80_FR_58983 80 FR 58794 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding the PIMCO Intermediate Municipal Bond Active Exchange-Traded Fund

80 FR 58794 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding the PIMCO Intermediate Municipal Bond Active Exchange-Traded Fund

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 189 (September 30, 2015)

Page Range58794-58796
FR Document2015-24715

Federal Register, Volume 80 Issue 189 (Wednesday, September 30, 2015)
[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Notices]
[Pages 58794-58796]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24715]


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

[Release No. 34-75978; File No. SR-NYSEArca-2015-79]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Regarding the PIMCO 
Intermediate Municipal Bond Active Exchange-Traded Fund

September 24, 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 September 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.
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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 Substance 
of the Proposed Rule Change

    The Exchange proposes to reflect a change to the average portfolio 
duration of the PIMCO Intermediate Municipal Bond Active Exchange-
Traded Fund. 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 the 
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 
Intermediate Municipal Bond 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

[[Page 58795]]

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.
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    \4\ See Securities Exchange Act Release No. 60619 (September 3, 
2009), 74 FR 46820 (September 11, 2009) (SR-NYSEArca-2009-79) 
(notice of filing of proposed rule change relating to listing and 
trading of Shares of the Fund and four other funds of the PIMCO ETF 
Trust on the Exchange) (``Prior Notice''); Securities Exchange Act 
Release No. 60981 (November 10, 2009), 74 FR 59594 (November 11, 
2009) (SR-NYSEArca-2009-79) (order approving listing and trading of 
Shares of the Fund and four other funds of the PIMCO ETF Trust on 
the Exchange) (``Prior Order'' and, together with the Prior Notice, 
the ``Prior Release'').
    \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 Intermediate Municipal 
Bond Strategy Fund to PIMCO Intermediate Municipal Bond Exchange-
Traded Fund was reflected in an amendment to the Registration 
Statement, effective October 31, 2012. A change to the name of the 
Fund from PIMCO Intermediate Municipal Bond Exchange-Traded Fund to 
PIMCO Intermediate Municipal Bond Active Exchange-Traded Fund was 
reflected in an amendment to the Registration Statement, effective 
October 31, 2014. 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'').
---------------------------------------------------------------------------

    According to the Registration Statement and the Prior Release, the 
average portfolio duration of the Fund normally varies from three to 
eight years, based on PIMCO's forecast for interest rates.\7\
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    \7\ Duration is a measure used to determine the sensitivity of a 
security's price to changes in interest rates. The longer a 
security's duration, the more sensitive it will be to changes in 
interest rates.
---------------------------------------------------------------------------

    Going forward, the average portfolio duration of the Fund normally 
would vary within (negative) 2 years to positive 4 years of the 
portfolio duration of the securities comprising the Barclays 1-15 Year 
Municipal Bond Index (``Index''), as calculated by PIMCO, which as of 
June 30, 2015 was 5.11 years.\8\ Thus, as of June 30, 2015, average 
portfolio duration of the Fund normally would vary within approximately 
3.11 years and 9.11 years.
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    \8\ The Exchange notes that the Commission has approved the 
listing and trading of other issues of Managed Fund Shares that have 
applied a comparable average portfolio duration to that proposed for 
the Fund. See, e.g., the Prior Release, note 4, supra.
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    The Adviser represents that the proposed change to the average 
portfolio duration of the Fund 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.\9\ The Fund 
will continue to comply with all initial and continued listing 
requirements under NYSE Arca Equities Rule 8.600.
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    \9\ See note 4, supra. All terms referenced but not defined 
herein are defined in the Prior Release.
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    The Adviser represents that the investment objective of the Fund is 
not changing.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the 
requirement under Section 6(b)(5) \10\ 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.
---------------------------------------------------------------------------

    \10\ 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 average 
portfolio duration of the Fund will not adversely impact investors or 
Exchange trading. Such change would accommodate a duration that, while 
generally comparable to the existing average portfolio duration 
normally of three to eight years, will provide the Fund with additional 
flexibility in managing the duration of the Fund's holdings using the 
average portfolio duration of the Barclays 1-15 Year Municipal Bond 
Index, as calculated by PIMCO, as the benchmark against which the 
Fund's average portfolio duration would be measured. Further, a more 
flexible duration bandwidth will allow the Fund to respond more 
effectively to changing market conditions. The Index's average 
duration, as calculated by PIMCO, is typically published monthly, while 
the Fund's average portfolio duration is typically available daily, on 
the Fund's Web site.

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 will enhance competition among issues of exchange-
traded funds that invest in municipal 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 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 \11\ and Rule 19b-
4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of 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.
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    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily 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 under 
Section 19(b)(2)(B) of the Act \13\ to determine whether the proposed 
rule change should be approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 [email protected]. Please include 
File Number SR-NYSEArca-2015-79 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2015-79. This 
file number should be included on the subject line if email is used. To 
help the

[[Page 58796]]

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 Section, 100 F Street NE., 
Washington, DC 20549 on official business days between 10 a.m. and 3 
p.m. Copies of the filing will also be available for inspection and 
copying at the NYSE's principal office and on its Internet Web site at 
www.nyse.com. 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-2015-79 and should be submitted on or before October 21, 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. 2015-24715 Filed 9-29-15; 8:45 am]
BILLING CODE 8011-01-P



                                                  58794                   Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Notices

                                                     The proposed changes to OPIC–248                       Description of Affected Public: U.S.                Bond Active Exchange-Traded Fund.
                                                  clarify existing questions, incorporate                 companies or citizens investing                       The Fund is currently listed and traded
                                                  sector-specific development impact                      overseas.                                             on the Exchange under NYSE Arca
                                                  questions, and eliminate ineffective                      Reporting Hours: 644 (2.8 hours per                 Equities Rule 8.600. The text of the
                                                  questions in an effort to harmonize                     form).                                                proposed rule change is available on the
                                                  development impact indicators with                        Number of Responses: 230 per year.                  Exchange’s Web site at www.nyse.com,
                                                  other Development Finance Institutions                    Federal Cost: $28,389.                              at the principal office of the Exchange,
                                                  (‘‘DFIs’’). OPIC is a signatory to a                      Authority for Information Collection:               and at the Commission’s Public
                                                  ‘‘Memorandum of Understanding’’ with                    Sections 231, 231A, 239(d), 239(h),                   Reference Room.
                                                  25 partnering DFIs to harmonize                         240A of the Foreign Assistance Act of                 II. Self-Regulatory Organization’s
                                                  developmental impact metrics where                      1961, as amended.                                     Statement of the Purpose of, and
                                                  possible. The goal of this effort is to                   Abstract (Needs and Uses): The Office               Statutory Basis for, the Proposed Rule
                                                  reduce the burden on clients that seek                  of Investment Policy Questionnaire is                 Change
                                                  financing from multiple DFIs and to                     the principal document used by OPIC to
                                                  instill best practices in the collection                prepare a developmental impact profile                   In its filing with the Commission, the
                                                  and the reporting on OPIC’s                             and determine the projected impact on                 self-regulatory organization included
                                                  developmental impacts. In order to                      the United States, as well as to                      statements concerning the purpose of,
                                                  minimize the reporting burden on                        determine the project’s compliance with               and basis for, the proposed rule change
                                                  respondents, OPIC has designed OPIC–                    environmental and labor policies, as                  and discussed any comments it received
                                                  248 as an electronic form that has                      consistent with OPIC’s authorizing                    on the proposed rule change. The text
                                                  multiple drop-down options, in which                    legislation.                                          of those statements may be examined at
                                                  the respondent only responds to                                                                               the places specified in Item IV below.
                                                                                                            Dated: September 25, 2015.                          The Exchange has prepared summaries,
                                                  questions that are applicable to their                  Nichole Skoyles,
                                                  investment.                                                                                                   set forth in sections A, B, and C below,
                                                                                                          Administrative Counsel, Department of Legal           of the most significant parts of such
                                                  DATES:  Comments must be received                       Affairs.                                              statements.
                                                  within thirty (30) calendar days of                     [FR Doc. 2015–24798 Filed 9–29–15; 8:45 am]
                                                                                                                                                                A. Self-Regulatory Organization’s
                                                  publication of this Notice.                             BILLING CODE 3210–01–P
                                                                                                                                                                Statement of the Purpose of, and the
                                                  ADDRESSES: Mail all comments and                                                                              Statutory Basis for, the Proposed Rule
                                                  requests for copies of the subject form                                                                       Change
                                                  to OPIC’s Agency Submitting Officer:                    SECURITIES AND EXCHANGE
                                                  James Bobbitt, Overseas Private                         COMMISSION                                            1. Purpose
                                                  Investment Corporation, 1100 New York                   [Release No. 34–75978; File No. SR–                      The Commission has approved a
                                                  Avenue NW., Washington, DC 20527.                       NYSEArca–2015–79]                                     proposed rule change relating to listing
                                                  See SUPPLEMENTARY INFORMATION for                                                                             and trading on the Exchange of shares
                                                  other information about filing.                         Self-Regulatory Organizations; NYSE                   (‘‘Shares’’) of the PIMCO Intermediate
                                                  FOR FURTHER INFORMATION CONTACT:                        Arca, Inc.; Notice of Filing and                      Municipal Bond Active Exchange-
                                                  OPIC Agency Submitting Officer: James                   Immediate Effectiveness of Proposed                   Traded Fund (‘‘Fund’’) under NYSE
                                                  Bobbitt, (202) 336–8558.                                Rule Change Regarding the PIMCO                       Arca Equities Rule 8.600,4 which
                                                                                                          Intermediate Municipal Bond Active                    governs the listing and trading of
                                                  SUPPLEMENTARY INFORMATION: OPIC                         Exchange-Traded Fund                                  Managed Fund Shares.5 The Shares are
                                                  received no comments in response to                                                                           offered by PIMCO ETF Trust (the
                                                  the sixty (60) day notice published in                  September 24, 2015.                                   ‘‘Trust’’), a statutory trust organized
                                                  Federal Register volume 80 page 38241                      Pursuant to Section 19(b)(1) 1 of the              under the laws of the State of Delaware
                                                  on July 2, 2015. All mailed comments                    Securities Exchange Act of 1934 (the
                                                  and requests for copies of the subject                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   4 See Securities Exchange Act Release No. 60619

                                                  form should include form number                         notice is hereby given that, on                       (September 3, 2009), 74 FR 46820 (September 11,
                                                  OPIC–248 on both the envelope and in                    September 11, 2015, NYSE Arca, Inc.                   2009) (SR–NYSEArca–2009–79) (notice of filing of
                                                                                                                                                                proposed rule change relating to listing and trading
                                                  the subject line of the letter. Electronic              (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed             of Shares of the Fund and four other funds of the
                                                  comments and requests for copies of the                 with the Securities and Exchange                      PIMCO ETF Trust on the Exchange) (‘‘Prior
                                                  subject form may be sent to                             Commission (the ‘‘Commission’’) the                   Notice’’); Securities Exchange Act Release No.
                                                  James.Bobbitt@opic.gov, subject line                    proposed rule change as described in                  60981 (November 10, 2009), 74 FR 59594
                                                                                                                                                                (November 11, 2009) (SR–NYSEArca–2009–79)
                                                  OPIC248.                                                Items I and II below, which Items have                (order approving listing and trading of Shares of the
                                                                                                          been prepared by the self-regulatory                  Fund and four other funds of the PIMCO ETF Trust
                                                  Summary Form Under Review
                                                                                                          organization. The Commission is                       on the Exchange) (‘‘Prior Order’’ and, together with
                                                    Type of Request: Revision of a                        publishing this notice to solicit                     the Prior Notice, the ‘‘Prior Release’’).
                                                                                                                                                                   5 A Managed Fund Share is a security that
                                                  currently approved information                          comments on the proposed rule change                  represents an interest in an investment company
                                                  collection.                                             from interested persons.                              registered under the Investment Company Act of
                                                    Title: Office of Investment Policy                    I. Self-Regulatory Organization’s
                                                                                                                                                                1940 (15 U.S.C. 80a–1) (‘‘1940 Act’’) organized as
                                                  Questionnaire.                                                                                                an open-end investment company or similar entity
                                                                                                          Statement of the Terms of Substance of                that invests in a portfolio of securities selected by
                                                    Form Number: OPIC–248.                                the Proposed Rule Change                              its investment adviser consistent with its
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    Frequency of Use: One per investor                                                                          investment objectives and policies. In contrast, an
                                                                                                            The Exchange proposes to reflect a                  open-end investment company that issues
                                                  per project.
                                                                                                          change to the average portfolio duration              Investment Company Units, listed and traded on
                                                    Type of Respondents: Business or                      of the PIMCO Intermediate Municipal                   the Exchange under NYSE Arca Equities Rule
                                                  other institution (except farms);                                                                             5.2(j)(3), seeks to provide investment results that
                                                  individuals.                                                                                                  correspond generally to the price and yield
                                                                                                            1 15 U.S.C. 78s(b)(1).                              performance of a specific foreign or domestic stock
                                                    Standard Industrial Classification                      2 15 U.S.C. 78a.                                    index, fixed income securities index or combination
                                                  Codes: All.                                               3 17 CFR 240.19b–4.                                 thereof.



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                                                                           Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Notices                                                      58795

                                                  and registered with the Commission as                     and continued listing requirements                     III. Date of Effectiveness of the
                                                  an open-end management investment                         under NYSE Arca Equities Rule 8.600.                   Proposed Rule Change and Timing for
                                                  company.6 The investment manager to                         The Adviser represents that the                      Commission Action
                                                  the Fund is Pacific Investment                            investment objective of the Fund is not                   Because the proposed rule change
                                                  Management Company LLC (‘‘PIMCO’’                         changing.                                              does not (i) significantly affect the
                                                  or the ‘‘Adviser’’). The Fund’s Shares                                                                           protection of investors or the public
                                                  are currently listed and traded on the                    2. Statutory Basis
                                                                                                                                                                   interest; (ii) impose any significant
                                                  Exchange under NYSE Arca Equities                            The basis under the Act for this                    burden on competition; and (iii) become
                                                  Rule 8.600.                                               proposed rule change is the requirement                operative for 30 days from the date on
                                                     According to the Registration                          under Section 6(b)(5) 10 that an                       which it was filed, or such shorter time
                                                  Statement and the Prior Release, the                      exchange have rules that are designed to               as the Commission may designate, if
                                                  average portfolio duration of the Fund                    prevent fraudulent and manipulative                    consistent with the protection of
                                                  normally varies from three to eight                       acts and practices, to promote just and                investors and the public interest, the
                                                  years, based on PIMCO’s forecast for                      equitable principles of trade, to remove               proposed rule change has become
                                                  interest rates.7                                          impediments to, and perfect the
                                                     Going forward, the average portfolio                                                                          effective pursuant to Section 19(b)(3)(A)
                                                                                                            mechanism of a free and open market                    of the Act 11 and Rule 19b–4(f)(6)
                                                  duration of the Fund normally would                       and, in general, to protect investors and
                                                  vary within (negative) 2 years to                                                                                thereunder.12
                                                                                                            the public interest.                                      At any time within 60 days of the
                                                  positive 4 years of the portfolio duration
                                                                                                               The proposed rule change is designed                filing of such proposed rule change, the
                                                  of the securities comprising the Barclays
                                                                                                            to perfect the mechanism of a free and                 Commission summarily may
                                                  1–15 Year Municipal Bond Index
                                                                                                            open market and, in general, to protect                temporarily suspend such rule change if
                                                  (‘‘Index’’), as calculated by PIMCO,
                                                                                                            investors and the public interest. The                 it appears to the Commission that such
                                                  which as of June 30, 2015 was 5.11
                                                                                                            Exchange believes that the change to the               action is necessary or appropriate in the
                                                  years.8 Thus, as of June 30, 2015,
                                                                                                            average portfolio duration of the Fund                 public interest, for the protection of
                                                  average portfolio duration of the Fund
                                                                                                            will not adversely impact investors or                 investors, or otherwise in furtherance of
                                                  normally would vary within
                                                                                                            Exchange trading. Such change would                    the purposes of the Act. If the
                                                  approximately 3.11 years and 9.11
                                                                                                            accommodate a duration that, while                     Commission takes such action, the
                                                  years.
                                                     The Adviser represents that the                        generally comparable to the existing                   Commission shall institute proceedings
                                                  proposed change to the average portfolio                  average portfolio duration normally of                 under Section 19(b)(2)(B) of the Act 13 to
                                                  duration of the Fund is consistent with                   three to eight years, will provide the                 determine whether the proposed rule
                                                  the Fund’s investment objective, and                      Fund with additional flexibility in                    change should be approved or
                                                  will further assist the Adviser to achieve                managing the duration of the Fund’s                    disapproved.
                                                  such investment objective. Except for                     holdings using the average portfolio
                                                                                                            duration of the Barclays 1–15 Year                     IV. Solicitation of Comments
                                                  the change noted above, all other
                                                  representations made in the Prior                         Municipal Bond Index, as calculated by                   Interested persons are invited to
                                                  Release remain unchanged.9 The Fund                       PIMCO, as the benchmark against which                  submit written data, views, and
                                                  will continue to comply with all initial                  the Fund’s average portfolio duration                  arguments concerning the foregoing,
                                                                                                            would be measured. Further, a more                     including whether the proposed rule
                                                     6 The Trust is registered under the Investment         flexible duration bandwidth will allow                 change is consistent with the Act.
                                                  Company Act of 1940 (‘‘1940 Act’’). On October 27,        the Fund to respond more effectively to                Comments may be submitted by any of
                                                  2014, the Trust filed with the Commission the most        changing market conditions. The                        the following methods:
                                                  recent post-effective amendment to its registration
                                                                                                            Index’s average duration, as calculated
                                                  statement under the Securities Act of 1933 (15                                                                   Electronic Comments
                                                  U.S.C. 77a) (‘‘1933 Act’’) and under the 1940 Act         by PIMCO, is typically published
                                                  relating to the Fund (File Nos. 333–155395 and            monthly, while the Fund’s average                        • Use the Commission’s Internet
                                                  811–22250) (the ‘‘Registration Statement’’). The          portfolio duration is typically available              comment form (http://www.sec.gov/
                                                  description of the operation of the Trust and the                                                                rules/sro.shtml); or
                                                  Fund herein is based, in part, on the Registration        daily, on the Fund’s Web site.
                                                  Statement. A change to the name of the Fund from
                                                                                                                                                                     • Send an email to rule-comments@
                                                  PIMCO Intermediate Municipal Bond Strategy Fund
                                                                                                            B. Self-Regulatory Organization’s                      sec.gov. Please include File Number SR–
                                                  to PIMCO Intermediate Municipal Bond Exchange-            Statement on Burden on Competition                     NYSEArca–2015–79 on the subject line.
                                                  Traded Fund was reflected in an amendment to the
                                                  Registration Statement, effective October 31, 2012.         The Exchange does not believe that                   Paper Comments
                                                  A change to the name of the Fund from PIMCO               the proposed rule change will impose
                                                  Intermediate Municipal Bond Exchange-Traded               any burden on competition that is not                     • Send paper comments in triplicate
                                                  Fund to PIMCO Intermediate Municipal Bond                 necessary or appropriate in furtherance                to Brent J. Fields, Secretary, Securities
                                                  Active Exchange-Traded Fund was reflected in an
                                                                                                            of the purpose of the Act. The Exchange                and Exchange Commission, 100 F Street
                                                  amendment to the Registration Statement, effective                                                               NE., Washington, DC 20549–1090.
                                                  October 31, 2014. In addition, the Commission has         believes the proposed rule change will
                                                  issued an order granting certain exemptive relief to      enhance competition among issues of                    All submissions should refer to File
                                                  the Trust under the 1940 Act. See Investment
                                                                                                            exchange-traded funds that invest in                   Number SR–NYSEArca–2015–79. This
                                                  Company Act Release No. 28993 (November 10,                                                                      file number should be included on the
                                                  2009) (File No. 812–13571) (‘‘Exemptive Order’’).         municipal securities.
                                                     7 Duration is a measure used to determine the                                                                 subject line if email is used. To help the
                                                  sensitivity of a security’s price to changes in
                                                                                                            C. Self-Regulatory Organization’s
                                                  interest rates. The longer a security’s duration, the     Statement on Comments on the                             11 15  U.S.C. 78s(b)(3)(A).
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                                                  more sensitive it will be to changes in interest rates.   Proposed Rule Change Received From                       12 17  CFR 240.19b–4(f)(6). As required under Rule
                                                     8 The Exchange notes that the Commission has
                                                                                                            Members, Participants, or Others                       19b–4(f)(6)(iii), the Exchange provided the
                                                  approved the listing and trading of other issues of                                                              Commission with written notice of its intent to file
                                                  Managed Fund Shares that have applied a                     No written comments were solicited                   the proposed rule change, along with a brief
                                                  comparable average portfolio duration to that             or received with respect to the proposed               description and the text of the proposed rule
                                                  proposed for the Fund. See, e.g., the Prior Release,                                                             change, at least five business days prior to the date
                                                  note 4, supra.
                                                                                                            rule change.                                           of filing of the proposed rule change, or such
                                                     9 See note 4, supra. All terms referenced but not                                                             shorter time as designated by the Commission.
                                                  defined herein are defined in the Prior Release.           10 15   U.S.C. 78f(b)(5).                               13 15 U.S.C. 78s(b)(2)(B).




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                                                  58796                     Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Notices

                                                  Commission process and review your                        SECURITIES AND EXCHANGE                                 Federal Register on June 23, 2015.4 The
                                                  comments more efficiently, please use                     COMMISSION                                              Commission received no comment
                                                  only one method. The Commission will                                                                              letters on this proposal. This Order
                                                                                                            [Release No. 34–75980; File No. 4–668]
                                                  post all comments on the Commission’s                                                                             approves Amendment No. 2 to the
                                                  Internet Web site (http://www.sec.gov/                    Joint Industry Plan; Order Approving                    Selection Plan.
                                                  rules/sro.shtml). Copies of the                           Amendment No. 2 to the National                         II. Background and Description of the
                                                  submission, all subsequent                                Market System Plan Governing the                        Proposal
                                                  amendments, all written statements                        Process of Selecting a Plan Processor
                                                  with respect to the proposed rule                         and Developing a Plan for the                           A. Background
                                                  change that are filed with the                            Consolidated Audit Trail by BATS                           The Commission adopted Rule 613 on
                                                  Commission, and all written                               Exchange, Inc., BATS–Y Exchange,                        July 11, 2012, to require the SROs to
                                                  communications relating to the                            Inc., BOX Options Exchange LLC, C2                      jointly submit an NMS plan to create,
                                                  proposed rule change between the                          Options Exchange, Incorporated,                         implement, and maintain a consolidated
                                                  Commission and any person, other than                     Chicago Board Options Exchange,                         audit trail (‘‘CAT NMS Plan’’).5 In
                                                  those that may be withheld from the                       Incorporated, Chicago Stock                             response, the SROs engaged in a request
                                                  public in accordance with the                             Exchange, Inc., EDGA Exchange, Inc.,                    for proposal (‘‘RFP’’) process to help
                                                                                                            EDGX Exchange, Inc., Financial                          them develop an NMS Plan proposal
                                                  provisions of 5 U.S.C. 552, will be
                                                                                                            Industry Regulatory Authority, Inc.,                    and solicit bids (‘‘Bids’’) for the role of
                                                  available for Web site viewing and
                                                                                                            International Securities Exchange,                      Plan Processor 6 to build, operate,
                                                  printing in the Commission’s Public                                                                               administer, and maintain the
                                                  Reference Section, 100 F Street NE.,                      LLC, ISE Gemini, LLC, Miami
                                                                                                            International Securities Exchange LLC,                  consolidated audit trail. The Selection
                                                  Washington, DC 20549 on official                                                                                  Plan, which was approved by the
                                                                                                            NASDAQ OMX BX, Inc., NASDAQ OMX
                                                  business days between 10 a.m. and 3                                                                               Commission on February 21, 2014, sets
                                                                                                            PHLX LLC, The NASDAQ Stock Market
                                                  p.m. Copies of the filing will also be                                                                            forth the process by which the
                                                                                                            LLC, National Stock Exchange, Inc.,
                                                  available for inspection and copying at                   New York Stock Exchange LLC, NYSE                       Participants will review, evaluate, and
                                                  the NYSE’s principal office and on its                    MKT LLC, and NYSE Arca, Inc.                            narrow down the Bids submitted in
                                                  Internet Web site at www.nyse.com. All                                                                            response to the RFP to ‘‘Shortlisted
                                                  comments received will be posted                          September 24, 2015.                                     Bids,’’ and ultimately select the Plan
                                                  without change; the Commission does                       I. Introduction                                         Processor following Commission
                                                  not edit personal identifying                                                                                     approval of the proposed CAT NMS
                                                  information from submissions. You                            On March 6, 2015, BATS Exchange,                     Plan.7 Amendment No.1 to the Selection
                                                  should submit only information that                       Inc., BATS–Y Exchange, Inc., BOX                        Plan, which the Commission approved
                                                  you wish to make available publicly. All                  Options Exchange LLC, C2 Options                        on June 17, 2015, among other things,
                                                  submissions should refer to File                          Exchange, Incorporated, Chicago Board                   permits the SROs to vote to narrow the
                                                                                                            Options Exchange, Incorporated,                         set of Shortlisted Bids to an even shorter
                                                  Number SR–NYSEArca–2015–79 and
                                                                                                            Chicago Stock Exchange, Inc., EDGA                      list prior to Commission approval of the
                                                  should be submitted on or before
                                                                                                            Exchange, Inc., EDGX Exchange, Inc.,                    proposed CAT NMS Plan.8 The
                                                  October 21, 2015.
                                                                                                            Financial Industry Regulatory                           Selection Plan, as amended, provides
                                                    For the Commission, by the Division of                  Authority, Inc., International Securities               that the SROs’ Selection Committee will
                                                  Trading and Markets, pursuant to delegated                Exchange, LLC, ISE Gemini, LLC, Miami                   vote to select the Plan Processor from
                                                  authority.14                                              International Securities Exchange LLC,                  among the remaining bidders, using a
                                                  Robert W. Errett,                                         NASDAQ OMX BX, Inc., NASDAQ                             two-round voting process, within two
                                                  Deputy Secretary.                                         OMX PHLX LLC, The NASDAQ Stock                          months of Commission approval of the
                                                  [FR Doc. 2015–24715 Filed 9–29–15; 8:45 am]
                                                                                                            Market LLC, National Stock Exchange,                    proposed CAT NMS Plan.9
                                                                                                            Inc., New York Stock Exchange LLC,
                                                  BILLING CODE 8011–01–P
                                                                                                            NYSE MKT LLC, and NYSE Arca, Inc.                       B. Description of the Proposal
                                                                                                            (collectively, ‘‘SROs’’ or ‘‘Participants’’)               Amendment No. 1 included a
                                                                                                            filed with the Securities and Exchange                  provision providing that no SRO shall
                                                                                                            Commission (‘‘Commission’’ or ‘‘SEC’’)                  vote in the process narrowing the set of
                                                                                                            pursuant to Section 11A of the                          Shortlisted Bidders if a Bid submitted
                                                                                                            Securities Exchange Act of 1934                         by the SRO or an Affiliate of the SRO
                                                                                                            (‘‘Act’’),1 and Rule 608 thereunder,2 an                is a Shortlisted Bid or if the SRO or its
                                                                                                            amendment (‘‘Amendment No. 2’’) to                      Affiliate is included as a material
                                                                                                            the National Market System (‘‘NMS’’)                    subcontractor as part of a Bid (a
                                                                                                            Plan Governing the Process of Selecting
                                                                                                                                                                       4 See Securities Exchange Act Release No. 75193
                                                                                                            a Plan Processor and Developing a Plan
                                                                                                                                                                    (June 17, 2015), 80 FR 36006 (June 23, 2015)
                                                                                                            for the Consolidated Audit Trail                        (‘‘Notice of Amendment No. 2’’).
                                                                                                            (‘‘Selection Plan’’).3 Amendment No. 2                     5 Securities Exchange Act Release No. 67457 (July
                                                                                                            was published for comment in the                        18, 2012), 77 FR 45722 (Aug. 1, 2012).
                                                                                                                                                                       6 Unless otherwise noted, capitalized terms are
                                                                                                              1 15 U.S.C. 78k–1.                                    used as defined in Rule 613, in the Selection Plan,
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                                                                                                              2 17 CFR 242.608.                                     or in this Order.
                                                                                                               3 The Selection Plan is an NMS Plan approved by         7 See Order Approving Selection Plan, supra note

                                                                                                            the Commission pursuant to Section 11A of the Act       3.
                                                                                                                                                                       8 See Securities Exchange Act Release No. 75192,
                                                                                                            and Rule 608 thereunder. See Securities Exchange
                                                                                                            Act Release No. 71596 (Feb. 21, 2014), 79 FR 11152      80 FR 36028 (June 23, 2015) (‘‘Order Approving
                                                                                                            (Feb. 27, 2014) (‘‘Order Approving Selection Plan’’);   Amendment No. 1’’).
                                                                                                            see also Securities Exchange Act Release No. 70892         9 See Order Approving Selection Plan, supra note

                                                                                                            (Nov. 15, 2013), 78 FR 69910 (Nov. 21, 2013)            3; Order Approving Amendment No. 1, supra note
                                                    14 17   CFR 200.30–3(a)(12).                            (‘‘Notice of Selection Plan’’).                         8.



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Document Created: 2015-12-15 09:32:11
Document Modified: 2015-12-15 09:32:11
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 58794 

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