
[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Notices]
[Pages 63543-63547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22153]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78804; File No. SR-NYSEMKT-2016-58]


Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting 
Proceedings to Determine Whether To Approve or Disapprove Proposed Rule 
Change, as Modified by Amendment No. 1, 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

September 9, 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

[[Page 63544]]

of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule 
change to amend the listing rules applicable to the shares (``Shares'') 
of the Nuveen Diversified Commodity Fund and the Nuveen Long/Short 
Commodity Total Return Fund (collectively, ``Funds''), which the 
Exchange currently lists and trades. The Commission published notice of 
the proposed rule change in the Federal Register on June 13, 2016.\3\ 
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the proposed rule change, which replaced and superseded the proposed 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\ The Commission received one comment 
on the proposed rule change.\7\ This order institutes proceedings under 
Section 19(b)(2)(B) of the Act \8\ to determine whether to approve or 
disapprove the proposed rule change, as modified by Amendment No. 1.
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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.
    \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\ In Amendment No. 1, the Exchange amended Commentary .01 to 
Exchange Rule 1602 to add the following new text: (1) All statements 
and representations contained in such proposal regarding (a) the 
description of the portfolio holdings, (b) limitations on portfolio 
holdings, or (c) the applicability of Exchange rules and 
surveillance procedures shall be complied with on a continuing basis 
and the issuer of such issue of Trust Units shall notify the 
Exchange of any material noncompliance with such statements and 
representations; and (2) the Exchange will consider the suspension 
of trading and delisting (if applicable) of an issue of Trust Units 
under Sections 1001 through 1010 of the NYSE MKT Company Guide if 
the issuer of such security notifies the Exchange of an event of 
material noncompliance. Amendment No. 1 is available at: https://www.nyse.com/publicdocs/nyse/markets/nyse-mkt/rule-filings/filings/2016/NYSEMKT-2016-58.pdf.
    \7\ See comment letter dated July 4, 2016, available at: https://www.sec.gov/comments/sr-nysemkt-2016-58/nysemkt201658-1.pdf.
    \8\ 15 U.S.C. 78s(b)(2)(B).
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I. The Exchange's Description of the Proposal \9\
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    \9\ For additional information regarding, among other things, 
the Funds, the Shares, investment strategies, risks, creation and 
redemption procedures, fees, portfolio holdings, disclosure 
policies, calculation of net asset value, distributions, taxes, see 
Amendment No. 1, supra note 6; Pre-Effective Amendment No. 1 to the 
registration statement on Form S-3 (File No. 333-205590), filed on 
November 30, 2015 (the Diversified Fund); and Pre-Effective 
Amendment No. 1 to the registration statement on Form S-3 (File No. 
333-205587), filed on November 30, 2015 (the Long/Short Fund).
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    The Exchange currently lists and trades the Shares pursuant to NYSE 
MKT Rules 1600 et seq. (Trading of Trust Units).\10\ To accommodate 
certain changes to the Funds discussed below, the Exchange proposes to 
amend NYSE MKT Rules 1600 et seq. and certain representations made in 
support of the listing rules for the Shares upon which the Prior Orders 
were conditioned.
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    \10\ See also Securities Exchange Act Release No. 61807 (March 
31, 2010), 75 FR 17818 (April 7, 2010) (SR-NYSEAmex-2010-09) (order 
approving listing and trading of shares of the Nuveen Diversified 
Commodity Fund) (``Prior Diversified Order''); and Securities 
Exchange Act Release No 67223 (June 20, 2012) (SR-NYSEAmex-2012-24) 
(order approving listing and trading of shares of the Nuveen Long/
Short Commodity Total Return Fund) (``Prior Long/Short Order'' and, 
together with the Prior Diversified Order, ``Prior Orders''). The 
Exchange was formerly known as NYSE Amex LLC.
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    Currently, the Funds are structured as actively managed closed-end 
commodity pools. On December 19, 2014, Nuveen Investments, parent 
company of Nuveen Commodities Asset Management, LLC (``Manager''), 
announced that it had approved a plan to convert the Funds into open-
end exchange-traded products (each such plan, a ``Conversion''), which 
would involve instituting processes for continual creation and 
redemption of the Shares at net asset value (``NAV'') on any business 
day. At meetings of shareholders in 2015, the shareholders of each Fund 
approved the Conversions. According to the Exchange, the purpose of the 
Conversions is to promote the trading of the Funds' Shares at prices 
equal to or near their NAV.\11\
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    \11\ Since the Conversion Plan Announcement, each Fund has 
traded at a reduced discount to NAV: from December 18, 2014, to 
March 9, 2016, the discount to NAV has been reduced for the 
Diversified Fund from 18.02% to 5.11% and for the Long/Short Fund 
from 19.80% to 3.75%. See Amendment No. 1, supra note 6, at 5, n.5.
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A. Amendments to NYSE MKT Rules 1600 et seq.

    Under NYSE MKT Rule 1600, a Trust Unit is a security that is issued 
by a trust (``Trust''), or other similar entity, that is constituted as 
a commodity pool and holds investments comprising, or otherwise based 
on, any combination of futures contracts, options on futures contracts, 
forward contracts, swap contracts, and/or commodities. The Exchange 
proposes to amend Rules 1600 et seq. in several respects.
    Among other things, the Exchange proposes to amend its Rule 
1600(b)(ii) by: (1) Allowing Trusts to invest in securities; and (2) 
providing that Trust Units be issued and redeemed continuously in 
specified aggregate amounts at the next determined NAV. The Exchange 
also proposes to amend Rule 1602(a)(ii) to provide that the Exchange 
will obtain a representation from the issuer of each series of Trust 
Units that the NAV and the ``Disclosed Portfolio'' \12\ will be made 
available to all market participants at the same time. Further, the 
Exchange proposes to amend Rule 1602(b)(ii) to provide that, if the 
Exchange becomes aware that the Disclosed Portfolio or NAV per share 
with respect to a series of Trust Units is not disseminated to all 
market participants at the same time, it will halt trading in such 
series until such time as the Disclosed Portfolio or NAV per share is 
available to all market participants.
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    \12\ ``Disclosed Portfolio'' is defined as the identities and 
quantities of the assets held by a Trust that will form the basis 
for that Trust's calculation of the NAV at the end of the business 
day. See proposed NYSE MKT Rule 1600(b)(iii).
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    The Exchange also proposes to provide in Rule 1602(b)(iii) that 
each series of Trust Units will be listed or traded subject to 
application of the following criteria: (1) The ``Intraday Indicative 
Value'' for shares \13\ will be widely disseminated by one or more 
major market data vendors at least every 15 seconds during the time 
when the Trust Units trade on the Exchange; (2) the Disclosed Portfolio 
will be disseminated at least once daily and will be made available to 
all market participants at the same time; and (3) the ``Reporting 
Authority'' that provides the Disclosed Portfolio must implement and 
maintain, or be subject to, procedures designed to prevent the use and 
dissemination of material, non-public information regarding the actual 
components of the portfolio.\14\
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    \13\ ``Intraday Indicative Value'' is defined as the estimated 
indicative value of a Trust Unit based on current information 
regarding the value of the assets in the Disclosed Portfolio. See 
proposed Rule 1600(b)(iv).
    \14\ Proposed Rule 1600(b)(v) defines ``Reporting Authority'' 
as, in respect of a particular series of Trust Units, the Exchange, 
an institution, or a reporting or information service designated by 
the Trust or the Exchange or by the exchange that lists a particular 
series of Trust Units (if the Exchange is trading such series 
pursuant to unlisted trading privileges) as the official source for 
calculating and reporting information relating to such series, 
including, but not limited to, (i) the Intraday Indicative Value, 
(ii) the Disclosed Portfolio, (iii) the amount of any cash 
distribution to holders of Trust Units, (iv) NAV, and (v) other 
information relating to the issuance, redemption, or trading of 
Trust Units. A series of Trust Units may have more than one 
Reporting Authority, each having different functions.
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    Moreover, the Exchange proposes in Commentary .04 to Rule 1600 
that, if a Trust's advisor is affiliated with a

[[Page 63545]]

broker-dealer, the broker-dealer shall erect a ``fire wall'' around the 
personnel who have access to information concerning changes and 
adjustments to the Disclosed Portfolio. Personnel who make decisions on 
the Trust's portfolio composition must be subject to procedures 
designed to prevent the use and dissemination of material non-public 
information regarding the applicable portfolio.

B. Descriptions of the Funds

    Each Fund currently is a commodity pool managed by the Manager. The 
Manager is a Delaware limited liability company that is registered as a 
commodity pool operator (``CPO'') with the Commodity Futures Trading 
Commission (``CFTC''). The Manager is a wholly-owned subsidiary of 
Nuveen Investments, Inc. (``Nuveen Investments''). The Manager is 
responsible for determining the Funds' overall investment strategies 
and overseeing their implementation. The Manager also manages the 
Funds' business affairs and provides certain legal, accounting, and 
other administrative services.
    Gresham Investment Management LLC (``Commodity Subadviser''), an 
affiliate of the Manager, manages each Fund's commodity futures 
investment strategy. The Commodity Subadviser is a Delaware limited 
liability company and is registered with the CFTC as a commodity 
trading advisor and as a CPO and is a member of the National Futures 
Association. Additionally, the Commodity Subadviser is registered with 
the Commission as an investment adviser under the Investment Advisers 
Act of 1940, as amended (``Advisers Act'').
    Nuveen Asset Management, LLC (``Collateral Subadviser'' and, 
together with the Commodity Subadviser, the ``Subadvisers''), an 
affiliate of the Manager, manages each Fund's investments in U.S. 
government securities, other short-term, high grade fixed income 
securities, and cash equivalents (``collateral''). The Collateral 
Subadviser is registered with the Commission as an investment adviser 
under the Advisers Act.
    State Street Bank and Trust Company serves as transfer agent, 
registrar for the Shares, and custodian and administrator of the assets 
of each Fund, pursuant to which it performs NAV calculations, 
accounting and other fund administrative services. After the 
Conversions, it also will receive and process orders from Authorized 
Participants to create and redeem Shares of each Fund.

C. Post-Conversion Changes and Amended Representations Regarding the 
Funds

    At the time of the Conversions, the Shares would be assigned new 
CUSIP numbers, and the name of the Funds would change: The name of the 
Diversified Fund would change to the NuShares Gresham Adaptive 
Commodity ETF, and the name of the Long/Short Fund would change to the 
NuShares Gresham Long/Short Commodity ETF. Currently, the Funds are not 
investment companies within the meaning of the Investment Company Act 
of 1940, as amended (``Investment Company Act''), and they would not 
become investment companies after the Conversions. The Manager would 
announce in advance the expected effective date of the Conversions via 
press releases and Form 8-K filings. Those press releases would include 
a summary of changes to the Funds that would occur in connection with 
the Conversions. The Exchange also would issue a notice to members 
approximately 10 days prior to the date of effectiveness of the 
Conversion, and another notice to members on the business day prior to 
the date Shares would trade under the new CUSIP.
    In connection with the Conversions, the Manager intends to 
implement additional changes to both Funds that the Manager believes 
will better align the Funds' features with their newly-adopted ETP 
structure. The charts below summarize those changes.

------------------------------------------------------------------------
           Before conversion                     After conversion
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                       Changes to Diversified Fund
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Fund name:
    Nuveen Diversified Commodity Fund..  NuShares Gresham Adaptive
                                          Commodity ETF.
Ticker:
    CFD................................  GAC.
Distribution Policy:
    Pays regular monthly distributions.  Discontinue regular monthly
                                          Distributions.
Share Repurchases:
    Active share repurchase program....  Discontinue share repurchase
                                          Program.
Investment Strategy:
    Long-only commodity strategy.......  Long-biased commodity strategy-
                                          weightings determined on a
                                          monthly basis; if the price of
                                          a commodity contract is higher
                                          than its six-month simple
                                          moving average, the commodity
                                          contract will be held at its
                                          target weight; conversely, if
                                          the price is below the six-
                                          month simple moving average,
                                          the commodity weight will be
                                          reduced by half.
    Invest in forwards.................  No longer invest in forwards.
    Option writing program.............  Discontinue option writing
                                          program.
    Collateral invested in cash          Collateral invested in U.S.
     equivalents, U.S. government         government securities, with
     securities and other short-term      terms not exceeding one year,
     high-grade debt securities,          and cash equivalents.
     including corporate debt, with
     terms not exceeding one year.
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                       Changes to Long/Short Fund
------------------------------------------------------------------------
Fund name:
    Nuveen Long/Short Commodity Total    NuShares Gresham Long/Short
     Return Fund.                         Commodity ETF.
Ticker:
    CTF................................  GLS.
Distribution Policy:
    Pays regular monthly distributions.  Discontinue regular monthly
                                          distributions.
Share Repurchases:

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    Active share repurchase Program....  Discontinue share repurchase
                                          Program.
Investment Strategy:
    Long/short commodity futures         Long/short commodity futures
     strategy based on the Morningstar    strategy based on the Gresham
     Long/Short Commodity Index.          Long/Short Commodity Index.
    Uses momentum-based model to         Long/short commodity strategy--
     calculate 12-month moving price      Momentum-based model will
     averages that are used to            employ shorter-term moving
     determine whether a commodity        averages (such as 6-months) to
     futures position is held long or     determine whether a commodity
     short.                               futures position in the Index
                                          is held long or short (or
                                          flat, for petroleum-related
                                          commodities). Weightings are
                                          determined on a monthly basis;
                                          if the price of a commodity
                                          contract is higher than its
                                          six-month simple moving
                                          average, the commodity is
                                          assigned a long position;
                                          conversely, if the price is
                                          below the six-month simple
                                          moving average, it is assigned
                                          a short position.
    Will not short energy futures--if    Will not short petroleum-based
     model signals to short energy        futures--if model signals to
     futures, positions will instead be   short petroleum-based futures,
     held ``flat'' (i.e., in cash).       positions will instead be held
                                          ``flat'' (i.e., in cash).
    Invest in forwards.................  No longer invest in forwards.
    Option writing program.............  Discontinue option writing
                                          program.
    Collateral invested in cash          Collateral invested in short-
     equivalents, U.S. government         term U.S. government
     securities and other short-term      securities and cash
     high-grade debt securities,          equivalents.
     including corporate debt, with
     terms not exceeding one year.
------------------------------------------------------------------------

    After the Conversions, each Fund's principal investments are not 
expected to change. Under normal market conditions,\15\ each Fund will 
continue to invest in (i) commodity futures contracts that provide 
exposure to the global commodity markets (``Commodity Futures'') listed 
on U.S. and non-U.S. futures exchanges \16\ having various expiration 
dates, and (ii) collateral consisting of U.S. government securities and 
cash equivalents, some of which are maintained on deposit with a Fund's 
commodity broker as margin, to collateralize a Fund's positions in the 
Commodity Futures. Moreover, as stated above, the Funds will not invest 
in forwards or options following the Conversions. In addition, each 
Fund's Commodity Futures investments will, at all times, be fully 
collateralized (i.e., the ``notional value''--the value of the 
underlying commodity at the contract's spot price--of the Fund's 
commodity exposure will not exceed the market value of the Fund's net 
assets).
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    \15\ With respect to each Fund, the term ``under normal market 
conditions'' includes, but is not limited to, the absence of extreme 
volatility or trading halts in the financial markets generally; 
operational issues causing dissemination of inaccurate market 
information; or force majeure type events such as a systems failure, 
natural or man-made disaster, act of God, armed conflict, act of 
terrorism, riot or labor disruption or any similar intervening 
circumstance.
    \16\ Each Fund would make investments in Commodity Futures in 
agriculture, energy, foods and fibers, industrial metals, livestock, 
and precious metals, and would take positions in Commodity Futures 
related to approximately 30 commodities. Each Fund would continue to 
allocate its investments to Commodity Futures pursuant to the 
Commodity Subadviser's proprietary strategy. See Amendment No. 1, 
supra note 6, at 17. Not more than 10% of the net assets of a Fund, 
in the aggregate, shall consist of futures contracts whose principal 
market is not a member of the Intermarket Surveillance Group 
(``ISG'') or with which the Exchange has in place a comprehensive 
surveillance sharing agreement. See Amendment No. 1, supra note 6, 
at 15, n.17.
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    Whereas in support of the Prior Orders the Exchange represented 
that 25% of each Fund's collateral will be committed as ``initial'' and 
``variation'' margin, the Funds now represent that, following the 
Conversions, approximately 10-25% of each Fund's collateral would be 
committed as initial and variation margin and be segregated pursuant to 
the Commodity Exchange Act, and the regulations thereunder, to secure 
the futures contract positions.\17\ The remaining 75-90% of a Fund's 
collateral (as opposed to a set 75%, as represented in support of the 
Prior Orders) would continue be held in a separate collateral 
investment account managed by the Collateral Subadviser. The eligible 
collateral investments would also change following the Conversion--the 
Funds would no longer invest in money market funds or repurchase 
agreements. Instead, they would invest in short-term U.S. government 
securities and cash equivalents.
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    \17\ Those assets would be held in a commodity futures account 
maintained by SG Americas Securities, LLC, the Funds' clearing 
broker, which serves as a futures commission merchant and broker-
dealer registered with the CFTC and the Commission.
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II. Proceedings To Determine Whether To Approve or Disapprove SR-
NYSEMKT-2016-58 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section 
19(b)(2)(B) of the Act \18\ to determine whether the proposed rule 
change, as modified by Amendment No. 1 should be approved or 
disapproved. Institution of such proceedings is appropriate at this 
time in view of the legal and policy issues raised by the proposed rule 
change. Institution of proceedings does not indicate that the 
Commission has reached any conclusions with respect to any of the 
issues involved. Rather, as described below, the Commission seeks and 
encourages interested persons to provide comments on the proposed rule 
change.
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    \18\ 15 U.S.C. 78s(b)(2)(B).
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    Pursuant to Section 19(b)(2)(B) of the Act,\19\ the Commission is 
providing notice of the grounds for disapproval under consideration. 
The Commission is instituting proceedings to allow for the submission 
of additional analysis regarding the proposed rule change's consistency 
with Section 6(b)(5) of the Act, which requires, among other things, 
that the rules of a national securities exchange be ``designed to 
prevent fraudulent and manipulative acts and practices, to promote just 
and equitable principles of trade,'' and ``to protect investors and the 
public interest.'' \20\
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    \19\ Id.
    \20\ 15 U.S.C. 78f(b)(5).
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    The pre-existing Shares after the Conversions would not be deemed 
new securities but would continue to trade on the Exchange without 
interruption. As discussed above, the Exchange states that: (1) Ahead 
of the Conversions, the Manager would announce via press releases and 
Form 8-K filings the expected effective date of the Conversions; (2) 
those press releases would include a summary of changes to the Funds 
that would occur in connection with the Conversions; (3) NYSE MKT would 
issue a notice to members approximately 10 days prior to the date of 
effectiveness of the

[[Page 63547]]

Conversion, and another notice to members on the business day prior to 
the date Shares would trade under the new CUSIP. Because the Shares 
will continue to be listed and traded on the Exchange without 
interruption as the Funds transition from a closed-end to an open-end 
structure, the Commission seeks comment on whether the Exchange's 
proposal is designed to sufficiently ensure that the trading of the 
Shares during the Conversions will be orderly and without undue market 
confusion or disruption.
    Separately, the Exchange proposes to amend Commentary .01 to its 
Rule 1602, which pertains to initial and continued listing requirements 
for Trust Units, to provide that ``the issuer of [an] issue of Trust 
Units shall notify the Exchange of any material noncompliance with 
[any] statements and representations'' and that ``the Exchange will 
consider suspending trading in and, if applicable, delisting of, an 
issue of Trust Units if the issuer of such security notifies the 
Exchange of material noncompliance'' (emphasis added). The Commission 
believes that it is critical that listed issues, including those of 
exchange traded products such as the Funds, comply with exchange 
listing standards on an ongoing basis and that listing exchanges 
rigorously enforce those rules. Accordingly, the Commission, seeks 
comment on whether the Exchange's proposed amendment to Commentary .01 
that proposes to ``consider'' suspension and delisting only for 
``material'' noncompliance of the Exchange's listing standards is 
consistent with Section 6(b)(5) of the Act, which, among other things, 
requires that the rules of an exchange be designed to prevent 
fraudulent and manipulative acts and practices, to promote just and 
equitable principles of trade, and to protect investors and the public 
interest.

III. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written 
submissions of their views, data, and arguments with respect to the 
issues identified above, as well as any other concerns they may have 
with the proposal. In particular, the Commission invites the written 
views of interested persons concerning whether the proposal is 
consistent with Section 6(b)(5) or any other provision of the Act, or 
the rules and regulations thereunder. Although there do not appear to 
be any issues relevant to approval or disapproval that would be 
facilitated by an oral presentation of views, data, and arguments, the 
Commission will consider, pursuant to Rule 19b-4, any request for an 
opportunity to make an oral presentation.\21\
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    \21\ Section 19(b)(2) of the Act, as amended by the Securities 
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the 
Commission flexibility to determine what type of proceeding--either 
oral or notice and opportunity for written comments--is appropriate 
for consideration of a particular proposal by a self-regulatory 
organization. See Securities Act Amendments of 1975, Senate Comm. on 
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st 
Sess. 30 (1975).
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    Interested persons are invited to submit written data, views, and 
arguments regarding whether the proposal should be approved or 
disapproved by October 6, 2016. Any person who wishes to file a 
rebuttal to any other person's submission must file that rebuttal by 
October 20, 2016. The Commission asks that commenters address the 
sufficiency of the Exchange's statements in support of the proposal, 
which are set forth in Amendment No. 1, in addition to any other 
comments they may wish to submit about the proposed rule change.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-NYSEMKT-2016-58 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Numbers SR-NYSEMKT-2016-58. 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 rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change 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 these filings also will be available 
for inspection and copying at the principal office of the Exchange. 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 SR-NYSEMKT-2016-58 and should 
be submitted on or before October 6, 2016. Rebuttal comments should be 
submitted by October 20, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(57).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-22153 Filed 9-14-16; 8:45 am]
BILLING CODE 8011-01-P


