80_FR_58986 80 FR 58797 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to a Change to the Secondary Benchmark Index Applicable to Shares of the PIMCO Global Advantage® Inflation-Linked Bond Active Exchange-Traded Fund

80 FR 58797 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to a Change to the Secondary Benchmark Index Applicable to Shares of the PIMCO Global Advantage® Inflation-Linked Bond Active Exchange-Traded Fund

SECURITIES AND EXCHANGE COMMISSION

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

Page Range58797-58799
FR Document2015-24716

Federal Register, Volume 80 Issue 189 (Wednesday, September 30, 2015)
[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Notices]
[Pages 58797-58799]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24716]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75979; File No. SR-NYSEArca-2015-80]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Relating to a 
Change to the Secondary Benchmark Index Applicable to Shares of the 
PIMCO Global Advantage[supreg] Inflation-Linked 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 secondary 
benchmark index applicable to shares of the PIMCO Global 
Advantage[supreg] Inflation-Linked 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 
Global Advantage[supreg] Inflation-Linked 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

[[Page 58798]]

offered by PIMCO ETF Trust (the ``Trust''), a statutory trust organized 
under the laws of the State of Delaware and registered with the 
Commission as an open-end management investment company.\6\ The 
investment manager to the Fund is Pacific Investment Management Company 
LLC (``PIMCO'' or the ``Adviser''). The Fund's Shares are currently 
listed and traded on the Exchange under NYSE Arca Equities Rule 8.600.
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    \4\ See Securities Exchange Act Release No. 66381 (February 10, 
2012), 77 FR 9281 (February 16, 2012) (SR-NYSEArca-2012-09) (notice 
of filing of proposed rule change relating to listing and trading of 
Shares of the Fund on the Exchange) (``Prior Notice''); Securities 
Exchange Act Release No. 66670 (March 28, 2012), 77 FR 20087 (April 
3, 2012) (SR-NYSEArca-2012-09) (order approving listing and trading 
of Shares of the Fund 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 Global Advantage[supreg] 
Inflation-Linked Bond Exchange-Traded Fund to PIMCO Global 
Advantage[supreg] Inflation-Linked Bond Active Exchange-Traded Fund 
was reflected in such amendment to the Registration Statement. In 
addition, the Commission has issued an order granting certain 
exemptive relief to the Trust under the 1940 Act. See Investment 
Company Act Release No. 28993 (November 10, 2009) (File No. 812-
13571) (``Exemptive Order'').
---------------------------------------------------------------------------

    According to the Registration Statement and the Prior Release, the 
Fund utilizes the PIMCO Global Advantage Inflation-Linked Bond 
Index[supreg] as a secondary benchmark. Going forward, the Fund 
proposes to utilize the PIMCO Global Advantage Inflation-Linked Bond 
Index[supreg] (USD Partially Hedged) as the Fund's secondary benchmark. 
The proposal would change the secondary benchmark used by the Fund from 
an unhedged version of the index to one that is partially-hedged.
    The Adviser represents that the proposed change to the secondary 
benchmark index is consistent with the Fund's investment objective, and 
will further assist the Adviser to achieve such investment objective. 
The Adviser further represents that the change to the secondary 
benchmark index may better optimize the risk/return profile of the Fund 
as compared to the prior secondary benchmark index. Except for the 
change noted above, all other representations made in the Prior Release 
remain unchanged.\7\ The Fund will continue to comply with all initial 
and continued listing requirements under NYSE Arca Equities Rule 8.600.
---------------------------------------------------------------------------

    \7\ See note 4, supra. All terms referenced but not defined 
herein are defined in the Prior Release.
---------------------------------------------------------------------------

    Although the investment objective of the Fund is not changing, it 
will be indirectly affected by the proposed change because the Fund's 
investment objective is to seek ``total return which exceeds that of 
its benchmark indexes, consistent with prudent investment management.''
2. Statutory Basis
    The basis under the Act for this proposed rule change is the 
requirement under Section 6(b)(5) \8\ 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.
---------------------------------------------------------------------------

    \8\ 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 proposed change to the Fund's secondary benchmark 
index will not adversely impact investors or Exchange trading. The 
proposal would change the secondary benchmark used by the Fund from an 
unhedged version of the index to one that is partially-hedged. The 
Adviser represents that the proposed change to the secondary benchmark 
index is consistent with the Fund's investment objective and will 
further assist the Adviser to achieve such investment objective. The 
Adviser further represents that the change to the secondary benchmark 
index may better optimize the risk/return profile of the Fund as 
compared to the prior secondary benchmark index. Except for the change 
noted above, all other representations made in the Prior Release remain 
unchanged.

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 fixed income securities.

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

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

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

    Because the 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 \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 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.
---------------------------------------------------------------------------

    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 \11\ to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \11\ 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-2015-80 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-2015-80. This 
file number should be included on the subject line if email is used. To 
help the

[[Page 58799]]

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-2015-80 and should be submitted on or before October 21, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-24716 Filed 9-29-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Notices                                                    58797

                                                  ‘‘Bidding Participant’’ 10).11 The same                    maintenance of fair and orderly markets,             I. Self-Regulatory Organization’s
                                                  recusal provision exists in the second—                    and to remove impediments to, and                    Statement of the Terms of Substance of
                                                  but not the first—round of a two-round                     perfect the mechanisms of, a national                the Proposed Rule Change
                                                  voting process by the Selection                            market system. By extending the                         The Exchange proposes to reflect a
                                                  Committee 12 to select the Plan                            aforementioned recusal requirement to                change to the secondary benchmark
                                                  Processor from among the Shortlisted                       both selection rounds, Amendment No.                 index applicable to shares of the PIMCO
                                                  Bidders.13 The SROs state that they                        2 adds an additional procedural                      Global Advantage® Inflation-Linked
                                                  included the recusal provision to                          safeguard that is designed to further the            Bond Active Exchange-Traded Fund.
                                                  address potential conflicts of interest in                 fairness and impartiality of the Plan                The Fund is currently listed and traded
                                                  selecting the Plan Processor.                              Processor selection.                                 on the Exchange under NYSE Arca
                                                     In Amendment No. 2, the SROs                                                                                 Equities Rule 8.600. The text of the
                                                                                                             IV. Conclusion
                                                  propose to modify the Selection Plan to                                                                         proposed rule change is available on the
                                                  require that an SRO that is a Bidding                         For the reasons discussed above, the
                                                                                                                                                                  Exchange’s Web site at www.nyse.com,
                                                  Participant be recused from voting in                      Commission finds that Amendment No.
                                                                                                                                                                  at the principal office of the Exchange,
                                                  any round to select the Plan Processor                     2 is appropriate in the public interest,
                                                                                                                                                                  and at the Commission’s Public
                                                  in which a Bid from or including such                      for the protection of investors and the
                                                                                                                                                                  Reference Room.
                                                  Bidding Participant or its Affiliate is                    maintenance of fair and orderly markets,
                                                  being considered.14 Amendment No. 2                        and to remove impediments to, and                    II. Self-Regulatory Organization’s
                                                  therefore would extend to the first                        perfect the mechanisms of, a national                Statement of the Purpose of, and
                                                  selection round the recusal requirement                    market system, or otherwise in                       Statutory Basis for, the Proposed Rule
                                                  that is currently only in place for the                    furtherance of the purposes of the Act.              Change
                                                  second selection round and the vote, if                       It is therefore ordered, pursuant to                In its filing with the Commission, the
                                                  any, that narrows the list of Shortlisted                  Section 11A of the Act,18 and the rules              self-regulatory organization included
                                                  Bidders.                                                   thereunder, that Amendment No. 2 to                  statements concerning the purpose of,
                                                     The SROs reiterate that the Selection                   the Selection Plan be, and it hereby is,             and basis for, the proposed rule change
                                                  Plan balances the competing goals of                       approved.                                            and discussed any comments it received
                                                  ensuring all SROs participate                                By the Commission.                                 on the proposed rule change. The text
                                                  meaningfully in the process of                             Robert W. Errett,                                    of those statements may be examined at
                                                  developing the CAT NMS Plan and                                                                                 the places specified in Item IV below.
                                                                                                             Deputy Secretary.
                                                  mitigating potential conflicts of interest                                                                      The Exchange has prepared summaries,
                                                                                                             [FR Doc. 2015–24717 Filed 9–29–15; 8:45 am]
                                                  related to the involvement of a bidding                                                                         set forth in sections A, B, and C below,
                                                  SRO through information barriers and                       BILLING CODE 8011–01–P
                                                                                                                                                                  of the most significant parts of such
                                                  the voting limitations.15 The SROs state                                                                        statements.
                                                  that, based on their experience with
                                                                                                             SECURITIES AND EXCHANGE                              A. Self-Regulatory Organization’s
                                                  these existing measures, the Selection
                                                                                                             COMMISSION                                           Statement of the Purpose of, and the
                                                  Plan adequately addresses the potential
                                                  conflicts of interest related to bidding                   [Release No. 34–75979; File No. SR–                  Statutory Basis for, the Proposed Rule
                                                  SROs.16 Nonetheless, the SROs explain                      NYSEArca–2015–80]                                    Change
                                                  that requiring recusal in all rounds of                                                                         1. Purpose
                                                  the selection process will further the                     Self-Regulatory Organizations; NYSE
                                                  SROs’ goal of ensuring the fair and                        Arca, Inc.; Notice of Filing and                        The Commission has approved a
                                                  impartial consideration and selection of                   Immediate Effectiveness of Proposed                  proposed rule change relating to listing
                                                  the CAT Plan Processor.17                                  Rule Change Relating to a Change to                  and trading on the Exchange of shares
                                                                                                             the Secondary Benchmark Index                        (‘‘Shares’’) of the PIMCO Global
                                                  III. Discussion                                            Applicable to Shares of the PIMCO                    Advantage® Inflation-Linked Bond
                                                     After careful review, the Commission                    Global Advantage® Inflation-Linked                   Active Exchange-Traded Fund (‘‘Fund’’)
                                                  finds that Amendment No. 2 is                              Bond Active Exchange-Traded Fund                     under NYSE Arca Equities Rule 8.600,4
                                                  appropriate in the public interest, for                                                                         which governs the listing and trading of
                                                                                                             September 24, 2015.                                  Managed Fund Shares.5 The Shares are
                                                  the protection of investors and the
                                                                                                                Pursuant to Section 19(b)(1) 1 of the
                                                    10 The   Selection Plan defines ‘‘Bidding                Securities Exchange Act of 1934 (the                    4 See Securities Exchange Act Release No. 66381

                                                  Participant’’ as a Participant that: (1) Submits a Bid;    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3               (February 10, 2012), 77 FR 9281 (February 16, 2012)
                                                  (2) is an Affiliate of an entity that submits a Bid;       notice is hereby given that, on                      (SR–NYSEArca–2012–09) (notice of filing of
                                                  or (3) is included, or is an Affiliate of an entity that                                                        proposed rule change relating to listing and trading
                                                                                                             September 11, 2015, NYSE Arca, Inc.                  of Shares of the Fund on the Exchange) (‘‘Prior
                                                  is included, as a Material Subcontractor as part of
                                                  a Bid. See Notice of Selection Plan, supra note 3,         (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed            Notice’’); Securities Exchange Act Release No.
                                                  Exhibit A, at 2.                                           with the Securities and Exchange                     66670 (March 28, 2012), 77 FR 20087 (April 3,
                                                     11 See Order Approving Amendment No. 1, supra           Commission (the ‘‘Commission’’) the                  2012) (SR–NYSEArca–2012–09) (order approving
                                                  note 8.                                                                                                         listing and trading of Shares of the Fund on the
                                                                                                             proposed rule change as described in                 Exchange) (‘‘Prior Order’’ and, together with the
                                                     12 The Selection Committee is composed of one
                                                                                                             Items I and II below, which Items have               Prior Notice, the ‘‘Prior Release’’).
                                                  senior officer from each Participant. See Section
                                                  V.A of the Selection Plan.                                 been prepared by the self-regulatory                    5 A Managed Fund Share is a security that

                                                     13 This two-round voting process would take             organization. The Commission is                      represents an interest in an investment company
                                                                                                                                                                  registered under the Investment Company Act of
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  place after any further narrowing of the Shortlisted       publishing this notice to solicit                    1940 (15 U.S.C. 80a–1) (‘‘1940 Act’’) organized as
                                                  Bids, if such narrowing were to occur pursuant to          comments on the proposed rule change                 an open-end investment company or similar entity
                                                  Amendment No. 1. See Order Approving
                                                  Amendment No. 1, supra note 8, at 36029 & n.21.
                                                                                                             from interested persons.                             that invests in a portfolio of securities selected by
                                                     14 Notice of Amendment No. 2, supra note 4, at
                                                                                                                                                                  its investment adviser consistent with its
                                                                                                                                                                  investment objectives and policies. In contrast, an
                                                  36007.                                                       18 15 U.S.C. 78k–1.                                open-end investment company that issues
                                                     15 Id.                                                    1 15 U.S.C.78s(b)(1).                              Investment Company Units, listed and traded on
                                                     16 Id.                                                    2 15 U.S.C. 78a.
                                                                                                                                                                  the Exchange under NYSE Arca Equities Rule
                                                     17 Id.                                                    3 17 CFR 240.19b–4.                                                                            Continued




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                                                  58798                   Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Notices

                                                  offered by PIMCO ETF Trust (the                         indirectly affected by the proposed                     III. Date of Effectiveness of the
                                                  ‘‘Trust’’), a statutory trust organized                 change because the Fund’s investment                    Proposed Rule Change and Timing for
                                                  under the laws of the State of Delaware                 objective is to seek ‘‘total return which               Commission Action
                                                  and registered with the Commission as                   exceeds that of its benchmark indexes,                     Because the proposed rule change
                                                  an open-end management investment                       consistent with prudent investment                      does not (i) significantly affect the
                                                  company.6 The investment manager to                     management.’’                                           protection of investors or the public
                                                  the Fund is Pacific Investment                                                                                  interest; (ii) impose any significant
                                                  Management Company LLC (‘‘PIMCO’’                       2. Statutory Basis
                                                                                                                                                                  burden on competition; and (iii) become
                                                  or the ‘‘Adviser’’). The Fund’s Shares                                                                          operative for 30 days from the date on
                                                                                                             The basis under the Act for this
                                                  are currently listed and traded on the                                                                          which it was filed, or such shorter time
                                                                                                          proposed rule change is the requirement
                                                  Exchange under NYSE Arca Equities                                                                               as the Commission may designate, if
                                                                                                          under Section 6(b)(5) 8 that an exchange
                                                  Rule 8.600.                                                                                                     consistent with the protection of
                                                     According to the Registration                        have rules that are designed to prevent
                                                                                                          fraudulent and manipulative acts and                    investors and the public interest, the
                                                  Statement and the Prior Release, the
                                                                                                          practices, to promote just and equitable                proposed rule change has become
                                                  Fund utilizes the PIMCO Global
                                                                                                          principles of trade, to remove                          effective pursuant to Section 19(b)(3)(A)
                                                  Advantage Inflation-Linked Bond
                                                                                                          impediments to, and perfect the                         of the Act 9 and Rule 19b–4(f)(6)
                                                  Index® as a secondary benchmark.
                                                  Going forward, the Fund proposes to                     mechanism of a free and open market                     thereunder.10
                                                                                                          and, in general, to protect investors and                  At any time within 60 days of the
                                                  utilize the PIMCO Global Advantage
                                                                                                                                                                  filing of such proposed rule change, the
                                                  Inflation-Linked Bond Index® (USD                       the public interest.
                                                                                                                                                                  Commission summarily may
                                                  Partially Hedged) as the Fund’s                            The proposed rule change is designed                 temporarily suspend such rule change if
                                                  secondary benchmark. The proposal                       to perfect the mechanism of a free and                  it appears to the Commission that such
                                                  would change the secondary benchmark                    open market and, in general, to protect
                                                  used by the Fund from an unhedged                                                                               action is necessary or appropriate in the
                                                                                                          investors and the public interest. The                  public interest, for the protection of
                                                  version of the index to one that is                     proposed change to the Fund’s
                                                  partially-hedged.                                                                                               investors, or otherwise in furtherance of
                                                                                                          secondary benchmark index will not                      the purposes of the Act. If the
                                                     The Adviser represents that the                      adversely impact investors or Exchange
                                                  proposed change to the secondary                                                                                Commission takes such action, the
                                                                                                          trading. The proposal would change the                  Commission shall institute proceedings
                                                  benchmark index is consistent with the
                                                                                                          secondary benchmark used by the Fund                    under Section 19(b)(2)(B) of the Act 11 to
                                                  Fund’s investment objective, and will
                                                                                                          from an unhedged version of the index                   determine whether the proposed rule
                                                  further assist the Adviser to achieve
                                                  such investment objective. The Adviser                  to one that is partially-hedged. The                    change should be approved or
                                                  further represents that the change to the               Adviser represents that the proposed                    disapproved.
                                                  secondary benchmark index may better                    change to the secondary benchmark
                                                                                                          index is consistent with the Fund’s                     IV. Solicitation of Comments
                                                  optimize the risk/return profile of the
                                                  Fund as compared to the prior                           investment objective and will further                     Interested persons are invited to
                                                  secondary benchmark index. Except for                   assist the Adviser to achieve such                      submit written data, views, and
                                                  the change noted above, all other                       investment objective. The Adviser                       arguments concerning the foregoing,
                                                  representations made in the Prior                       further represents that the change to the               including whether the proposed rule
                                                  Release remain unchanged.7 The Fund                     secondary benchmark index may better                    change is consistent with the Act.
                                                  will continue to comply with all initial                optimize the risk/return profile of the                 Comments may be submitted by any of
                                                  and continued listing requirements                      Fund as compared to the prior                           the following methods:
                                                  under NYSE Arca Equities Rule 8.600.                    secondary benchmark index. Except for                   Electronic Comments
                                                     Although the investment objective of                 the change noted above, all other
                                                                                                          representations made in the Prior                         • Use the Commission’s Internet
                                                  the Fund is not changing, it will be
                                                                                                          Release remain unchanged.                               comment form (http://www.sec.gov/
                                                                                                                                                                  rules/sro.shtml); or
                                                  5.2(j)(3), seeks to provide investment results that
                                                  correspond generally to the price and yield             B. Self-Regulatory Organization’s                         • Send an email to rule-comments@
                                                  performance of a specific foreign or domestic stock     Statement on Burden on Competition                      sec.gov. Please include File Number SR–
                                                  index, fixed income securities index or combination                                                             NYSEArca–2015–80 on the subject line.
                                                  thereof.                                                   The Exchange does not believe that
                                                    6 The Trust is registered under the Investment
                                                                                                          the proposed rule change will impose                    Paper Comments
                                                  Company Act of 1940 (‘‘1940 Act’’). On October 27,
                                                  2014, the Trust filed with the Commission the most
                                                                                                          any burden on competition that is not                      • Send paper comments in triplicate
                                                  recent post-effective amendment to its registration     necessary or appropriate in furtherance                 to Brent J. Fields, Secretary, Securities
                                                  statement under the Securities Act of 1933 (15          of the purpose of the Act. The Exchange                 and Exchange Commission, 100 F Street
                                                  U.S.C. 77a) (‘‘1933 Act’’) and under the 1940 Act       believes the proposed rule change will                  NE., Washington, DC 20549–1090.
                                                  relating to the Fund (File Nos. 333–155395 and
                                                  811–22250) (the ‘‘Registration Statement’’). The
                                                                                                          enhance competition among issues of                     All submissions should refer to File
                                                  description of the operation of the Trust and the       exchange-traded funds that invest in                    Number SR–NYSEArca–2015–80. This
                                                  Fund herein is based, in part, on the Registration      fixed income securities.                                file number should be included on the
                                                  Statement. A change to the name of the Fund from
                                                                                                                                                                  subject line if email is used. To help the
                                                  PIMCO Global Advantage® Inflation-Linked Bond           C. Self-Regulatory Organization’s
                                                  Exchange-Traded Fund to PIMCO Global                    Statement on Comments on the
                                                  Advantage® Inflation-Linked Bond Active                                                                           9 15  U.S.C. 78s(b)(3)(A).
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Exchange-Traded Fund was reflected in such
                                                                                                          Proposed Rule Change Received From                        10 17  CFR 240.19b–4(f)(6). As required under Rule
                                                  amendment to the Registration Statement. In             Members, Participants, or Others                        19b–4(f)(6)(iii), the Exchange provided the
                                                  addition, the Commission has issued an order                                                                    Commission with written notice of its intent to file
                                                  granting certain exemptive relief to the Trust under      No written comments were solicited                    the proposed rule change, along with a brief
                                                  the 1940 Act. See Investment Company Act Release        or received with respect to the proposed                description and the text of the proposed rule
                                                  No. 28993 (November 10, 2009) (File No. 812–                                                                    change, at least five business days prior to the date
                                                  13571) (‘‘Exemptive Order’’).
                                                                                                          rule change.                                            of filing of the proposed rule change, or such
                                                    7 See note 4, supra. All terms referenced but not                                                             shorter time as designated by the Commission.
                                                  defined herein are defined in the Prior Release.          8 15   U.S.C. 78f(b)(5).                                11 15 U.S.C. 78s(b)(2)(B).




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                                                                            Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Notices                                                      58799

                                                  Commission process and review your                        of 1934 (‘‘Act’’) 1 and Rule 19b–4                     Exchange has made the following
                                                  comments more efficiently, please use                     thereunder,2 a proposed rule change to                 representations and statements in
                                                  only one method. The Commission will                      list and trade shares (‘‘Shares’’) of the 1–           describing the Fund and its investment
                                                  post all comments on the Commission’s                     3 Month Enhanced Short Duration ETF                    strategy, including the Fund’s portfolio
                                                  Internet Web site (http://www.sec.gov/                    (‘‘Fund’’), a series of Plus Trust                     holdings and investment restrictions.7
                                                  rules/sro.shtml). Copies of the                           (‘‘Trust’’). The proposed rule change
                                                                                                                                                                   A. Exchange’s Description of the Fund’s
                                                  submission, all subsequent                                was published for comment in the
                                                                                                                                                                   Principal Investments
                                                  amendments, all written statements                        Federal Register on August 19, 2015.3
                                                  with respect to the proposed rule                         The Commission received no comments                       The Fund’s investment objective is to
                                                  change that are filed with the                            on the proposed rule change. This order                seek current income consistent with
                                                  Commission, and all written                               grants approval of the proposed rule                   preservation of capital and daily
                                                  communications relating to the                            change.                                                liquidity. Under normal market
                                                  proposed rule change between the                                                                                 conditions,8 the Fund will invest
                                                                                                            II. Description of the Proposed Rule                   substantially all of its net assets
                                                  Commission and any person, other than
                                                                                                            Change                                                 (exclusive of collateral with respect to
                                                  those that may be withheld from the
                                                  public in accordance with the                                The Exchange proposes to list and                   securities lending, repurchase, and
                                                  provisions of 5 U.S.C. 552, will be                       trade Shares of the Fund, an actively                  reverse repurchase agreement
                                                  available for Web site viewing and                        managed exchange-traded fund (‘‘ETF’’),                transactions) in U.S. Treasury securities,
                                                  printing in the Commission’s Public                       under NASDAQ Rule 5735, which                          which include bills, notes, and bonds
                                                  Reference Section, 100 F Street NE.,                      governs the listing and trading of                     issued by the U.S. Treasury, that have
                                                  Washington, DC 20549 on official                          ‘‘Managed Fund Shares’’ on the                         remaining maturities of greater than or
                                                  business days between 10 a.m. and 3                       Exchange. The Shares will be offered by                equal to one month and less than three
                                                  p.m. Copies of the filing will also be                    the Trust, which was established as a                  months.9 U.S. Treasury bills, notes, and
                                                  available for inspection and copying at                   Delaware statutory trust on December                   bonds are direct obligations of the U.S.
                                                  the NYSE’s principal office and on its                    10, 2014.4 The Exchange states that the                Treasury. U.S. Treasury bills have initial
                                                  Internet Web site at www.nyse.com. All                    Trust is registered with the Commission                maturities of one year or less, U.S.
                                                  comments received will be posted                          as an investment company and has filed                 Treasury notes have initial maturities
                                                  without change; the Commission does                       a registration statement on Form N–1A                  from two to 10 years, and U.S. Treasury
                                                  not edit personal identifying                             (‘‘Registration Statement’’) with the                  bonds have initial maturities of more
                                                  information from submissions. You                         Commission.5 New York Alaska ETF                       than 10 years. While U.S. Treasury
                                                  should submit only information that                       Management, LLC will be the                            securities are supported by the full faith
                                                  you wish to make available publicly. All                  investment adviser (‘‘Adviser’’) to the                and credit of the U.S. government, such
                                                  submissions should refer to File                          Fund.6 Foreside Fund Services, LLC                     securities are nonetheless subject to
                                                  Number SR–NYSEArca–2015–80 and                            will be the principal underwriter and                  credit risk, albeit minimal (i.e., the risk
                                                  should be submitted on or before                          distributor of the Fund’s Shares. The                  that the U.S. government may be, or
                                                  October 21, 2015.                                         Bank of New York Mellon (‘‘BNY                         may be perceived to be, unable to make
                                                    For the Commission, by the Division of                  Mellon’’) will act as the administrator,               interest and principal payments).
                                                  Trading and Markets, pursuant to delegated                accounting agent, custodian, and                          In order to enhance income, the Fund
                                                  authority.12                                              transfer agent to the Fund. The                        intends to enter into securities lending,
                                                  Robert W. Errett,                                                                                                repurchase agreement, and/or reverse
                                                                                                              1 15  U.S.C. 78s(b)(1).
                                                  Deputy Secretary.                                           2 17  CFR 240.19b–4.                                    7 The Commission notes that additional
                                                  [FR Doc. 2015–24716 Filed 9–29–15; 8:45 am]                  3 See Securities Exchange Act Release No. 75694
                                                                                                                                                                   information regarding the Fund, the Trust, and the
                                                  BILLING CODE 8011–01–P                                    (August 13, 2015), 80 FR 50358 (‘‘Notice’’).           Shares, including investment strategies, risks,
                                                                                                               4 The Exchange represents that the Trust has        creation and redemption procedures, fees, portfolio
                                                                                                            obtained certain exemptive relief under the            holdings disclosure policies, calculation of net asset
                                                  SECURITIES AND EXCHANGE                                   Investment Company Act of 1940 (‘‘1940 Act’’). See     value (‘‘NAV’’), distributions, and taxes, among
                                                                                                            Investment Company Act Release No. 31709 (July         other things, can be found in the Notice and the
                                                  COMMISSION                                                8, 2015). The Exchange further represents that the     Registration Statement, as applicable. See Notice
                                                  [Release No. 34–75975; File No. SR–                       Trust’s application for exemptive relief under the     and Registration Statement, supra notes 3 and 5,
                                                                                                            1940 Act states that the Fund will comply with the     respectively.
                                                  NASDAQ–2015–089]
                                                                                                            federal securities laws in accepting securities for       8 The term ‘‘under normal market conditions’’
                                                                                                            deposits and satisfying redemptions with               includes, but is not limited to, the absence of
                                                  Self-Regulatory Organizations; The                        redemption securities, including that the securities   extreme volatility or trading halts in the fixed
                                                  NASDAQ Stock Market LLC; Order                            accepted for deposits and the securities used to       income markets or the financial markets generally;
                                                  Granting Approval of Proposed Rule                        satisfy redemption requests are sold in transactions   operational issues causing dissemination of
                                                  Change Relating to the Listing and                        that would be exempt from registration under the       inaccurate market information; or force majeure
                                                                                                            Securities Act of 1933.                                type events such as systems failure, natural or man-
                                                  Trading of the 1–3 Month Enhanced                            5 See Registration Statement on Form N–1A for       made disaster, act of God, armed conflict, act of
                                                  Short Duration ETF, a Series of Plus                      the Trust filed on January 23, 2015 (File Nos. 333–    terrorism, riot or labor disruption, or any similar
                                                  Trust                                                     201658 and 811–23019).                                 intervening circumstance. In response to adverse
                                                                                                               6 The Exchange represents that the Adviser is not   market, economic, political, or other conditions, the
                                                  September 24, 2015.                                       registered as a broker-dealer and is not affiliated    Fund reserves the right to invest in cash, without
                                                                                                            with a broker-dealer. In the event (a) the Adviser     limitation, as determined by the Adviser. In the
                                                  I. Introduction                                           becomes newly affiliated with a broker-dealer or       event the Fund engages in these temporary
                                                                                                            registers as a broker-dealer, or (b) any new adviser   defensive strategies that are inconsistent with its
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                     On July 29, 2015, The NASDAQ Stock                                                                            investment strategies, the Fund’s ability to achieve
                                                                                                            or sub-adviser is a registered broker-dealer or
                                                  Market LLC (‘‘Exchange’’ or                               becomes affiliated with a broker-dealer, it will       its investment objectives may be limited.
                                                  ‘‘NASDAQ’’), filed with the Securities                    implement a fire wall with respect to its relevant        9 The U.S. Treasury securities in which the Fund

                                                  and Exchange Commission                                   personnel and/or such broker-dealer affiliate, if      may invest will include variable rate U.S. Treasury
                                                  (‘‘Commission’’), pursuant to section                     applicable, regarding access to information            securities, whose rates are adjusted daily (or at such
                                                                                                            concerning the composition and/or changes to the       other increment as may later be determined by the
                                                  19(b)(1) of the Securities Exchange Act                   portfolio and will be subject to procedures designed   Department of the U.S. Treasury) to correspond
                                                                                                            to prevent the use and dissemination of material       with the rate paid on one-month or three-month
                                                    12 17   CFR 200.30–3(a)(12).                            non-public information regarding such portfolio.       U.S. Treasury securities, as applicable.



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Document Created: 2015-12-15 09:31:55
Document Modified: 2015-12-15 09:31:55
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 58797 

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