82_FR_18138 82 FR 18067 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To Amend Commentary .01 and Commentary .02 to NYSE Arca Equities Rule 5.2(j)(3) To Provide for the Inclusion of Cash in an Index Underlying a Series of Investment Company Units

82 FR 18067 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To Amend Commentary .01 and Commentary .02 to NYSE Arca Equities Rule 5.2(j)(3) To Provide for the Inclusion of Cash in an Index Underlying a Series of Investment Company Units

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 71 (April 14, 2017)

Page Range18067-18070
FR Document2017-07528

Federal Register, Volume 82 Issue 71 (Friday, April 14, 2017)
[Federal Register Volume 82, Number 71 (Friday, April 14, 2017)]
[Notices]
[Pages 18067-18070]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07528]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80415; File No. SR-NYSEArca-2017-30]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
of Proposed Rule Change To Amend Commentary .01 and Commentary .02 to 
NYSE Arca Equities Rule 5.2(j)(3) To Provide for the Inclusion of Cash 
in an Index Underlying a Series of Investment Company Units

April 10, 2017.
    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 March 29, 2017, 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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[[Page 18068]]

I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to amend Commentary .01 and Commentary .02 to 
NYSE Arca Equities Rule 5.2(j)(3) to provide for the inclusion of cash 
in an index underlying a series of Investment Company Units. The 
proposed change is available on the Exchange's Web site at 
www.nyse.com, at the principal office of the Exchange, and at the 
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Commentary .01 and Commentary .02 to 
NYSE Arca Equities Rule 5.2(j)(3) to provide for the inclusion of cash 
in an index underlying a series of Investment Company Units 
(``Units'').\4\ NYSE Arca Equities Rule 5.2(j)(3) provides ``generic'' 
criteria permitting listing and trading of Units pursuant to Rule 19b-
4(e) under the Act \5\ when the underlying index or portfolio satisfies 
the criteria set forth in NYSE Arca Equities Rule 5.2(j)(3).
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    \4\ Investment Company Units are securities that represent 
interests in a unit investment trust, an open-end management 
investment company securities or a similar entity registered under 
the investment Company Act of 1940 (15 U.S.C. 80a-1). A series of 
Investment Company Units 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\ 17 CFR 240.19b-4(e).
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    The Exchange understands that certain index providers have 
included, or intend to include, cash as a component in indexes that 
also include equity or fixed income securities components. An index 
provider may, for example, provide a certain index weighting allocation 
to cash or may periodically change an allocation to cash based on the 
index provider's assessment of market risk associated with other asset 
classes in the applicable index.\6\
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    \6\ The Exchange notes that shares of the following exchange-
traded funds based on indexes that include cash as a component are 
currently listed and traded on the BATS BZX Exchange, Inc.: QuantX 
Risk Managed Growth ETF; QuantX Risk Managed Multi-Asset Income ETF; 
QuantX Risk Managed Multi-Asset Total Return ETF; and QuantX Risk 
Managed Real Return ETF.
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    Accordingly, the Exchange proposes to amend Commentaries .01 and 
.02 to permit listing and trading of Units based on an index or 
portfolio that includes cash as a component. While Units, like mutual 
funds, will generally hold an amount of cash, NYSE Arca Equities Rule 
5.2(j)(3) currently provides that components of an index or portfolio 
underlying a series of Units consist of securities--namely, U.S. 
Component Stocks, Non-U.S. Component Stocks, Fixed Income Securities or 
a combination thereof. As described below, the proposed amendments to 
Commentary .01 and Commentary .02 to Rule 5.2(j)(3)would permit 
inclusion of cash as an index or portfolio component.
    Currently, Commentary .01(a)(A) provides that an underlying index 
or portfolio of U.S. Component Stocks \7\ must meet specified criteria. 
The Exchange proposes to amend Commentary .01(a)(A) to provide that the 
components of an index or portfolio underlying a series of Units may 
also include cash. In addition, the percentage weighting criteria in 
Commentary .01(a)(A)(1) through (4) each would be amended to make clear 
that such criteria would be applied only to the U.S. Component Stocks 
portion of an index or portfolio. For example, in applying the criteria 
in proposed Commentary .01(a)(A)(1),\8\ if 85% of the weight of an 
index consists of U.S. Component Stocks and 15% of the index weight is 
cash, the requirement that component stocks accounting for 90% of the 
weight of the index or portfolio have a minimum market value of $75 
million minimum would be applied only to the 85% portion consisting of 
U.S. Component Stocks.
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    \7\ Rule 5.2(j)(3) defines ``U.S. Component Stock'' as an equity 
security that is registered under Sections 12(b) or 12(g) of the Act 
or an American Depositary Receipt, the underlying equity security of 
which is registered under Sections 12(b) or 12(g) of the Act.
    \8\ Proposed Commentary .01(a)(A)(1) would provide that 
component stocks (excluding Units and Derivative Securities 
Products) that in the aggregate account for at least 90% of the 
weight of the U.S. Component Stocks portion of the index or 
portfolio (excluding such Derivative Securities Products) each shall 
have a minimum market value of at least $75 million.
---------------------------------------------------------------------------

    Commentary .01(a)(B), which relates to international or global 
indexes or portfolios, would be amended to provide that components of 
an index or portfolio underlying a series of Units may consist of (a) 
only Non-U.S. Component Stocks, (b) Non-U.S. Component Stocks and cash, 
(c) both U.S. Component Stocks and Non-U.S. Component Stocks, or (d) 
U.S. Component Stocks, Non-U.S. Component Stocks and cash. In addition, 
the percentage weighting criteria in Commentary .01(a)(B)(1) through 
(4) each would be amended to make clear that such criteria would be 
applied only to the combined U.S. and Non-U.S. Component Stocks 
portions of an index or portfolio.
    Commentary .02 to NYSE Arca Equities Rule 5.2(j)(3) provides 
generic criteria applicable to listing and trading of Units whose 
underlying index or portfolio includes Fixed Income Securities.\9\ 
Currently, Commentary .02(a)(1) provides that an underlying index or 
portfolio must consist of Fixed Income Securities. The Exchange 
proposes to amend Commentary .02(a)(1) to provide that the index or 
portfolio may also include cash. In addition, the percentage weighting 
criteria in Commentary .02(a)(2), (a)(4) and (a)(6) each would be 
amended to make clear that such criteria would be applied only to the 
Fixed Income Securities portion of an index or portfolio. For example, 
in applying the criteria in proposed Commentary .01(a)(2),\10\ if 90% 
of the weight of an index or portfolio consists of Fixed Income 
Securities and 10% of the index weight is cash, the requirement that 
Fixed Income Securities accounting for at least 75% of the weight of 
the index or portfolio have a minimum original principal amount 
outstanding of $100 million would be applied only to the 90% portion 
consisting of Fixed Income Securities.
---------------------------------------------------------------------------

    \9\ As defined in Commentary .02 to NYSE Arca Equities Rule 
5.2(j)(3), Fixed Income Securities are debt securities that are 
notes, bonds, debentures or evidence of indebtedness that include, 
but are not limited to, U.S. Department of Treasury securities 
(``Treasury Securities''), government-sponsored entity securities 
(``GSE Securities''), municipal securities, trust preferred 
securities, supranational debt and debt of a foreign country or a 
subdivision thereof.
    \10\ Proposed Commentary .01(a)(2) would provide that Fixed 
Income Security components that in aggregate account for at least 
75% of the Fixed Income Securities portion of the weight of the 
index or portfolio each shall have a minimum original principal 
amount outstanding of $100 million or more.
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    The Exchange notes that the Commission has previously approved 
Exchange rules allowing portfolios held by issues of Managed Fund 
Shares

[[Page 18069]]

(actively-managed exchange-traded funds) under Commentary .01 to NYSE 
Arca Equities Rule 8.600 to include cash.\11\ Like the provision in 
Commentary .01(c) to Rule 8.600, which states that there is no limit to 
cash holdings by an issue of Managed Fund Shares listed under 
Commentary .01 to Rule 8.600, there is no proposed limit to the 
weighting of cash in an index underlying a series of Units. The 
Exchange believes this is appropriate in that cash does not, in itself, 
impose investment or market risk.
---------------------------------------------------------------------------

    \11\ See Commentary .01(c) to NYSE Arca Equities Rule 8.600.
---------------------------------------------------------------------------

    The Exchange believes the proposed amendments, by permitting 
inclusion of cash as a component of indexes underlying series of Units, 
would provide issuers of Units with additional choice in indexes 
permitted to underlie Units that are permitted to list and trade on the 
Exchange pursuant to the Rule 19b-4(e), which would enhance competition 
among market participants, to the benefit of investors and the 
marketplace. In addition, the proposed amendments would provide 
investors with greater ability to hold Units based on underlying 
indexes that may accord more closely with an investor's assessment of 
market risk, in that some investors may view cash as a desirable 
component of an underlying index under certain market conditions.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\12\ in general, and furthers the 
objectives of Sections 6(b)(5) of the Act,\13\ in particular, because 
it is designed to prevent fraudulent and manipulative acts and 
practices, to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, to remove impediments to, and 
perfect the mechanisms of, a free and open market and a national market 
system and, in general, to protect investors and the public interest 
and because it is not designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange has in place surveillance procedures that are adequate 
to properly monitor trading in Units in all trading sessions and to 
deter and detect violations of Exchange rules and applicable federal 
securities laws.
    The Exchange notes that, as described above, the percentage 
weighting criteria in Commentary .01(a)(B)(1) through (4) to Rule 
5.2(j)(3) each would be amended to make clear that such criteria would 
be applied only to the combined U.S. and Non-U.S. Component Stocks 
portions of an index or portfolio. The percentage weighting criteria in 
Commentary .02(a)(2), (a)(4) and (a)(6) to Rule 5.2(j)(3) each would be 
amended to make clear that such criteria would be applied only to the 
Fixed Income Securities portion of an index or portfolio. Such 
applications of the proposed amendments would assure that the weighting 
requirements in Commentary .01 and Commentary .02 would continue to be 
applied only to securities in an index or portfolio, and would not be 
diluted as a result of inclusion of a cash component. In addition, the 
addition of cash as a permitted component of indexes underlying Units 
listed and traded on the Exchange pursuant to Rule 19b-4(e) does not 
raise regulatory issues because cash does not, in itself, impose 
investment or market risk and is not susceptible to manipulation.
    The Exchange believes the proposed amendments, by permitting 
inclusion of cash as a component of indexes underlying series of Units, 
would provide issuers of Units with additional choice in indexes 
permitted to underlie Units that are permitted to list and trade on the 
Exchange pursuant to the Rule 19b-4(e), which would enhance competition 
among market participants, to the benefit of investors and the 
marketplace. In addition, the proposed amendments would provide 
investors with greater ability to hold Units based on underlying 
indexes that may accord more closely with an investor's assessment of 
market risk.

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\14\ the Exchange 
believes that the proposed rule change would not impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. The proposed rule change would permit Exchange 
listing and trading under Rule 19b-4(e) of Units based on indexes that 
include cash as a component, which would enhance competition among 
market participants, to the benefit of investors and the marketplace.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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 within such longer 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-2017-30 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2017-30. 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

[[Page 18070]]

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 such 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-2017-30, and should 
be submitted on or before May 5, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-07528 Filed 4-13-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices                                                18067

                                                mechanism of a free and open market                     C. Self-Regulatory Organization’s                     public in accordance with the
                                                and a national market system and, in                    Statement on Comments on the                          provisions of 5 U.S.C. 552, will be
                                                general, protect investors and the public               Proposed Rule Change Received From                    available for Web site viewing and
                                                interest because the changes would                      Members, Participants, or Others                      printing in the Commission’s Public
                                                eliminate obsolete references, thereby                    No written comments were solicited                  Reference Room, 100 F Street NE.,
                                                reducing potential confusion. Market                    or received with respect to the proposed              Washington, DC 20549 on official
                                                participants and investors would not be                 rule change.                                          business days between the hours of
                                                harmed and in fact could benefit from                                                                         10:00 a.m. and 3:00 p.m. Copies of the
                                                the increased clarity and transparency                  III. Date of Effectiveness of the                     filing also will be available for
                                                in the ICE Certificate and ICE Bylaws.                  Proposed Rule Change and Timing for
                                                                                                                                                              inspection and copying at the principal
                                                                                                        Commission Action
                                                Such increased clarity and transparency                                                                       office of the Exchange. All comments
                                                would ensure that persons subject to the                  Within 45 days of the date of                       received will be posted without change;
                                                Exchange’s jurisdiction, regulators, and                publication of this notice in the Federal             the Commission does not edit personal
                                                the investing public can more easily                    Register or up to 90 days (i) as the                  identifying information from
                                                navigate and understand the ICE                         Commission may designate if it finds                  submissions. You should submit only
                                                governing documents.                                    such longer period to be appropriate                  information that you wish to make
                                                                                                        and publishes its reasons for so finding              available publicly. All submissions
                                                   The Exchange believes that the                       or (ii) as to which the self-regulatory
                                                proposed amendments to Article II of                                                                          should refer to File Number SR–
                                                                                                        organization consents, the Commission                 NYSENAT–2017–01 and should be
                                                the ICE Bylaws, regarding meetings of                   will:
                                                stockholders, would also remove                                                                               submitted on or before May 5, 2017.
                                                                                                          (A) By order approve or disapprove
                                                impediments to, and perfect the                         the proposed rule change, or                            For the Commission, by the Division of
                                                mechanism of a free and open market                       (B) institute proceedings to determine              Trading and Markets, pursuant to delegated
                                                and a national market system and, in                    whether the proposed rule change                      authority.36
                                                general, protect investors and the public               should be disapproved.                                Eduardo A. Aleman,
                                                interest because the changes would                                                                            Assistant Secretary.
                                                                                                        IV. Solicitation of Comments
                                                increase the clarity of the relevant                                                                          [FR Doc. 2017–07530 Filed 4–13–17; 8:45 am]
                                                sections of Article II, thereby reducing                   Interested persons are invited to
                                                                                                                                                              BILLING CODE 8011–01–P
                                                potential confusion. Market participants                submit written data, views, and
                                                and investors would not be harmed and                   arguments concerning the foregoing,
                                                in fact could benefit from the increased                including whether the proposed rule                   SECURITIES AND EXCHANGE
                                                clarity and transparency regarding the                  change, as modified by Amendment No.
                                                                                                                                                              COMMISSION
                                                location of stockholder meetings and                    1, is consistent with the Act. Comments
                                                advance notice requirements, and the                    may be submitted by any of the
                                                                                                        following methods:                                    [Release No. 34–80415; File No. SR–
                                                conformance of the quorum                                                                                     NYSEArca–2017–30]
                                                requirements with those in the ICE                      Electronic Comments
                                                Certificate, and so would more easily                     • Use the Commission’s Internet                     Self-Regulatory Organizations; NYSE
                                                navigate and understand the ICE                         comment form (http://www.sec.gov/                     Arca, Inc.; Notice of Filing of Proposed
                                                Bylaws.                                                 rules/sro.shtml); or                                  Rule Change To Amend Commentary
                                                B. Self-Regulatory Organization’s                         • Send an email to rule-comments@                   .01 and Commentary .02 to NYSE Arca
                                                Statement on Burden on Competition                      sec.gov. Please include File Number SR–               Equities Rule 5.2(j)(3) To Provide for
                                                                                                        NYSENAT–2017–01 on the subject line.                  the Inclusion of Cash in an Index
                                                   The Exchange does not believe that                                                                         Underlying a Series of Investment
                                                                                                        Paper Comments                                        Company Units
                                                the proposed rule change will impose
                                                any burden on competition that is not                      • Send paper comments in triplicate
                                                                                                        to Secretary, Securities and Exchange                 April 10, 2017.
                                                necessary or appropriate in furtherance
                                                of the purposes of the Exchange Act.                    Commission, 100 F Street NE.,                            Pursuant to Section 19(b)(1) 1 of the
                                                The proposed rule change is not                         Washington, DC 20549–1090.                            Securities Exchange Act of 1934 (the
                                                designed to address any competitive                     All submissions should refer to File                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                issue but rather update and streamline                  Number SR–NYSENAT–2017–01. This                       notice is hereby given that, on March
                                                the ICE Certificate and Bylaws, delete                  file number should be included on the                 29, 2017, NYSE Arca, Inc. (the
                                                obsolete or unnecessary references and                  subject line if email is used. To help the            ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
                                                make other simplifying or clarifying                    Commission process and review your                    the Securities and Exchange
                                                changes to the ICE governing                            comments more efficiently, please use                 Commission (the ‘‘Commission’’) the
                                                documents. The Exchange believes that                   only one method. The Commission will                  proposed rule change as described in
                                                the proposed rule change will serve to                  post all comments on the Commission’s                 Items I and II below, which Items have
                                                                                                        Internet Web site (http://www.sec.gov/                been prepared by the self-regulatory
                                                promote clarity and consistency,
                                                                                                        rules/sro.shtml). Copies of the                       organization. The Commission is
                                                thereby reducing burdens on the
                                                                                                        submission, all subsequent                            publishing this notice to solicit
                                                marketplace and facilitating investor
                                                                                                        amendments, all written statements
sradovich on DSK3GMQ082PROD with NOTICES




                                                protection. The proposed rule change                                                                          comments on the proposed rule change
                                                                                                        with respect to the proposed rule
                                                would result in no concentration or                                                                           from interested persons.
                                                                                                        change that are filed with the
                                                other changes of ownership of                           Commission, and all written
                                                exchanges.                                              communications relating to the                          36 17 CFR 200.30–3(a)(12).
                                                                                                        proposed rule change between the                        1 15 U.S.C. 78s(b)(1).
                                                                                                        Commission and any person, other than                   2 15 U.S.C. 78a.

                                                                                                        those that may be withheld from the                     3 17 CFR 240.19b–4.




                                           VerDate Sep<11>2014   16:21 Apr 13, 2017   Jkt 241001   PO 00000   Frm 00101   Fmt 4703   Sfmt 4703   E:\FR\FM\14APN1.SGM    14APN1


                                                18068                            Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices

                                                I. Self-Regulatory Organization’s                       cash based on the index provider’s                        Commentary .01(a)(B), which relates
                                                Statement of the Terms of the Substance                 assessment of market risk associated                   to international or global indexes or
                                                of the Proposed Rule Change                             with other asset classes in the                        portfolios, would be amended to
                                                   The Exchange proposes to amend                       applicable index.6                                     provide that components of an index or
                                                Commentary .01 and Commentary .02 to                      Accordingly, the Exchange proposes                   portfolio underlying a series of Units
                                                NYSE Arca Equities Rule 5.2(j)(3) to                    to amend Commentaries .01 and .02 to                   may consist of (a) only Non-U.S.
                                                provide for the inclusion of cash in an                 permit listing and trading of Units based              Component Stocks, (b) Non-U.S.
                                                index underlying a series of Investment                 on an index or portfolio that includes                 Component Stocks and cash, (c) both
                                                Company Units. The proposed change is                   cash as a component. While Units, like                 U.S. Component Stocks and Non-U.S.
                                                available on the Exchange’s Web site at                 mutual funds, will generally hold an                   Component Stocks, or (d) U.S.
                                                www.nyse.com, at the principal office of                amount of cash, NYSE Arca Equities                     Component Stocks, Non-U.S.
                                                the Exchange, and at the Commission’s                   Rule 5.2(j)(3) currently provides that                 Component Stocks and cash. In
                                                Public Reference Room.                                  components of an index or portfolio                    addition, the percentage weighting
                                                                                                        underlying a series of Units consist of                criteria in Commentary .01(a)(B)(1)
                                                II. Self-Regulatory Organization’s                      securities—namely, U.S. Component                      through (4) each would be amended to
                                                Statement of the Purpose of, and                        Stocks, Non-U.S. Component Stocks,                     make clear that such criteria would be
                                                Statutory Basis for, the Proposed Rule                  Fixed Income Securities or a                           applied only to the combined U.S. and
                                                Change                                                  combination thereof. As described                      Non-U.S. Component Stocks portions of
                                                   In its filing with the Commission, the               below, the proposed amendments to                      an index or portfolio.
                                                self-regulatory organization included                   Commentary .01 and Commentary .02 to                      Commentary .02 to NYSE Arca
                                                statements concerning the purpose of,                   Rule 5.2(j)(3)would permit inclusion of                Equities Rule 5.2(j)(3) provides generic
                                                and basis for, the proposed rule change                 cash as an index or portfolio                          criteria applicable to listing and trading
                                                and discussed any comments it received                  component.                                             of Units whose underlying index or
                                                on the proposed rule change. The text                     Currently, Commentary .01(a)(A)                      portfolio includes Fixed Income
                                                of those statements may be examined at                  provides that an underlying index or                   Securities.9 Currently, Commentary
                                                the places specified in Item IV below.                  portfolio of U.S. Component Stocks 7                   .02(a)(1) provides that an underlying
                                                The Exchange has prepared summaries,                    must meet specified criteria. The                      index or portfolio must consist of Fixed
                                                set forth in sections A, B, and C below,                Exchange proposes to amend                             Income Securities. The Exchange
                                                of the most significant parts of such                   Commentary .01(a)(A) to provide that                   proposes to amend Commentary
                                                statements.                                                                                                    .02(a)(1) to provide that the index or
                                                                                                        the components of an index or portfolio
                                                                                                                                                               portfolio may also include cash. In
                                                A. Self-Regulatory Organization’s                       underlying a series of Units may also
                                                                                                                                                               addition, the percentage weighting
                                                Statement of the Purpose of, and the                    include cash. In addition, the
                                                                                                                                                               criteria in Commentary .02(a)(2), (a)(4)
                                                Statutory Basis for, the Proposed Rule                  percentage weighting criteria in
                                                                                                                                                               and (a)(6) each would be amended to
                                                Change                                                  Commentary .01(a)(A)(1) through (4)
                                                                                                                                                               make clear that such criteria would be
                                                                                                        each would be amended to make clear
                                                1. Purpose                                                                                                     applied only to the Fixed Income
                                                                                                        that such criteria would be applied only
                                                                                                                                                               Securities portion of an index or
                                                   The Exchange proposes to amend                       to the U.S. Component Stocks portion of
                                                                                                                                                               portfolio. For example, in applying the
                                                Commentary .01 and Commentary .02 to                    an index or portfolio. For example, in
                                                                                                                                                               criteria in proposed Commentary
                                                NYSE Arca Equities Rule 5.2(j)(3) to                    applying the criteria in proposed                      .01(a)(2),10 if 90% of the weight of an
                                                provide for the inclusion of cash in an                 Commentary .01(a)(A)(1),8 if 85% of the                index or portfolio consists of Fixed
                                                index underlying a series of Investment                 weight of an index consists of U.S.                    Income Securities and 10% of the index
                                                Company Units (‘‘Units’’).4 NYSE Arca                   Component Stocks and 15% of the                        weight is cash, the requirement that
                                                Equities Rule 5.2(j)(3) provides                        index weight is cash, the requirement                  Fixed Income Securities accounting for
                                                ‘‘generic’’ criteria permitting listing and             that component stocks accounting for                   at least 75% of the weight of the index
                                                trading of Units pursuant to Rule 19b–                  90% of the weight of the index or                      or portfolio have a minimum original
                                                4(e) under the Act 5 when the                           portfolio have a minimum market value                  principal amount outstanding of $100
                                                underlying index or portfolio satisfies                 of $75 million minimum would be                        million would be applied only to the
                                                the criteria set forth in NYSE Arca                     applied only to the 85% portion                        90% portion consisting of Fixed Income
                                                Equities Rule 5.2(j)(3).                                consisting of U.S. Component Stocks.                   Securities.
                                                   The Exchange understands that                                                                                  The Exchange notes that the
                                                certain index providers have included,                    6 The Exchange notes that shares of the following
                                                                                                                                                               Commission has previously approved
                                                or intend to include, cash as a                         exchange-traded funds based on indexes that
                                                                                                        include cash as a component are currently listed
                                                                                                                                                               Exchange rules allowing portfolios held
                                                component in indexes that also include                  and traded on the BATS BZX Exchange, Inc.:             by issues of Managed Fund Shares
                                                equity or fixed income securities                       QuantX Risk Managed Growth ETF; QuantX Risk
                                                components. An index provider may,                      Managed Multi-Asset Income ETF; QuantX Risk               9 As defined in Commentary .02 to NYSE Arca

                                                for example, provide a certain index                    Managed Multi-Asset Total Return ETF; and              Equities Rule 5.2(j)(3), Fixed Income Securities are
                                                                                                        QuantX Risk Managed Real Return ETF.                   debt securities that are notes, bonds, debentures or
                                                weighting allocation to cash or may                       7 Rule 5.2(j)(3) defines ‘‘U.S. Component Stock’’    evidence of indebtedness that include, but are not
                                                periodically change an allocation to                    as an equity security that is registered under         limited to, U.S. Department of Treasury securities
                                                                                                        Sections 12(b) or 12(g) of the Act or an American      (‘‘Treasury Securities’’), government-sponsored
                                                  4 Investment Company Units are securities that        Depositary Receipt, the underlying equity security     entity securities (‘‘GSE Securities’’), municipal
                                                represent interests in a unit investment trust, an      of which is registered under Sections 12(b) or 12(g)   securities, trust preferred securities, supranational
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                                                open-end management investment company                  of the Act.                                            debt and debt of a foreign country or a subdivision
                                                securities or a similar entity registered under the       8 Proposed Commentary .01(a)(A)(1) would             thereof.
                                                investment Company Act of 1940 (15 U.S.C. 80a–          provide that component stocks (excluding Units            10 Proposed Commentary .01(a)(2) would provide
                                                1). A series of Investment Company Units seeks to       and Derivative Securities Products) that in the        that Fixed Income Security components that in
                                                provide investment results that correspond              aggregate account for at least 90% of the weight of    aggregate account for at least 75% of the Fixed
                                                generally to the price and yield performance of a       the U.S. Component Stocks portion of the index or      Income Securities portion of the weight of the index
                                                specific foreign or domestic stock index, fixed         portfolio (excluding such Derivative Securities        or portfolio each shall have a minimum original
                                                income securities index or combination thereof.         Products) each shall have a minimum market value       principal amount outstanding of $100 million or
                                                  5 17 CFR 240.19b–4(e).                                of at least $75 million.                               more.



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                                                                                 Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices                                           18069

                                                (actively-managed exchange-traded                         The Exchange notes that, as described                C. Self-Regulatory Organization’s
                                                funds) under Commentary .01 to NYSE                     above, the percentage weighting criteria               Statement on Comments on the
                                                Arca Equities Rule 8.600 to include                     in Commentary .01(a)(B)(1) through (4)                 Proposed Rule Change Received From
                                                cash.11 Like the provision in                           to Rule 5.2(j)(3) each would be amended                Members, Participants, or Others
                                                Commentary .01(c) to Rule 8.600, which                  to make clear that such criteria would                   No written comments were solicited
                                                states that there is no limit to cash                   be applied only to the combined U.S.                   or received with respect to the proposed
                                                holdings by an issue of Managed Fund                    and Non-U.S. Component Stocks                          rule change.
                                                Shares listed under Commentary .01 to                   portions of an index or portfolio. The
                                                Rule 8.600, there is no proposed limit to               percentage weighting criteria in                       III. Date of Effectiveness of the
                                                the weighting of cash in an index                                                                              Proposed Rule Change and Timing for
                                                                                                        Commentary .02(a)(2), (a)(4) and (a)(6)
                                                underlying a series of Units. The                                                                              Commission Action
                                                                                                        to Rule 5.2(j)(3) each would be amended
                                                Exchange believes this is appropriate in                to make clear that such criteria would                   Within 45 days of the date of
                                                that cash does not, in itself, impose                                                                          publication of this notice in the Federal
                                                                                                        be applied only to the Fixed Income
                                                investment or market risk.                                                                                     Register or within such longer period
                                                                                                        Securities portion of an index or
                                                  The Exchange believes the proposed                    portfolio. Such applications of the                    up to 90 days (i) as the Commission may
                                                amendments, by permitting inclusion of                  proposed amendments would assure                       designate if it finds such longer period
                                                cash as a component of indexes                          that the weighting requirements in                     to be appropriate and publishes its
                                                underlying series of Units, would                                                                              reasons for so finding or (ii) as to which
                                                                                                        Commentary .01 and Commentary .02
                                                provide issuers of Units with additional                                                                       the self-regulatory organization
                                                                                                        would continue to be applied only to
                                                choice in indexes permitted to underlie                                                                        consents, the Commission will: (a) By
                                                Units that are permitted to list and trade              securities in an index or portfolio, and
                                                                                                                                                               order approve or disapprove such
                                                on the Exchange pursuant to the Rule                    would not be diluted as a result of
                                                                                                                                                               proposed rule change; or (b) institute
                                                19b–4(e), which would enhance                           inclusion of a cash component. In
                                                                                                                                                               proceedings to determine whether the
                                                competition among market participants,                  addition, the addition of cash as a                    proposed rule change should be
                                                to the benefit of investors and the                     permitted component of indexes                         disapproved.
                                                marketplace. In addition, the proposed                  underlying Units listed and traded on
                                                amendments would provide investors                      the Exchange pursuant to Rule 19b–4(e)                 IV. Solicitation of Comments
                                                with greater ability to hold Units based                does not raise regulatory issues because                 Interested persons are invited to
                                                on underlying indexes that may accord                   cash does not, in itself, impose                       submit written data, views, and
                                                more closely with an investor’s                         investment or market risk and is not                   arguments concerning the foregoing,
                                                assessment of market risk, in that some                 susceptible to manipulation.                           including whether the proposed rule
                                                investors may view cash as a desirable                    The Exchange believes the proposed                   change is consistent with the Act.
                                                component of an underlying index                        amendments, by permitting inclusion of                 Comments may be submitted by any of
                                                under certain market conditions.                        cash as a component of indexes                         the following methods:
                                                2. Statutory Basis                                      underlying series of Units, would                      Electronic Comments
                                                                                                        provide issuers of Units with additional
                                                   The Exchange believes that the                                                                                • Use the Commission’s Internet
                                                                                                        choice in indexes permitted to underlie                comment form (http://www.sec.gov/
                                                proposed rule change is consistent with                 Units that are permitted to list and trade
                                                Section 6(b) of the Act,12 in general, and                                                                     rules/sro.shtml); or
                                                                                                        on the Exchange pursuant to the Rule                     • Send an email to rule-comments@
                                                furthers the objectives of Sections
                                                                                                        19b–4(e), which would enhance                          sec.gov. Please include File Number SR–
                                                6(b)(5) of the Act,13 in particular,
                                                because it is designed to prevent                       competition among market participants,                 NYSEArca–2017–30 on the subject line.
                                                fraudulent and manipulative acts and                    to the benefit of investors and the
                                                                                                        marketplace. In addition, the proposed                 Paper Comments
                                                practices, to promote just and equitable
                                                principles of trade, to foster cooperation              amendments would provide investors                        • Send paper comments in triplicate
                                                and coordination with persons engaged                   with greater ability to hold Units based               to Secretary, Securities and Exchange
                                                in regulating, clearing, settling,                      on underlying indexes that may accord                  Commission, 100 F Street NE.,
                                                processing information with respect to,                 more closely with an investor’s                        Washington, DC 20549–1090.
                                                and facilitating transactions in                        assessment of market risk.                             All submissions should refer to File
                                                securities, to remove impediments to,                                                                          Number SR–NYSEArca–2017–30. This
                                                                                                        B. Self-Regulatory Organization’s
                                                and perfect the mechanisms of, a free                                                                          file number should be included on the
                                                                                                        Statement on Burden on Competition                     subject line if email is used. To help the
                                                and open market and a national market
                                                system and, in general, to protect                        In accordance with Section 6(b)(8) of                Commission process and review your
                                                investors and the public interest and                   the Act,14 the Exchange believes that the              comments more efficiently, please use
                                                because it is not designed to permit                    proposed rule change would not impose                  only one method. The Commission will
                                                unfair discrimination between                           any burden on competition that is not                  post all comments on the Commission’s
                                                customers, issuers, brokers, or dealers.                necessary or appropriate in furtherance                Internet Web site (http://www.sec.gov/
                                                   The Exchange has in place                                                                                   rules/sro.shtml). Copies of the
                                                                                                        of the purposes of the Act. The
                                                surveillance procedures that are                                                                               submission, all subsequent
                                                                                                        proposed rule change would permit
                                                adequate to properly monitor trading in                                                                        amendments, all written statements
                                                                                                        Exchange listing and trading under Rule
                                                                                                                                                               with respect to the proposed rule
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                                                Units in all trading sessions and to deter              19b–4(e) of Units based on indexes that
                                                and detect violations of Exchange rules                                                                        change that are filed with the
                                                                                                        include cash as a component, which                     Commission, and all written
                                                and applicable federal securities laws.                 would enhance competition among                        communications relating to the
                                                                                                        market participants, to the benefit of                 proposed rule change between the
                                                  11 See Commentary .01(c) to NYSE Arca Equities

                                                Rule 8.600.
                                                                                                        investors and the marketplace.                         Commission and any person, other than
                                                  12 15 U.S.C. 78f(b).                                                                                         those that may be withheld from the
                                                  13 15 U.S.C. 78f(b)(5).                                 14 15   U.S.C. 78f(b)(8).                            public in accordance with the


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                                                18070                              Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices

                                                provisions of 5 U.S.C. 552, will be                       a draft legislative guide on a simplified             ecosystems’’ and for the ‘‘IPCC Special
                                                available for Web site viewing and                        business entity (UN Doc. A/CN.9/WG.I/                 Report on the Ocean and Cryosphere in
                                                printing in the Commission’s Public                       WP.99 and Add.1) (from May 8–9). The                  a Changing Climate’’ were adopted at
                                                Reference Room, 100 F Street NE.,                         Working Group will also consider future               the 45th session of the IPCC Plenary.
                                                Washington, DC 20549 on official                          work. At its first session, the Working                 Nominations may be submitted at
                                                business days between the hours of                        Group ‘‘acknowledged and welcomed                     https://contribute.globalchange.gov/;
                                                10:00 a.m. and 3:00 p.m. Copies of such                   the Commission’s mandate relative to                  additional information can be found at
                                                filing also will be available for                         the establishment of an enabling legal                http://www.globalchange.gov/notices.
                                                inspection and copying at the principal                   environment to facilitate the life cycle of           This is an Open Call. All registered
                                                office of the Exchange. All comments                      MSMEs, beginning with the                             users can nominate U.S. citizens and
                                                received will be posted without change;                   implementation of simplified rules of                 permanent lawful residents to be
                                                the Commission does not edit personal                     registration, incorporation and                       considered by the IPCC Science Steering
                                                identifying information from                              operation of such enterprises, in                     Committee (SSC). The call for
                                                submissions. You should submit only                       addition to other topics such as                      nominations will close on May 15th,
                                                information that you wish to make                         financial inclusion, including mobile                 2017, and a nominations package will
                                                available publicly. All submissions                       payments, access to credit, alternative               be transmitted on behalf of the U.S.
                                                should refer to File Number SR–                           dispute resolution and simplified                     IPCC Focal Point on May 17th. The SSC
                                                NYSEArca–2017–30, and should be                           insolvency rules.’’ (UN Doc. A/CN.9/                  will complete its work and issue
                                                submitted on or before May 5, 2017.                       800, para 66). The draft texts, along with            appointment memos in late July 2017.
                                                  For the Commission, by the Division of                  the reports of earlier sessions of the                  The United Nations Environment
                                                Trading and Markets, pursuant to delegated                Working Group will be available at                    Programme (UNEP) and the World
                                                authority.15                                              http://www.uncitral.org/uncitral/en/                  Meteorological Organization (WMO)
                                                Eduardo A. Aleman,                                        commission/working_groups/                            established the IPCC in 1988. In
                                                Assistant Secretary.                                      1MSME.html.                                           accordance with its mandate and as
                                                [FR Doc. 2017–07528 Filed 4–13–17; 8:45 am]
                                                                                                             Time and Place: The meeting of the                 reaffirmed in various decisions by the
                                                                                                          ACPIL UNCITRAL MSME Study Group                       Panel, the major activity of the IPCC is
                                                BILLING CODE 8011–01–P
                                                                                                          will take place on Friday April 28, from              to prepare comprehensive and up-to-
                                                                                                          10 a.m. to 12:00 p.m. EDT via                         date assessments of policy-relevant
                                                                                                          teleconference.                                       scientific, technical, and socio-
                                                DEPARTMENT OF STATE                                          Public Participation: Those planning               economic information for understanding
                                                [Public Notice: 9961]                                     to participate should email pil@state.gov             the scientific basis of climate change,
                                                                                                          to obtain the call-in number.                         potential impacts, and options for
                                                U.S. Department of State Advisory                                                                               mitigation and adaptation.
                                                Committee on Private International                        Michael J. Dennis,
                                                Law (ACPIL): Public Meeting on                            Attorney-Adviser, Office of Private                   Christopher Allison,
                                                Micro-, Small-, and Medium Sized                          International Law, Office of the Legal Adviser,       Director, Acting, Office of Global Change,
                                                                                                          Department of State.                                  Bureau of Oceans and International
                                                Enterprises
                                                                                                          [FR Doc. 2017–07564 Filed 4–13–17; 8:45 am]           Environmental and Scientific Affairs,
                                                  The Office of the Assistant Legal                       BILLING CODE 4710–08–P                                Department of State.
                                                Adviser for Private International Law,                                                                          [FR Doc. 2017–07596 Filed 4–13–17; 8:45 am]
                                                Department of State, hereby gives notice                                                                        BILLING CODE 4710–09–P
                                                that the Micro-, Small-, and Medium                       DEPARTMENT OF STATE
                                                sized enterprises (MSMEs) study group
                                                                                                          [Public Notice: 9924]
                                                of the Advisory Committee on Private                                                                            TENNESSEE VALLEY AUTHORITY
                                                International Law (ACPIL) will hold a                     Nominations for Coordinating Lead
                                                public meeting via teleconference. The                    Authors, Lead Authors, or Review                      Meeting of the Regional Energy
                                                ACPIL UNCITRAL MSME Study Group                           Editors on the Second and Third                       Resource Council
                                                will hold the teleconference meeting to                   Special Reports to be Undertaken by
                                                discuss the next session of the                                                                                 AGENCY: Tennessee Valley Authority
                                                                                                          the Intergovernmental Panel on
                                                UNCITRAL Working Group I–MSME                                                                                   (TVA).
                                                                                                          Climate Change During the Sixth
                                                scheduled for May 1–9 in New York.                        Assessment Report (AR6) Cycle                         ACTION: Notice of meeting.
                                                This is not a meeting of the full
                                                Advisory Committee.                                          The United States Department of                    SUMMARY:   The TVA Regional Energy
                                                  UNCITRAL has established a working                      State, in cooperation with the United                 Resource Council (RERC) will hold a
                                                group aimed at reducing the legal                         States Global Change Research Program,                meeting on Tuesday, May 2 and
                                                obstacles faced by MSMEs throughout                       seeks nominations for U.S. scientists                 Wednesday, May 3, 2017, regarding
                                                their life cycle, and in particular those                 with requisite expertise to serve as                  regional energy related issues in the
                                                in developing countries. UNCITRAL                         Coordinating Lead Authors, Lead                       Tennessee Valley.
                                                further directed that the work should                     Authors, or Review Editors on the                       The RERC was established to advise
                                                start with a focus on the legal issues                    second and third Special Reports to be                TVA on its energy resource activities
                                                surrounding the simplification of                         undertaken by the Intergovernmental                   and the priorities among competing
                                                                                                          Panel on Climate Change (IPCC) during                 objectives and values. Notice of this
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                                                registration and incorporation. At its
                                                upcoming session, the UNCITRAL                            the Sixth Assessment Report (AR6)                     meeting is given under the Federal
                                                Working Group I–MSME will consider a                      cycle. The outlines for ‘‘Climate Change              Advisory Committee Act (FACA), 5
                                                draft legislative guide on key principles                 and Land: An IPCC Special Report on                   U.S.C. App.2.
                                                of business registration (UN Doc. A/                      climate change, desertification, land                   The meeting agenda includes the
                                                CN.9/WG.I/WP.101) (from May 1–5) and                      degradation, sustainable land                         following:
                                                                                                          management, food security, and                        1. Welcome and Introductions
                                                  15 17   CFR 200.30–3(a)(12).                            greenhouse gas fluxes in terrestrial                  2. TVA Updates



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Document Created: 2017-04-14 00:56:27
Document Modified: 2017-04-14 00:56:27
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 18067 

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