80_FR_76116 80 FR 75883 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Relating To Listing and Trading of Shares of the Market Vectors Dynamic Put Write ETF Under NYSE Arca Equities Rule 8.600

80 FR 75883 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Relating To Listing and Trading of Shares of the Market Vectors Dynamic Put Write ETF Under NYSE Arca Equities Rule 8.600

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 233 (December 4, 2015)

Page Range75883-75889
FR Document2015-30609

Federal Register, Volume 80 Issue 233 (Friday, December 4, 2015)
[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Notices]
[Pages 75883-75889]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30609]



[[Page 75883]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76530; File No. SR-NYSEArca-2015-114]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
of Proposed Rule Change Relating To Listing and Trading of Shares of 
the Market Vectors Dynamic Put Write ETF Under NYSE Arca Equities Rule 
8.600

November 30, 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 November 16, 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 the 
Substance of the Proposed Rule Change

    The Exchange proposes to list and trade shares of the following 
under NYSE Arca Equities Rule 8.600: Market Vectors Dynamic Put Write 
ETF. The text of the proposed rule change is available on the 
Exchange's Web site at www.nyse.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to list and trade the shares (``Shares'') of 
the following under NYSE Arca Equities Rule 8.600, which governs the 
listing and trading of Managed Fund Shares on the Exchange: \4\ Market 
Vectors Dynamic Put Write ETF (``Fund''). The Shares will be offered by 
Market Vectors ETF Trust (``Trust''). The Trust is registered with the 
Commission as an investment company and has filed a registration 
statement on Form N-1A with the Commission on behalf of the Fund.\5\
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    \4\ 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.
    \5\ The Trust is registered under the 1940 Act. On August 19, 
2015, the Trust filed with the Commission a registration statement 
on Form N-1A under the Securities Act of 1933 (15 U.S.C. 77a) 
(``Securities Act''), and under the 1940 Act relating to the Fund 
(File Nos. 333-123257 and 811-10325) (``Registration Statement''). 
The description of the operation of the Trust and the Fund herein is 
based, in part, on the Registration Statement. In addition, the 
Commission has issued an order granting certain exemptive relief to 
the Trust under the1940 Act. See Investment Company Act Release No. 
29496 (November 3, 2010) (File No. 812-13605) (``Exemptive Order'').
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    Van Eck Absolute Return Advisers Corporation will serve as the 
investment adviser (``Adviser'') to the Fund. Van Eck Absolute Return 
Advisers will also be the administrator for the Fund (the 
``Administrator''), and The Bank of New York Mellon will be the 
custodian (``Custodian'' or ``Transfer Agent'') of the Fund's assets 
and provide transfer agency and fund accounting services to the Fund. 
Van Eck Securities Corporation will be the distributor of the Fund's 
Shares (``Distributor'').
    Commentary .06 to Rule 8.600 provides that, if the investment 
adviser to the investment company issuing Managed Fund Shares is 
affiliated with a broker-dealer, such investment adviser shall erect a 
``fire wall'' between the investment adviser and the broker-dealer with 
respect to access to information concerning the composition and/or 
changes to such investment company portfolio. In addition, Commentary 
.06 further requires that personnel who make decisions on the open-end 
fund's portfolio composition must be subject to procedures designed to 
prevent the use and dissemination of material nonpublic information 
regarding the open-end fund's portfolio.\6\ Commentary .06 to Rule 
8.600 is similar to Commentary .03(a)(i) and (iii) to NYSE Arca 
Equities Rule 5.2(j)(3); however, Commentary .06 in connection with the 
establishment of a ``fire wall'' between the investment adviser and the 
broker-dealer reflects the applicable open-end fund's portfolio, not an 
underlying benchmark index, as is the case with index-based funds. The 
Adviser is not a registered broker-dealer but is affiliated with a 
broker-dealer whose primary function is to serve as distributor and 
placement agent for its products. The Adviser has implemented controls 
with respect to such broker-dealer regarding access to information 
concerning the composition and/or changes to the Fund's portfolio. In 
the event (a) the Adviser or any sub-adviser becomes registered as a 
broker-dealer or newly affiliated with a broker-dealer, or (b) any new 
adviser or sub-adviser is a registered broker-dealer or becomes 
affiliated with a broker-dealer, it will implement a fire wall with 
respect to its relevant personnel or broker-dealer affiliate regarding 
access to information concerning the composition and/or changes to the 
portfolio, and will be subject to procedures designed to prevent the 
use and dissemination of material non-public information regarding such 
portfolio.
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    \6\ An investment adviser to an open-end fund is required to be 
registered under the Investment Advisers Act of 1940 (the ``Advisers 
Act''). As a result, the Adviser and its related personnel are 
subject to the provisions of Rule 204A-1 under the Advisers Act 
relating to codes of ethics. This Rule requires investment advisers 
to adopt a code of ethics that reflects the fiduciary nature of the 
relationship to clients as well as compliance with other applicable 
securities laws. Accordingly, procedures designed to prevent the 
communication and misuse of non-public information by an investment 
adviser must be consistent with Rule 204A-1 under the Advisers Act. 
In addition, Rule 206(4)-7 under the Advisers Act makes it unlawful 
for an investment adviser to provide investment advice to clients 
unless such investment adviser has (i) adopted and implemented 
written policies and procedures reasonably designed to prevent 
violation, by the investment adviser and its supervised persons, of 
the Advisers Act and the Commission rules adopted thereunder; (ii) 
implemented, at a minimum, an annual review regarding the adequacy 
of the policies and procedures established pursuant to subparagraph 
(i) above and the effectiveness of their implementation; and (iii) 
designated an individual (who is a supervised person) responsible 
for administering the policies and procedures adopted under 
subparagraph (i) above.

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[[Page 75884]]

Principal Investments
    According to the Registration Statement, the Fund's investment 
objective will be to seek a positive total return and income.
    The Fund, under normal circumstances,\7\ will seek to achieve its 
investment objective by selling only exchange-listed, uncovered out-of-
the-money put options, that typically expire between 30 and 60 days, on 
(i) the S&P 500 Index,\8\ (ii) futures on the S&P 500 Index and/or 
(iii) e-mini futures on the S&P 500 Index.\9\
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    \7\ The term ``under normal circumstances'' includes, but is not 
limited to, the absence of extreme volatility or trading halts in 
the domestic equity markets or the financial markets generally; 
operational issues causing dissemination of inaccurate market 
information; or force majeure type events such as systems failure, 
natural or man-made disaster, act of God, armed conflict, act of 
terrorism, riot or labor disruption or any similar intervening 
circumstance.
    \8\ Options on the S&P 500 Index are traded on the Chicago Board 
Options Exchange (``CBOE''). Options on futures on the S&P 500 Index 
and options on e-mini futures on the S&P 500 Index are traded on the 
Chicago Mercantile Exchange (``CME'').
    \9\ Put option contracts give the owners of the puts the right, 
but not the obligation, to sell the underlying asset, at a specified 
price, by a predetermined date. Put options on the S&P 500 Index, 
futures on the S&P 500 Index, and e-mini futures on the S&P 500 
Index are similar in that they are linked to the S&P 500 Index, 
marked-to-market daily, settled in cash at expiration, and are 
liquid. Options on the S&P 500 Index are European-style and options 
on futures, and e-mini futures, on the S&P 500 Index are American-
style. An ``American style'' put option gives the option holder the 
right to sell the underlying security to the option seller (i.e., 
the Fund) at the option exercise price at any time prior to the 
expiration of the option. A ``European style'' put option gives the 
option holder the right to sell the underlying security to the 
option seller at the option exercise price only on the option 
expiration date. The decision whether to sell a put option on the 
S&P 500 Index or on futures, or e-mini futures, on the S&P 500 would 
be based on, among other things, liquidity and transaction costs.
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    The Fund will seek a positive total return with both income and 
capital appreciation by collecting premiums on options sold and 
investing cash in excess of the amount necessary to fulfill option 
margin requirements in cash and cash equivalents, including U.S. 
Treasury bills. The Fund will seek to generate a positive total return 
by selling options based on a predetermined strike price calculation 
and roll schedule. The strike price is the price at which the contract 
can be exercised. Rolling an option contract, in reference to this 
Fund, refers to the process of buying existing contracts to close them 
out and selling new put option contracts. The strike price calculation 
is designed to adjust the strike prices based on the risk of the equity 
market by taking into account the underlying asset's price, price 
volatility and dividend yield and the yield of U.S. Treasury bills. The 
roll schedule is designed to stagger the put option contracts on a 
weekly basis to have varying option strike prices and option expiration 
dates at any given time. The value of put option contracts in the 
market are primarily determined by the options' distance in or out of 
the money, time to expiration, and the volatility of the underlying 
asset.
    The aggregate notional value (i.e., the underlying value) of the 
put option contracts will be approximately 200% of the Fund's net 
assets.
    If the Fund receives additional inflows (and issues more Shares 
accordingly in large aggregations known as ``Creation Units,'' as 
defined below) in between scheduled put option rolls, the Fund will 
sell additional listed put options, allocated on a pro rata basis based 
on the holdings of the Fund. However, if the trading costs exceed the 
potential premium received, the Fund will keep that portion of the 
Creation Unit in cash until the next scheduled option roll. Conversely, 
if the Fund redeems Shares in Creation Unit size in between scheduled 
put option rolls, the Fund will terminate the appropriate portion of 
the options it has sold on a pro rata basis.
Other Investments
    While the Fund, under normal circumstances, will seek to achieve 
its investment objective by selling primarily exchange-listed, 
uncovered out-of-the-money put options, as described above, the Fund 
may invest its remaining assets in other securities and financial 
instruments, as described below.
    The Fund may hold cash and cash equivalents, including the 
following: U.S. Treasury Bills, repurchase agreements, money market 
instruments, or investment companies and exchange-traded funds 
(``ETFs'') \10\ that invest principally in money market instruments.
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    \10\ The ETFs in which the Fund may invest will be registered 
under the 1940 Act and include Investment Company Units (as 
described in NYSE Arca Equities Rule 5.2(j)(3)); Portfolio 
Depositary Receipts (as described in NYSE Arca Equities Rule 8.100); 
and Managed Fund Shares (as described in NYSE Arca Equities Rule 
8.600). Such ETFs all will be listed and traded in the U.S. on 
registered exchanges.
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    While the Fund will primarily sell put option contracts on (i) the 
S&P 500 Index, (ii) futures on the S&P 500 Index and/or (iii) e-mini 
futures on the S&P 500 Index with an aggregate notional value of 
approximately 200% of the Fund's net assets, the Fund also may invest 
in other U.S. exchange-traded stock index options, options on stock 
index futures contracts, options on the Fund (if available) or 
exchange-traded pooled investment vehicles,\11\ to the extent such 
investments are considered suitable for the Fund by the Adviser.
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    \11\ Exchange-traded pooled investment vehicles include Trust 
Issued Receipts (as described in NYSE Arca Equities Rule 8.200); 
Commodity-Based Trust Shares (as described in NYSE Arca Equities 
Rule 8.201); Currency Trust Shares (as described in NYSE Arca 
Equities Rule 8.202); Commodity Index Trust Shares (as described in 
NYSE Arca Equities Rule 8.203); and Trust Units (as described in 
NYSE Arca Equities Rule 8.500).
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Creation and Redemption of Shares
    According to the Registration Statement, the Fund will issue and 
sell Shares only in ``Creation Units'' on a continuous basis through 
the Distributor at their NAV next determined after receipt, on any 
business day, of an order in proper form. The consideration for a 
purchase of Creation Units is cash. To the extent in-kind creations are 
effected for the Fund, Creation Units of the Fund will consist of cash 
and/or the in-kind deposit of a designated portfolio of securities (the 
``Deposit Securities'') and an amount of cash computed as described 
below (the ``Cash Component''). The Cash Component together with the 
Deposit Securities, as applicable, are referred to as the ``Fund 
Deposit'', which represents the minimum initial and subsequent 
investment amount for Shares. The Cash Component represents the 
difference between the NAV of a Creation Unit and the market value of 
Deposit Securities and may include a ``Dividend Equivalent Payment''. 
The Dividend Equivalent Payment will enable the Fund to make a complete 
distribution of dividends on the next dividend payment date, and is an 
amount equal, on a per Creation Unit basis, to the dividends on all the 
securities held by the Fund (``Fund Securities'') with ex-dividend 
dates within the accumulation period for such distribution (the 
``Accumulation Period''), net of expenses and liabilities for such 
period, as if all of the Fund Securities had been held by the Trust for 
the entire Accumulation Period. The Accumulation Period begins on the 
ex-dividend date for the Fund and ends on the next ex-dividend date.
    The Administrator, through the National Securities Clearing 
Corporation (``NSCC''), will make available on each business day, 
immediately prior to the opening of business on the Exchange (currently 
9:30 a.m. Eastern time), the list of the names and the required number 
of shares of each Deposit Security to be included in the current

[[Page 75885]]

Fund Deposit (based on information at the end of the previous business 
day) as well as the Cash Component for the Fund. Such Fund Deposit is 
applicable, subject to any adjustments as described below, in order to 
effect creations of Creation Units of the Fund until such time as the 
next-announced Fund Deposit composition is made available.
    The identity and number of shares of the Deposit Securities 
required for the Fund Deposit for the Fund will change as rebalancing 
adjustments and corporate action events are reflected from time to time 
by the Adviser with a view to the investment objective of the Fund. The 
composition of the Deposit Securities may also change in response to 
adjustments to the weighting or composition of the securities 
constituting the Index. In addition, the Trust reserves the right to 
accept a basket of securities or cash that differs from Deposit 
Securities or to permit or require the substitution of an amount of 
cash (i.e., a ``cash in lieu'' amount) to be added to the Cash 
Component to replace any Deposit Security under specified 
circumstances.
    In addition to the list of names and numbers of securities 
constituting the current Deposit Securities of the Fund Deposit, the 
Administrator, through the NSCC, also will make available on each 
business day, the Dividend Equivalent Payment, if any, and the 
estimated Cash Component effective through and including the previous 
business day, per outstanding Share of the Fund.
    To be eligible to place orders with the Distributor to create 
Creation Units of the Fund, an entity or person either must be (1) a 
``Participating Party,'' i.e., a broker-dealer or other participant in 
the clearing process through the Continuous Net Settlement System of 
the NSCC; or (2) a Depository Trust Company (``DTC'') Participant; and, 
in either case, must have executed an agreement with the Distributor 
and the Transfer Agent with respect to creations and redemptions of 
Creation Units (``Participant Agreement'') (discussed below). A 
Participating Party and DTC Participant are collectively referred to as 
an ``Authorized Participant.''
    All orders to create Creation Units must be placed in multiples of 
50,000 Shares (i.e., a Creation Unit). All orders to create Creation 
Units, must be received by the Distributor no later than the closing 
time of the regular trading session on NYSE Arca (``Closing Time'') 
(ordinarily 4:00 p.m. Eastern time) on the date such order is placed in 
order for creation of Creation Units to be effected based on the NAV of 
the Fund as determined on such date.
    Shares may be redeemed only in Creation Units at their NAV next 
determined after receipt of a redemption request in proper form by the 
Distributor, only on a business day and only through a Participating 
Party or DTC Participant who has executed a Participant Agreement. The 
Trust will not redeem Shares in amounts less than Creation Units.
    Redemptions generally will be effected for cash. To the extent 
redemptions are effected in-kind, the Administrator, through NSCC, will 
make available immediately prior to the opening of business on the 
Exchange (currently 9:30 a.m. Eastern time) on each day that the 
Exchange is open for business, the Fund Securities that will be 
applicable (subject to possible amendment or correction) to redemption 
requests received in proper form on that day.
    To the extent redemptions are effected in-kind, the redemption 
proceeds for a Creation Unit generally will consist of Fund Securities 
as announced by the Administrator on the business day of the request 
for redemption, plus cash in an amount equal to the difference between 
the NAV of the Shares being redeemed, as next determined after a 
receipt of a request in proper form, and the value of the Fund 
Securities, less the redemption transaction fee and certain variable 
fees. Should the Fund Securities have a value greater than the NAV of 
the Shares being redeemed, a compensating cash payment to the Trust 
equal to the differential plus the applicable redemption transaction 
fee will be required to be arranged for by or on behalf of the 
redeeming shareholder. The Fund reserves the right to honor a 
redemption request by delivering a basket of securities or cash that 
differs from the Fund Securities.
Investment Restrictions
    The Fund may hold up to an aggregate amount of 15% of its net 
assets in illiquid assets (calculated at the time of investment), 
consistent with Commission guidance. The Fund will monitor its 
portfolio liquidity on an ongoing basis to determine whether, in light 
of current circumstances, an adequate level of liquidity is being 
maintained, and will consider taking appropriate steps in order to 
maintain adequate liquidity if, through a change in values, net assets, 
or other circumstances, more than 15% of the Fund's net assets are held 
in illiquid assets. Illiquid assets include securities subject to 
contractual or other restrictions on resale and other instruments that 
lack readily available markets as determined in accordance with 
Commission staff guidance.\12\
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    \12\ The Commission has stated that long-standing Commission 
guidelines have required open-end funds to hold no more than 15% of 
their net assets in illiquid securities and other illiquid assets. 
See Investment Company Act Release No. 28193 (March 11, 2008), 73 FR 
14618 (March 18, 2008), footnote 34. See also, Investment Company 
Act Release No. 5847 (October 21, 1969), 35 FR 19989 (December 31, 
1970) (Statement Regarding ``Restricted Securities''); Investment 
Company Act Release No. 18612 (March 12, 1992), 57 FR 9828 (March 
20, 1992) (Revisions of Guidelines to Form N-1A). A fund's portfolio 
security is illiquid if it cannot be disposed of in the ordinary 
course of business within seven days at approximately the value 
ascribed to it by the fund. See Investment Company Act Release No. 
14983 (March 12, 1986), 51 FR 9773 (March 21, 1986) (adopting 
amendments to Rule 2a-7 under the 1940 Act); Investment Company Act 
Release No. 17452 (April 23, 1990), 55 FR 17933 (April 30, 1990) 
(adopting Rule 144A under the Securities Act).
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    For temporary defensive purposes, the Fund may hold cash and cash 
equivalents, including U.S. Treasury bills and/or invest without limit 
in money market instruments, repurchase agreements, or other funds 
which invest exclusively in money market instruments. The Fund may take 
temporary defensive positions in anticipation of or in an attempt to 
respond to adverse market, economic, political or other conditions.
    The Fund intends to qualify for and to elect to be treated as a 
separate regulated investment company (a ``RIC'') under Subchapter M of 
the Internal Revenue Code.\13\
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    \13\ 26 U.S.C. 851 et seq.
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    The Fund's investments, including the sale of options and options 
on futures, will be consistent with the Fund's investment objective and 
may be used to enhance leverage.\14\ As described above, the Fund may 
sell S&P 500 Index put options, and put options on futures and e-mini 
futures on the S&P 500 Index, which will have an aggregate notional 
value of approximately 200% of the Fund's net assets. While the Fund 
will be permitted to borrow as permitted under the 1940

[[Page 75886]]

Act, the Fund's investments will not be used to seek performance that 
is the multiple or inverse multiple (i.e., 2Xs and 3Xs) of a broad-
based equity market index.
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    \14\ Investments in derivative instruments by the Fund will be 
made in accordance with the 1940 Act and consistent with the Fund's 
investment objective and policies. To limit the potential risk 
associated with transactions in derivatives, the Fund will segregate 
or ``earmark'' assets determined to be liquid by the Adviser in 
accordance with procedures that will established by the Trust's 
Board of Trustees and in accordance with the 1940 Act (or, as 
permitted by applicable regulation, enter into certain offsetting 
positions) to cover its obligations under derivative instruments. 
These procedures will be adopted consistent with Section 18 of the 
1940 Act and related Commission guidance. In addition, the Fund will 
include appropriate risk disclosure in its offering documents, 
including leveraging risk. Leveraging risk is the risk that certain 
transactions of the Fund, including the Fund's use of derivatives, 
may give rise to leverage, causing the Fund's Shares to be more 
volatile than if they had not been leveraged.
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Net Asset Value
    The NAV per Share for the Fund will be computed by dividing the 
value of the net assets of the Fund (i.e., the value of its total 
assets less total liabilities) by the total number of Shares 
outstanding. Expenses and fees, including the management fee, will be 
accrued daily and taken into account for purposes of determining NAV. 
The NAV of the Fund will be determined each business day as of the 
close of trading (ordinarily 4:00 p.m., Eastern Time) on the New York 
Stock Exchange. Any assets or liabilities denominated in currencies 
other than the U.S. dollar will be converted into U.S. dollars at the 
current market rates on the date of valuation as quoted by one or more 
sources.
    The Fund currently expects that the values of the Fund's put 
options and cash and cash equivalents will be based on the securities' 
closing prices on local markets, when available. In the absence of a 
last reported sales price, or if no sales were reported, and for other 
assets for which market quotes are not readily available, values may be 
based on quotes obtained from a quotation reporting system, established 
market makers or by an outside independent pricing service.
    ETFs and pooled investment vehicles will be valued at market value, 
which will generally be determined using the last reported official 
closing or last trading price on the exchange or market on which the 
security is primarily traded at the time of valuation or, if no sale 
has occurred, at the mean between the last quoted bid and asked price 
on the primary market or exchange on which they are traded. Investment 
company securities (other than ETFs) will be valued at NAV.
    Money market instruments and repurchase agreements will be valued 
based on evaluations or price quotations obtained from a third-party 
pricing service or from a broker-dealer who makes markets in such 
securities, and such investments that are short-term investments (that 
is, having a maturity of 60 days or less) will be valued at amortized 
cost.
    Prices obtained by an outside independent pricing service may use 
information provided by market makers or estimates of market values 
obtained from yield data related to investments or securities with 
similar characteristics and may use a computerized grid matrix of 
securities and its evaluations in determining what it believes is the 
fair value of the portfolio securities. If a market quotation for a 
security is not readily available or the Adviser believes it does not 
otherwise accurately reflect the market value of the security at the 
time the Fund will calculate its NAV, the security will be fair valued 
by the Adviser in accordance with the Trust's valuation policies and 
procedures approved by the Board of Trustees. The Fund expects that it 
may also use fair value pricing in a variety of circumstances, 
including but not limited to, situations where the value of a security 
in the Fund's portfolio has been materially affected by events 
occurring after the close of the market on which the security is 
principally traded (such as a corporate action or other news that may 
materially affect the price of a security) or trading in a security has 
been suspended or halted. Accordingly, the Fund's NAV may reflect 
certain portfolio securities' fair values rather than their market 
prices at the time the exchanges on which they principally trade close.
Availability of Information
    The Fund's Web site (www.vaneck.com), which will be publicly 
available prior to the public offering of Shares, will include a form 
of the prospectus for the Fund that may be downloaded. The Fund's Web 
site will include additional quantitative information updated on a 
daily basis, including, for the Fund, (1) daily trading volume, the 
prior business day's reported closing price, NAV at the time of 
calculation of such NAV (the ``Closing Price''), and a calculation of 
the premium and discount of the Closing Price against the NAV, and (2) 
data in chart format displaying the frequency distribution of discounts 
and premiums of the daily Closing Price against the NAV, within 
appropriate ranges, for each of the four previous calendar quarters. On 
each business day, before commencement of trading in Shares in the Core 
Trading Session on the Exchange (9:30 a.m. to 4:00 p.m., Eastern time), 
the Fund's Web site will disclose the Disclosed Portfolio that will 
form the basis for the Fund's calculation of NAV at the end of the 
business day.\15\
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    \15\ Under accounting procedures followed by the Fund, trades 
made on the prior business day (``T'') will be booked and reflected 
in NAV on the current business day (``T+1''). Accordingly, the Fund 
will be able to disclose at the beginning of the business day the 
portfolio that will form the basis for the NAV calculation at the 
end of the business day.
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    The Fund will disclose on the Fund's Web site the following 
information regarding each portfolio holding, as applicable to the type 
of holding: ticker symbol, CUSIP number or other identifier, if any; a 
description of the holding (including the type of holding, such as the 
type of option); the identity of the security, commodity, index or 
other asset or instrument underlying the holding, if any; for options, 
the option strike price; quantity held (as measured by, for example, 
par value, notional value or number of shares, contracts or units); 
maturity date, if any; coupon rate, if any; effective date, if any; 
market value of the holding; and the percentage weighting of the 
holding in the Fund's portfolio. The Web site information will be 
publicly available at no charge.
    In addition, a basket composition file, which includes the security 
names and share quantities, if applicable, required to be delivered in 
exchange for the Fund's Shares, together with estimates and actual cash 
components, will be publicly disseminated daily prior to the opening of 
the Exchange via the NSCC. The basket represents one Creation Unit of 
the Fund. The NAV of Shares of the Fund will normally be determined as 
of the close of the regular trading session on the Exchange (ordinarily 
4:00 p.m. Eastern time) on each business day. Authorized Participants 
may refer to the basket composition file for information regarding 
securities and financial instruments that may comprise the Fund's 
basket on a given day.
    In order to provide investors with a basis to gauge whether the 
market price of the Shares on the Exchange is approximately consistent 
with the current value of the assets of the Fund on a per Share basis, 
an updated Indicative Per Share Portfolio Value will be disseminated 
every 15 seconds during the Exchange's Core Trading Session by major 
market data vendors.\16\ Indicative Per Share Portfolio Values will be 
based on the most recently reported prices of Fund Securities.
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    \16\ Currently, the Exchange understands that several major 
market data vendors display and/or make widely available Indicative 
Per Share Portfolio Values (or Portfolio Indicative Values) taken 
from the Consolidated Tape Association (``CTA'') or other data 
feeds.
---------------------------------------------------------------------------

    Investors can also obtain the Trust's Statement of Additional 
Information (``SAI''), the Fund's shareholder reports, and its Form N-
CSR and Form N-SAR, filed twice a year. The Trust's SAI and Shareholder 
Reports will be available free upon request from the Trust, and those 
documents and the Form N-CSR and Form N-SAR may be viewed on-screen or 
downloaded from the Commission's Web site at www.sec.gov. Information 
regarding market price and trading volume of the Shares will be 
continually available on a real-time basis throughout the day on 
brokers'

[[Page 75887]]

computer screens and other electronic services. Information regarding 
the previous day's closing price and trading volume information for the 
Shares will be published daily in the financial section of newspapers.
    Quotation and last sale information for the Shares, ETFs and pooled 
investment vehicles will be available via the Consolidated Tape 
Association (``CTA'') high-speed line. Quotation and last sale 
information for exchange-listed options cleared via the Options 
Clearing Corporation will be available via the Options Price Reporting 
Authority. Intra-day and closing price information regarding exchange-
traded options (including options on futures) will be available from 
the exchange on which such instruments are traded. Intra-day and 
closing price information regarding money market instruments, 
repurchase agreements, cash and cash equivalents, including U.S. 
Treasuries, will be available from major market data vendors. Price 
information for non-exchange-traded investment company securities will 
be available from major market data vendors and from the Web site of 
the applicable investment company.
    In addition, the Indicative Per Share Portfolio Value, which is the 
Portfolio Indicative Value as defined in NYSE Arca Equities Rule 
8.600(c)(3), will be widely disseminated at least every 15 seconds 
during the Exchange's Core Trading Session by one or more major market 
data vendors. The dissemination of the Indicative Per Share Portfolio 
Value, together with the Disclosed Portfolio, will allow investors to 
determine the value of the underlying portfolio of the Fund on a daily 
basis and will provide a close estimate of that value throughout the 
trading day.
Trading Halts
    With respect to trading halts, the Exchange may consider all 
relevant factors in exercising its discretion to halt or suspend 
trading in the Shares of the Fund.\17\ Trading in Shares of the Fund 
will be halted if the circuit breaker parameters in NYSE Arca Equities 
Rule 7.12 have been reached. Trading also may be halted because of 
market conditions or for reasons that, in the view of the Exchange, 
make trading in the Shares inadvisable. These may include: (1) The 
extent to which trading is not occurring in the securities and/or the 
financial instruments comprising the Disclosed Portfolio of the Fund; 
or (2) whether other unusual conditions or circumstances detrimental to 
the maintenance of a fair and orderly market are present. Trading in 
the Shares will be subject to NYSE Arca Equities Rule 8.600(d)(2)(D), 
which sets forth circumstances under which Shares of the Fund may be 
halted.
---------------------------------------------------------------------------

    \17\ See NYSE Arca Equities Rule 7.12, Commentary .04.
---------------------------------------------------------------------------

    If the Indicative Per Share Portfolio Value is not being 
disseminated as required, the Exchange may halt trading during the day 
in which the disruption occurs; if the interruption persists past the 
day in which it occurred, the Exchange will halt trading no later than 
the beginning of the trading day following the interruption. Under NYSE 
Arca Equities Rule 7.34(a)(5), if the Exchange becomes aware that the 
NAV for the Fund is not being disseminated to all market participants 
at the same time, it will halt trading in the Shares until such time as 
the NAV is available to all market participants.
    The Shares will conform to the initial and continued listing 
criteria under NYSE Arca Equities Rule 8.600. Consistent with NYSE Arca 
Equities Rule 8.600(d)(2)(B)(ii), the Adviser, as the Reporting 
Authority, will implement and maintain, or be subject to, procedures 
designed to prevent the use and dissemination of material non-public 
information regarding the actual components of the Fund's portfolio. 
The Exchange represents that, for initial and/or continued listing, the 
Fund will be in compliance with Rule 10A-3 \18\ under the Act, as 
provided by NYSE Arca Equities Rule 5.3. A minimum of 100,000 Shares 
will be outstanding at the commencement of trading on the Exchange. The 
Exchange will obtain a representation from the issuer of the Shares 
that the NAV per Share will be calculated daily and that the NAV and 
the Disclosed Portfolio as defined in NYSE Arca Equities Rule 
8.600(c)(2) will be made available to all market participants at the 
same time.
---------------------------------------------------------------------------

    \18\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

Trading Rules
    The Exchange deems the Shares to be equity securities, thus 
rendering trading in the Shares subject to the Exchange's existing 
rules governing the trading of equity securities. Shares will trade on 
the NYSE Arca Marketplace from 4 a.m. to 8 p.m. ET in accordance with 
NYSE Arca Equities Rule 7.34 (Opening, Core, and Late Trading 
Sessions). The Exchange has appropriate rules to facilitate 
transactions in the Shares during all trading sessions. As provided in 
NYSE Arca Equities Rule 7.6, Commentary .03, the minimum price 
variation (``MPV'') for quoting and entry of orders in equity 
securities traded on the NYSE Arca Marketplace is $0.01, with the 
exception of securities that are priced less than $1.00 for which the 
MPV for order entry is $0.0001.
Surveillance
    The Exchange represents that the trading in the Shares will be 
subject to the existing trading surveillances, administered by 
regulatory staff of the Exchange or the Financial Industry Regulatory 
Authority (``FINRA'') on behalf of the Exchange, which are designed to 
detect violations of Exchange rules and applicable federal securities 
laws.\19\ The Exchange represents that these procedures are adequate to 
properly monitor Exchange trading of the Shares in all trading sessions 
and to deter and detect violations of Exchange rules and federal 
securities laws applicable to trading on the Exchange.
---------------------------------------------------------------------------

    \19\ FINRA surveils certain trading activity on the Exchange 
pursuant to a regulatory services agreement. The Exchange is 
responsible for FINRA's performance under this regulatory services 
agreement.
---------------------------------------------------------------------------

    The surveillances referred to above generally focus on detecting 
securities trading outside their normal patterns, which could be 
indicative of manipulative or other violative activity. When such 
situations are detected, surveillance analysis follows and 
investigations are opened, where appropriate, to review the behavior of 
all relevant parties for all relevant trading violations.
    FINRA, on behalf of the Exchange, or the regulatory staff of the 
Exchange, will communicate as needed regarding trading in the Shares, 
options contracts and options on futures contracts with other markets 
and other entities that are members of the Intermarket Surveillance 
Group (``ISG''), and FINRA, on behalf of the Exchange, may obtain 
trading information regarding trading in the Shares, options contracts, 
and options on futures contracts from such markets and other entities. 
In addition, the regulatory staff of the Exchange may obtain 
information regarding trading in the Shares, options contracts, and 
options on futures contracts from markets and other entities that are 
members of ISG or with which the Exchange has in place a comprehensive 
surveillance sharing agreement.\20\ All options on futures and options 
held by the Fund will be traded on U.S. exchanges, all of which are 
members of ISG or are exchanges with which the

[[Page 75888]]

Exchange has in place a comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    \20\ For a list of the current members of ISG, see 
www.isgportal.org. The Exchange notes that not all of the components 
of the portfolio for the Fund may trade on exchanges that are 
members of the ISG or with which the Exchange has in place a 
comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    In addition, the Exchange also has a general policy prohibiting the 
distribution of material, non-public information by its employees.
Information Bulletin
    Prior to the commencement of trading of Shares in the Fund, the 
Exchange will inform its ETP Holders in an Information Bulletin 
(``Bulletin'') of the special characteristics and risks associated with 
trading the Shares. Specifically, the Bulletin will discuss the 
following: (1) The procedures for purchases and redemptions of Shares 
in Creation Unit aggregations (and that Shares are not individually 
redeemable); (2) NYSE Arca Equities Rule 9.2(a), which imposes a duty 
of due diligence on its ETP Holders to learn the essential facts 
relating to every customer prior to trading the Shares; (3) the risks 
involved in trading the Shares during the Opening and Late Trading 
Sessions when an updated IIV or Index value will not be calculated or 
publicly disseminated; (4) how information regarding the IIV and the 
Disclosed Portfolio will be disseminated; (5) the requirement that ETP 
Holders deliver a prospectus to investors purchasing newly issued 
Shares prior to or concurrently with the confirmation of a transaction; 
and (6) trading information.
    In addition, the Bulletin will reference that the Fund is subject 
to various fees and expenses described in the Registration Statement. 
The Bulletin will discuss any exemptive, no-action, and interpretive 
relief granted by the Commission from any rules under the Act. The 
Bulletin will also disclose that the NAV for the Shares will be 
calculated after 4:00 p.m., Eastern time each trading day.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the 
requirement under Section 6(b)(5) \21\ 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.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to 
prevent fraudulent and manipulative acts and practices in that the 
Shares will be listed on the Exchange pursuant to the initial and 
continued listing criteria in NYSE Arca Equities Rule 8.600. The Shares 
will be subject to the existing trading surveillances, administered by 
FINRA on behalf of the Exchange, or the regulatory staff of the 
Exchange, which are designed to deter and detect violations of Exchange 
rules and federal securities laws applicable to trading on the 
Exchange. FINRA and the regulatory staff of the Exchange, as 
applicable, may each obtain information via ISG from other exchanges 
that are members of ISG, and in the case of the Exchange, from other 
market or entities with which the Exchange has entered into a 
comprehensive surveillance sharing agreement. The Adviser is not a 
registered broker-dealer but is affiliated with a broker-dealer whose 
primary function is to serve as distributor and placement agent for Van 
Eck products. Van Eck has implemented controls with respect to such 
broker-dealer regarding access to information concerning the 
composition and/or changes to the Fund's portfolio. The Fund's 
investments will be consistent with its investment objective. While the 
Fund will be permitted to borrow as permitted under the 1940 Act, the 
Fund's investments will not be used to seek performance that is the 
multiple or inverse multiple (i.e., 2Xs and 3Xs) of a broad-based 
equity market index.
    The proposed rule change is designed to promote just and equitable 
principles of trade and to protect investors and the public interest in 
that the Exchange will obtain a representation from the issuer of the 
Shares that the NAV per Share will be calculated daily every day the 
NYSE is open, and that the NAV will be made available to all market 
participants at the same time. In addition, a large amount of publicly 
available information will be publicly available regarding the Fund and 
the Shares, thereby promoting market transparency. Moreover, the IIV 
will be widely disseminated by one or more major market data vendors at 
least every 15 seconds during the Exchange's Core Trading Session. On 
each business day, before commencement of trading in the Shares in the 
Core Trading Session on the Exchange, the Fund will disclose on its Web 
site the portfolio that will form the basis for the Fund's calculation 
of NAV at the end of the business day. Information regarding market 
price and trading volume of the Shares will be continually available on 
a real-time basis throughout the day on brokers' computer screens and 
other electronic services, and quotations and last sale information 
will be available via the CTA high-speed line. Quotation and last sale 
information for the Shares will be available via the CTA high-speed 
line, and from the Exchange. Quotation and last sale information for 
exchange-listed options cleared via the Options Clearing Corporation 
will be available via the Options Price Reporting Authority. Intra-day 
and closing price information regarding exchange-traded options 
(including options on futures) will be available from the exchange on 
which such instruments are traded. Intra-day and closing price 
information regarding money market instruments; repurchase agreements; 
cash and cash equivalents also will be available from major market data 
vendors.
    The Web site for the Fund will include the prospectus for the Fund 
and additional data relating to NAV and other applicable quantitative 
information. Moreover, prior to commencement of trading, the Exchange 
will inform its ETP Holders in an Information Bulletin of the special 
characteristics and risks associated with trading the Shares. Trading 
in Shares of the Fund will be halted if the circuit breaker parameters 
in NYSE Arca Equities Rule 7.12 have been reached or because of market 
conditions or for reasons that, in the view of the Exchange, make 
trading the Shares inadvisable. In addition, as noted above, investors 
will have ready access to information regarding the Fund's holdings, 
the IIV, the Fund's portfolio, and quotation and last sale information 
for the Shares.
    The proposed rule change is designed to perfect the mechanism of a 
free and open market and, in general, to protect investors and the 
public interest in that it will facilitate the listing and trading of 
an additional type of exchange-traded product that will enhance 
competition among market participants, to the benefit of investors and 
the marketplace. As noted above, the Shares will be subject to the 
existing trading surveillances, administered by the regulatory staff of 
the Exchange or FINRA on behalf of the Exchange, which are designed to 
detect violations of Exchange rules and federal securities laws 
applicable to trading on the Exchange. The regulatory staff of the 
Exchange, or FINRA, on behalf of the Exchange, will communicate as 
needed regarding trading in the Shares, options contracts and options 
on futures contracts with other markets and other entities that are 
members of the ISG, and the regulatory staff of the Exchange, or FINRA, 
on behalf of the Exchange, may obtain trading information regarding 
trading in the Shares, options contracts, and options on futures 
contracts from such markets and other entities. In addition, the 
Exchange may obtain information regarding trading in the

[[Page 75889]]

Shares, options contracts, and options on futures contracts from 
markets and other entities that are members of ISG or with which the 
Exchange has in place a comprehensive surveillance sharing agreement.
    In addition, as noted above, investors will have ready access to 
information regarding the Fund's holdings, the IIV, and quotation and 
last sale information for the Shares.

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 notes that the 
proposed rule change will facilitate the listing and trading of an 
additional type of actively managed ETF that holds options or options 
on futures and that will enhance competition among market participants, 
to the benefit of investors and the marketplace.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or such longer time period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will: 
(a) By order approve or disapprove such proposed rule change; or (b) 
institute proceedings to determine whether the proposed rule change 
should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an Email to [email protected]. Please include 
File Number SR-NYSEArca-2015-114 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-2015-114. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEArca-2015-114 and should 
be submitted on or before December 28, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-30609 Filed 12-3-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                                  Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Notices                                                     75883

                                                    SECURITIES AND EXCHANGE                                  A. Self-Regulatory Organization’s                       personnel who make decisions on the
                                                    COMMISSION                                               Statement of the Purpose of, and                        open-end fund’s portfolio composition
                                                                                                             Statutory Basis for, the Proposed Rule                  must be subject to procedures designed
                                                    [Release No. 34–76530; File No. SR–                      Change                                                  to prevent the use and dissemination of
                                                    NYSEArca–2015–114]                                       1. Purpose                                              material nonpublic information
                                                                                                                                                                     regarding the open-end fund’s
                                                                                                                The Exchange proposes to list and
                                                    Self-Regulatory Organizations; NYSE                                                                              portfolio.6 Commentary .06 to Rule
                                                                                                             trade the shares (‘‘Shares’’) of the
                                                    Arca, Inc.; Notice of Filing of Proposed                                                                         8.600 is similar to Commentary .03(a)(i)
                                                                                                             following under NYSE Arca Equities
                                                    Rule Change Relating To Listing and                      Rule 8.600, which governs the listing                   and (iii) to NYSE Arca Equities Rule
                                                    Trading of Shares of the Market                          and trading of Managed Fund Shares on                   5.2(j)(3); however, Commentary .06 in
                                                    Vectors Dynamic Put Write ETF Under                      the Exchange: 4 Market Vectors Dynamic                  connection with the establishment of a
                                                    NYSE Arca Equities Rule 8.600                            Put Write ETF (‘‘Fund’’). The Shares                    ‘‘fire wall’’ between the investment
                                                                                                             will be offered by Market Vectors ETF                   adviser and the broker-dealer reflects
                                                    November 30, 2015.
                                                                                                             Trust (‘‘Trust’’). The Trust is registered              the applicable open-end fund’s
                                                       Pursuant to Section 19(b)(1) 1 of the                 with the Commission as an investment                    portfolio, not an underlying benchmark
                                                    Securities Exchange Act of 1934 (the                     company and has filed a registration                    index, as is the case with index-based
                                                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   statement on Form N–1A with the                         funds. The Adviser is not a registered
                                                    notice is hereby given that, on                          Commission on behalf of the Fund.5                      broker-dealer but is affiliated with a
                                                    November 16, 2015, NYSE Arca, Inc.                          Van Eck Absolute Return Advisers                     broker-dealer whose primary function is
                                                    (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed                Corporation will serve as the investment                to serve as distributor and placement
                                                    with the Securities and Exchange                         adviser (‘‘Adviser’’) to the Fund. Van                  agent for its products. The Adviser has
                                                    Commission (the ‘‘Commission’’) the                      Eck Absolute Return Advisers will also                  implemented controls with respect to
                                                    proposed rule change as described in                     be the administrator for the Fund (the                  such broker-dealer regarding access to
                                                    Items I and II below, which Items have                   ‘‘Administrator’’), and The Bank of New                 information concerning the composition
                                                    been prepared by the self-regulatory                     York Mellon will be the custodian
                                                                                                                                                                     and/or changes to the Fund’s portfolio.
                                                                                                             (‘‘Custodian’’ or ‘‘Transfer Agent’’) of
                                                    organization. The Commission is                                                                                  In the event (a) the Adviser or any sub-
                                                                                                             the Fund’s assets and provide transfer
                                                    publishing this notice to solicit                                                                                adviser becomes registered as a broker-
                                                                                                             agency and fund accounting services to
                                                    comments on the proposed rule change                     the Fund. Van Eck Securities                            dealer or newly affiliated with a broker-
                                                    from interested persons.                                 Corporation will be the distributor of                  dealer, or (b) any new adviser or sub-
                                                                                                             the Fund’s Shares (‘‘Distributor’’).                    adviser is a registered broker-dealer or
                                                    I. Self-Regulatory Organization’s
                                                                                                                Commentary .06 to Rule 8.600                         becomes affiliated with a broker-dealer,
                                                    Statement of the Terms of the Substance
                                                                                                             provides that, if the investment adviser                it will implement a fire wall with
                                                    of the Proposed Rule Change
                                                                                                             to the investment company issuing                       respect to its relevant personnel or
                                                       The Exchange proposes to list and                     Managed Fund Shares is affiliated with                  broker-dealer affiliate regarding access
                                                    trade shares of the following under                      a broker-dealer, such investment adviser                to information concerning the
                                                    NYSE Arca Equities Rule 8.600: Market                    shall erect a ‘‘fire wall’’ between the                 composition and/or changes to the
                                                    Vectors Dynamic Put Write ETF. The                       investment adviser and the broker-                      portfolio, and will be subject to
                                                    text of the proposed rule change is                      dealer with respect to access to                        procedures designed to prevent the use
                                                    available on the Exchange’s Web site at                  information concerning the composition                  and dissemination of material non-
                                                    www.nyse.com, at the principal office of                 and/or changes to such investment                       public information regarding such
                                                                                                             company portfolio. In addition,                         portfolio.
                                                    the Exchange, and at the Commission’s
                                                                                                             Commentary .06 further requires that
                                                    Public Reference Room.
                                                                                                                                                                        6 An investment adviser to an open-end fund is
                                                                                                               4A   Managed Fund Share is a security that
                                                    II. Self-Regulatory Organization’s                                                                               required to be registered under the Investment
                                                                                                             represents an interest in an investment company
                                                    Statement of the Purpose of, and                         registered under the Investment Company Act of
                                                                                                                                                                     Advisers Act of 1940 (the ‘‘Advisers Act’’). As a
                                                    Statutory Basis for, the Proposed Rule                                                                           result, the Adviser and its related personnel are
                                                                                                             1940 (15 U.S.C. 80a–1) (‘‘1940 Act’’) organized as
                                                                                                                                                                     subject to the provisions of Rule 204A–1 under the
                                                    Change                                                   an open-end investment company or similar entity
                                                                                                                                                                     Advisers Act relating to codes of ethics. This Rule
                                                                                                             that invests in a portfolio of securities selected by
                                                                                                                                                                     requires investment advisers to adopt a code of
                                                      In its filing with the Commission, the                 its investment adviser consistent with its
                                                                                                             investment objectives and policies. In contrast, an     ethics that reflects the fiduciary nature of the
                                                    self-regulatory organization included                    open-end investment company that issues                 relationship to clients as well as compliance with
                                                    statements concerning the purpose of,                    Investment Company Units, listed and traded on          other applicable securities laws. Accordingly,
                                                                                                             the Exchange under NYSE Arca Equities Rule              procedures designed to prevent the communication
                                                    and basis for, the proposed rule change                                                                          and misuse of non-public information by an
                                                                                                             5.2(j)(3), seeks to provide investment results that
                                                    and discussed any comments it received                   correspond generally to the price and yield             investment adviser must be consistent with Rule
                                                    on the proposed rule change. The text                    performance of a specific foreign or domestic stock     204A–1 under the Advisers Act. In addition, Rule
                                                                                                             index, fixed income securities index or combination     206(4)–7 under the Advisers Act makes it unlawful
                                                    of those statements may be examined at                                                                           for an investment adviser to provide investment
                                                                                                             thereof.
                                                    the places specified in Item IV below.                      5 The Trust is registered under the 1940 Act. On     advice to clients unless such investment adviser has
                                                    The Exchange has prepared summaries,                     August 19, 2015, the Trust filed with the               (i) adopted and implemented written policies and
                                                    set forth in sections A, B, and C below,                 Commission a registration statement on Form N–1A        procedures reasonably designed to prevent
                                                                                                                                                                     violation, by the investment adviser and its
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    of the most significant parts of such                    under the Securities Act of 1933 (15 U.S.C. 77a)
                                                                                                             (‘‘Securities Act’’), and under the 1940 Act relating   supervised persons, of the Advisers Act and the
                                                    statements.                                              to the Fund (File Nos. 333–123257 and 811–10325)        Commission rules adopted thereunder; (ii)
                                                                                                             (‘‘Registration Statement’’). The description of the    implemented, at a minimum, an annual review
                                                                                                             operation of the Trust and the Fund herein is based,    regarding the adequacy of the policies and
                                                                                                             in part, on the Registration Statement. In addition,    procedures established pursuant to subparagraph (i)
                                                                                                             the Commission has issued an order granting             above and the effectiveness of their
                                                      1 15                                                   certain exemptive relief to the Trust under the1940     implementation; and (iii) designated an individual
                                                           U.S.C. 78s(b)(1).                                                                                         (who is a supervised person) responsible for
                                                                                                             Act. See Investment Company Act Release No.
                                                      2 15 U.S.C. 78a.                                       29496 (November 3, 2010) (File No. 812–13605)           administering the policies and procedures adopted
                                                      3 17 CFR 240.19b–4.                                    (‘‘Exemptive Order’’).                                  under subparagraph (i) above.



                                               VerDate Sep<11>2014    18:41 Dec 03, 2015   Jkt 238001   PO 00000    Frm 00035   Fmt 4703   Sfmt 4703   E:\FR\FM\04DEN1.SGM   04DEN1


                                                    75884                         Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Notices

                                                    Principal Investments                                   and dividend yield and the yield of U.S.              stock index options, options on stock
                                                       According to the Registration                        Treasury bills. The roll schedule is                  index futures contracts, options on the
                                                    Statement, the Fund’s investment                        designed to stagger the put option                    Fund (if available) or exchange-traded
                                                    objective will be to seek a positive total              contracts on a weekly basis to have                   pooled investment vehicles,11 to the
                                                    return and income.                                      varying option strike prices and option               extent such investments are considered
                                                       The Fund, under normal                               expiration dates at any given time. The               suitable for the Fund by the Adviser.
                                                    circumstances,7 will seek to achieve its                value of put option contracts in the
                                                                                                                                                                  Creation and Redemption of Shares
                                                    investment objective by selling only                    market are primarily determined by the
                                                    exchange-listed, uncovered out-of-the-                  options’ distance in or out of the money,                According to the Registration
                                                    money put options, that typically expire                time to expiration, and the volatility of             Statement, the Fund will issue and sell
                                                    between 30 and 60 days, on (i) the S&P                  the underlying asset.                                 Shares only in ‘‘Creation Units’’ on a
                                                    500 Index,8 (ii) futures on the S&P 500                   The aggregate notional value (i.e., the             continuous basis through the Distributor
                                                    Index and/or (iii) e-mini futures on the                underlying value) of the put option                   at their NAV next determined after
                                                    S&P 500 Index.9                                         contracts will be approximately 200% of               receipt, on any business day, of an order
                                                       The Fund will seek a positive total                  the Fund’s net assets.                                in proper form. The consideration for a
                                                    return with both income and capital                       If the Fund receives additional                     purchase of Creation Units is cash. To
                                                    appreciation by collecting premiums on                  inflows (and issues more Shares                       the extent in-kind creations are effected
                                                    options sold and investing cash in                      accordingly in large aggregations known               for the Fund, Creation Units of the Fund
                                                    excess of the amount necessary to fulfill               as ‘‘Creation Units,’’ as defined below)              will consist of cash and/or the in-kind
                                                    option margin requirements in cash and                  in between scheduled put option rolls,                deposit of a designated portfolio of
                                                    cash equivalents, including U.S.                        the Fund will sell additional listed put              securities (the ‘‘Deposit Securities’’) and
                                                    Treasury bills. The Fund will seek to                   options, allocated on a pro rata basis                an amount of cash computed as
                                                    generate a positive total return by                     based on the holdings of the Fund.                    described below (the ‘‘Cash
                                                    selling options based on a                              However, if the trading costs exceed the              Component’’). The Cash Component
                                                    predetermined strike price calculation                  potential premium received, the Fund                  together with the Deposit Securities, as
                                                    and roll schedule. The strike price is the              will keep that portion of the Creation                applicable, are referred to as the ‘‘Fund
                                                    price at which the contract can be                      Unit in cash until the next scheduled                 Deposit’’, which represents the
                                                    exercised. Rolling an option contract, in               option roll. Conversely, if the Fund                  minimum initial and subsequent
                                                    reference to this Fund, refers to the                   redeems Shares in Creation Unit size in               investment amount for Shares. The Cash
                                                    process of buying existing contracts to                 between scheduled put option rolls, the               Component represents the difference
                                                    close them out and selling new put                      Fund will terminate the appropriate                   between the NAV of a Creation Unit and
                                                    option contracts. The strike price                      portion of the options it has sold on a               the market value of Deposit Securities
                                                    calculation is designed to adjust the                   pro rata basis.                                       and may include a ‘‘Dividend
                                                    strike prices based on the risk of the                                                                        Equivalent Payment’’. The Dividend
                                                    equity market by taking into account the                Other Investments                                     Equivalent Payment will enable the
                                                    underlying asset’s price, price volatility                 While the Fund, under normal                       Fund to make a complete distribution of
                                                                                                            circumstances, will seek to achieve its               dividends on the next dividend
                                                       7 The term ‘‘under normal circumstances’’
                                                                                                            investment objective by selling                       payment date, and is an amount equal,
                                                    includes, but is not limited to, the absence of         primarily exchange-listed, uncovered                  on a per Creation Unit basis, to the
                                                    extreme volatility or trading halts in the domestic
                                                    equity markets or the financial markets generally;      out-of-the-money put options, as                      dividends on all the securities held by
                                                    operational issues causing dissemination of             described above, the Fund may invest                  the Fund (‘‘Fund Securities’’) with ex-
                                                    inaccurate market information; or force majeure         its remaining assets in other securities              dividend dates within the accumulation
                                                    type events such as systems failure, natural or man-
                                                    made disaster, act of God, armed conflict, act of
                                                                                                            and financial instruments, as described               period for such distribution (the
                                                    terrorism, riot or labor disruption or any similar      below.                                                ‘‘Accumulation Period’’), net of
                                                    intervening circumstance.                                  The Fund may hold cash and cash                    expenses and liabilities for such period,
                                                       8 Options on the S&P 500 Index are traded on the
                                                                                                            equivalents, including the following:                 as if all of the Fund Securities had been
                                                    Chicago Board Options Exchange (‘‘CBOE’’).              U.S. Treasury Bills, repurchase                       held by the Trust for the entire
                                                    Options on futures on the S&P 500 Index and
                                                    options on e-mini futures on the S&P 500 Index are      agreements, money market instruments,                 Accumulation Period. The
                                                    traded on the Chicago Mercantile Exchange               or investment companies and exchange-                 Accumulation Period begins on the ex-
                                                    (‘‘CME’’).                                              traded funds (‘‘ETFs’’) 10 that invest                dividend date for the Fund and ends on
                                                       9 Put option contracts give the owners of the puts
                                                                                                            principally in money market                           the next ex-dividend date.
                                                    the right, but not the obligation, to sell the
                                                    underlying asset, at a specified price, by a            instruments.                                             The Administrator, through the
                                                    predetermined date. Put options on the S&P 500             While the Fund will primarily sell put             National Securities Clearing Corporation
                                                    Index, futures on the S&P 500 Index, and e-mini         option contracts on (i) the S&P 500                   (‘‘NSCC’’), will make available on each
                                                    futures on the S&P 500 Index are similar in that        Index, (ii) futures on the S&P 500 Index              business day, immediately prior to the
                                                    they are linked to the S&P 500 Index, marked-to-
                                                    market daily, settled in cash at expiration, and are    and/or (iii) e-mini futures on the S&P                opening of business on the Exchange
                                                    liquid. Options on the S&P 500 Index are European-      500 Index with an aggregate notional                  (currently 9:30 a.m. Eastern time), the
                                                    style and options on futures, and e-mini futures, on    value of approximately 200% of the                    list of the names and the required
                                                    the S&P 500 Index are American-style. An                Fund’s net assets, the Fund also may                  number of shares of each Deposit
                                                    ‘‘American style’’ put option gives the option
                                                                                                            invest in other U.S. exchange-traded                  Security to be included in the current
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    holder the right to sell the underlying security to
                                                    the option seller (i.e., the Fund) at the option
                                                    exercise price at any time prior to the expiration of     10 The ETFs in which the Fund may invest will         11 Exchange-traded pooled investment vehicles

                                                    the option. A ‘‘European style’’ put option gives the   be registered under the 1940 Act and include          include Trust Issued Receipts (as described in
                                                    option holder the right to sell the underlying          Investment Company Units (as described in NYSE        NYSE Arca Equities Rule 8.200); Commodity-Based
                                                    security to the option seller at the option exercise    Arca Equities Rule 5.2(j)(3)); Portfolio Depositary   Trust Shares (as described in NYSE Arca Equities
                                                    price only on the option expiration date. The           Receipts (as described in NYSE Arca Equities Rule     Rule 8.201); Currency Trust Shares (as described in
                                                    decision whether to sell a put option on the S&P        8.100); and Managed Fund Shares (as described in      NYSE Arca Equities Rule 8.202); Commodity Index
                                                    500 Index or on futures, or e-mini futures, on the      NYSE Arca Equities Rule 8.600). Such ETFs all will    Trust Shares (as described in NYSE Arca Equities
                                                    S&P 500 would be based on, among other things,          be listed and traded in the U.S. on registered        Rule 8.203); and Trust Units (as described in NYSE
                                                    liquidity and transaction costs.                        exchanges.                                            Arca Equities Rule 8.500).



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                                                                                 Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Notices                                                      75885

                                                    Fund Deposit (based on information at                      Shares may be redeemed only in                     markets as determined in accordance
                                                    the end of the previous business day) as                Creation Units at their NAV next                      with Commission staff guidance.12
                                                    well as the Cash Component for the                      determined after receipt of a redemption                For temporary defensive purposes, the
                                                    Fund. Such Fund Deposit is applicable,                  request in proper form by the                         Fund may hold cash and cash
                                                    subject to any adjustments as described                 Distributor, only on a business day and               equivalents, including U.S. Treasury
                                                    below, in order to effect creations of                  only through a Participating Party or                 bills and/or invest without limit in
                                                    Creation Units of the Fund until such                   DTC Participant who has executed a                    money market instruments, repurchase
                                                    time as the next-announced Fund                         Participant Agreement. The Trust will                 agreements, or other funds which invest
                                                    Deposit composition is made available.                  not redeem Shares in amounts less than                exclusively in money market
                                                       The identity and number of shares of                 Creation Units.                                       instruments. The Fund may take
                                                    the Deposit Securities required for the                    Redemptions generally will be                      temporary defensive positions in
                                                    Fund Deposit for the Fund will change                   effected for cash. To the extent                      anticipation of or in an attempt to
                                                    as rebalancing adjustments and                          redemptions are effected in-kind, the                 respond to adverse market, economic,
                                                    corporate action events are reflected                   Administrator, through NSCC, will                     political or other conditions.
                                                    from time to time by the Adviser with                   make available immediately prior to the                 The Fund intends to qualify for and
                                                    a view to the investment objective of the               opening of business on the Exchange                   to elect to be treated as a separate
                                                    Fund. The composition of the Deposit                    (currently 9:30 a.m. Eastern time) on                 regulated investment company (a ‘‘RIC’’)
                                                    Securities may also change in response                  each day that the Exchange is open for                under Subchapter M of the Internal
                                                    to adjustments to the weighting or                      business, the Fund Securities that will               Revenue Code.13
                                                    composition of the securities                           be applicable (subject to possible                      The Fund’s investments, including
                                                    constituting the Index. In addition, the                amendment or correction) to                           the sale of options and options on
                                                    Trust reserves the right to accept a                    redemption requests received in proper                futures, will be consistent with the
                                                    basket of securities or cash that differs               form on that day.                                     Fund’s investment objective and may be
                                                    from Deposit Securities or to permit or                    To the extent redemptions are effected             used to enhance leverage.14 As
                                                    require the substitution of an amount of                in-kind, the redemption proceeds for a                described above, the Fund may sell S&P
                                                    cash (i.e., a ‘‘cash in lieu’’ amount) to be            Creation Unit generally will consist of               500 Index put options, and put options
                                                    added to the Cash Component to replace                  Fund Securities as announced by the                   on futures and e-mini futures on the
                                                    any Deposit Security under specified                    Administrator on the business day of                  S&P 500 Index, which will have an
                                                    circumstances.                                          the request for redemption, plus cash in              aggregate notional value of
                                                       In addition to the list of names and                 an amount equal to the difference                     approximately 200% of the Fund’s net
                                                    numbers of securities constituting the                  between the NAV of the Shares being                   assets. While the Fund will be permitted
                                                    current Deposit Securities of the Fund                  redeemed, as next determined after a                  to borrow as permitted under the 1940
                                                    Deposit, the Administrator, through the                 receipt of a request in proper form, and                 12 The Commission has stated that long-standing
                                                    NSCC, also will make available on each                  the value of the Fund Securities, less the            Commission guidelines have required open-end
                                                    business day, the Dividend Equivalent                   redemption transaction fee and certain                funds to hold no more than 15% of their net assets
                                                    Payment, if any, and the estimated Cash                 variable fees. Should the Fund                        in illiquid securities and other illiquid assets. See
                                                    Component effective through and                         Securities have a value greater than the              Investment Company Act Release No. 28193 (March
                                                                                                                                                                  11, 2008), 73 FR 14618 (March 18, 2008), footnote
                                                    including the previous business day, per                NAV of the Shares being redeemed, a                   34. See also, Investment Company Act Release No.
                                                    outstanding Share of the Fund.                          compensating cash payment to the Trust                5847 (October 21, 1969), 35 FR 19989 (December
                                                       To be eligible to place orders with the              equal to the differential plus the                    31, 1970) (Statement Regarding ‘‘Restricted
                                                                                                            applicable redemption transaction fee                 Securities’’); Investment Company Act Release No.
                                                    Distributor to create Creation Units of                                                                       18612 (March 12, 1992), 57 FR 9828 (March 20,
                                                    the Fund, an entity or person either                    will be required to be arranged for by or             1992) (Revisions of Guidelines to Form N–1A). A
                                                    must be (1) a ‘‘Participating Party,’’ i.e.,            on behalf of the redeeming shareholder.               fund’s portfolio security is illiquid if it cannot be
                                                    a broker-dealer or other participant in                 The Fund reserves the right to honor a                disposed of in the ordinary course of business
                                                                                                            redemption request by delivering a                    within seven days at approximately the value
                                                    the clearing process through the                                                                              ascribed to it by the fund. See Investment Company
                                                    Continuous Net Settlement System of                     basket of securities or cash that differs             Act Release No. 14983 (March 12, 1986), 51 FR
                                                    the NSCC; or (2) a Depository Trust                     from the Fund Securities.                             9773 (March 21, 1986) (adopting amendments to
                                                    Company (‘‘DTC’’) Participant; and, in                                                                        Rule 2a–7 under the 1940 Act); Investment
                                                                                                            Investment Restrictions                               Company Act Release No. 17452 (April 23, 1990),
                                                    either case, must have executed an                                                                            55 FR 17933 (April 30, 1990) (adopting Rule 144A
                                                    agreement with the Distributor and the                     The Fund may hold up to an aggregate               under the Securities Act).
                                                    Transfer Agent with respect to creations                amount of 15% of its net assets in                       13 26 U.S.C. 851 et seq.

                                                    and redemptions of Creation Units                       illiquid assets (calculated at the time of               14 Investments in derivative instruments by the

                                                    (‘‘Participant Agreement’’) (discussed                  investment), consistent with                          Fund will be made in accordance with the 1940 Act
                                                                                                            Commission guidance. The Fund will                    and consistent with the Fund’s investment objective
                                                    below). A Participating Party and DTC                                                                         and policies. To limit the potential risk associated
                                                    Participant are collectively referred to as             monitor its portfolio liquidity on an                 with transactions in derivatives, the Fund will
                                                    an ‘‘Authorized Participant.’’                          ongoing basis to determine whether, in                segregate or ‘‘earmark’’ assets determined to be
                                                       All orders to create Creation Units                  light of current circumstances, an                    liquid by the Adviser in accordance with
                                                                                                            adequate level of liquidity is being                  procedures that will established by the Trust’s
                                                    must be placed in multiples of 50,000                                                                         Board of Trustees and in accordance with the 1940
                                                    Shares (i.e., a Creation Unit). All orders              maintained, and will consider taking                  Act (or, as permitted by applicable regulation, enter
                                                    to create Creation Units, must be                       appropriate steps in order to maintain
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                  into certain offsetting positions) to cover its
                                                    received by the Distributor no later than               adequate liquidity if, through a change               obligations under derivative instruments. These
                                                                                                            in values, net assets, or other                       procedures will be adopted consistent with Section
                                                    the closing time of the regular trading                                                                       18 of the 1940 Act and related Commission
                                                    session on NYSE Arca (‘‘Closing Time’’)                 circumstances, more than 15% of the                   guidance. In addition, the Fund will include
                                                    (ordinarily 4:00 p.m. Eastern time) on                  Fund’s net assets are held in illiquid                appropriate risk disclosure in its offering
                                                    the date such order is placed in order                  assets. Illiquid assets include securities            documents, including leveraging risk. Leveraging
                                                                                                            subject to contractual or other                       risk is the risk that certain transactions of the Fund,
                                                    for creation of Creation Units to be                                                                          including the Fund’s use of derivatives, may give
                                                    effected based on the NAV of the Fund                   restrictions on resale and other                      rise to leverage, causing the Fund’s Shares to be
                                                    as determined on such date.                             instruments that lack readily available               more volatile than if they had not been leveraged.



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                                                    75886                        Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Notices

                                                    Act, the Fund’s investments will not be                 determining what it believes is the fair               symbol, CUSIP number or other
                                                    used to seek performance that is the                    value of the portfolio securities. If a                identifier, if any; a description of the
                                                    multiple or inverse multiple (i.e., 2Xs                 market quotation for a security is not                 holding (including the type of holding,
                                                    and 3Xs) of a broad-based equity market                 readily available or the Adviser believes              such as the type of option); the identity
                                                    index.                                                  it does not otherwise accurately reflect               of the security, commodity, index or
                                                                                                            the market value of the security at the                other asset or instrument underlying the
                                                    Net Asset Value
                                                                                                            time the Fund will calculate its NAV,                  holding, if any; for options, the option
                                                       The NAV per Share for the Fund will                  the security will be fair valued by the                strike price; quantity held (as measured
                                                    be computed by dividing the value of                    Adviser in accordance with the Trust’s                 by, for example, par value, notional
                                                    the net assets of the Fund (i.e., the value             valuation policies and procedures                      value or number of shares, contracts or
                                                    of its total assets less total liabilities) by          approved by the Board of Trustees. The                 units); maturity date, if any; coupon
                                                    the total number of Shares outstanding.                 Fund expects that it may also use fair                 rate, if any; effective date, if any; market
                                                    Expenses and fees, including the                        value pricing in a variety of                          value of the holding; and the percentage
                                                    management fee, will be accrued daily                   circumstances, including but not                       weighting of the holding in the Fund’s
                                                    and taken into account for purposes of                  limited to, situations where the value of              portfolio. The Web site information will
                                                    determining NAV. The NAV of the Fund                    a security in the Fund’s portfolio has                 be publicly available at no charge.
                                                    will be determined each business day as                 been materially affected by events                        In addition, a basket composition file,
                                                    of the close of trading (ordinarily 4:00                occurring after the close of the market                which includes the security names and
                                                    p.m., Eastern Time) on the New York                     on which the security is principally                   share quantities, if applicable, required
                                                    Stock Exchange. Any assets or liabilities               traded (such as a corporate action or                  to be delivered in exchange for the
                                                    denominated in currencies other than                    other news that may materially affect                  Fund’s Shares, together with estimates
                                                    the U.S. dollar will be converted into                  the price of a security) or trading in a               and actual cash components, will be
                                                    U.S. dollars at the current market rates                security has been suspended or halted.                 publicly disseminated daily prior to the
                                                    on the date of valuation as quoted by                   Accordingly, the Fund’s NAV may                        opening of the Exchange via the NSCC.
                                                    one or more sources.                                    reflect certain portfolio securities’ fair             The basket represents one Creation Unit
                                                       The Fund currently expects that the                  values rather than their market prices at              of the Fund. The NAV of Shares of the
                                                    values of the Fund’s put options and                    the time the exchanges on which they                   Fund will normally be determined as of
                                                    cash and cash equivalents will be based                 principally trade close.                               the close of the regular trading session
                                                    on the securities’ closing prices on local                                                                     on the Exchange (ordinarily 4:00 p.m.
                                                    markets, when available. In the absence                 Availability of Information                            Eastern time) on each business day.
                                                    of a last reported sales price, or if no                   The Fund’s Web site                                 Authorized Participants may refer to the
                                                    sales were reported, and for other assets               (www.vaneck.com), which will be                        basket composition file for information
                                                    for which market quotes are not readily                 publicly available prior to the public                 regarding securities and financial
                                                    available, values may be based on                       offering of Shares, will include a form                instruments that may comprise the
                                                    quotes obtained from a quotation                        of the prospectus for the Fund that may                Fund’s basket on a given day.
                                                    reporting system, established market                    be downloaded. The Fund’s Web site                        In order to provide investors with a
                                                    makers or by an outside independent                     will include additional quantitative                   basis to gauge whether the market price
                                                    pricing service.                                        information updated on a daily basis,                  of the Shares on the Exchange is
                                                       ETFs and pooled investment vehicles                  including, for the Fund, (1) daily trading             approximately consistent with the
                                                    will be valued at market value, which                   volume, the prior business day’s                       current value of the assets of the Fund
                                                    will generally be determined using the                  reported closing price, NAV at the time                on a per Share basis, an updated
                                                    last reported official closing or last                  of calculation of such NAV (the                        Indicative Per Share Portfolio Value will
                                                    trading price on the exchange or market                 ‘‘Closing Price’’), and a calculation of               be disseminated every 15 seconds
                                                    on which the security is primarily                      the premium and discount of the                        during the Exchange’s Core Trading
                                                    traded at the time of valuation or, if no               Closing Price against the NAV, and (2)                 Session by major market data vendors.16
                                                    sale has occurred, at the mean between                  data in chart format displaying the                    Indicative Per Share Portfolio Values
                                                    the last quoted bid and asked price on                  frequency distribution of discounts and                will be based on the most recently
                                                    the primary market or exchange on                       premiums of the daily Closing Price                    reported prices of Fund Securities.
                                                    which they are traded. Investment                       against the NAV, within appropriate                       Investors can also obtain the Trust’s
                                                    company securities (other than ETFs)                    ranges, for each of the four previous                  Statement of Additional Information
                                                    will be valued at NAV.                                  calendar quarters. On each business                    (‘‘SAI’’), the Fund’s shareholder reports,
                                                       Money market instruments and                         day, before commencement of trading in                 and its Form N–CSR and Form N–SAR,
                                                    repurchase agreements will be valued                    Shares in the Core Trading Session on                  filed twice a year. The Trust’s SAI and
                                                    based on evaluations or price quotations                the Exchange (9:30 a.m. to 4:00 p.m.,                  Shareholder Reports will be available
                                                    obtained from a third-party pricing                     Eastern time), the Fund’s Web site will                free upon request from the Trust, and
                                                    service or from a broker-dealer who                     disclose the Disclosed Portfolio that will             those documents and the Form N–CSR
                                                    makes markets in such securities, and                   form the basis for the Fund’s calculation              and Form N–SAR may be viewed on-
                                                    such investments that are short-term                    of NAV at the end of the business day.15               screen or downloaded from the
                                                    investments (that is, having a maturity                    The Fund will disclose on the Fund’s                Commission’s Web site at www.sec.gov.
                                                    of 60 days or less) will be valued at                   Web site the following information                     Information regarding market price and
                                                    amortized cost.                                                                                                trading volume of the Shares will be
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            regarding each portfolio holding, as
                                                       Prices obtained by an outside                        applicable to the type of holding: ticker              continually available on a real-time
                                                    independent pricing service may use                                                                            basis throughout the day on brokers’
                                                    information provided by market makers                     15 Under accounting procedures followed by the

                                                    or estimates of market values obtained                  Fund, trades made on the prior business day (‘‘T’’)       16 Currently, the Exchange understands that

                                                    from yield data related to investments or               will be booked and reflected in NAV on the current     several major market data vendors display and/or
                                                                                                            business day (‘‘T+1’’). Accordingly, the Fund will     make widely available Indicative Per Share
                                                    securities with similar characteristics                 be able to disclose at the beginning of the business   Portfolio Values (or Portfolio Indicative Values)
                                                    and may use a computerized grid matrix                  day the portfolio that will form the basis for the     taken from the Consolidated Tape Association
                                                    of securities and its evaluations in                    NAV calculation at the end of the business day.        (‘‘CTA’’) or other data feeds.



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                                                                                 Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Notices                                                   75887

                                                    computer screens and other electronic                   maintenance of a fair and orderly                     with the exception of securities that are
                                                    services. Information regarding the                     market are present. Trading in the                    priced less than $1.00 for which the
                                                    previous day’s closing price and trading                Shares will be subject to NYSE Arca                   MPV for order entry is $0.0001.
                                                    volume information for the Shares will                  Equities Rule 8.600(d)(2)(D), which sets
                                                                                                                                                                  Surveillance
                                                    be published daily in the financial                     forth circumstances under which Shares
                                                    section of newspapers.                                  of the Fund may be halted.                               The Exchange represents that the
                                                       Quotation and last sale information                    If the Indicative Per Share Portfolio               trading in the Shares will be subject to
                                                    for the Shares, ETFs and pooled                         Value is not being disseminated as                    the existing trading surveillances,
                                                    investment vehicles will be available via               required, the Exchange may halt trading               administered by regulatory staff of the
                                                    the Consolidated Tape Association                       during the day in which the disruption                Exchange or the Financial Industry
                                                    (‘‘CTA’’) high-speed line. Quotation and                occurs; if the interruption persists past             Regulatory Authority (‘‘FINRA’’) on
                                                    last sale information for exchange-listed               the day in which it occurred, the                     behalf of the Exchange, which are
                                                    options cleared via the Options Clearing                Exchange will halt trading no later than              designed to detect violations of
                                                    Corporation will be available via the                   the beginning of the trading day                      Exchange rules and applicable federal
                                                    Options Price Reporting Authority.                      following the interruption. Under NYSE                securities laws.19 The Exchange
                                                    Intra-day and closing price information                 Arca Equities Rule 7.34(a)(5), if the                 represents that these procedures are
                                                    regarding exchange-traded options                       Exchange becomes aware that the NAV                   adequate to properly monitor Exchange
                                                    (including options on futures) will be                  for the Fund is not being disseminated                trading of the Shares in all trading
                                                    available from the exchange on which                    to all market participants at the same                sessions and to deter and detect
                                                    such instruments are traded. Intra-day                  time, it will halt trading in the Shares              violations of Exchange rules and federal
                                                    and closing price information regarding                 until such time as the NAV is available               securities laws applicable to trading on
                                                    money market instruments, repurchase                    to all market participants.                           the Exchange.
                                                    agreements, cash and cash equivalents,                    The Shares will conform to the initial                 The surveillances referred to above
                                                    including U.S. Treasuries, will be                      and continued listing criteria under                  generally focus on detecting securities
                                                    available from major market data                        NYSE Arca Equities Rule 8.600.                        trading outside their normal patterns,
                                                    vendors. Price information for non-                     Consistent with NYSE Arca Equities                    which could be indicative of
                                                    exchange-traded investment company                      Rule 8.600(d)(2)(B)(ii), the Adviser, as              manipulative or other violative activity.
                                                    securities will be available from major                 the Reporting Authority, will implement               When such situations are detected,
                                                    market data vendors and from the Web                    and maintain, or be subject to,                       surveillance analysis follows and
                                                    site of the applicable investment                       procedures designed to prevent the use                investigations are opened, where
                                                    company.                                                and dissemination of material non-                    appropriate, to review the behavior of
                                                       In addition, the Indicative Per Share                public information regarding the actual               all relevant parties for all relevant
                                                    Portfolio Value, which is the Portfolio                 components of the Fund’s portfolio. The               trading violations.
                                                    Indicative Value as defined in NYSE                     Exchange represents that, for initial
                                                                                                                                                                     FINRA, on behalf of the Exchange, or
                                                    Arca Equities Rule 8.600(c)(3), will be                 and/or continued listing, the Fund will
                                                                                                                                                                  the regulatory staff of the Exchange, will
                                                    widely disseminated at least every 15                   be in compliance with Rule 10A–3 18
                                                                                                                                                                  communicate as needed regarding
                                                    seconds during the Exchange’s Core                      under the Act, as provided by NYSE
                                                                                                                                                                  trading in the Shares, options contracts
                                                    Trading Session by one or more major                    Arca Equities Rule 5.3. A minimum of
                                                                                                                                                                  and options on futures contracts with
                                                    market data vendors. The dissemination                  100,000 Shares will be outstanding at
                                                                                                                                                                  other markets and other entities that are
                                                    of the Indicative Per Share Portfolio                   the commencement of trading on the
                                                                                                                                                                  members of the Intermarket
                                                    Value, together with the Disclosed                      Exchange. The Exchange will obtain a
                                                                                                                                                                  Surveillance Group (‘‘ISG’’), and FINRA,
                                                    Portfolio, will allow investors to                      representation from the issuer of the
                                                                                                                                                                  on behalf of the Exchange, may obtain
                                                    determine the value of the underlying                   Shares that the NAV per Share will be
                                                                                                                                                                  trading information regarding trading in
                                                    portfolio of the Fund on a daily basis                  calculated daily and that the NAV and
                                                                                                                                                                  the Shares, options contracts, and
                                                    and will provide a close estimate of that               the Disclosed Portfolio as defined in
                                                                                                                                                                  options on futures contracts from such
                                                    value throughout the trading day.                       NYSE Arca Equities Rule 8.600(c)(2)
                                                                                                                                                                  markets and other entities. In addition,
                                                                                                            will be made available to all market
                                                    Trading Halts                                                                                                 the regulatory staff of the Exchange may
                                                                                                            participants at the same time.
                                                                                                                                                                  obtain information regarding trading in
                                                       With respect to trading halts, the
                                                                                                            Trading Rules                                         the Shares, options contracts, and
                                                    Exchange may consider all relevant
                                                                                                              The Exchange deems the Shares to be                 options on futures contracts from
                                                    factors in exercising its discretion to
                                                                                                            equity securities, thus rendering trading             markets and other entities that are
                                                    halt or suspend trading in the Shares of
                                                                                                            in the Shares subject to the Exchange’s               members of ISG or with which the
                                                    the Fund.17 Trading in Shares of the
                                                                                                            existing rules governing the trading of               Exchange has in place a comprehensive
                                                    Fund will be halted if the circuit breaker
                                                                                                            equity securities. Shares will trade on               surveillance sharing agreement.20 All
                                                    parameters in NYSE Arca Equities Rule
                                                    7.12 have been reached. Trading also                    the NYSE Arca Marketplace from 4 a.m.                 options on futures and options held by
                                                    may be halted because of market                         to 8 p.m. ET in accordance with NYSE                  the Fund will be traded on U.S.
                                                    conditions or for reasons that, in the                  Arca Equities Rule 7.34 (Opening, Core,               exchanges, all of which are members of
                                                    view of the Exchange, make trading in                   and Late Trading Sessions). The                       ISG or are exchanges with which the
                                                    the Shares inadvisable. These may                       Exchange has appropriate rules to
                                                                                                                                                                     19 FINRA surveils certain trading activity on the
                                                                                                            facilitate transactions in the Shares
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                                                    include: (1) The extent to which trading                                                                      Exchange pursuant to a regulatory services
                                                    is not occurring in the securities and/or               during all trading sessions. As provided              agreement. The Exchange is responsible for
                                                    the financial instruments comprising                    in NYSE Arca Equities Rule 7.6,                       FINRA’s performance under this regulatory services
                                                    the Disclosed Portfolio of the Fund; or                 Commentary .03, the minimum price                     agreement.
                                                    (2) whether other unusual conditions or                 variation (‘‘MPV’’) for quoting and entry                20 For a list of the current members of ISG, see

                                                                                                            of orders in equity securities traded on              www.isgportal.org. The Exchange notes that not all
                                                    circumstances detrimental to the                                                                              of the components of the portfolio for the Fund may
                                                                                                            the NYSE Arca Marketplace is $0.01,                   trade on exchanges that are members of the ISG or
                                                      17 See NYSE Arca Equities Rule 7.12,                                                                        with which the Exchange has in place a
                                                    Commentary .04.                                           18 17   CFR 240.10A–3.                              comprehensive surveillance sharing agreement.



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                                                    75888                           Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Notices

                                                    Exchange has in place a comprehensive                      Shares will be subject to the existing                and from the Exchange. Quotation and
                                                    surveillance sharing agreement.                            trading surveillances, administered by                last sale information for exchange-listed
                                                      In addition, the Exchange also has a                     FINRA on behalf of the Exchange, or the               options cleared via the Options Clearing
                                                    general policy prohibiting the                             regulatory staff of the Exchange, which               Corporation will be available via the
                                                    distribution of material, non-public                       are designed to deter and detect                      Options Price Reporting Authority.
                                                    information by its employees.                              violations of Exchange rules and federal              Intra-day and closing price information
                                                    Information Bulletin                                       securities laws applicable to trading on              regarding exchange-traded options
                                                                                                               the Exchange. FINRA and the regulatory                (including options on futures) will be
                                                       Prior to the commencement of trading                    staff of the Exchange, as applicable, may             available from the exchange on which
                                                    of Shares in the Fund, the Exchange will                   each obtain information via ISG from                  such instruments are traded. Intra-day
                                                    inform its ETP Holders in an                               other exchanges that are members of                   and closing price information regarding
                                                    Information Bulletin (‘‘Bulletin’’) of the                 ISG, and in the case of the Exchange,                 money market instruments; repurchase
                                                    special characteristics and risks                          from other market or entities with                    agreements; cash and cash equivalents
                                                    associated with trading the Shares.                        which the Exchange has entered into a                 also will be available from major market
                                                    Specifically, the Bulletin will discuss                    comprehensive surveillance sharing                    data vendors.
                                                    the following: (1) The procedures for                      agreement. The Adviser is not a                          The Web site for the Fund will
                                                    purchases and redemptions of Shares in                     registered broker-dealer but is affiliated            include the prospectus for the Fund and
                                                    Creation Unit aggregations (and that                       with a broker-dealer whose primary                    additional data relating to NAV and
                                                    Shares are not individually redeemable);                   function is to serve as distributor and               other applicable quantitative
                                                    (2) NYSE Arca Equities Rule 9.2(a),                        placement agent for Van Eck products.                 information. Moreover, prior to
                                                    which imposes a duty of due diligence                      Van Eck has implemented controls with                 commencement of trading, the Exchange
                                                    on its ETP Holders to learn the essential                  respect to such broker-dealer regarding               will inform its ETP Holders in an
                                                    facts relating to every customer prior to                  access to information concerning the                  Information Bulletin of the special
                                                    trading the Shares; (3) the risks involved                 composition and/or changes to the                     characteristics and risks associated with
                                                    in trading the Shares during the                           Fund’s portfolio. The Fund’s                          trading the Shares. Trading in Shares of
                                                    Opening and Late Trading Sessions                          investments will be consistent with its               the Fund will be halted if the circuit
                                                    when an updated IIV or Index value will                    investment objective. While the Fund                  breaker parameters in NYSE Arca
                                                    not be calculated or publicly                              will be permitted to borrow as permitted              Equities Rule 7.12 have been reached or
                                                    disseminated; (4) how information                          under the 1940 Act, the Fund’s                        because of market conditions or for
                                                    regarding the IIV and the Disclosed                        investments will not be used to seek                  reasons that, in the view of the
                                                    Portfolio will be disseminated; (5) the                    performance that is the multiple or                   Exchange, make trading the Shares
                                                    requirement that ETP Holders deliver a                     inverse multiple (i.e., 2Xs and 3Xs) of a             inadvisable. In addition, as noted above,
                                                    prospectus to investors purchasing                         broad-based equity market index.                      investors will have ready access to
                                                    newly issued Shares prior to or                                                                                  information regarding the Fund’s
                                                    concurrently with the confirmation of a                       The proposed rule change is designed               holdings, the IIV, the Fund’s portfolio,
                                                    transaction; and (6) trading information.                  to promote just and equitable principles              and quotation and last sale information
                                                       In addition, the Bulletin will                          of trade and to protect investors and the             for the Shares.
                                                    reference that the Fund is subject to                      public interest in that the Exchange will                The proposed rule change is designed
                                                    various fees and expenses described in                     obtain a representation from the issuer               to perfect the mechanism of a free and
                                                    the Registration Statement. The Bulletin                   of the Shares that the NAV per Share                  open market and, in general, to protect
                                                    will discuss any exemptive, no-action,                     will be calculated daily every day the                investors and the public interest in that
                                                    and interpretive relief granted by the                     NYSE is open, and that the NAV will be                it will facilitate the listing and trading
                                                    Commission from any rules under the                        made available to all market                          of an additional type of exchange-traded
                                                    Act. The Bulletin will also disclose that                  participants at the same time. In                     product that will enhance competition
                                                    the NAV for the Shares will be                             addition, a large amount of publicly                  among market participants, to the
                                                    calculated after 4:00 p.m., Eastern time                   available information will be publicly                benefit of investors and the marketplace.
                                                    each trading day.                                          available regarding the Fund and the                  As noted above, the Shares will be
                                                                                                               Shares, thereby promoting market                      subject to the existing trading
                                                    2. Statutory Basis                                         transparency. Moreover, the IIV will be               surveillances, administered by the
                                                       The basis under the Act for this                        widely disseminated by one or more                    regulatory staff of the Exchange or
                                                    proposed rule change is the requirement                    major market data vendors at least every              FINRA on behalf of the Exchange,
                                                    under Section 6(b)(5) 21 that an                           15 seconds during the Exchange’s Core                 which are designed to detect violations
                                                    exchange have rules that are designed to                   Trading Session. On each business day,                of Exchange rules and federal securities
                                                    prevent fraudulent and manipulative                        before commencement of trading in the                 laws applicable to trading on the
                                                    acts and practices, to promote just and                    Shares in the Core Trading Session on                 Exchange. The regulatory staff of the
                                                    equitable principles of trade, to remove                   the Exchange, the Fund will disclose on               Exchange, or FINRA, on behalf of the
                                                    impediments to, and perfect the                            its Web site the portfolio that will form             Exchange, will communicate as needed
                                                    mechanism of a free and open market                        the basis for the Fund’s calculation of               regarding trading in the Shares, options
                                                    and, in general, to protect investors and                  NAV at the end of the business day.                   contracts and options on futures
                                                    the public interest.                                       Information regarding market price and                contracts with other markets and other
                                                       The Exchange believes that the                          trading volume of the Shares will be                  entities that are members of the ISG, and
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                                                    proposed rule change is designed to                        continually available on a real-time                  the regulatory staff of the Exchange, or
                                                    prevent fraudulent and manipulative                        basis throughout the day on brokers’                  FINRA, on behalf of the Exchange, may
                                                    acts and practices in that the Shares will                 computer screens and other electronic                 obtain trading information regarding
                                                    be listed on the Exchange pursuant to                      services, and quotations and last sale                trading in the Shares, options contracts,
                                                    the initial and continued listing criteria                 information will be available via the                 and options on futures contracts from
                                                    in NYSE Arca Equities Rule 8.600. The                      CTA high-speed line. Quotation and last               such markets and other entities. In
                                                                                                               sale information for the Shares will be               addition, the Exchange may obtain
                                                      21 15   U.S.C. 78f(b)(5).                                available via the CTA high-speed line,                information regarding trading in the


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                                                                                 Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Notices                                            75889

                                                    Shares, options contracts, and options                  NYSEArca–2015–114 on the subject                       SECURITIES AND EXCHANGE
                                                    on futures contracts from markets and                   line.                                                  COMMISSION
                                                    other entities that are members of ISG or
                                                    with which the Exchange has in place                    Paper Comments
                                                                                                                                                                   [Release No. 34–76527; File No. SR–BX–
                                                    a comprehensive surveillance sharing                      • Send paper comments in triplicate                  2015–075]
                                                    agreement.                                              to Brent J. Fields, Secretary, Securities
                                                      In addition, as noted above, investors                and Exchange Commission, 100 F Street                  Self-Regulatory Organizations;
                                                    will have ready access to information                   NE., Washington, DC 20549–1090.                        NASDAQ OMX BX, Inc.; Notice of Filing
                                                    regarding the Fund’s holdings, the IIV,                                                                        and Immediate Effectiveness of
                                                    and quotation and last sale information                 All submissions should refer to File                   Proposed Rule Change To Establish
                                                    for the Shares.                                         Number SR–NYSEArca–2015–114. This                      Fees and Rebates Related to Order
                                                                                                            file number should be included on the                  Exposure
                                                    B. Self-Regulatory Organization’s
                                                                                                            subject line if email is used. To help the
                                                    Statement on Burden on Competition                                                                             November 30, 2015.
                                                                                                            Commission process and review your
                                                      The Exchange does not believe that                    comments more efficiently, please use                     Pursuant to Section 19(b)(1) of the
                                                    the proposed rule change will impose                    only one method. The Commission will                   Securities Exchange Act of 1934
                                                    any burden on competition that is not                   post all comments on the Commission’s                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    necessary or appropriate in furtherance                 Internet Web site (http://www.sec.gov/                 notice is hereby given that on November
                                                    of the purpose of the Act. The Exchange                 rules/sro.shtml). Copies of the                        20, 2015, NASDAQ OMX BX, Inc. (‘‘BX’’
                                                    notes that the proposed rule change will                submission, all subsequent                             or ‘‘Exchange’’) filed with the Securities
                                                    facilitate the listing and trading of an                amendments, all written statements                     and Exchange Commission (‘‘SEC’’ or
                                                    additional type of actively managed ETF                 with respect to the proposed rule                      ‘‘Commission’’) the proposed rule
                                                    that holds options or options on futures                change that are filed with the                         change as described in Items I, II, and
                                                    and that will enhance competition                       Commission, and all written                            III, below, which Items have been
                                                    among market participants, to the                                                                              prepared by the Exchange. The
                                                                                                            communications relating to the
                                                    benefit of investors and the marketplace.                                                                      Commission is publishing this notice to
                                                                                                            proposed rule change between the
                                                    C. Self-Regulatory Organization’s                       Commission and any person, other than                  solicit comments on the proposed rule
                                                    Statement on Comments on the                            those that may be withheld from the                    change from interested persons.
                                                    Proposed Rule Change Received From                      public in accordance with the                          I. Self-Regulatory Organization’s
                                                    Members, Participants or Others                         provisions of 5 U.S.C. 552, will be                    Statement of the Terms of Substance of
                                                      No written comments were solicited                    available for Web site viewing and                     the Proposed Rule Change
                                                    or received with respect to the proposed                printing in the Commission’s Public
                                                                                                            Reference Room, 100 F Street NE.,                         The Exchange proposes to amend its
                                                    rule change.
                                                                                                            Washington, DC 20549, on official                      Options Pricing at Chapter XV Section
                                                    III. Date of Effectiveness of the                       business days between the hours of                     2, entitled ‘‘BX Options Market—Fees
                                                    Proposed Rule Change and Timing for                     10:00 a.m. and 3:00 p.m. Copies of the                 and Rebates,’’ which governs pricing for
                                                    Commission Action                                                                                              BX members using the BX Options
                                                                                                            filing also will be available for
                                                                                                                                                                   Market (‘‘BX Options’’). The Exchange
                                                      Within 45 days of the date of                         inspection and copying at the principal
                                                                                                                                                                   proposes to adopt fees and rebates
                                                    publication of this notice in the Federal               office of the Exchange. All comments                   related to order exposure.
                                                    Register or such longer time period up                  received will be posted without change;
                                                    to 90 days (i) as the Commission may                    the Commission does not edit personal                     The text of the proposed rule change
                                                    designate if it finds such longer period                identifying information from                           is available on the Exchange’s Web site
                                                    to be appropriate and publishes its                     submissions. You should submit only                    at http://
                                                    reasons for so finding or (ii) as to which              information that you wish to make                      nasdaqomxbx.cchwallstreet.com/, at the
                                                    the self-regulatory organization                                                                               principal office of the Exchange, and at
                                                                                                            available publicly. All submissions
                                                    consents, the Commission will: (a) By                                                                          the Commission’s Public Reference
                                                                                                            should refer to File Number SR–
                                                    order approve or disapprove such                                                                               Room.
                                                                                                            NYSEArca–2015–114 and should be
                                                    proposed rule change; or (b) institute                  submitted on or before December 28,                    II. Self-Regulatory Organization’s
                                                    proceedings to determine whether the                    2015.                                                  Statement of the Purpose of, and
                                                    proposed rule change should be                                                                                 Statutory Basis for, the Proposed Rule
                                                    disapproved.                                              For the Commission, by the Division of
                                                                                                            Trading and Markets, pursuant to delegated
                                                                                                                                                                   Change
                                                    IV. Solicitation of Comments                            authority.22                                             In its filing with the Commission, the
                                                      Interested persons are invited to                     Robert W. Errett,                                      Exchange included statements
                                                    submit written data, views, and                         Deputy Secretary.                                      concerning the purpose of and basis for
                                                    arguments concerning the foregoing,                     [FR Doc. 2015–30609 Filed 12–3–15; 8:45 am]            the proposed rule change and discussed
                                                    including whether the proposed rule                     BILLING CODE 8011–01–P
                                                                                                                                                                   any comments it received on the
                                                    change is consistent with the Act.                                                                             proposed rule change. The text of these
                                                    Comments may be submitted by any of                                                                            statements may be examined at the
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                                                    the following methods:                                                                                         places specified in Item IV below. The
                                                    Electronic Comments                                                                                            Exchange has prepared summaries, set
                                                                                                                                                                   forth in sections A, B, and C below, of
                                                      • Use the Commission’s Internet                                                                              the most significant aspects of such
                                                    comment form (http://www.sec.gov/                                                                              statements.
                                                    rules/sro.shtml); or
                                                      • Send an Email to rule-comments@                                                                              1 15   U.S.C. 78s(b)(1).
                                                    sec.gov. Please include File Number SR–                   22 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



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Document Created: 2015-12-14 13:52:52
Document Modified: 2015-12-14 13:52:52
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 75883 

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