80_FR_43647 80 FR 43507 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to a Change in the Size of a Creation Unit Applicable to Shares of the PIMCO Total Return Active Exchange-Traded Fund

80 FR 43507 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to a Change in the Size of a Creation Unit Applicable to Shares of the PIMCO Total Return Active Exchange-Traded Fund

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 140 (July 22, 2015)

Page Range43507-43508
FR Document2015-17890

Federal Register, Volume 80 Issue 140 (Wednesday, July 22, 2015)
[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Notices]
[Pages 43507-43508]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17890]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75475; File No. SR-NYSEArca-2015-63]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Relating to a 
Change in the Size of a Creation Unit Applicable to Shares of the PIMCO 
Total Return Active Exchange-Traded Fund

July 16, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on July 10, 2015, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the Exchange. The Commission 
is publishing this notice to solicit comments on the proposed rule 
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to reflect a change in the size of a Creation 
Unit applicable to shares of the PIMCO Total Return Active Exchange-
Traded Fund from 100,000 Shares to at least 50,000 Shares. The Fund is 
currently listed and traded on the Exchange under NYSE Arca Equities 
Rule 8.600. The text of the proposed rule change is available on the 
Exchange's Web site at www.nyse.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Commission has approved a proposed rule change relating to 
listing and trading on the Exchange of shares (``Shares'') of the PIMCO 
Total Return Active Exchange-Traded Fund (``Fund'') under NYSE Arca 
Equities Rule 8.600,\4\ which governs the listing and trading of 
Managed Fund Shares.\5\ The Shares are offered by PIMCO ETF Trust (the 
``Trust''), a statutory trust organized under the laws of the State of 
Delaware and registered with the Commission as an open-end management 
investment company.\6\ The investment manager to the Fund is Pacific 
Investment Management Company LLC (``PIMCO'' or the ``Adviser''). The 
Fund's Shares are currently listed and traded on the Exchange under 
NYSE Arca Equities Rule 8.600.\7\
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    \4\ See Securities Exchange Act Release No. 65988 (December 16, 
2011), 76 FR 79741 (December 22, 2011) (SR-NYSEArca-2011-95) (notice 
of filing of proposed rule change relating to listing and trading of 
Shares of the Fund on the Exchange) (``Prior Notice''); 66321 
(February 3, 2012), 77 FR 6850 (February 9, 2012) (SR-NYSEArca-2011-
95) (order approving listing and trading of Shares of the Fund on 
the Exchange) (``Prior Order'' and, together with the Prior Notice, 
the ``Prior Release''). See also Securities Exchange Act Release No. 
72666 (July 24, 2014), 79 FR 44224 (July 30, 2014) (SR-NYSEArca-
2013-122) (order approving proposed rule change relating to use of 
derivatives by the Fund).
    \5\ A Managed Fund Share is a security that represents an 
interest in an investment company registered under the Investment 
Company Act of 1940 (15 U.S.C. 80a-1) (``1940 Act'') organized as an 
open-end investment company or similar entity that invests in a 
portfolio of securities selected by its investment adviser 
consistent with its investment objectives and policies. In contrast, 
an open-end investment company that issues Investment Company Units, 
listed and traded on the Exchange under NYSE Arca Equities Rule 
5.2(j)(3), seeks to provide investment results that correspond 
generally to the price and yield performance of a specific foreign 
or domestic stock index, fixed income securities index or 
combination thereof.
    \6\ The Trust is registered under the Investment Company Act of 
1940 (``1940 Act''). On October 27, 2014, the Trust filed with the 
Commission the most recent post-effective amendment to its 
registration statement under the Securities Act of 1933 (15 U.S.C. 
77a) (``1933 Act'') and under the 1940 Act relating to the Fund 
(File Nos. 333-155395 and 811-22250) (the ``Registration 
Statement''). The description of the operation of the Trust and the 
Fund herein is based, in part, on the Registration Statement. A 
change to the name of the Fund from PIMCO Total Return Exchange-
Traded Fund to PIMCO Total Return Active Exchange-Traded Fund was 
reflected in such amendment to the Registration Statement. In 
addition, the Commission has issued an order granting certain 
exemptive relief to the Trust under the 1940 Act. See Investment 
Company Act Release No. 28993 (November 10, 2009) (File No. 812-
13571) (``Exemptive Order'').
    \7\ The Trust implemented a change in the name of the Fund from 
PIMCO Total Return Exchange-Traded Fund to PIMCO Total Return Active 
Exchange-Traded Fund on October 31, 2014.
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    According to the Registration Statement and the Prior Release, 
Shares of the Fund that trade in the secondary market are created at 
net asset value (``NAV'') by Authorized Participants only in block-size 
Creation Units of 100,000 Shares or multiples thereof.
    The Exchange proposes to reflect a change in the size of a Creation 
Unit from 100,000 Shares to at least 50,000 Shares.\8\ The size of a 
Creation Unit will be subject to change. The Exchange believes that the 
change to the size of a Creation Unit will not adversely impact 
investors or Exchange trading. A reduction in the size of a Creation 
Unit may provide potential benefits to investors by facilitating 
additional creation and redemption activity in the Shares, thereby 
potentially resulting in increased secondary market trading activity, 
tighter bid/ask spreads and narrower premiums or discounts to NAV.\9\
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    \8\ The change to size of a Creation Unit will be effective upon 
filing with the Commission of an amendment to the Trust's 
Registration Statement on Form N-1A, and shareholders will be 
notified of such change by means of such amendment.
    \9\ The Exchange notes that the Commission has approved the 
listing and trading of other issues of Managed Fund Shares that have 
applied a minimum Creation Unit size of 50,000 shares or greater. 
See, e.g., Securities Exchange Act Release Nos. 65458 (September 30, 
2011), 76 FR 62112 (October 6, 2011) (SR-NYSEArca-2011-54) (order 
approving listing and trading of WisdomTree Dreyfus Australia and 
New Zealand Debt Fund); 66112 (January 5, 2012), 77 FR 1761 (January 
11, 2012) (SR-NYSEArca-2011-80) (order approving listing and trading 
of Rockledge SectorSAM ETF).

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[[Page 43508]]

    The Adviser represents that the proposed change to reduce the size 
of a Creation Unit, as described above, is consistent with the Fund's 
investment objective, and will further assist the Adviser to achieve 
such investment objective. Except for the change noted above, all other 
representations made in the Prior Release remain unchanged.\10\ The 
Fund will continue to comply with all initial and continued listing 
requirements under NYSE Arca Equities Rule 8.600. The Adviser 
represents that the investment objective of the Fund is not changing.
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    \10\ See note 4, supra. All terms referenced but not defined 
herein are defined in the Prior Release.
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2. Statutory Basis
    The basis under the Act for this proposed rule change is the 
requirement under Section 6(b)(5) \11\ that an exchange have rules that 
are designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to remove 
impediments to, and perfect the mechanism of a free and open market 
and, in general, to protect investors and the public interest.
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    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed rule change is designed to perfect the mechanism of a 
free and open market and, in general, to protect investors and the 
public interest. The Exchange believes that the change to the size of a 
Creation Unit to at least 50,000 Shares will not adversely impact 
investors or Exchange trading. In addition, a reduction in the size of 
a Creation Unit may provide potential benefits to investors by 
facilitating additional creation and redemption activity in the Shares, 
thereby potentially resulting in increased secondary market trading 
activity, tighter bid/ask spreads and narrower premiums or discounts to 
NAV.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purpose of the Act. The Exchange believes the 
proposed rule change, because of the potential increase in secondary 
market trading activity that may result from a decrease in the Creation 
Unit size for Shares of the Fund, will enhance competition among issues 
of exchange-traded funds that invest in fixed income securities.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, if consistent with 
the protection of investors and the public interest, the proposed rule 
change has become effective pursuant to Section 19(b)(3)(A) of the Act 
\12\ and Rule 19b-4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission may temporarily suspend such rule change if it 
appears to the Commission that such action is necessary or appropriate 
in the public interest, for the protection of investors, or otherwise 
in furtherance of the purposes of the Act. If the Commission takes such 
action, the Commission shall institute proceedings to determine whether 
the proposed rule change should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. 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-NYSE-Arca-2015-63 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 Number SR-NYSEArca-2015-63. 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 such filing also will be available 
for inspection and copying at the principal offices 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-
63, and should be submitted on or before August 12, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-17890 Filed 7-21-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices                                                   43507

                                              with respect to the proposed rule                        I. Self-Regulatory Organization’s                       offered by PIMCO ETF Trust (the
                                              change that are filed with the                           Statement of the Terms of the Substance                 ‘‘Trust’’), a statutory trust organized
                                              Commission, and all written                              of the Proposed Rule Change                             under the laws of the State of Delaware
                                              communications relating to the                              The Exchange proposes to reflect a                   and registered with the Commission as
                                              proposed rule change between the                         change in the size of a Creation Unit                   an open-end management investment
                                              Commission and any person, other than                    applicable to shares of the PIMCO Total                 company.6 The investment manager to
                                              those that may be withheld from the                      Return Active Exchange-Traded Fund                      the Fund is Pacific Investment
                                              public in accordance with the                            from 100,000 Shares to at least 50,000                  Management Company LLC (‘‘PIMCO’’
                                              provisions of 5 U.S.C. 552, will be                      Shares. The Fund is currently listed and                or the ‘‘Adviser’’). The Fund’s Shares
                                              available for Web site viewing and                       traded on the Exchange under NYSE                       are currently listed and traded on the
                                              printing in the Commission’s Public                      Arca Equities Rule 8.600. The text of the               Exchange under NYSE Arca Equities
                                              Reference Room, 100 F Street NE.,                        proposed rule change is available on the                Rule 8.600.7
                                              Washington, DC 20549 on official                         Exchange’s Web site at www.nyse.com,                       According to the Registration
                                              business days between the hours of                       at the principal office of the Exchange,                Statement and the Prior Release, Shares
                                              10:00 a.m. and 3:00 p.m. Copies of the                   and at the Commission’s Public                          of the Fund that trade in the secondary
                                              filing also will be available for                        Reference Room.                                         market are created at net asset value
                                              inspection and copying at the principal                                                                          (‘‘NAV’’) by Authorized Participants
                                              office of the MSRB. All comments                         II. Self-Regulatory Organization’s                      only in block-size Creation Units of
                                              received will be posted without change;                  Statement of the Purpose of, and                        100,000 Shares or multiples thereof.
                                              the Commission does not edit personal                    Statutory Basis for, the Proposed Rule                     The Exchange proposes to reflect a
                                              identifying information from                             Change                                                  change in the size of a Creation Unit
                                              submissions. You should submit only                         In its filing with the Commission, the               from 100,000 Shares to at least 50,000
                                              information that you wish to make                        self-regulatory organization included                   Shares.8 The size of a Creation Unit will
                                              available publicly. All submissions                      statements concerning the purpose of,                   be subject to change. The Exchange
                                              should refer to File Number SR–MSRB–                     and basis for, the proposed rule change                 believes that the change to the size of a
                                              2015–05 and should be submitted on or                    and discussed any comments it received                  Creation Unit will not adversely impact
                                              before August 12, 2015.                                  on the proposed rule change. The text                   investors or Exchange trading. A
                                                                                                       of those statements may be examined at                  reduction in the size of a Creation Unit
                                                For the Commission, pursuant to delegated                                                                      may provide potential benefits to
                                              authority.18                                             the places specified in Item IV below.
                                                                                                       The Exchange has prepared summaries,                    investors by facilitating additional
                                              Robert W. Errett,                                                                                                creation and redemption activity in the
                                                                                                       set forth in sections A, B, and C below,
                                              Deputy Secretary.                                                                                                Shares, thereby potentially resulting in
                                                                                                       of the most significant parts of such
                                              [FR Doc. 2015–17899 Filed 7–21–15; 8:45 am]              statements.                                             increased secondary market trading
                                              BILLING CODE 8011–01–P                                                                                           activity, tighter bid/ask spreads and
                                                                                                       A. Self-Regulatory Organization’s                       narrower premiums or discounts to
                                                                                                       Statement of the Purpose of, and                        NAV.9
                                              SECURITIES AND EXCHANGE                                  Statutory Basis for, the Proposed Rule
                                              COMMISSION                                               Change                                                  5.2(j)(3), seeks to provide investment results that
                                                                                                                                                               correspond generally to the price and yield
                                              [Release No. 34–75475; File No. SR–                      1. Purpose                                              performance of a specific foreign or domestic stock
                                              NYSEArca–2015–63]                                           The Commission has approved a                        index, fixed income securities index or combination
                                                                                                                                                               thereof.
                                                                                                       proposed rule change relating to listing                   6 The Trust is registered under the Investment
                                              Self-Regulatory Organizations; NYSE                      and trading on the Exchange of shares                   Company Act of 1940 (‘‘1940 Act’’). On October 27,
                                              Arca, Inc.; Notice of Filing and                         (‘‘Shares’’) of the PIMCO Total Return                  2014, the Trust filed with the Commission the most
                                              Immediate Effectiveness of Proposed                      Active Exchange-Traded Fund (‘‘Fund’’)                  recent post-effective amendment to its registration
                                              Rule Change Relating to a Change in                      under NYSE Arca Equities Rule 8.600,4                   statement under the Securities Act of 1933 (15
                                              the Size of a Creation Unit Applicable                                                                           U.S.C. 77a) (‘‘1933 Act’’) and under the 1940 Act
                                                                                                       which governs the listing and trading of                relating to the Fund (File Nos. 333–155395 and
                                              to Shares of the PIMCO Total Return                      Managed Fund Shares.5 The Shares are                    811–22250) (the ‘‘Registration Statement’’). The
                                              Active Exchange-Traded Fund                                                                                      description of the operation of the Trust and the
                                                                                                          4 See Securities Exchange Act Release No. 65988      Fund herein is based, in part, on the Registration
                                              July 16, 2015.                                                                                                   Statement. A change to the name of the Fund from
                                                                                                       (December 16, 2011), 76 FR 79741 (December 22,
                                                 Pursuant to Section         19(b)(1) 1
                                                                                of the                 2011) (SR–NYSEArca-2011–95) (notice of filing of        PIMCO Total Return Exchange-Traded Fund to
                                              Securities Exchange Act of 1934 (the                     proposed rule change relating to listing and trading    PIMCO Total Return Active Exchange-Traded Fund
                                                                                                       of Shares of the Fund on the Exchange) (‘‘Prior         was reflected in such amendment to the
                                              ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                                                                           Registration Statement. In addition, the
                                                                                                       Notice’’); 66321 (February 3, 2012), 77 FR 6850
                                              notice is hereby given that, on July 10,                 (February 9, 2012) (SR–NYSEArca-2011–95) (order         Commission has issued an order granting certain
                                              2015, NYSE Arca, Inc. (the ‘‘Exchange’’                  approving listing and trading of Shares of the Fund     exemptive relief to the Trust under the 1940 Act.
                                              or ‘‘NYSE Arca’’) filed with the                         on the Exchange) (‘‘Prior Order’’ and, together with    See Investment Company Act Release No. 28993
                                                                                                       the Prior Notice, the ‘‘Prior Release’’). See also      (November 10, 2009) (File No. 812–13571)
                                              Securities and Exchange Commission                                                                               (‘‘Exemptive Order’’).
                                                                                                       Securities Exchange Act Release No. 72666 (July 24,
                                              (the ‘‘Commission’’) the proposed rule                   2014), 79 FR 44224 (July 30, 2014) (SR–NYSEArca-           7 The Trust implemented a change in the name of

                                              change as described in Items I and II                    2013–122) (order approving proposed rule change         the Fund from PIMCO Total Return Exchange-
                                              below, which Items have been prepared                    relating to use of derivatives by the Fund).            Traded Fund to PIMCO Total Return Active
                                                                                                          5 A Managed Fund Share is a security that            Exchange-Traded Fund on October 31, 2014.
                                              by the Exchange. The Commission is                                                                                  8 The change to size of a Creation Unit will be
                                                                                                       represents an interest in an investment company
                                              publishing this notice to solicit                        registered under the Investment Company Act of          effective upon filing with the Commission of an
tkelley on DSK3SPTVN1PROD with NOTICES




                                              comments on the proposed rule change                     1940 (15 U.S.C. 80a–1) (‘‘1940 Act’’) organized as      amendment to the Trust’s Registration Statement on
                                              from interested persons.                                 an open-end investment company or similar entity        Form N–1A, and shareholders will be notified of
                                                                                                       that invests in a portfolio of securities selected by   such change by means of such amendment.
                                                18 17
                                                                                                       its investment adviser consistent with its                 9 The Exchange notes that the Commission has
                                                      CFR 200.30–3(a)(12).                             investment objectives and policies. In contrast, an     approved the listing and trading of other issues of
                                                1 15 U.S.C. 78s(b)(1).                                 open-end investment company that issues                 Managed Fund Shares that have applied a
                                                2 15 U.S.C. 78a.
                                                                                                       Investment Company Units, listed and traded on          minimum Creation Unit size of 50,000 shares or
                                                3 17 CFR 240.19b–4.                                    the Exchange under NYSE Arca Equities Rule                                                        Continued




                                         VerDate Sep<11>2014   19:59 Jul 21, 2015   Jkt 235001   PO 00000   Frm 00122   Fmt 4703   Sfmt 4703   E:\FR\FM\22JYN1.SGM   22JYN1


                                              43508                         Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices

                                                The Adviser represents that the                        issues of exchange-traded funds that                      Paper Comments
                                              proposed change to reduce the size of a                  invest in fixed income securities.
                                              Creation Unit, as described above, is                                                                                 • Send paper comments in triplicate
                                                                                                       C. Self-Regulatory Organization’s                         to Secretary, Securities and Exchange
                                              consistent with the Fund’s investment
                                                                                                       Statement on Comments on the                              Commission, 100 F Street NE.,
                                              objective, and will further assist the
                                                                                                       Proposed Rule Change Received From                        Washington, DC 20549–1090.
                                              Adviser to achieve such investment
                                              objective. Except for the change noted                   Members, Participants, or Others
                                                                                                                                                                 All submissions should refer to File
                                              above, all other representations made in                   No written comments were solicited                      Number SR–NYSEArca–2015–63. This
                                              the Prior Release remain unchanged.10                    or received with respect to the proposed                  file number should be included on the
                                              The Fund will continue to comply with                    rule change.                                              subject line if email is used. To help the
                                              all initial and continued listing                                                                                  Commission process and review your
                                              requirements under NYSE Arca Equities                    III. Date of Effectiveness of the
                                                                                                       Proposed Rule Change and Timing for                       comments more efficiently, please use
                                              Rule 8.600. The Adviser represents that
                                                                                                       Commission Action                                         only one method. The Commission will
                                              the investment objective of the Fund is
                                              not changing.                                                                                                      post all comments on the Commission’s
                                                                                                          Because the foregoing proposed rule                    Internet Web site (http://www.sec.gov/
                                              2. Statutory Basis                                       change does not: (i) Significantly affect                 rules/sro.shtml). Copies of the
                                                                                                       the protection of investors or the public                 submission, all subsequent
                                                 The basis under the Act for this
                                                                                                       interest; (ii) impose any significant
                                              proposed rule change is the requirement                                                                            amendments, all written statements
                                                                                                       burden on competition; and (iii) become
                                              under Section 6(b)(5) 11 that an                                                                                   with respect to the proposed rule
                                                                                                       operative for 30 days from the date on
                                              exchange have rules that are designed to                                                                           change that are filed with the
                                                                                                       which it was filed, or such shorter time
                                              prevent fraudulent and manipulative                                                                                Commission, and all written
                                                                                                       as the Commission may designate, if
                                              acts and practices, to promote just and                                                                            communications relating to the
                                                                                                       consistent with the protection of
                                              equitable principles of trade, to remove                                                                           proposed rule change between the
                                                                                                       investors and the public interest, the
                                              impediments to, and perfect the                                                                                    Commission and any person, other than
                                              mechanism of a free and open market                      proposed rule change has become
                                                                                                       effective pursuant to Section 19(b)(3)(A)                 those that may be withheld from the
                                              and, in general, to protect investors and                                                                          public in accordance with the
                                              the public interest.                                     of the Act 12 and Rule 19b–4(f)(6)
                                                                                                       thereunder.13                                             provisions of 5 U.S.C. 552, will be
                                                 The proposed rule change is designed
                                                                                                          At any time within 60 days of the                      available for Web site viewing and
                                              to perfect the mechanism of a free and
                                              open market and, in general, to protect                  filing of the proposed rule change, the                   printing in the Commission’s Public
                                              investors and the public interest. The                   Commission may temporarily suspend                        Reference Room, 100 F Street NE.,
                                              Exchange believes that the change to the                 such rule change if it appears to the                     Washington, DC 20549 on official
                                              size of a Creation Unit to at least 50,000               Commission that such action is                            business days between the hours of
                                              Shares will not adversely impact                         necessary or appropriate in the public                    10:00 a.m. and 3:00 p.m. Copies of such
                                              investors or Exchange trading. In                        interest, for the protection of investors,                filing also will be available for
                                              addition, a reduction in the size of a                   or otherwise in furtherance of the                        inspection and copying at the principal
                                              Creation Unit may provide potential                      purposes of the Act. If the Commission                    offices of the Exchange. All comments
                                              benefits to investors by facilitating                    takes such action, the Commission shall                   received will be posted without change;
                                              additional creation and redemption                       institute proceedings to determine                        the Commission does not edit personal
                                              activity in the Shares, thereby                          whether the proposed rule change                          identifying information from
                                              potentially resulting in increased                       should be approved or disapproved.                        submissions. You should submit only
                                              secondary market trading activity,                                                                                 information that you wish to make
                                                                                                       IV. Solicitation of Comments
                                              tighter bid/ask spreads and narrower                                                                               available publicly. All submissions
                                              premiums or discounts to NAV.                              Interested persons are invited to                       should refer to File Number SR–
                                              B. Self-Regulatory Organization’s                        submit written data, views, and                           NYSEArca-2015–63, and should be
                                              Statement on Burden on Competition                       arguments concerning the foregoing,                       submitted on or before August 12, 2015.
                                                                                                       including whether the proposed rule
                                                The Exchange does not believe that                     change is consistent with the Act.                          For the Commission, by the Division of
                                              the proposed rule change will impose                     Comments may be submitted by any of                       Trading and Markets, pursuant to delegated
                                              any burden on competition that is not                    the following methods:                                    authority.14
                                              necessary or appropriate in furtherance                                                                            Robert W. Errett,
                                              of the purpose of the Act. The Exchange                  Electronic Comments
                                                                                                                                                                 Deputy Secretary.
                                              believes the proposed rule change,                          • Use the Commission’s Internet                        [FR Doc. 2015–17890 Filed 7–21–15; 8:45 am]
                                              because of the potential increase in                     comment form (http://www.sec.gov/                         BILLING CODE 8011–01–P
                                              secondary market trading activity that                   rules/sro.shtml); or
                                              may result from a decrease in the
                                                                                                          • Send an email to rule-comments@
                                              Creation Unit size for Shares of the
                                                                                                       sec.gov. Please include File Number SR–
                                              Fund, will enhance competition among
                                                                                                       NYSE–Arca–2015–63 on the subject
                                              greater. See, e.g., Securities Exchange Act Release
                                                                                                       line.
                                              Nos. 65458 (September 30, 2011), 76 FR 62112
                                              (October 6, 2011) (SR–NYSEArca–2011–54) (order                12 15
                                                                                                                U.S.C. 78s(b)(3)(A).
tkelley on DSK3SPTVN1PROD with NOTICES




                                              approving listing and trading of WisdomTree                   13 17
                                                                                                                CFR 240.19b–4(f)(6). In addition, Rule 19–
                                              Dreyfus Australia and New Zealand Debt Fund);            4(f)(6) requires a self-regulatory organization to give
                                              66112 (January 5, 2012), 77 FR 1761 (January 11,         the Commission written notice of its intent to file
                                              2012) (SR–NYSEArca–2011–80) (order approving             the proposed rule change at least five business days
                                              listing and trading of Rockledge SectorSAM ETF).         prior to the date of filing of the proposed rule
                                                 10 See note 4, supra. All terms referenced but not
                                                                                                       change, or such shorter time as designated by the
                                              defined herein are defined in the Prior Release.         Commission. The Exchange has satisfied this
                                                 11 15 U.S.C. 78f(b)(5).                               requirement.                                                14 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-15 12:54:50
Document Modified: 2015-12-15 12:54:50
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 43507 

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