82_FR_16711 82 FR 16647 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change, as Modified by Amendment No. 1, To List and Trade Under BZX Rule 14.11(c)(4) the Shares of the VanEck Vectors AMT-Free National Municipal Index ETF of VanEck Vectors ETF Trust

82 FR 16647 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change, as Modified by Amendment No. 1, To List and Trade Under BZX Rule 14.11(c)(4) the Shares of the VanEck Vectors AMT-Free National Municipal Index ETF of VanEck Vectors ETF Trust

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 64 (April 5, 2017)

Page Range16647-16648
FR Document2017-06686

Federal Register, Volume 82 Issue 64 (Wednesday, April 5, 2017)
[Federal Register Volume 82, Number 64 (Wednesday, April 5, 2017)]
[Notices]
[Pages 16647-16648]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06686]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80350; File No. SR-BatsBZX-2017-07]


Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of 
Designation of a Longer Period for Commission Action on Proposed Rule 
Change, as Modified by Amendment No. 1, To List and Trade Under BZX 
Rule 14.11(c)(4) the Shares of the VanEck Vectors AMT-Free National 
Municipal Index ETF of VanEck Vectors ETF Trust

March 30, 2017.
    On January 27, 2017, Bats BZX Exchange, Inc. (``Exchange'') filed 
with the Securities and Exchange Commission (``Commission''), pursuant 
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') 
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to list and 
trade under BZX Rule 14.11(c)(4) the shares of the VanEck Vectors AMT-
Free National Municipal Index ETF of VanEck Vectors ETF Trust. The 
proposed rule change was published for comment in the Federal Register 
on February 14, 2017.\3\ On March 10, 2017, the Exchange filed 
Amendment No. 1 to the proposed rule change.\4\ The Commission has 
received no comment letters on the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 79989 (February 8, 
2017), 82 FR 10615.
    \4\ Amendment No. 1 is available at: https://www.sec.gov/comments/sr-batsbzx-2017-07/batsbzx201707-1667531-148997.pdf.
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    Section 19(b)(2) of the Act \5\ provides that, within 45 days of 
the publication of notice of the filing of a proposed rule change, or 
within such longer period up to 90 days as the Commission may designate 
if it finds such longer period to be appropriate and publishes its 
reasons for so finding or as to which the self-regulatory organization 
consents, the Commission shall either approve the proposed rule change, 
disapprove the proposed rule change, or institute proceedings to 
determine whether the proposed rule change should be disapproved. The 
45th day after publication of the notice for this proposed rule change 
is March 31, 2017. The Commission is extending this 45-day time period. 
The Commission finds that it is appropriate to designate a longer 
period within which to take action on the proposed rule change so that 
it has sufficient time to consider the

[[Page 16648]]

proposed rule change, as modified by Amendment No. 1.
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    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    Accordingly, the Commission, pursuant to Section 19(b)(2) of the 
Act,\6\ designates May 15, 2017, as the date by which the Commission 
shall either approve or disapprove or institute proceedings to 
determine whether to disapprove the proposed rule change (File Number 
SR-BatsBZX-2017-07), as modified by Amendment No. 1.
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    \6\ Id.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(31).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-06686 Filed 4-4-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Notices                                                        16647

                                                  ensure that FICC collects a VaR Charge                  the proposal is consistent with the                         SECURITIES AND EXCHANGE
                                                  that better addresses the risk exposure                 requirements of Rule 17Ad–22(b)(1).43                       COMMISSION
                                                  presented by the portfolio of the Netting                 Rule 17Ad–22(b)(2) under the
                                                  Member. By better limiting exposure to                  Exchange Act requires a registered                          [Release No. 34–80350; File No. SR–
                                                  Netting Members, the proposal is                        clearing agency that performs central                       BatsBZX–2017–07]
                                                  designed to help ensure that, in the
                                                                                                          counterparty services to establish,
                                                  event of a member default, GSD’s                                                                                    Self-Regulatory Organizations; Bats
                                                                                                          implement, maintain, and enforce
                                                  operations would not be disrupted and                                                                               BZX Exchange, Inc.; Notice of
                                                  non-defaulting Netting Members would                    written policies and procedures
                                                                                                                                                                      Designation of a Longer Period for
                                                  limit their exposure to losses that they                reasonably designed to use margin                           Commission Action on Proposed Rule
                                                  cannot anticipate or control.                           requirements to limit its credit                            Change, as Modified by Amendment
                                                  Accordingly, the Commission believes                    exposures to participants under normal                      No. 1, To List and Trade Under BZX
                                                  that the proposal will help to promote                  market conditions and use risk-based                        Rule 14.11(c)(4) the Shares of the
                                                  safety and soundness at FICC, which in                  models and parameters to set margin                         VanEck Vectors AMT-Free National
                                                  turn will help to reduce systemic risk                  requirements and review such margin                         Municipal Index ETF of VanEck
                                                  and support the stability of the broader                requirements and the related risk-based                     Vectors ETF Trust
                                                  financial system, consistent with                       models and parameters at least
                                                  Section 805(b) of the Act.40                            monthly.44 The proposed changes                             March 30, 2017.
                                                                                                          would enhance the risk-based model                            On January 27, 2017, Bats BZX
                                                  B. Consistency With Rule 17Ad–22(b)(1)                                                                              Exchange, Inc. (‘‘Exchange’’) filed with
                                                                                                          and parameters that establish daily
                                                  and (b)(2) Under the Exchange Act                                                                                   the Securities and Exchange
                                                                                                          margin requirements for Netting
                                                     The Commission believes that the                     Members by enabling FICC to better                          Commission (‘‘Commission’’), pursuant
                                                  proposed changes associated with the                    identify the risk posed by a Netting                        to Section 19(b)(1) of the Securities
                                                  Margin Proxy are consistent with the                    Member’s unsettled portfolio and to                         Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                  requirements of Rules 17Ad–22(b)(1)                     quickly adjust and collect additional                       19b–4 thereunder,2 a proposed rule
                                                  and (b)(2) under the Exchange Act.41                    deposits as needed to cover those risks.                    change to list and trade under BZX Rule
                                                     Rule 17Ad–22(b)(1) under the                         Because the proposed changes are                            14.11(c)(4) the shares of the VanEck
                                                  Exchange Act requires a registered                      designed to calculate each Netting                          Vectors AMT-Free National Municipal
                                                  clearing agency that performs central                   Member’s Required Fund Deposit at a                         Index ETF of VanEck Vectors ETF Trust.
                                                  counterparty services to establish,                                                                                 The proposed rule change was
                                                                                                          99 percent confidence level, the
                                                  implement, maintain, and enforce                                                                                    published for comment in the Federal
                                                                                                          proposal also should help mitigate
                                                  written policies and procedures                                                                                     Register on February 14, 2017.3 On
                                                                                                          losses to FICC and its members, in the                      March 10, 2017, the Exchange filed
                                                  reasonably designed to measure its                      event that such Netting Member defaults
                                                  credit exposures to its participants at                                                                             Amendment No. 1 to the proposed rule
                                                                                                          under normal market conditions.                             change.4 The Commission has received
                                                  least once a day and limit its exposures                Therefore, the Commission believes that
                                                  to potential losses from defaults by its                                                                            no comment letters on the proposed rule
                                                                                                          the proposal is consistent with the                         change.
                                                  participants under normal market                        requirements of Rule 17Ad–22(b)(2).45
                                                  conditions so that the operations of the                                                                              Section 19(b)(2) of the Act 5 provides
                                                  clearing agency would not be disrupted                  IV. Conclusion                                              that, within 45 days of the publication
                                                  and non-defaulting participants would                                                                               of notice of the filing of a proposed rule
                                                  not be exposed to losses that they                        It is therefore noticed, pursuant to                      change, or within such longer period up
                                                  cannot anticipate or control.42 The                     Section 806(e)(1)(I) of the Clearing                        to 90 days as the Commission may
                                                  proposed Margin Proxy would be used                     Supervision Act,46 that the Commission                      designate if it finds such longer period
                                                  daily to help measure FICC’s credit                     does not object to the Advance Notice                       to be appropriate and publishes its
                                                  exposure to Netting Members. While                      (SR–FICC–2017–801) and that FICC be                         reasons for so finding or as to which the
                                                  ICBCFS raises concerns about including                  hereby is authorized to implement the                       self-regulatory organization consents,
                                                  the 2007–2009 period, as noted above,                   change as of the date of this notice or                     the Commission shall either approve the
                                                  the Commission agrees that this look                    the date of an order by the Commission                      proposed rule change, disapprove the
                                                  back period should help FICC better                     approving the Proposed Rule Change                          proposed rule change, or institute
                                                  monitor the credit exposures presented                  (SR–FICC–2017–001) that reflects the                        proceedings to determine whether the
                                                  by its Netting Members by including                     changes that are consistent with this                       proposed rule change should be
                                                  volatile periods. It should also enhance                Advance Notice, whichever is later.                         disapproved. The 45th day after
                                                  FICC’s overall risk-based margining                                                                                 publication of the notice for this
                                                                                                            By the Commission.                                        proposed rule change is March 31, 2017.
                                                  framework by helping to ensure that the
                                                  calculation of each GSD Netting                         Eduardo A. Aleman,                                          The Commission is extending this 45-
                                                  Member’s Required Fund Deposit would                    Assistant Secretary.                                        day time period. The Commission finds
                                                  be sufficient to allow FICC to use the                  [FR Doc. 2017–06682 Filed 4–4–17; 8:45 am]                  that it is appropriate to designate a
                                                  defaulting member’s own Required                        BILLING CODE 8011–01–P
                                                                                                                                                                      longer period within which to take
                                                  Fund Deposit to limit its exposures to                                                                              action on the proposed rule change so
                                                  potential losses associated with the                                                                                that it has sufficient time to consider the
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  liquidation of such member’s portfolio
                                                  in the event of a GSD Netting Member                                                                                  1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                        2 17 CFR 240.19b–4.
                                                  default under normal market conditions.
                                                                                                                                                                        3 See Securities Exchange Act Release No. 79989
                                                  Therefore, the Commission believes that
                                                                                                            43 Id.
                                                                                                                                                                      (February 8, 2017), 82 FR 10615.
                                                                                                                                                                        4 Amendment No. 1 is available at: https://
                                                    40 Id.                                                  44 17    CFR 240.17Ad–22(b)(2).                           www.sec.gov/comments/sr-batsbzx-2017-07/
                                                    41 17                                                   45 Id.
                                                          CFR 240.17Ad–22(b)(1) and (b)(2).                                                                           batsbzx201707-1667531-148997.pdf.
                                                    42 17 CFR 240.17Ad–22(b)(1).                            46 12    U.S.C. 5465(e)(1)(I).                              5 15 U.S.C. 78s(b)(2).




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                                                  16648                            Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Notices

                                                  proposed rule change, as modified by                         Hearing requests should be received                 interest to any such entity,1 acts as
                                                  Amendment No. 1.                                           by the Commission by 5:30 p.m. on                     investment adviser and which operates
                                                    Accordingly, the Commission,                             April 25, 2017, and should be                         as an interval fund pursuant to rule
                                                  pursuant to Section 19(b)(2) of the Act,6                  accompanied by proof of service on the                23c–3 under the Act or provides
                                                  designates May 15, 2017, as the date by                    applicants, in the form of an affidavit,              periodic liquidity with respect to its
                                                  which the Commission shall either                          or, for lawyers, a certificate of service.            shares pursuant to rule 13e–4 under the
                                                  approve or disapprove or institute                         Pursuant to rule 0–5 under the Act,                   Securities Exchange Act of 1934
                                                  proceedings to determine whether to                        hearing requests should state the nature              (‘‘Exchange Act’’) (each, a ‘‘Future
                                                  disapprove the proposed rule change                        of the writer’s interest, any facts bearing           Fund’’ and together with the Fund, the
                                                  (File Number SR–BatsBZX–2017–07), as                       upon the desirability of a hearing on the             ‘‘Funds’’).2
                                                  modified by Amendment No. 1.                               matter, the reason for the request, and                  5. The Fund intends to make a
                                                    For the Commission, by the Division of                   the issues contested. Persons who wish                continuous public offering of its Class I
                                                  Trading and Markets, pursuant to delegated                 to be notified of a hearing may request               Shares following the effectiveness of its
                                                  authority.7                                                notification by writing to the                        registration statement (File Nos. 333–
                                                  Eduardo A. Aleman,                                         Commission’s Secretary.                               201801 and 811–23028) on September
                                                  Assistant Secretary.                                       ADDRESSES: Secretary, U.S. Securities                 15, 2015. Applicants state that
                                                  [FR Doc. 2017–06686 Filed 4–4–17; 8:45 am]                 and Exchange Commission, 100 F Street                 additional offerings by any Fund relying
                                                                                                             NE., Washington, DC 20549–1090;                       on the order may be on a private
                                                  BILLING CODE 8011–01–P
                                                                                                             Applicants: Winton Diversified                        placement or public offering basis.
                                                                                                             Opportunities Fund and Winton Capital                 Shares of the Funds will not be listed on
                                                  SECURITIES AND EXCHANGE                                    US LLC, c/o Michael Beattie, SEI                      any securities exchange, nor quoted on
                                                  COMMISSION                                                 Corporation, One Freedom Valley Drive,                any quotation medium. The Funds do
                                                                                                             Oaks, Pennsylvania 19456.                             not expect there to be a secondary
                                                  [Investment Company Act Release No.                                                                              trading market for their shares.
                                                  32585; File No. 812–14694]                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                      6. If the requested relief is granted, the
                                                                                                             Elizabeth G. Miller, Senior Counsel, at
                                                                                                                                                                   Fund intends to continuously offer at
                                                  Winton Diversified Opportunities Fund                      (202) 551–8707, or Holly Hunter-Ceci,
                                                                                                                                                                   least one additional class of shares
                                                  and Winton Capital US LLC                                  Acting Assistant Chief Counsel, at (202)
                                                                                                                                                                   (‘‘Class A Shares’’) and may also offer
                                                                                                             551–6825 (Division of Investment
                                                  March 30, 2017.                                                                                                  additional classes of shares in the
                                                                                                             Management, Chief Counsel’s Office).
                                                  AGENCY: Securities and Exchange                                                                                  future. Because of the different asset-
                                                                                                             SUPPLEMENTARY INFORMATION: The                        based service and/or distribution fees,
                                                  Commission (‘‘Commission’’).                               following is a summary of the
                                                  ACTION: Notice.                                                                                                  services and any other class expenses
                                                                                                             application. The complete application                 that may be attributable to a class of a
                                                     Notice of an application under section                  may be obtained via the Commission’s                  Fund’s shares, the net income
                                                  6(c) of the Investment Company Act of                      Web site by searching for the file                    attributable to, and the dividends
                                                  1940 (the ‘‘Act’’) for an exemption from                   number, or for an applicant using the                 payable on, each class of shares may
                                                  sections 18(a)(2), 18(c) and 18(i) of the                  Company name box, at http://                          differ from each other.
                                                  Act, under sections 6(c) and 23(c) of the                  www.sec.gov/search/search.htm or by                      7. Applicants state that, from time to
                                                  Act for an exemption from rule 23c–3                       calling (202) 551–8090.                               time, the Fund may create additional
                                                  under the Act, and for an order pursuant                   Applicants’ Representations                           classes of shares, the terms of which
                                                  to section 17(d) of the Act and rule 17d–                                                                        may differ from Class I Shares and Class
                                                                                                                1. The Fund is a Delaware statutory                A Shares in the following respects: (i)
                                                  1 under the Act.
                                                                                                             trust that is registered under the Act as             The amount of fees permitted by
                                                  SUMMARY OF APPLICATION: Applicants                         a diversified, closed-end management
                                                  request an order to permit certain                                                                               different distribution plans or different
                                                                                                             investment company. The Fund’s                        service fee arrangements; (ii) voting
                                                  registered closed-end management                           investment objective is to seek long-
                                                  investment companies to issue multiple                                                                           rights with respect to a distribution plan
                                                                                                             term capital appreciation through                     of a class; (iii) different class
                                                  classes of shares and to impose asset-                     compound growth.
                                                  based service and/or distribution fees,                                                                          designations; (iv) the impact of any class
                                                                                                                2. The Adviser is a Delaware limited
                                                  early withdrawal charges (‘‘EWCs’’) and                                                                          expenses directly attributable to a
                                                                                                             liability company and is registered as an
                                                  early repurchase fees (‘‘Early                                                                                   particular class of shares allocated on a
                                                                                                             investment adviser under the
                                                  Repurchase Fee’’).                                                                                               class basis as described in the
                                                                                                             Investment Advisers Act of 1940. The
                                                  APPLICANTS: Winton Diversified                                                                                   application; (v) any differences in
                                                                                                             Adviser serves as investment adviser to
                                                  Opportunities Fund (the ‘‘Fund’’) and                                                                            dividends and net asset value resulting
                                                                                                             the Fund.
                                                  Winton Capital US LLC (the ‘‘Adviser’’).                                                                         from differences in fees under a
                                                                                                                3. The applicants seek an order to
                                                                                                                                                                   distribution plan or in class expenses;
                                                  FILING DATES: The application was filed                    permit the Fund to issue multiple
                                                                                                                                                                   (vi) any EWC or other sales load
                                                  on August 18, 2016 and amended                             classes of shares, each having its own
                                                                                                                                                                   structure; (vii) any Early Repurchase
                                                  February 22, 2017.                                         fee and expense structure, and to
                                                                                                                                                                   Fees; and (viii) exchange or conversion
                                                  HEARING OR NOTIFICATION OF HEARING: An                     impose asset-based service and/or
                                                                                                                                                                   privileges of the classes as permitted
                                                  order granting the requested relief will                   distribution fees, EWCs and Early
                                                                                                                                                                   under the Act.
                                                  be issued unless the Commission orders                     Repurchase Fees.
                                                                                                                4. Applicants request that the order
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  a hearing. Interested persons may                                                                                  1 A successor in interest is limited to an entity
                                                  request a hearing by writing to the                        also apply to any continuously-offered                that results from a reorganization into another
                                                  Commission’s Secretary and serving                         registered closed-end management                      jurisdiction or a change in the type of business
                                                  applicants with a copy of the request,                     investment company that may be                        organization.
                                                                                                                                                                     2 Any Fund relying on this relief in the future will
                                                  personally or by mail.                                     organized in the future for which the
                                                                                                                                                                   do so in a manner consistent with the terms and
                                                                                                             Adviser or any entity controlling,                    conditions of the application. Applicants represent
                                                    6 Id.                                                    controlled by, or under common control                that each entity presently intending to rely on the
                                                    7 17    CFR 200.30–3(a)(31).                             with the Adviser, or any successor in                 requested relief is listed as an applicant.



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Document Created: 2018-02-01 14:47:29
Document Modified: 2018-02-01 14:47:29
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 Citation82 FR 16647 

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