3:00 p.m. Copies of such filing also will Investment Management, Chief transferred its assets to Brookfield Real
be available for inspection and copying Counsel’s Office, 100 F Street NE., Assets Income Fund Inc. and, on
at the Participants’ offices. All Washington, DC 20549–8010. December 12, 2016, made a final
comments received will be posted distribution to its shareholders based on
without change; the Commission does Tax Exempt Municipal Trust [File No.
net asset value. Expenses of $386,068
not edit personal identifying 811–02551] 1
incurred in connection with the
information from submissions. You Summary: Applicant, a unit reorganization were paid by the
should submit only information that investment trust, seeks an order applicant’s investment adviser.
you wish to make available publicly. All declaring that it has ceased to be an Filing Date: The application was filed
submissions should refer to File investment company. On September 3, on March 7, 2017.
pmangrum on DSK3GDR082PROD with NOTICES
Number 4–631 and should be submitted 2014, applicant made a liquidating Applicant’s Address: Brookfield
on or before May 25, 2017. distribution to its shareholders, based Place, 250 Vesey Street, 15th Floor, New
By the Commission. York, New York 10281.
1 Applicant was previously issued a release
Eduardo Aleman, number in the notice of applications for Brookfield Total Return Fund Inc. [File
Assistant Secretary. deregistration for March 2017 (Investment Company No. 811–05820] 1
Act Release No. 32587). A new release number has
[FR Doc. 2017–08970 Filed 5–3–17; 8:45 am] Summary: Applicant, a closed-end
been issued to correct an error in connection with
BILLING CODE 8011–01–P the March 2017 notice. investment company, seeks an order
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Document Created: 2017-05-04 01:48:54
Document Modified: 2017-05-04 01:48:54
| 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 | 82 FR 20928 |
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