80_FR_26680 80 FR 26591 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting Proceedings To Determine Whether To Approve or Disapprove Proposed Rule Change Amending NYSE Arca Equities Rule 5.2(j)(3), Commentary .02 Relating to the Listing of Investment Company Units Based on Municipal Bond Indexes

80 FR 26591 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting Proceedings To Determine Whether To Approve or Disapprove Proposed Rule Change Amending NYSE Arca Equities Rule 5.2(j)(3), Commentary .02 Relating to the Listing of Investment Company Units Based on Municipal Bond Indexes

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 89 (May 8, 2015)

Page Range26591-26593
FR Document2015-11057

Federal Register, Volume 80 Issue 89 (Friday, May 8, 2015)
[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Notices]
[Pages 26591-26593]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11057]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74863; File No. SR-NYSEArca-2015-01]


Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting 
Proceedings To Determine Whether To Approve or Disapprove Proposed Rule 
Change Amending NYSE Arca Equities Rule 5.2(j)(3), Commentary .02 
Relating to the Listing of Investment Company Units Based on Municipal 
Bond Indexes

May 4, 2015.
    On January 16, 2015, NYSE Arca, Inc. (``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 amend NYSE Arca 
Equities Rule 5.2(j)(3), Commentary .02 to accommodate the listing of 
certain Investment Company Units based on municipal bond indexes. The 
proposed rule change was published for comment in the Federal Register 
on February 4, 2015.\3\ On March 19, 2015, 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\ The Commission received no comment letters on 
the proposed rule change. This order institutes proceedings under 
Section 19(b)(2)(B) of the Act \6\ to determine whether to approve or 
disapprove the proposed rule change.
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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. 74175 (Jan. 29, 
2015), 80 FR 6150 (``Notice'').
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 74534, 80 FR 15834 
(Mar. 25, 2015). The Commission designated a longer period within 
which to take action on the proposed rule change and designated May 
5, 2015, as the date by which it should approve, disapprove, or 
institute proceedings to determine whether to disapprove the 
proposed rule change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

I. Description of the Exchange's Proposal \7\
---------------------------------------------------------------------------

    \7\ A complete description of the proposal can be found in the 
Notice. See Notice, supra note 3.
---------------------------------------------------------------------------

    NYSE Arca Equities Rule 5.2(j)(3) permits the listing and trading 
of Investment Company Units (``Units'').\8\

[[Page 26592]]

Commentary .02 to NYSE Arca Equities Rule 5.2(j)(3) permits the listing 
and trading of a series of Units pursuant to Rule 19b-4(e) under the 
Act \9\ based on an underlying index or portfolio of ``Fixed Income 
Securities'' \10\ meeting specified criteria.\11\ These ``generic'' 
listing criteria permit, without Commission approval pursuant to 
Section 19(b)(2) of the Act,\12\ the listing and trading on the 
Exchange of a series of Units meeting such criteria.
---------------------------------------------------------------------------

    \8\ An ``Investment Company Unit'' is a security that represents 
an interest in a registered investment company that holds securities 
comprising, or otherwise based on or representing an interest in, an 
index or portfolio of securities (or holds securities in another 
registered investment company that holds securities comprising, or 
otherwise based on or representing an interest in, an index or 
portfolio of securities). See NYSE Arca Equities Rule 5.2(j)(3)(A).
    \9\ See 17 CFR 240.19b-4(e).
    \10\ ``Fixed Income Securities'' are described in NYSE Arca 
Equities Rule 5.2(j)(3), Commentary .02 as debt securities that are 
notes, bonds, debentures or evidence of indebtedness that include, 
but are not limited to, U.S. Department of Treasury securities, 
government-sponsored entity securities, municipal securities, trust 
preferred securities, supranational debt and debt of a foreign 
country or a subdivision thereof.
    \11\ See Securities Exchange Act Release No. 55783 (May 17, 
2007), 72 FR 29194 (May 24, 2007) (SR-NYSEArca-2007-36) (order 
approving generic listing standards for series of Units based on 
Fixed Income Indexes).
    \12\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    Commentary .02(a)(2) to NYSE Arca Equities Rule 5.2(j)(3) provides 
that, to be listed and traded pursuant to Rule 19b-4(e) under the Act, 
components of an index or portfolio underlying a series of Units, in 
the aggregate, that account for at least 75% of the weight of the index 
or portfolio each shall have a minimum original principal amount 
outstanding of $100 million or more. The Exchange proposes to amend 
this generic listing criterion to accommodate the listing of Units 
based on indexes or portfolios that include municipal bonds.\13\
---------------------------------------------------------------------------

    \13\ The Commission previously has approved proposed rule 
changes relating to listing and trading on the Exchange of Units 
based on municipal bond indexes. See, e.g., Securities Exchange Act 
Release No. 72523, (July 2, 2014), 79 FR 39016 (July 9, 2014) (SR-
NYSEArca-2014-37) (order approving proposed rule change relating to 
the listing and trading of the iShares 2020 S&P AMT-Free Municipal 
Series under NYSE Arca Equities Rule 5.2(j)(3), Commentary .02). See 
also Notice, supra note 3, 80 FR at 6151, n.9.
---------------------------------------------------------------------------

    Specifically, the Exchange proposes to amend NYSE Arca Equities 
Rule 5.2(j)(3), Commentary .02(a)(2) to state that components that, in 
the aggregate, account for at least 75% of the weight of an index or 
portfolio shall: (A) Each shall have a minimum original principal 
amount outstanding of $100 million or more; or (B) if a municipal bond 
component, such component shall be issued in an offering with an 
aggregate size, as set forth in the offering's official statement, of 
$100 million or more. Accordingly, if an individual municipal bond 
component of an index or portfolio has an amount outstanding of less 
than $100 million, Units based on such an index or portfolio could 
still meet the generic listing standard if the municipal bond component 
were part of an overall municipal bond offering of $100 million or 
more.
    The Exchange provides that it is appropriate to calculate 
components of a municipal bond index differently from other Fixed 
Income Securities. Principally, the Exchange states that municipal 
bonds are issued with either ``serial'' or ``term'' maturities or some 
combination thereof. The official statement issued in connection with a 
municipal bond offering describes the terms of the component bonds and 
the issuer and/or obligor on the related bonds. Such an offering is 
comprised of a number of specific maturity sizes, but the entire issue 
or offering receives the same credit rating. Further, the entire issue 
or offering is based on a specified project or group of related 
projects and funded by the same revenue or other funding sources.
    According to the Exchange, because the individual municipal bond 
components of an index or portfolio may predominantly have maturities 
of less than $100 million outstanding (although part of a municipal 
bond offering of $100 million or greater), if only individual maturity 
sizes are considered, Units based on a municipal bond index may not 
qualify to be listed under the generic listing standards. Accordingly, 
the Exchange believes the proposed amendment to Commentary .02(a)(2) 
would facilitate the listing of Units based on municipal bond indexes 
by permitting the Exchange, in applying its generic listing criteria, 
to take into account the aggregate size of the municipal bond offering.
    The Exchange states that consideration of the aggregate size of the 
municipal bond offering, rather than the individual bond component, 
does not raise concerns regarding pricing or liquidity of the 
applicable municipal bond index components or of the Units overlying 
the applicable index. The Exchange states that, within a single 
municipal bond issuer, there are often multiple contemporaneous or 
sequential issuances that have the same credit rating, structure, and 
maturity. According to the Exchange, although these separate issues 
have different CUSIPs, because individual maturities share a number of 
important features, including credit rating and the purpose and terms 
of the offering as set forth in the applicable official statement, for 
investment purposes, they can be expected to be relatively fungible to 
one another. Accordingly, the Exchange believes that the proposed rule 
change is reasonable and appropriate because the pricing and liquidity 
of such maturity sizes is predominately based on the common 
characteristics of the aggregate issue.
    The Exchange also notes that major municipal bond indexes, while 
they include individual bond maturities as index components, include 
``deal size'' as a factor in the criteria for index constituents and 
additions.\14\ Finally, the Exchange also provides that the Commission 
previously has approved the listing and trading of Units where the 
applicable municipal index components did not individually meet the 75% 
requirement of NYSE Arca Equities Rule 5.2(j)(3), Commentary 
.02(a)(2).\15\
---------------------------------------------------------------------------

    \14\ In its proposal, the Exchange cites to the S&P National 
AMT-Free Municipal Bond Index, the Barclays Capital Investment-Grade 
Municipal Index, Barclays Capital High-Yield Municipal Index, and 
the Barclays Capital Enhanced State Specific Indices. See Notice, 
supra note 3, 80 FR at 6151.
    \15\ See supra note 13.
---------------------------------------------------------------------------

II. Proceedings To Determine Whether To Approve or Disapprove SR-
NYSEArca-2015-01 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section 
19(b)(2)(B) of the Act \16\ to determine whether the proposed rule 
change 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.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\17\ the Commission is 
providing notice of the grounds for disapproval under consideration. 
The Commission is instituting proceedings to allow for additional 
analysis of 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.'' \18\
---------------------------------------------------------------------------

    \17\ Id.
    \18\ 15 U.S.C. 78f(b)(5).

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

[[Page 26593]]

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.\19\
---------------------------------------------------------------------------

    \19\ 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).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and 
arguments regarding whether the proposal should be approved or 
disapproved by May 29, 2015. Any person who wishes to file a rebuttal 
to any other person's submission must file that rebuttal by June 12, 
2015.
    The Commission asks that commenters address the sufficiency of the 
Exchange's statements in support of the proposal, which are set forth 
in the Notice,\20\ in addition to any other comments they may wish to 
submit about the proposed rule change. In particular, the Exchange 
concludes that individual CUSIPs comprising the municipal bond offering 
can be expected to be relatively fungible to one another and that 
consideration of the aggregate size of the municipal bond offering, 
rather than the individual bond component, does not raise concerns 
regarding pricing or liquidity of the applicable municipal bond index 
components or of the Units overlying the applicable index. With respect 
to these conclusions, the Commission seeks comment on whether the 
generic listing criterion proposed to be amended would continue to 
serve to ensure that the underlying securities of these fixed income 
indexes are sufficiently liquid and price-transparent, and that, when 
applied in conjunction with the other applicable generic listing 
requirements, would minimize potential manipulation.
---------------------------------------------------------------------------

    \20\ See supra note 3.
---------------------------------------------------------------------------

    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 [email protected]. Please include 
File Number SR-NYSEArca-2015-01 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-NYSEArca-2015-01. 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-NYSEArca-2015-01 and should 
be submitted on or before May 29, 2015. Rebuttal comments should be 
submitted by June 12, 2015.
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    \21\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
Brent J. Fields,
Secretary.
[FR Doc. 2015-11057 Filed 5-7-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                      Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Notices                                                    26591

                                                    Observational Medical Outcomes                          stakeholder group represented by                      SECURITIES AND EXCHANGE
                                                    Partnership (OMOP).                                     Steering Committee seat, or                           COMMISSION
                                                      IMEDS’s primary objective is to                       understanding of issues around use of
                                                    advance the science and tools necessary                                                                       [Release No. 34–74863; File No. SR–
                                                                                                            electronic health data for observational              NYSEArca–2015–01]
                                                    to support post-market evidence                         purposes.
                                                    generation on regulated products,                                                                             Self-Regulatory Organizations; NYSE
                                                    including safety surveillance and                         d. Individuals both with and without
                                                                                                            past experience in Mini-Sentinel,                     Arca, Inc.; Order Instituting
                                                    evaluations, and to facilitate utilization                                                                    Proceedings To Determine Whether To
                                                    of a robust electronic healthcare data                  OMOP, and similar research/regulatory
                                                                                                            science initiatives to ensure a diversity             Approve or Disapprove Proposed Rule
                                                    platform for generating better evidence                                                                       Change Amending NYSE Arca Equities
                                                    on regulated products in the post-                      of perspectives.
                                                                                                                                                                  Rule 5.2(j)(3), Commentary .02 Relating
                                                    market settings. To accomplish this                       e. Individuals from both U.S.- and                  to the Listing of Investment Company
                                                    objective, the IMEDS program includes                   international-based institutions.                     Units Based on Municipal Bond
                                                    three projects:                                                                                               Indexes
                                                      1. IMEDS-Methods: Supports the                        III. Terms of Service
                                                    development of a methods research                                                                             May 4, 2015.
                                                    agenda and coordination of methods                         • The IMEDS Steering Committee
                                                                                                                                                                     On January 16, 2015, NYSE Arca, Inc.
                                                    research in support of using electronic                 meets in-person at least twice per year,
                                                                                                                                                                  (‘‘Exchange’’) filed with the Securities
                                                    health data for safety surveillance                     with bimonthly teleconferences in                     and Exchange Commission
                                                    conducted by FDA as well as the                         between meetings (or monthly                          (‘‘Commission’’), pursuant to Section
                                                    broader community of researchers.                       teleconferences as deemed necessary by                19(b)(1) of the Securities Exchange Act
                                                      2. IMEDS-Education: Offers                            the Chair).                                           of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                    educational opportunities in areas                         • Members serve two-year terms, and                thereunder,2 a proposed rule change to
                                                    related to medical product safety                       a maximum of two terms (based on                      amend NYSE Arca Equities Rule
                                                    surveillance, and methods research and                  IMEDS fiscal calendar).                               5.2(j)(3), Commentary .02 to
                                                    application for scientific professionals.                                                                     accommodate the listing of certain
                                                      3. IMEDS-Evaluation: Applies                             • Members do not receive
                                                                                                                                                                  Investment Company Units based on
                                                    Methods and Education lessons learned                   compensation from RUF.
                                                                                                                                                                  municipal bond indexes. The proposed
                                                    for medical product assessments to                         • Members can be reimbursed by RUF                 rule change was published for comment
                                                    facilitate leveraging Sentinel tools and                for actual and reasonable expenses                    in the Federal Register on February 4,
                                                    capabilities toward a national resource                 incurred in support of IMEDS in                       2015.3 On March 19, 2015, pursuant to
                                                    for evidence generation.                                accordance with applicable law and                    Section 19(b)(2) of the Act,4 the
                                                      The IMEDS Steering Committee will                     their specific institutional policies.                Commission designated a longer period
                                                    have oversight of all IMEDS projects.
                                                                                                               • Members are subject to the IMEDS                 within which to approve the proposed
                                                    II. IMEDS Steering Committee Positions                  Conflict of Interest policies.                        rule change, disapprove the proposed
                                                    and Selection Criteria                                                                                        rule change, or institute proceedings to
                                                       RUF is seeking nominations for two                   IV. Nomination Instructions                           determine whether to disapprove the
                                                    (2) voting members of the IMEDS                                                                               proposed rule change.5 The Commission
                                                                                                               • To apply, please submit the                      received no comment letters on the
                                                    Steering Committee listed below.                        nominee’s CV and the nomination form
                                                       1. At Large (excluding Pharmaceutical                                                                      proposed rule change. This order
                                                                                                            that can be found on the IMEDS Web                    institutes proceedings under Section
                                                    representative): 1 member.
                                                       2. Provider (i.e., Clinician): 1 member.             site: imeds.reaganudall.org, to IMEDS@                19(b)(2)(B) of the Act 6 to determine
                                                       The following criteria will be used to               reaganudall.org with ‘‘SC Nomination’’                whether to approve or disapprove the
                                                    evaluate nominees for the IMEDS                         in the subject line.                                  proposed rule change.
                                                    Steering Committee.                                        • Individuals may be nominated for                 I. Description of the Exchange’s
                                                       1. Required Criteria for Each of 2                   one or more of the 2 voting positions,
                                                    Positions                                                                                                     Proposal 7
                                                                                                            and those making nominations should
                                                       a. Currently employed by/                            specify for which of the 2 voting                        NYSE Arca Equities Rule 5.2(j)(3)
                                                    volunteering for stakeholder field (e.g.,                                                                     permits the listing and trading of
                                                                                                            positions the nominee is being
                                                    academia, patient advocate, provider                                                                          Investment Company Units (‘‘Units’’).8
                                                                                                            nominated.
                                                    etc.) with several years of relevant
                                                    experience.                                                • Individuals may nominate                           1 15  U.S.C. 78s(b)(1).
                                                       b. Leading expert in their relevant                  themselves.                                             2 17  CFR 240.19b–4.
                                                                                                                                                                     3 See Securities Exchange Act Release No. 74175
                                                    field (based on position/title,                           Dated: May 4, 2015.                                 (Jan. 29, 2015), 80 FR 6150 (‘‘Notice’’).
                                                    publications, or other experience).
                                                       2. Criteria across Steering Committee                Jane Reese-Coulbourne,                                   4 15 U.S.C. 78s(b)(2).
                                                                                                                                                                     5 See Securities Exchange Act Release No. 74534,
                                                    (It is not a requirement that all                       Executive Director, Reagan-Udall Foundation
                                                                                                                                                                  80 FR 15834 (Mar. 25, 2015). The Commission
                                                    nominees meet all of these criteria, but                for the FDA.                                          designated a longer period within which to take
                                                    collectively, the Steering Committee                    [FR Doc. 2015–11075 Filed 5–7–15; 8:45 am]            action on the proposed rule change and designated
                                                    members should meet them.)                              BILLING CODE 4164–04–P
                                                                                                                                                                  May 5, 2015, as the date by which it should
                                                                                                                                                                  approve, disapprove, or institute proceedings to
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                       a. Ability to complete Steering                                                                            determine whether to disapprove the proposed rule
                                                    Committee responsibilities (which can                                                                         change.
                                                    be accessed via the IMEDS Web site:                                                                              6 15 U.S.C. 78s(b)(2)(B).

                                                    http://imeds.reaganudall.org/                                                                                    7 A complete description of the proposal can be

                                                    governance.)                                                                                                  found in the Notice. See Notice, supra note 3.
                                                                                                                                                                     8 An ‘‘Investment Company Unit’’ is a security
                                                       b. Prior experience serving on a
                                                                                                                                                                  that represents an interest in a registered
                                                    related or similar governance body.                                                                           investment company that holds securities
                                                       c. Understanding of post-market                                                                            comprising, or otherwise based on or representing
                                                    surveillance landscape and impact upon                                                                                                                  Continued




                                               VerDate Sep<11>2014   16:38 May 07, 2015   Jkt 235001   PO 00000   Frm 00070   Fmt 4703   Sfmt 4703   E:\FR\FM\08MYN1.SGM   08MYN1


                                                    26592                               Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Notices

                                                    Commentary .02 to NYSE Arca Equities                      bond component of an index or                        another. Accordingly, the Exchange
                                                    Rule 5.2(j)(3) permits the listing and                    portfolio has an amount outstanding of               believes that the proposed rule change
                                                    trading of a series of Units pursuant to                  less than $100 million, Units based on               is reasonable and appropriate because
                                                    Rule 19b–4(e) under the Act 9 based on                    such an index or portfolio could still               the pricing and liquidity of such
                                                    an underlying index or portfolio of                       meet the generic listing standard if the             maturity sizes is predominately based
                                                    ‘‘Fixed Income Securities’’ 10 meeting                    municipal bond component were part of                on the common characteristics of the
                                                    specified criteria.11 These ‘‘generic’’                   an overall municipal bond offering of                aggregate issue.
                                                    listing criteria permit, without                          $100 million or more.                                   The Exchange also notes that major
                                                    Commission approval pursuant to                              The Exchange provides that it is                  municipal bond indexes, while they
                                                    Section 19(b)(2) of the Act,12 the listing                appropriate to calculate components of               include individual bond maturities as
                                                    and trading on the Exchange of a series                   a municipal bond index differently from              index components, include ‘‘deal size’’
                                                    of Units meeting such criteria.                           other Fixed Income Securities.                       as a factor in the criteria for index
                                                       Commentary .02(a)(2) to NYSE Arca                      Principally, the Exchange states that                constituents and additions.14 Finally,
                                                    Equities Rule 5.2(j)(3) provides that, to                 municipal bonds are issued with either               the Exchange also provides that the
                                                    be listed and traded pursuant to Rule                     ‘‘serial’’ or ‘‘term’’ maturities or some            Commission previously has approved
                                                    19b–4(e) under the Act, components of                     combination thereof. The official                    the listing and trading of Units where
                                                    an index or portfolio underlying a series                 statement issued in connection with a                the applicable municipal index
                                                    of Units, in the aggregate, that account                  municipal bond offering describes the                components did not individually meet
                                                    for at least 75% of the weight of the                     terms of the component bonds and the                 the 75% requirement of NYSE Arca
                                                    index or portfolio each shall have a                      issuer and/or obligor on the related                 Equities Rule 5.2(j)(3), Commentary
                                                    minimum original principal amount                         bonds. Such an offering is comprised of              .02(a)(2).15
                                                    outstanding of $100 million or more.                      a number of specific maturity sizes, but
                                                    The Exchange proposes to amend this                       the entire issue or offering receives the            II. Proceedings To Determine Whether
                                                    generic listing criterion to accommodate                  same credit rating. Further, the entire              To Approve or Disapprove SR–
                                                    the listing of Units based on indexes or                  issue or offering is based on a specified            NYSEArca–2015–01 and Grounds for
                                                    portfolios that include municipal                         project or group of related projects and             Disapproval Under Consideration
                                                    bonds.13                                                  funded by the same revenue or other                     The Commission is instituting
                                                       Specifically, the Exchange proposes to                 funding sources.                                     proceedings pursuant to Section
                                                    amend NYSE Arca Equities Rule                                According to the Exchange, because                19(b)(2)(B) of the Act 16 to determine
                                                    5.2(j)(3), Commentary .02(a)(2) to state                  the individual municipal bond                        whether the proposed rule change
                                                    that components that, in the aggregate,                   components of an index or portfolio                  should be approved or disapproved.
                                                    account for at least 75% of the weight                    may predominantly have maturities of                 Institution of such proceedings is
                                                    of an index or portfolio shall: (A) Each                  less than $100 million outstanding                   appropriate at this time in view of the
                                                    shall have a minimum original principal                   (although part of a municipal bond                   legal and policy issues raised by the
                                                    amount outstanding of $100 million or                     offering of $100 million or greater), if             proposed rule change. Institution of
                                                    more; or (B) if a municipal bond                          only individual maturity sizes are                   proceedings does not indicate that the
                                                    component, such component shall be                        considered, Units based on a municipal               Commission has reached any
                                                    issued in an offering with an aggregate                   bond index may not qualify to be listed              conclusions with respect to any of the
                                                    size, as set forth in the offering’s official             under the generic listing standards.                 issues involved. Rather, as described
                                                    statement, of $100 million or more.                       Accordingly, the Exchange believes the               below, the Commission seeks and
                                                    Accordingly, if an individual municipal                   proposed amendment to Commentary                     encourages interested persons to
                                                                                                              .02(a)(2) would facilitate the listing of            provide comments on the proposed rule
                                                    an interest in, an index or portfolio of securities (or   Units based on municipal bond indexes
                                                    holds securities in another registered investment                                                              change.
                                                                                                              by permitting the Exchange, in applying
                                                    company that holds securities comprising, or                                                                      Pursuant to Section 19(b)(2)(B) of the
                                                                                                              its generic listing criteria, to take into
                                                    otherwise based on or representing an interest in,                                                             Act,17 the Commission is providing
                                                    an index or portfolio of securities). See NYSE Arca       account the aggregate size of the
                                                                                                                                                                   notice of the grounds for disapproval
                                                    Equities Rule 5.2(j)(3)(A).                               municipal bond offering.
                                                       9 See 17 CFR 240.19b–4(e).
                                                                                                                 The Exchange states that                          under consideration. The Commission is
                                                       10 ‘‘Fixed Income Securities’’ are described in
                                                                                                              consideration of the aggregate size of the           instituting proceedings to allow for
                                                    NYSE Arca Equities Rule 5.2(j)(3), Commentary .02
                                                                                                              municipal bond offering, rather than the             additional analysis of the proposed rule
                                                    as debt securities that are notes, bonds, debentures                                                           change’s consistency with Section
                                                    or evidence of indebtedness that include, but are         individual bond component, does not
                                                    not limited to, U.S. Department of Treasury               raise concerns regarding pricing or                  6(b)(5) of the Act, which requires,
                                                    securities, government-sponsored entity securities,       liquidity of the applicable municipal                among other things, that the rules of a
                                                    municipal securities, trust preferred securities,
                                                                                                              bond index components or of the Units                national securities exchange be
                                                    supranational debt and debt of a foreign country or                                                            ‘‘designed to prevent fraudulent and
                                                    a subdivision thereof.                                    overlying the applicable index. The
                                                       11 See Securities Exchange Act Release No. 55783       Exchange states that, within a single                manipulative acts and practices, to
                                                    (May 17, 2007), 72 FR 29194 (May 24, 2007) (SR–           municipal bond issuer, there are often               promote just and equitable principles of
                                                    NYSEArca–2007–36) (order approving generic                multiple contemporaneous or sequential               trade,’’ and ‘‘to protect investors and the
                                                    listing standards for series of Units based on Fixed                                                           public interest.’’ 18
                                                    Income Indexes).                                          issuances that have the same credit
                                                       12 15 U.S.C. 78s(b)(2).                                rating, structure, and maturity.                       14 In its proposal, the Exchange cites to the S&P
                                                                                                              According to the Exchange, although
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                                                       13 The Commission previously has approved
                                                                                                                                                                   National AMT-Free Municipal Bond Index, the
                                                    proposed rule changes relating to listing and trading     these separate issues have different                 Barclays Capital Investment-Grade Municipal
                                                    on the Exchange of Units based on municipal bond          CUSIPs, because individual maturities                Index, Barclays Capital High-Yield Municipal
                                                    indexes. See, e.g., Securities Exchange Act Release                                                            Index, and the Barclays Capital Enhanced State
                                                    No. 72523, (July 2, 2014), 79 FR 39016 (July 9, 2014)     share a number of important features,
                                                                                                                                                                   Specific Indices. See Notice, supra note 3, 80 FR at
                                                    (SR–NYSEArca–2014–37) (order approving                    including credit rating and the purpose              6151.
                                                    proposed rule change relating to the listing and          and terms of the offering as set forth in              15 See supra note 13.
                                                    trading of the iShares 2020 S&P AMT-Free
                                                    Municipal Series under NYSE Arca Equities Rule
                                                                                                              the applicable official statement, for                 16 15 U.S.C. 78s(b)(2)(B).

                                                    5.2(j)(3), Commentary .02). See also Notice, supra        investment purposes, they can be                       17 Id.

                                                    note 3, 80 FR at 6151, n.9.                               expected to be relatively fungible to one              18 15 U.S.C. 78f(b)(5).




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                                                                                       Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Notices                                                 26593

                                                    III. Procedure: Request for Written                     applicable generic listing requirements,                For the Commission, by the Division of
                                                    Comments                                                would minimize potential                              Trading and Markets, pursuant to delegated
                                                                                                            manipulation.                                         authority.21
                                                       The Commission requests that                                                                               Brent J. Fields,
                                                    interested persons provide written                        Comments may be submitted by any
                                                                                                                                                                  Secretary.
                                                    submissions of their views, data, and                   of the following methods:
                                                                                                                                                                  [FR Doc. 2015–11057 Filed 5–7–15; 8:45 am]
                                                    arguments with respect to the issues
                                                    identified above, as well as any other                  Electronic Comments                                   BILLING CODE 8011–01–P

                                                    concerns they may have with the                           • Use the Commission’s Internet
                                                    proposal. In particular, the Commission                 comment form (http://www.sec.gov/                     SECURITIES AND EXCHANGE
                                                    invites the written views of interested                 rules/sro.shtml); or                                  COMMISSION
                                                    persons concerning whether the
                                                    proposal is consistent with Section                       • Send an email to rule-comments@                   [Release No. 34–74865; File No. SR–
                                                    6(b)(5) or any other provision of the Act,              sec.gov. Please include File Number SR–               NYSEARCA–2015–34]
                                                    or the rules and regulations thereunder.                NYSEArca–2015–01 on the subject line.
                                                    Although there do not appear to be any                                                                        Self-Regulatory Organizations; NYSE
                                                                                                            Paper Comments                                        Arca, Inc.; Notice of Filing and
                                                    issues relevant to approval or
                                                                                                                                                                  Immediate Effectiveness of Proposed
                                                    disapproval that would be facilitated by                  • Send paper comments in triplicate
                                                    an oral presentation of views, data, and                                                                      Rule Change Amending the Fees for
                                                                                                            to Secretary, Securities and Exchange
                                                    arguments, the Commission will                                                                                NYSE Arca Integrated Feed To Add a
                                                                                                            Commission, 100 F Street NE.,
                                                    consider, pursuant to Rule 19b–4, any                                                                         Late Fee In Connection With Failure To
                                                                                                            Washington, DC 20549–1090.                            Submit the Non-Display Use
                                                    request for an opportunity to make an
                                                    oral presentation.19                                    All submissions should refer to File                  Declaration
                                                       Interested persons are invited to                    Numbers SR–NYSEArca–2015–01. This
                                                                                                                                                                  May 4, 2015.
                                                    submit written data, views, and                         file number should be included on the
                                                                                                                                                                     Pursuant to Section 19(b)(1) 1 of the
                                                    arguments regarding whether the                         subject line if email is used. To help the            Securities Exchange Act of 1934 (the
                                                    proposal should be approved or                          Commission process and review your                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                    disapproved by May 29, 2015. Any                        comments more efficiently, please use                 notice is hereby given that, on April 24,
                                                    person who wishes to file a rebuttal to                 only one method. The Commission will                  2015, NYSE Arca, Inc. (the ‘‘Exchange’’
                                                    any other person’s submission must file                 post all comments on the Commission’s                 or ‘‘NYSE Arca’’) filed with the
                                                    that rebuttal by June 12, 2015.                         Internet Web site (http://www.sec.gov/                Securities and Exchange Commission
                                                       The Commission asks that                             rules/sro.shtml). Copies of the                       (the ‘‘Commission’’) the proposed rule
                                                    commenters address the sufficiency of                   submission, all subsequent                            change as described in Items I, II, and
                                                    the Exchange’s statements in support of                 amendments, all written statements                    III below, which Items have been
                                                    the proposal, which are set forth in the                with respect to the proposed rule                     prepared by the self-regulatory
                                                    Notice,20 in addition to any other                      change that are filed with the                        organization. The Commission is
                                                    comments they may wish to submit                        Commission, and all written                           publishing this notice to solicit
                                                    about the proposed rule change. In                      communications relating to the                        comments on the proposed rule change
                                                    particular, the Exchange concludes that                 proposed rule change between the                      from interested persons.
                                                    individual CUSIPs comprising the                        Commission and any person, other than
                                                    municipal bond offering can be                                                                                I. Self-Regulatory Organization’s
                                                                                                            those that may be withheld from the                   Statement of the Terms of Substance of
                                                    expected to be relatively fungible to one
                                                                                                            public in accordance with the                         the Proposed Rule Change
                                                    another and that consideration of the
                                                    aggregate size of the municipal bond                    provisions of 5 U.S.C. 552, will be
                                                                                                            available for Web site viewing and                      The Exchange proposes to amend the
                                                    offering, rather than the individual bond                                                                     fees for NYSE Arca Integrated Feed to
                                                    component, does not raise concerns                      printing in the Commission’s Public
                                                                                                                                                                  add a late fee in connection with failure
                                                    regarding pricing or liquidity of the                   Reference Room, 100 F Street NE.,
                                                                                                                                                                  to submit the non-display use
                                                    applicable municipal bond index                         Washington, DC 20549, on official
                                                                                                                                                                  declaration, operative on May 1, 2015.
                                                    components or of the Units overlying                    business days between the hours of                    The text of the proposed rule change is
                                                    the applicable index. With respect to                   10:00 a.m. and 3:00 p.m. Copies of these              available on the Exchange’s Web site at
                                                    these conclusions, the Commission                       filings also will be available for                    www.nyse.com, at the principal office of
                                                    seeks comment on whether the generic                    inspection and copying at the principal               the Exchange, and at the Commission’s
                                                    listing criterion proposed to be amended                office of the Exchange. All comments                  Public Reference Room.
                                                    would continue to serve to ensure that                  received will be posted without change;
                                                    the underlying securities of these fixed                the Commission does not edit personal                 II. Self-Regulatory Organization’s
                                                    income indexes are sufficiently liquid                  identifying information from                          Statement of the Purpose of, and
                                                    and price-transparent, and that, when                   submissions. You should submit only                   Statutory Basis for, the Proposed Rule
                                                    applied in conjunction with the other                   information that you wish to make                     Change
                                                                                                            available publicly. All submissions                     In its filing with the Commission, the
                                                      19 Section  19(b)(2) of the Act, as amended by the    should refer to File Number SR–                       self-regulatory organization included
                                                    Securities Act Amendments of 1975, Public Law
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                                                    94–29 (June 4, 1975), grants the Commission             NYSEArca–2015–01 and should be                        statements concerning the purpose of,
                                                    flexibility to determine what type of proceeding—       submitted on or before May 29, 2015.                  and basis for, the proposed rule change
                                                    either oral or notice and opportunity for written       Rebuttal comments should be submitted                 and discussed any comments it received
                                                    comments—is appropriate for consideration of a                                                                on the proposed rule change. The text
                                                    particular proposal by a self-regulatory                by June 12,2015.
                                                    organization. See Securities Act Amendments of
                                                                                                                                                                  of those statements may be examined at
                                                    1975, Senate Comm. on Banking, Housing & Urban
                                                                                                                                                                    1 15 U.S.C. 78s(b)(1).
                                                    Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30
                                                    (1975).                                                                                                         2 15 U.S.C. 78a.
                                                       20 See supra note 3.                                  21 17   CFR 200.30–3(a)(57).                           3 17 CFR 240.19b–4.




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Document Created: 2018-02-21 10:24:07
Document Modified: 2018-02-21 10:24:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 26591 

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