80 FR 52075 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Use of Derivative Instruments by the SPDR Blackstone/GSO Senior Loan ETF
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 166 (August 27, 2015)
Federal Register Volume 80, Issue 166 (August 27, 2015)
| Page Range | 52075-52079 | |
| FR Document | 2015-21207 |
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)] [Notices] [Pages 52075-52079] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21207] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75750; File No. SR-NYSEArca-2015-72] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Use of Derivative Instruments by the SPDR Blackstone/GSO Senior Loan ETF August 21, 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 August 11, 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 self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to reflect a change to the means of achieving the investment objective applicable to the SPDR Blackstone/GSO Senior Loan ETF (the ``Fund'') relating to its use of derivative instruments. Shares of the Fund are currently listed and traded on the Exchange under NYSE Arca Equities Rule 8.600 (``Managed Fund Shares''). 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. [[Page 52076]] A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The Commission has approved listing and trading on the Exchange of shares (``Shares'') of the Fund under NYSE Arca Equities Rule 8.600, which governs the listing and trading of Managed Fund Shares on the Exchange.\4\ The Shares are offered by SSgA Active ETF Trust (``Trust''), which is organized as a Massachusetts business trust and is registered with the Commission as an open-end management investment company. SSgA Funds Management, Inc. (``Adviser'') serves as the investment adviser to the Fund. GSO/Blackstone Debt Funds Management LLC serves as sub-adviser (``Sub-Adviser'') to the Blackstone/GSO Senior Loan Portfolio (``Portfolio'') and the Fund, subject to supervision by the Adviser and the Trust's Board of Trustees (``Board''). State Street Global Markets, LLC is the principal underwriter and distributor of the Fund's Shares, and State Street Bank and Trust Company (``Custodian'') serves as administrator, custodian, and transfer agent for the Fund.\5\ --------------------------------------------------------------------------- \4\ The Commission originally approved the listing and trading of the Shares on the Exchange on March 27, 2013. See Securities Exchange Act Release No. 69244 (March 27, 2013), 78 FR 19766 (April 2, 2013) (SR-NYSEArca-2013-08) (``Prior Order''). See also Securities Exchange Act Release No. 68862 (February 2, 2013), 78 FR 10233 (February 13, 2013) (SR-NYSEArca-2013-08) (``Prior Notice'' and, together with the Prior Order, the ``Prior Release''). \5\ The Trust is registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1) (``1940 Act''). On April 1, 2011, the Trust filed with the Commission Form N-1A under the Securities Act of 1933 (15 U.S.C. 77a), and under the 1940 Act relating to the Fund (File Nos. 333-173276 and 811-22524) (``Registration Statement''). The description of the operation of the Trust and the Fund herein is based, in part, on 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. 29524 (December 13, 2010) (File No. 812-13487) (``Exemptive Order''). --------------------------------------------------------------------------- Shares of the Fund are currently listed and traded on the Exchange.\6\ In this proposed rule change, the Exchange proposes to change the description of the Fund's use of derivative instruments, as described below. --------------------------------------------------------------------------- \6\ The Adviser represents that the Adviser and the Sub-Adviser have managed and will continue to manage the Fund in the manner described in the Prior Release, and will not implement the changes described herein until the instant proposed rule change is operative. --------------------------------------------------------------------------- On December 6, 2012, the staff of the Commission's Division of Investment Management (``Division'') issued a no-action letter (``No- Action Letter'') relating to the use of derivatives by actively-managed exchange-traded funds (``ETFs'').\7\ The No-Action Letter noted that, in March of 2010, the Commission announced in a press release that the staff was conducting a review to evaluate the use of derivatives by mutual funds, ETFs, and other investment companies and that, pending completion of this review, the staff would defer consideration of exemptive requests under the 1940 Act relating to, among others, actively-managed ETFs that would make significant investments in derivatives. --------------------------------------------------------------------------- \7\ See No-Action Letter dated December 6, 2012 from Elizabeth G. Osterman, Associate Director, Office of Exemptive Applications, Division of Investment Management. --------------------------------------------------------------------------- The No-Action Letter stated that the Division staff will no longer defer consideration of exemptive requests under the 1940 Act relating to actively-managed ETFs that make use of derivatives provided that they include representations to address some of the concerns expressed in the Commission's March 2010 press release. These representations are: (i) That the ETF's board periodically will review and approve the ETF's use of derivatives and how the ETF's investment adviser assesses and manages risk with respect to the ETF's use of derivatives; and (ii) that the ETF's disclosure of its use of derivatives in its offering documents and periodic reports is consistent with relevant Commission and staff guidance (together, the ``No-Action Letter Representations''). The No-Action Letter stated that the Division would not recommend enforcement action to the Commission under sections 2(a)(32), 5(a)(1), 17(a), 22(d), and 22(e) of the 1940 Act, or rule 22c-1 under the 1940 Act if actively-managed ETFs operating in reliance on specified orders (which include the Trust's Exemptive Order \8\) invest in options contracts, futures contracts or swap agreements provided that they comply with the No-Action Letter Representations.\9\ --------------------------------------------------------------------------- \8\ See supra note 5. \9\ The Adviser acknowledges that for the Fund to rely on the No-Action Letter, the Fund must comply with the No-Action Letter Representations. In this regard, (i) the Board of Trustees of the Trust will periodically review and approve the Portfolio's use of derivatives and how the Adviser assesses and manages risk with respect to the Portfolio's use of derivatives and (ii) the Fund's disclosure of its use of derivatives in its offering documents and periodic reports will be consistent with relevant Commission and staff guidance. --------------------------------------------------------------------------- The Prior Release included the following representation: ``The Portfolio will not invest in options contracts, futures contracts or swap agreements'' (the ``Derivatives Representation''). In view of the No-Action Letter, the Exchange is proposing to delete the Derivatives Representation. The Exchange now proposes that, to pursue the Fund's investment objective, the Fund be permitted to invest in options, futures, and swaps (``Derivative Instruments''), as described below. Going forward, the Portfolio may buy and sell exchange-listed and over-the-counter (``OTC'') swaps based on total return senior loan and credit default indices; futures contracts and options on futures contracts based on senior loan and credit default indices; and exchange-listed and OTC options on senior loan and credit default indices. The Portfolio will only enter into futures contracts and exchange- traded options on futures contracts that are traded on a national futures exchange that is regulated by the Commodities Futures Trading Commission (``CFTC'') and that is a member of the Intermarket Surveillance Group (``ISG'').\10\ Other exchange-traded options contracts in which the Portfolio invests will be traded on a national securities exchange. The Fund may use such index futures contracts and related options on futures contracts, other options contracts, and exchange-listed and OTC swaps for bona fide hedging; attempting to offset changes in the value of securities held or expected to be acquired or be disposed of; attempting to gain exposure to a particular market, index or instrument; or other risk management purposes. --------------------------------------------------------------------------- \10\ To the extent the Portfolio invests in futures, options on futures or other instruments subject to regulation by the CFTC, it will do so in reliance on and in compliance with CFTC regulations in effect from time to time and in accordance with the Fund's policies. The Trust, on behalf of certain of its series, has filed a notice of eligibility for exclusion from the definition of the term ``commodity pool operator'' in accordance with CFTC Regulation 4.5. Therefore, neither the Trust nor the Fund is deemed to be a ``commodity pool'' or ``commodity pool operator'' with respect to the Fund under the Commodity Exchange Act (``CEA''), and they are not subject to registration or regulation as such under the CEA. In addition, as of the date of this filing, the Adviser is not deemed to be a ``commodity pool operator'' or ``commodity trading adviser'' with respect to the advisory services it provides to the Fund. The CFTC recently adopted amendments to CFTC Regulation 4.5 and has proposed additional regulatory requirements that may affect the extent to which the Portfolio invests in instruments that are subject to regulation by the CFTC and impose additional regulatory obligations on the Fund and the Adviser. The Fund reserves the right to engage in transactions involving futures and options thereon to the extent allowed by CFTC regulations in effect from time to time and in accordance with the Fund's policies. --------------------------------------------------------------------------- Under normal market conditions, no more than 20% of the value of the Fund's net assets will be invested in Derivative Instruments.\11\ --------------------------------------------------------------------------- \11\ The Portfolio will limit its direct investments in futures to the extent necessary for the Adviser to claim the exclusion from regulation as a ``commodity pool operator'' with respect to the Fund under Rule 4.5 promulgated by the CFTC, as such rule may be amended from time to time. Under Rule 4.5 as currently in effect, the Portfolio will limit its trading activity in futures and options on futures (excluding activity for ``bona fide hedging purposes,'' as defined by the CFTC) such that it will meet one of the following tests: (i) Aggregate initial margin and premiums required to establish its futures and options on futures will not exceed 5% of the liquidation value of the Fund's portfolio, after taking into account unrealized profits and losses on such positions; or (ii) aggregate net notional value of its futures and options on futures will not exceed 100% of the liquidation value of the Fund's portfolio, after taking into account unrealized profits and losses on such positions. --------------------------------------------------------------------------- [[Page 52077]] The Prior Release stated that the Portfolio's investments would be consistent with the Portfolio's investment objective and would not be used to enhance leverage. In view of the Exchange's proposal to permit the Fund to use Derivative Instruments, the Portfolio's investments in Derivative Instruments could potentially be used to enhance leverage. However, the Portfolio's investments in Derivative Instruments will be consistent with the Portfolio's investment objective and will not be used to seek to achieve a multiple or inverse multiple of an index. Investments in Derivative Instruments will be made in accordance with the 1940 Act and consistent with the Fund's investment objective and policies. The Fund will comply with the regulatory requirements of the Commission to maintain assets as ``cover,'' maintain segregated accounts, and/or make margin payments when it takes positions in Derivative Instruments involving obligations to third parties (i.e., instruments other than purchase options). If the applicable guidelines prescribed under the 1940 Act so require, the Fund will earmark or set aside cash, U.S. government securities, high grade liquid debt securities and/or other liquid assets permitted by the Commission in a segregated custodial account in the amount prescribed.\12\ --------------------------------------------------------------------------- \12\ With respect to guidance under the 1940 Act, see 15 U.S.C. 80a-18; Investment Company Act Release No. 10666 (April 18, 1979), 44 FR 25128 (April 27, 1979); Dreyfus Strategic Investing, Commission No-Action Letter (June 22, 1987); Merrill Lynch Asset Management, L.P., Commission No-Action Letter (July 2, 1996). --------------------------------------------------------------------------- The Fund will include appropriate risk disclosure in its offering documents, including leveraging risk. Leveraging risk is the risk that certain transactions of the Fund, including the Fund's use of Derivative Instruments, may give rise to leverage, causing the Fund to be more volatile than if it had not been leveraged.\13\ --------------------------------------------------------------------------- \13\ To mitigate leveraging risk, the Fund will segregate or ``earmark'' liquid assets or otherwise cover the transactions that may give rise to such risk. --------------------------------------------------------------------------- Based on the above, the Exchange seeks this modification regarding the Fund's use of Derivative Instruments. The Adviser represents that there is no change to the Fund's investment objective. The Adviser and the Sub-Adviser believe that the ability to invest in Derivative Instruments will provide the Adviser and Sub-Adviser with additional flexibility to meet the Fund's investment objective. The Fund will continue to comply with all initial and continued listing requirements under NYSE Arca Equities Rule 8.600. Except for the changes noted herein, all other facts presented and representations made in the Prior Release remain unchanged. The changes described herein will be effective upon (i) the effectiveness of an amendment to the Trust's Registration Statement disclosing the Fund's intended use of Derivative Instruments and (ii) when this proposed rule change has become operative. The Adviser represents that the Adviser and Sub-Adviser have managed and will continue to manage the Fund in the manner described in the Prior Release, and will not implement the changes described herein until this proposed rule change is operative. Impact on Arbitrage Mechanism The Adviser believes there will be minimal, if any, impact to the arbitrage mechanism as a result of the use of Derivative Instruments. Market makers and participants should be able to value derivatives as long as the positions are disclosed with relevant information. The Adviser believes that the price at which Shares trade will continue to be disciplined by arbitrage opportunities created by the ability to purchase or redeem Creation Units (as defined in the Prior Release at their net asset value (``NAV''), which should ensure that Shares will not trade at a material discount or premium in relation to their NAV. The Adviser does not believe there will be any significant impacts to the settlement or operational aspects of the Fund's arbitrage mechanism due to the use of derivatives. Certain derivatives may not be eligible for in-kind transfer, and such derivatives will be substituted with a ``cash in lieu'' amount when the Fund processes purchases or redemptions of Creation Units (as defined in the Prior Release) in- kind. Valuation for Purposes of Calculating Net Asset Value As stated in the Prior Release, the NAV per Share for the Fund will be computed by dividing the value of the net assets of the Fund (i.e., the value of its total assets less total liabilities) by the total number of Shares outstanding, rounded to the nearest cent. Expenses and fees, including the management fees, are accrued daily and taken into account for purposes of determining NAV. The NAV per Share for the Fund is calculated by the Custodian and determined as of the close of the regular trading session on the New York Stock Exchange (``NYSE'') (ordinarily 4:00 p.m., E.T.) on each day that the NYSE is open. U.S. exchange-traded options will be valued at the closing price determined by the applicable exchange. The Fund will generally value exchange-traded futures at the settlement price determined by the applicable exchange. Exchange-traded swaps generally will be valued by pricing services. Non exchange-traded derivatives (i.e., OTC options and OTC swaps) will normally be valued on the basis of quotes obtained from brokers and dealers or third party pricing services using data reflecting the earlier closing of the principal markets for those assets. Prices obtained from independent pricing services use information provided by market makers or estimates of market values obtained from yield data relating to investments or securities with similar characteristics. Exchange-traded options, futures and options on futures will generally be valued at the settlement price determined by the applicable exchange. Derivatives for which market quotes are readily available will be valued at market value. Availability of Information As described in the Prior Release, on each business day, before commencement of trading in Shares in the Core Trading Session on the Exchange, the Fund discloses on its Web site the Disclosed Portfolio as defined in NYSE Arca Equities Rule 8.600(c)(2) that will form the basis for the Fund's calculation of NAV at the end of the business day. See ``Disclosed Portfolio'' below. Pricing information for Derivative Instruments traded OTC (i.e., OTC options and OTC swaps) will be available from major broker-dealer firms, subscription services, and/or pricing services and, in addition, for exchange-traded Derivative Instruments, from the exchanges on which they are traded. Intra-day and closing price information regarding exchange traded swaps, options (including options on futures) and futures will be available from the exchange on which such instruments are traded. Quotation and last sale information for exchange-traded options cleared via the Options [[Page 52078]] Clearing Corporation is available from the Options Price Reporting Authority. Disclosed Portfolio The Fund's disclosure of derivative positions in the Disclosed Portfolio will include information that market participants can use to value these positions intraday. On a daily basis, the Fund will disclose on the Fund's Web site the following information regarding each portfolio holding, as applicable to the type of holding: Ticker symbol, CUSIP number or other identifier, if any; a description of the holding (including the type of holding, such as type of swap); the identity of the security or other asset or instrument underlying the holding, if any; for options, the option strike price; quantity held (as measured by, for example, par value, notional value or number of shares, contracts or units); maturity date, if any; coupon rate, if any; effective date, if any; market value of the holding; and the percentage weighting of the holding in the Fund's portfolio. Surveillance The Exchange represents that trading in the Shares will be subject to the existing trading surveillances, administered by the Financial Industry Regulatory Authority (``FINRA'') on behalf of the Exchange, which are designed to detect violations of Exchange rules and applicable federal securities laws.\14\ The Exchange represents that these procedures are adequate to properly monitor Exchange trading of the Shares in all trading sessions and to deter and detect violations of Exchange rules and federal securities laws applicable to trading on the Exchange. --------------------------------------------------------------------------- \14\ FINRA surveils trading on the Exchange pursuant to a regulatory services agreement. The Exchange is responsible for FINRA's performance under this regulatory services agreement. --------------------------------------------------------------------------- The surveillances referred to above generally focus on detecting securities trading outside their normal patterns, which could be indicative of manipulative or other violative activity. When such situations are detected, surveillance analysis follows and investigations are opened, where appropriate, to review the behavior of all relevant parties for all relevant trading violations. FINRA, on behalf of the Exchange, will communicate as needed regarding trading in the Shares, exchange-traded options, exchange- traded futures and exchange-traded options on futures with other markets and other entities that are members of the ISG, and FINRA, on behalf of the Exchange, may obtain trading information regarding trading in the Shares, exchange-traded options, exchange-traded futures and exchange-traded options on futures from such markets and other entities. In addition, the Exchange may obtain information regarding trading in the Shares, exchange-traded options, exchange-traded futures and exchange-traded options on futures, from markets and other entities that are members of ISG or with which the Exchange has in place a comprehensive surveillance sharing agreement.\15\ --------------------------------------------------------------------------- \15\ For a list of the current members of ISG, see www.isgportal.org. The Exchange notes that not all components of the Disclosed Portfolio for the Fund may trade on markets that are members of ISG or with which the Exchange has in place a comprehensive surveillance sharing agreement. --------------------------------------------------------------------------- All futures contracts, exchange-traded options on futures contracts, and other exchange-traded options contracts in which the Portfolio invests will be traded on markets that are members of ISG. In addition, the Exchange also has a general policy prohibiting the distribution of material, non-public information by its employees. 2. Statutory Basis The basis under the Act for this proposed rule change is the requirement under section 6(b)(5) \16\ 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. --------------------------------------------------------------------------- \16\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that the proposed rule change is designed to prevent fraudulent and manipulative acts and practices in that, under normal market conditions, no more than 20% of the value of the Fund's net assets will be invested in Derivative Instruments. The Fund's investments in Derivative Instruments will be consistent with the Fund's investment objective and will not be used to seek to achieve a multiple or inverse multiple of an index. Investments in Derivative Instruments will be made in accordance with the 1940 Act and consistent with the Fund's investment objective and policies. The Fund will comply with the regulatory requirements of the Commission to maintain assets as ``cover,'' maintain segregated accounts, and/or make margin payments when it takes positions in Derivative Instruments involving obligations to third parties (i.e., instruments other than purchase options). If the applicable guidelines prescribed under the 1940 Act so require, the Fund will earmark or set aside cash, U.S. government securities, high grade liquid debt securities and/or other liquid assets permitted by the Commission in a segregated custodial account in the amount prescribed. Moreover, the Fund will include appropriate risk disclosure in its offering documents, including leveraging risk. The proposed rule change is designed to promote just and equitable principles of trade and to protect investors and the public interest in that the Fund's disclosure of positions in Derivative Instruments in the Disclosed Portfolio will include information that market participants can use to value these positions intraday. On a daily basis, the Fund will disclose on the Fund's Web site specific information regarding each portfolio holding, as applicable to the type of holding. The Fund may use futures contracts and related options for bona fide hedging; attempting to offset changes in the value of securities held or expected to be acquired or be disposed of; attempting to gain exposure to a particular market, index or instrument; or other risk management purposes. In addition, such proposed change will provide the Adviser and Sub-Adviser with additional flexibility in meeting the Fund's investment objective. The Adviser does not believe there will be any significant impacts to the settlement or operational aspects of the Fund's arbitrage mechanism due to the use of derivatives. In addition, the Commission has previously approved the use of derivatives similar to those proposed herein by issues of Managed Fund Shares traded on the Exchange.\17\ Consistent with the Prior Release, NAV will continue to be calculated daily and the NAV and Disclosed Portfolio (as defined in NYSE Arca Equities Rule 8.600(c)(2)) will be made available to all market participants at the same time. --------------------------------------------------------------------------- \17\ See, e.g., Securities Exchange Act Release Nos. 73081 (September 11, 2014), 79 FR 55859 (September 17, 2014) (SR-NYSEArca- 2014-20) (order approving listing and trading on the Exchange of shares of the Reality Shares DIVS ETF under NYSE Arca Equities Rule 8.600); 72882 (August 20, 2014), 79 FR 50964 (August 26, 2014) (SR- NYSEArca-2014-58) (order approving listing and trading on the Exchange of shares of the PIMCO Short-Term Exchange-Traded Fund and the PIMCO Municipal Bond Exchange-Traded Fund under NYSE Arca Equities Rule 8.600). --------------------------------------------------------------------------- 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 in that it will facilitate the listing and trading of an actively-managed exchange-traded product that will enhance competition among market participants, to the benefit of investors and the marketplace. [[Page 52079]] As noted, the additional flexibility to be afforded to the Adviser and Sub-Adviser by permitting the Fund to invest in Derivative Instruments under the proposed rule change is intended to enhance the Adviser's and Sub-Adviser's ability to meet the Fund's investment objective. FINRA, on behalf of the Exchange, will communicate as needed regarding trading in the Shares, exchange-traded options, exchange-traded futures and exchange-traded options on futures with other markets and other entities that are members of the ISG, and FINRA, on behalf of the Exchange, may obtain trading information regarding trading in the Shares, exchange-traded options, exchange-traded futures and exchange- traded options on futures from such markets and other entities. In addition, the Exchange may obtain information regarding trading in the Shares, exchange-traded options, exchange-traded futures and exchange- traded options on futures from markets and other entities that are members of ISG or with which the Exchange has in place a comprehensive surveillance sharing agreement. In addition, as indicated in the Prior Release, investors will have ready access to information regarding the Fund's holdings, the Portfolio Indicative Value (as defined in NYSE Arca Equities Rule 8.600(d)(2)(A)), the Disclosed Portfolio, and quotation and last sale information for the Shares. Consistent with the No-Action Letter, (i) the Board of Trustees of the Trust will periodically review and approve the Fund's use of derivatives and how the Adviser assesses and manages risk with respect to the Fund's use of derivatives and (ii) the Fund's disclosure of its use of derivatives in its offering documents and periodic reports will be consistent with relevant Commission and staff guidance. 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 purposes of the Act. The Exchange believes the proposed rule change will permit the Adviser and Sub-Adviser additional flexibility in achieving the Fund's investment objective, thereby offering investors additional investment options. The proposed rule change will allow the Fund to use Derivative Instruments as a more efficient substitute for taking a position in the underlying asset and/ or as part of a strategy designed to reduce exposure to risks (such as interest rate), enhance liquidity or to enhance investment returns. The proposed change, therefore, will provide additional flexibility to the Adviser and Sub-Adviser to seek the Fund's investment objective and will enhance the Fund's ability to compete with other actively managed exchange-traded funds and mutual funds. 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 \18\ and Rule 19b-4(f)(6) thereunder.\19\ --------------------------------------------------------------------------- \18\ 15 U.S.C. 78s(b)(3)(A). \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-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. --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission may temporarily suspend this 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 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 CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NYSEArca-2015-72 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-2015-72. 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 this filing will also 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-2015-72 and should be submitted on or before September 17, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\20\ --------------------------------------------------------------------------- \20\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2015-21207 Filed 8-26-15; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Notices 52075
ensure that the amount of regulatory Paper Comments SECURITIES AND EXCHANGE
revenue collected from the ORF, in COMMISSION
combination with its other regulatory • Send paper comments in triplicate
fees and fines, does not exceed to Secretary, Securities and Exchange
[Release No. 34–75750; File No. SR–
regulatory costs. Additionally, the dues Commission, 100 F Street NE., NYSEArca–2015–72]
and fees paid by members go into the Washington, DC 20549–1090.
general funds of the Exchange, a portion All submissions should refer to File Self-Regulatory Organizations; NYSE
of which is used to help pay the costs Number SR–Phlx–2015–71. This file Arca, Inc.; Notice of Filing and
of regulation. The Exchange’s members number should be included on the Immediate Effectiveness of Proposed
are subject to ORF on other options Rule Change Relating to the Use of
subject line if email is used. To help the
markets.12 Derivative Instruments by the SPDR
Commission process and review your
The Exchange does not believe that Blackstone/GSO Senior Loan ETF
comments more efficiently, please use
removing the limit to amend the ORF
semi-annually, with advance notice, only one method. The Commission will August 21, 2015.
creates an undue burden on post all comments on the Commission’s Pursuant to section 19(b)(1) 1 of the
competition. The Exchange will Internet Web site (http://www.sec.gov/ Securities Exchange Act of 1934 (the
continue to provide the same advance rules/sro.shtml). Copies of the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice of changes to the ORF as it does submission, all subsequent notice is hereby given that, on August
today. amendments, all written statements 11, 2015, NYSE Arca, Inc. (the
with respect to the proposed rule ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
C. Self-Regulatory Organization’s change that are filed with the the Securities and Exchange
Statement on Comments on the Commission, and all written Commission (the ‘‘Commission’’) the
Proposed Rule Change Received From communications relating to the proposed rule change as described in
Members, Participants, or Others
proposed rule change between the Items I and II below, which Items have
No written comments were either Commission and any person, other than been prepared by the self-regulatory
solicited or received. those that may be withheld from the organization. The Commission is
public in accordance with the publishing this notice to solicit
III. Date of Effectiveness of the
provisions of 5 U.S.C. 552, will be comments on the proposed rule change
Proposed Rule Change and Timing for
available for Web site viewing and from interested persons.
Commission Action
printing in the Commission’s Public I. Self-Regulatory Organization’s
The foregoing rule change has become Reference Room, 100 F Street NE.,
effective pursuant to Section Statement of the Terms of Substance of
Washington, DC 20549, on official the Proposed Rule Change
19(b)(3)(A)(ii) of the Act.13 At any time
business days between the hours of
within 60 days of the filing of the The Exchange proposes to reflect a
10:00 a.m. and 3:00 p.m. Copies of the
proposed rule change, the Commission change to the means of achieving the
filing also will be available for
summarily may temporarily suspend investment objective applicable to the
such rule change if it appears to the inspection and copying at the principal
office of the Exchange. All comments SPDR Blackstone/GSO Senior Loan ETF
Commission that such action is (the ‘‘Fund’’) relating to its use of
necessary or appropriate in the public received will be posted without change;
derivative instruments. Shares of the
interest, for the protection of investors, the Commission does not edit personal
Fund are currently listed and traded on
or otherwise in furtherance of the identifying information from
the Exchange under NYSE Arca Equities
purposes of the Act. If the Commission submissions. You should submit only
Rule 8.600 (‘‘Managed Fund Shares’’).
takes such action, the Commission shall information that you wish to make The text of the proposed rule change is
institute proceedings to determine available publicly. All submissions available on the Exchange’s Web site at
whether the proposed rule should be should refer to File Number SR–Phlx– www.nyse.com, at the principal office of
approved or disapproved. 2015–71 and should be submitted on or the Exchange, and at the Commission’s
before September 17, 2015. Public Reference Room.
IV. Solicitation of Comments
For the Commission, by the Division of II. Self-Regulatory Organization’s
Interested persons are invited to Trading and Markets, pursuant to delegated
submit written data, views and Statement of the Purpose of, and
authority.14
arguments concerning the foregoing, Statutory Basis for, the Proposed Rule
Robert W. Errett, Change
including whether the proposed rule
change is consistent with the Act. Deputy Secretary.
[FR Doc. 2015–21208 Filed 8–26–15; 8:45 am]
In its filing with the Commission, the
Comments may be submitted by any of
self-regulatory organization included
the following methods: BILLING CODE 8011–01–P
statements concerning the purpose of,
Electronic Comments and basis for, the proposed rule change
and discussed any comments it received
• Use the Commission’s Internet
on the proposed rule change. The text
comment form (http://www.sec.gov/
of those statements may be examined at
rules/sro.shtml); or
the places specified in Item IV below.
• Send an email to rule-comments@
The Exchange has prepared summaries,
rmajette on DSK2VPTVN1PROD with NOTICES
sec.gov. Please include File Number SR–
set forth in sections A, B, and C below,
Phlx–2015–71 on the subject line.
of the most significant parts of such
12 For example, see the Chicago Board Options
statements.
Exchange, Incorporated’s Fees Schedule and the
1 15 U.S.C. 78s(b)(1).
International Securities Exchange, LLC’s Fee
Schedule. 2 15 U.S.C. 78a.
13 15 U.S.C. 78s(b)(3)(A)(ii). 14 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4.
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![Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Notices 52079
As noted, the additional flexibility to be investment returns. The proposed • Send an email to rule-comments@
afforded to the Adviser and Sub-Adviser change, therefore, will provide sec.gov. Please include File Number SR–
by permitting the Fund to invest in additional flexibility to the Adviser and NYSEArca–2015–72 on the subject line.
Derivative Instruments under the Sub-Adviser to seek the Fund’s
Paper Comments
proposed rule change is intended to investment objective and will enhance
enhance the Adviser’s and Sub- the Fund’s ability to compete with other • Send paper comments in triplicate
Adviser’s ability to meet the Fund’s actively managed exchange-traded to Secretary, Securities and Exchange
investment objective. FINRA, on behalf funds and mutual funds. Commission, 100 F Street NE.,
of the Exchange, will communicate as Washington, DC 20549–1090.
C. Self-Regulatory Organization’s
needed regarding trading in the Shares, All submissions should refer to File
Statement on Comments on the
exchange-traded options, exchange- Number SR–NYSEArca–2015–72. This
Proposed Rule Change Received From
traded futures and exchange-traded file number should be included on the
Members, Participants, or Others
options on futures with other markets subject line if email is used. To help the
and other entities that are members of No written comments were solicited Commission process and review your
the ISG, and FINRA, on behalf of the or received with respect to the proposed comments more efficiently, please use
Exchange, may obtain trading rule change. only one method. The Commission will
information regarding trading in the III. Date of Effectiveness of the post all comments on the Commission’s
Shares, exchange-traded options, Proposed Rule Change and Timing for Internet Web site (http://www.sec.gov/
exchange-traded futures and exchange- Commission Action rules/sro.shtml). Copies of the
traded options on futures from such submission, all subsequent
markets and other entities. In addition, Because the foregoing proposed rule
change does not: (i) Significantly affect amendments, all written statements
the Exchange may obtain information with respect to the proposed rule
regarding trading in the Shares, the protection of investors or the public
interest; (ii) impose any significant change that are filed with the
exchange-traded options, exchange- Commission, and all written
traded futures and exchange-traded burden on competition; and (iii) become
operative for 30 days from the date on communications relating to the
options on futures from markets and proposed rule change between the
other entities that are members of ISG or which it was filed, or such shorter time
as the Commission may designate, if Commission and any person, other than
with which the Exchange has in place those that may be withheld from the
a comprehensive surveillance sharing consistent with the protection of
investors and the public interest, the public in accordance with the
agreement. In addition, as indicated in provisions of 5 U.S.C. 552, will be
the Prior Release, investors will have proposed rule change has become
effective pursuant to section 19(b)(3)(A) available for Web site viewing and
ready access to information regarding printing in the Commission’s Public
the Fund’s holdings, the Portfolio of the Act 18 and Rule 19b–4(f)(6)
thereunder.19 Reference Room, 100 F Street NE.,
Indicative Value (as defined in NYSE Washington, DC 20549, on official
Arca Equities Rule 8.600(d)(2)(A)), the At any time within 60 days of the
filing of the proposed rule change, the business days between the hours of
Disclosed Portfolio, and quotation and 10:00 a.m. and 3:00 p.m. Copies of this
last sale information for the Shares. Commission may temporarily suspend
this rule change if it appears to the filing will also be available for
Consistent with the No-Action Letter, (i)
Commission that such action is inspection and copying at the principal
the Board of Trustees of the Trust will
necessary or appropriate in the public office of the Exchange. All comments
periodically review and approve the
interest, for the protection of investors, received will be posted without change;
Fund’s use of derivatives and how the
or otherwise in furtherance of the the Commission does not edit personal
Adviser assesses and manages risk with
purposes of the Act. If the Commission identifying information from
respect to the Fund’s use of derivatives
takes such action, the Commission shall submissions. You should submit only
and (ii) the Fund’s disclosure of its use
institute proceedings to determine information that you wish to make
of derivatives in its offering documents
whether the proposed rule should be available publicly. All submissions
and periodic reports will be consistent
with relevant Commission and staff approved or disapproved. should refer to File Number SR–
guidance. NYSEArca–2015–72 and should be
IV. Solicitation of Comments
submitted on or before September 17,
B. Self-Regulatory Organization’s Interested persons are invited to 2015.
Statement on Burden on Competition submit written data, views, and
For the Commission, by the Division of
The Exchange does not believe that arguments concerning the foregoing, Trading and Markets, pursuant to delegated
the proposed rule change will impose including whether the proposed rule authority.20
any burden on competition that is not change is consistent with the Act. Robert W. Errett,
necessary or appropriate in furtherance Comments may be submitted by any of
Deputy Secretary.
of the purposes of the Act. The the following methods:
[FR Doc. 2015–21207 Filed 8–26–15; 8:45 am]
Exchange believes the proposed rule Electronic Comments BILLING CODE 8011–01–P
change will permit the Adviser and Sub-
• Use the Commission’s Internet
Adviser additional flexibility in
comment form (http://www.sec.gov/
achieving the Fund’s investment
rules/sro.shtml); or TENNESSEE VALLEY AUTHORITY
objective, thereby offering investors
additional investment options. The
rmajette on DSK2VPTVN1PROD with NOTICES
proposed rule change will allow the
18 15 U.S.C. 78s(b)(3)(A). Environmental Impact Statement—
19 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
Fund to use Derivative Instruments as a Closure of CCR Impoundments
4(f)(6) requires a self-regulatory organization to give
more efficient substitute for taking a the Commission written notice of its intent to file AGENCY: Tennessee Valley Authority.
position in the underlying asset and/or the proposed rule change at least five business days
prior to the date of filing of the proposed rule ACTION: Notice of intent.
as part of a strategy designed to reduce change, or such shorter time as designated by the
exposure to risks (such as interest rate), Commission. The Exchange has satisfied this
enhance liquidity or to enhance requirement. 20 17 CFR 200.30–3(a)(12).
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Document Created: 2015-12-15 10:53:32
Document Modified: 2015-12-15 10:53:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 52075 |
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