[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Notices]
[Pages 95679-95680]
[FR Doc No: 2016-31306]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79645; File Nos. SR-NYSEMKT-2016-52 and SR-NYSEArca
2016-103]

Self-Regulatory Organizations; NYSE MKT LLC; NYSE Arca, Inc.;
Notice of Designation of a Longer Period for Commission Action on
Proceedings To Determine Whether To Approve or Disapprove Proposed Rule
Changes To Extend the Time Within Which a Member, Member Organization,
an ATP Holder, an OTP Holder, or an OTP Firm Must File a Uniform
Termination Notice for Securities Industry Registration (``Form U5'')
and Any Amendments Thereto

December 21, 2016.
    On June 16, 2016, NYSE MKT LLC (``NYSE MKT'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) \1\ of the Securities Exchange Act of 1934 (``Act'')
\2\ and Rule 19b-4 thereunder,\3\ a proposed rule change to extend the
time within which a member or member organization, or an Amex Trading
Permit Holder (``ATP Holder'') must file a Form U5, or any amendments
thereto. The proposed rule change was published for comment in

the Federal Register on July 7, 2016.\4\ On July 14, 2016, NYSE Arca,
Inc. (``NYSE Arca'') (NYSE MKT and NYSE Arca, each an ``Exchange'')
filed with the Commission, pursuant to Section 19(b)(1) \5\ of the Act
and Rule 19b-4 thereunder,\6\ a proposed rule change to extend the time
within which an Options Trading Permit Holder (``OTP Holder'') or
Options Trading Permit Firm (``OTP Firm'') must file a Form U5, or any
amendments thereto. The proposed rule change was published for comment
in the Federal Register on July 27, 2016.\7\ The Commission received
one comment letter regarding the proposals.\8\ The New York Stock
Exchange LLC (``NYSE''), on behalf of the Exchanges, responded to the
comment on August 12, 2016.\9\ On August 17, 2016 \10\ and September 1,
2016,\11\ the Commission designated a longer period for Commission
action on the respective proposed rule changes. On October 3, 2016, the
Commission received another comment regarding the proposals.\12\ On
October 5, 2016, the Commission instituted proceedings under Section
19(b)(2)(B) of the Act \13\ to determine whether to approve or
disapprove the proposed rule changes.\14\ The Commission received four
additional comment letters regarding the proposals.\15\ NYSE, on behalf
of the Exchanges, responded to the OIA Letter on October 25, 2016.\16\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 78198 (June 30,
2016), 81 FR 44363.
    \5\ 15 U.S.C. 78s(b)(1).
    \6\ 17 CFR 240.19b-4.
    \7\ See Securities Exchange Act Release No. 78381 (July 21,
2016), 81 FR 49286.
    \8\ See letter from Judith Shaw, President, North American
Securities Administrators Association, Inc. (``NASAA''), dated
August 3, 2016, to Brent J. Fields, Secretary, Securities and
Exchange Commission (``NASAA Letter''). While the NASAA Letter
addresses issues associated with the NYSE MKT proposal, the
Commission believes that the concerns raised by NASAA are equally
applicable to the two proposals addressed in this Notice.
    \9\ See letter from Elizabeth K. King, General Counsel and
Corporate Secretary, NYSE, dated August 12, 2016, to Brent J.
Fields, Secretary, Commission.
    \10\ See Securities Exchange Act Release No. 78598, 81 FR 57642
(August 23, 2016).
    \11\ See Securities Exchange Act Release No. 78755, 81 FR 62912
(September 8, 2016).
    \12\ See letter from Rick A. Fleming, Investor Advocate, and
Tracey L. McNeil, Ombudsman, Office of the Investor Advocate,
Commission, dated October 3, 2016, to Brent J. Fields, Secretary,
Commission (``OIA Letter'').
    \13\ 15 U.S.C. 78s(b)(2)(B).
    \14\ See Securities Exchange Act Release No. 79055, 81 FR 70460
(October 12, 2016).
    \15\ See letters from Kevin Zambrowicz, Associate General
Counsel, Securities Industry and Financial Markets Association,
dated October 19, 2016; Michele Van Tassel, President, Association
of Registration Management, November 4, 2016; Edwin L. Reed, Deputy
Director, Alabama Securities Commission, dated November 14, 2016;
and Mike Rothman, President, NASAA, dated November 16, 2016 (``NASAA
Letter 2''), to Brent J. Fields, Secretary, Commission. While the
NASAA Letter 2 addresses issues associated with the NYSEMKT
proposal, the Commission believes that the concerns raised by NASAA
are equally applicable to the two proposals addressed in this
Notice.
    \16\ See letter from Elizabeth K. King, General Counsel and
Corporate Secretary, NYSE, dated October 26, 2016, to Brent J.
Fields, Secretary, Commission.
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    Section 19(b)(2) of the Act \17\ 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. For
proposed rule change SR-NYSEMKT-2016-52, January 3, 2017 and March 4,
2017 are 180 days and 240 days, respectively, from July 7, 2016, the
date that the proposed rule change was published for notice and comment
in the Federal Register. For proposed rule change SR-NYSEArca 2016-103,
January 23, 2017, and March 24, 2017, are 180 days and 240 days,
respectively from July 27, 2016, the date that the proposed rule change
was published for comment in the Federal Register.
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    \17\ 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 changes so that it has sufficient time to consider the proposed
rule changes and the comments received.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act \18\ designates, for SR-NYSEMKT-2016-52 and SR-NYSEArca-2106-103,
March 4, 2017 and March 24, 2017, respectively, as the dates by which
the Commission shall either approve or disapprove the proposed rule
changes.
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    \18\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(57).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-31306 Filed 12-27-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: December 15, 2005 (Volume 70, Number 240)]
[Notices]
[Page 74381-74382]
[DOCID:fr15de05-99]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IA-2459 / 803-182]

Riverton Management, Inc.; Notice of Application

December 9, 2005.
AGENCY: Securities and Exchange Commission (``SEC'').

ACTION: Notice of Application for Exemption under the Investment
Advisers Act of 1940 (``Advisers Act'').

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Applicant: Riverton Management, Inc. (``Applicant'').

Relevant Advisers Act Sections: Exemption requested under section
202(a)(11)(F) from section 202(a)(11).

Summary of Application: Applicant requests that the SEC issue an order
declaring it and its employees acting within the scope of their
employment to be persons not within the intent of section 202(a)(11),
which defines the term ``investment adviser.''

Filing Dates: The application was filed on March 23, 2005, and amended
on November 14, 2005.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the SEC orders a hearing. Interested persons may
request a hearing by writing to the SEC's Secretary and serving
Applicant with a copy of the request, personally or by mail. Hearing
requests should be received by the SEC by 5:30 p.m. on January 5, 2006
and should be accompanied by proof of service on Applicant, in the form
of an affidavit or, for lawyers, a certificate of service. Hearing
requests should state the nature of the writer's interest, the reason
for the request, and the issues contested. Persons may request
notification of a hearing by writing to the SEC's Secretary.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-9303. Applicant, Riverton Management, Inc.,
c/o Steven R. Kruger, Esq. or Charles C. Berquist, Esq., Best &
Flanagan LLP, 225 South Sixth Street, Suite 4000, Minneapolis,
Minnesota 55402.

FOR FURTHER INFORMATION CONTACT: Catherine E. Marshall, Senior Counsel,
or Jennifer Sawin, Assistant Director, at<PHONE_NUMBER> (Division of
Investment Management, Office of Investment Adviser Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
SEC's Public Reference Branch.

Applicant's Representations

    1. Applicant was incorporated in 2001 to serve as a ``family
office'' for the members of the Jerome family and their investments and
businesses.
    2. Applicant provides investment advisory services to: (i) Wallace
Jerome, the lineal descendants of Wallace and Marion Jerome and spouses
of those lineal descendants (the ``Jerome Family''); and (ii) trusts
all of the primary beneficiaries of which are members of the Jerome
Family, charitable trusts and foundations created by members of the
Jerome Family, and for-profit organizations (including family
investment partnerships) that are wholly-owned directly and indirectly
by members of the Jerome Family and/or by the trusts, charitable trusts
and foundations described above (each of which is a ``Jerome Family
Entity'').
    3. Applicant's investment advisory services include: discretionary
hiring, supervising and terminating of third-party registered
investment advisers; reviewing performance data and preparing reports;
monitoring and adjusting asset allocations; and advising on the
purchase and sale of mutual funds (the ``Advisory Services'').
Applicant will provide Advisory Services only to members of the Jerome
Family and to Jerome Family Entities (``Advisory Clients''). Applicant
represents that the Advisory Services currently are performed primarily
for three family investment partnerships and that sometimes it provides
Advisory

Services to individual members of the Jerome Family.\1\
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    \1\ Applicant states that each of the family investment
partnerships that is a Jerome Family Entity is and will be owned by
not more than 100 persons, will not make a public offering of its
securities, and will come within the exception to the definition of
``investment company'' provided in section 3(c)(1) of the Investment
Company Act of 1940.
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    4. Applicant states that only 16 percent of the total estimated
hours worked by all of its employees are spent providing Advisory
Services to Advisory Clients. Applicant also provides non-advisory
services to members of the Jerome Family, Jerome Family Entities, and
other controlled Jerome Family businesses. Applicant's non-advisory
services include: direct management of real estate parcels owned by the
Jerome Family's real estate limited partnerships; direct management of
auto dealerships owned by the Jerome Family and two key employees; tax
planning; trust administration; cash flow planning; estate planning;
coordination of banking and other financial accounts; and miscellaneous
bookkeeping and administrative services.
    5. Applicant represents that the fees received for Advisory
Services are not designed to generate a profit.
    6. Applicant is owned exclusively by members of the Jerome Family,
and its Board of Directors is composed exclusively of members of the
Jerome Family.
    7. Applicant represents that it will not hold itself out to the
public as an investment adviser. Applicant represents that it is not
listed in any phone book or any other directory as an investment
adviser. Applicant further represents that it does not engage in
advertising or marketing activities, and that it will not solicit or
accept as an advisory client any person who is not a member of the
Jerome Family or a Jerome Family Entity.

Applicant's Legal Analysis

    1. Section 202(a)(11) of the Advisers Act defines the term
``investment adviser'' to mean ``any person who, for compensation,
engages in the business of advising others, either directly or through
publications or writings, as to the value of securities or as to the
advisability of investing in, purchasing, or selling securities, or
who, for compensation and as part of a regular business, issues or
promulgates analyses or reports concerning securities * * *.'' Section
202(a)(11)(F) of the Advisers Act authorizes the SEC to exclude from
the definition of ``investment adviser'' persons not within the intent
of section 202(a)(11).
    2. Section 203(b) of the Advisers Act provides exemptions from
registration under section 203(a). Applicant represents that it does
not qualify for any of the exemptions from registration provided by
section 203(b) and that it is not prohibited from registering with the
SEC under section 203A.
    3. Applicant requests that the SEC issue an order pursuant to
section 202(a)(11)(F) declaring it, and its employees acting within the
scope of their employment, to be persons not within the intent of
section 202(a)(11).
    4. Applicant asserts that there is no public interest in requiring
Applicant to be registered under the Advisers Act because there is
substantial overlap between the persons who control Applicant and the
persons who receive Advisory Services from Applicant and because there
are no members of the general public who will be receiving Advisory
Services and whose interests need protection. Applicant states that it
is a private organization that was formed to provide ``family office''
services for clients, consisting exclusively of members of the Jerome
Family and Jerome Family controlled entities. Applicant further states
that all of its outstanding stock is owned by members of the Jerome
Family and that its Board of Directors consists of five persons who are
members of the Jerome Family. Applicant also states that: it does not
hold itself out to the public as an investment adviser; does not engage
in any advertising; will not offer or provide Advisory Services to
persons other than Advisory Clients, all of whom are either members of
the Jerome Family or Jerome Family Entities; and its services as a
``family office'' will remain its exclusive function.

    For the SEC, by the Division of Investment Management, under
delegated authority.
Jonathan G. Katz,
Secretary.
 [FR Doc. E5-7363 Filed 12-14-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Notices]
[Page 66009]
[FR Doc No: 2016-23158]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC16-182-000.
    Applicants: Llano Estacado Wind, LLC, Northern Iowa Windpower, LLC.
    Description: Application for FPA Section 203 authorization of Llano
Estacado Wind, LLC, and Northern Iowa Windpower, LLC.
    Filed Date: 9/15/16.
    Accession Number: 20160915-5135.
    Comments Due: 5 p.m. ET 10/6/16.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG16-150-000.
    Applicants: Pavant Solar II LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Pavant Solar II LLC.
    Filed Date: 9/15/16.
    Accession Number: 20160915-5099.
    Comments Due: 5 p.m. ET 10/6/16.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-3246-010; ER11-2044-020; ER10-2475-016; ER10-
2474-016; ER12-162-017; ER15-2211-008; ER11-3876-020; ER13-520-008;
ER13-521-008; ER13-1441-008; ER13-1442-008; ER12-1626-009; ER13-1266-
011; ER13-1267-008; ER13-1268-008; ER13-1269-008; ER13-1270-008; ER13-
1271-008; ER13-1272-008; ER13-1273-008; ER10-2611-018; ER10-2605-012;
ER16-438-003; ER16-1258-001; ER12-922-004.
    Applicants: PacifiCorp, MidAmerican Energy Company, Nevada Power
Company, Sierra Pacific Power Company, Bishop Hill Energy II LLC,
MidAmerican Energy Services, LLC, Cordova Energy Company LLC, Pinyon
Pines Wind I, LLC, Pinyon Pines Wind II, LLC, Solar Star California
XIX, LLC, Solar Star California XX, LLC, Topaz Solar Farms LLC,
CalEnergy, LLC, CE Leathers Company, Del Ranch Company, Elmore Company,
Fish Lake Power LLC, Salton Sea Power Generation Company, Salton Sea
Power L.L.C., Vulcan/BN Geothermal Power Company, Saranac Power
Partners, L.P., Yuma Cogeneration Associates, Marshall Wind Energy LLC,
Grande Prairie Wind, LLC, Phillips 66 Company.
    Description: Notice of Change in Status of PacifiCorp, et. al.
    Filed Date: 9/14/16.
    Accession Number: 20160914-5192.
    Comments Due: 5 p.m. ET 10/5/16.

    Docket Numbers: ER16-2594-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Amended SGIA Lancaster
Little Rock C Project to be effective 11/16/2016.
    Filed Date: 9/15/16.
    Accession Number: 20160915-5122.
    Comments Due: 5 p.m. ET 10/6/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 15, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-23158 Filed 9-23-16; 8:45 am]
 BILLING CODE 6717-01-P