82_FR_20608 82 FR 20525 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Reflect Changes in the Name of, the Investment Objective for, and the Means of Achieving the Investment Objective Applicable to the PIMCO Total Return Active Exchange-Traded Fund

82 FR 20525 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Reflect Changes in the Name of, the Investment Objective for, and the Means of Achieving the Investment Objective Applicable to the PIMCO Total Return Active Exchange-Traded Fund

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 83 (May 2, 2017)

Page Range20525-20527
FR Document2017-08815

Federal Register, Volume 82 Issue 83 (Tuesday, May 2, 2017)
[Federal Register Volume 82, Number 83 (Tuesday, May 2, 2017)]
[Notices]
[Pages 20525-20527]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08815]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80534; File No. SR-NYSEArca-2017-41]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Reflect Changes 
in the Name of, the Investment Objective for, and the Means of 
Achieving the Investment Objective Applicable to the PIMCO Total Return 
Active Exchange-Traded Fund

April 26, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given 
that, on April 17, 2017, NYSE Arca, Inc. (``Exchange'' or ``NYSE 
Arca'') filed with the Securities and Exchange Commission 
(``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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to reflect changes in the name of, the 
investment objective for, and the means of achieving the investment 
objective applicable to, the PIMCO Total Return Active Exchange-Traded 
Fund (the ``Fund''). The Fund is currently listed and traded on the 
Exchange under NYSE Arca Equities Rule 8.600. The proposed rule change 
is available on the Exchange's Web site at www.nyse.com, at the 
principal office of the Exchange, and at the Commission's Public 
Reference Room.

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

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

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

1. Purpose
    The Commission has approved the listing and trading on the Exchange 
of shares (``Shares'') of the Fund,\4\ under NYSE Arca Equities Rule 
8.600, which governs the listing and trading of Managed Fund Shares.\5\ 
The Shares are

[[Page 20526]]

offered by PIMCO ETF Trust (the ``Trust''), a statutory trust organized 
under the laws of the State of Delaware and registered with the 
Commission as an open-end management investment company.\6\ The 
investment manager to the Fund is Pacific Investment Management Company 
LLC (``PIMCO'' or the ``Adviser''). The Fund's Shares are currently 
listed and traded on the Exchange under NYSE Arca Equities Rule 8.600.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos. 65988 (December 16, 
2011), 76 FR 79741 (December 22, 2011) (SR-NYSEArca-2011-95) (notice 
of filing of proposed rule change relating to listing and trading of 
Shares of the Fund on the Exchange) (``First Prior Notice''); 66321 
(February 3, 2012), 77 FR 6850 (February 9, 2012) (SR-NYSEArca-2011-
95) (order approving listing and trading of Shares of the Fund on 
the Exchange) (``First Prior Order''). See also Securities Exchange 
Act Release Nos. 70905 (November 20, 2013) (SR-NYSEArca-2013-122) 
(notice of filing of proposed rule change relating to use of 
derivative instruments by the Fund) (``Second Prior Notice''); 72666 
(July 24, 2014), 79 FR 44224 (July 30, 2014) (SR-NYSEArca-2013-122) 
(order approving proposed rule change as modified by Amendment No. 2 
thereto relating to use of derivative instruments by the Fund) 
(``Second Prior Order''); 73331 (October 9, 2014), 79 FR 62213 
(October 16, 2014) (SR-NYSEArca-2014-104) (notice of filing and 
immediate effectiveness of proposed rule change relating to use of 
derivatives by certain PIMCO exchange traded funds); 75475 (July 16, 
2015), 80 FR 43507 (July 22, 2015) (SR-NYSEArca-2015-63) (notice of 
filing and immediate effectiveness of proposed rule change relating 
to a change in the size of a Creation Unit applicable to Shares of 
the Fund) (collectively, the ``Prior Releases'').
    \5\ A Managed Fund Share is a security that represents an 
interest in an investment company registered under the Investment 
Company Act of 1940 (15 U.S.C. 80a-1) (``1940 Act'') organized as an 
open-end investment company or similar entity that invests in a 
portfolio of securities selected by its investment adviser 
consistent with its investment objectives and policies. In contrast, 
an open-end investment company that issues Investment Company Units, 
listed and traded on the Exchange under NYSE Arca Equities Rule 
5.2(j)(3), seeks to provide investment results that correspond 
generally to the price and yield performance of a specific foreign 
or domestic stock index, fixed income securities index or 
combination thereof.
    \6\ The Trust is registered under the 1940 Act. On October 31, 
2016 the Trust filed with the Commission the most recent post-
effective amendment to its registration statement under the 
Securities Act of 1933 (15 U.S.C. 77a) (``1933 Act'') and under the 
1940 Act relating to the Fund (File Nos. 333-155395 and 811-22250) 
(the ``Registration Statement''). The description of the operation 
of the Trust and the Fund herein is based, in part, on the 
Registration Statement. In addition, the Commission has issued an 
order granting certain exemptive relief to the Trust under the 1940 
Act. See Investment Company Act Release No. 28993 (November 10, 
2009) (File No. 812-13571) (``Exemptive Order'').
---------------------------------------------------------------------------

    In this proposed rule change, the Exchange proposes to reflect 
changes in the name of the Fund, the Fund's investment objective, and 
the means of seeking the Fund's investment objective, as described 
below.\7\
---------------------------------------------------------------------------

    \7\ The changes described herein have been filed with the 
Commission in a supplement, dated March 7, 2017, to the Trust's 
Registration Statement. See note 5 [sic], supra. The Adviser 
represents that it will manage the Fund in the manner described in 
the Prior Releases, and will not implement the changes described 
herein until the proposed rule change is operative.
---------------------------------------------------------------------------

Name of the Fund
    The Adviser proposes that the name of the Fund be changed from that 
stated in the Prior Releases to the PIMCO Active Bond Exchange-Traded 
Fund. The Adviser represents that the Fund's name is changing to better 
reflect the Fund's revised investment objective and the Fund's revised 
investment strategy.
Investment Objective
    The Prior Releases stated that the Fund would seek maximum total 
return, consistent with preservation of capital and prudent investment 
management. The Adviser proposes revise [sic] the investment objective 
of the Fund to state that the Fund will seek current income and long-
term capital appreciation, consistent with prudent investment 
management.
Investment Strategies
    The First Prior Notice stated that the Fund will invest primarily 
(under normal market circumstances, at least 65% of its total assets) 
in investment-grade Fixed Income Instruments,\8\ but may invest up to 
10% of its total assets in high yield Fixed Income Instruments rated B3 
through Ba1 by Moody's Investors Service, Inc. (``Moody's''), or 
equivalently rated by Standard & Poor's Ratings Services (``S&P'') or 
Fitch, Inc. (``Fitch''), or, if unrated, determined by PIMCO to be of 
comparable quality. In the Second Prior Order, the Commission approved 
a revision to this statement to provide that the Fund will invest under 
normal market circumstances at least 65% of its total assets in a 
diversified portfolio of Fixed Income Instruments of varying 
maturities, which may be represented by derivatives related to Fixed 
Income Instruments. The Adviser proposes to revise the descriptions to 
state that the Fund will primarily (under normal market circumstances, 
at least 65% of its total assets) invest in a diversified portfolio of 
Fixed Income Instruments of varying maturities, which may be 
represented by derivatives related to Fixed Income Instruments, but may 
invest up to 30% of its total assets in high yield Fixed Income 
Instruments (which may be represented by derivatives related to Fixed 
Income Instruments) rated B3 through Ba1by [sic] Moody's, or 
equivalently rated by S&P or Fitch, or, if unrated, determined by PIMCO 
to be of comparable quality. The Adviser represents that the proposed 
change to the Fund's investment in such high yield Fixed Income 
Instruments is consistent with the Fund's proposed revised investment 
objective, and will further assist the Adviser to achieve such 
investment objective.
---------------------------------------------------------------------------

    \8\ See First Prior Notice, note 9, and Second Prior Notice, 
note 10, for a description of Fixed Income Instruments.
---------------------------------------------------------------------------

    Also, the First Prior Notice stated the average portfolio duration 
of the Fund normally will vary within two years (plus or minus) of the 
duration of the Bloomberg Barclays U.S. Aggregate Index (formerly, the 
Barclays Capital U.S. Aggregate Index). The Adviser proposes to change 
this representation to provide that the average portfolio duration of 
the Fund will no longer be measured against the duration of the 
Bloomberg Barclays U.S. Aggregate Index, but instead normally will vary 
from zero to eight years based on PIMCO's market forecasts. The Adviser 
represents that the proposed change to the average portfolio duration 
of the Fund is consistent with the Fund's proposed revised investment 
objective, and will further assist the Adviser to achieve such 
investment objective.
    Except for the changes noted above, all other representations made 
in the Prior Releases remain unchanged.
    All terms referenced but not defined herein are defined in the 
Prior Releases.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the 
requirement under Section 6(b)(5) \9\ that an exchange have rules that 
are designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to remove 
impediments to, and perfect the mechanism of a free and open market 
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to 
prevent fraudulent and manipulative acts and practices, and is designed 
to promote just and equitable principles of trade and to protect 
investors and the public interest, in that the change in the Fund's 
investment objective will specify that the Fund will seek current 
income and long-term capital appreciation, consistent with prudent 
investment management. The Adviser believes such change will enable 
investors to better understand the Fund's expected investment 
activities and determine if and/or to what extent an investment in the 
Fund is appropriate for their portfolios. With respect to the proposed 
change to the Fund's name, the Adviser represents that the Fund's name 
is changing to better reflect the Fund's revised investment objective 
and the Fund's revised investment strategy.
    The proposed rule change is designed to perfect the mechanism of a 
free and open market, and, in general, to promote just and equitable 
principles of trade and to protect investors and the public interest, 
in that the change in the Fund's ability to invest in high yield Fixed 
Income Instruments from up to 10% to up to 30% of its total assets will 
afford the Fund greater flexibility to invest in such high-yield 
instruments, and will further assist the Adviser to achieve the Fund's 
investment objective. In addition, the Exchange believes that the 
change to the average portfolio duration of the Fund will not adversely 
impact investors or Exchange trading. Such change would accommodate a 
duration that will provide the Fund with additional flexibility in 
managing the duration of the Fund's holdings using the average 
portfolio duration normally of zero to eight years based on PIMCO's 
market forecasts. Further, a more flexible duration bandwidth will 
allow the Fund to respond more effectively to

[[Page 20527]]

changing market conditions. Except for the changes noted above, all 
other representations in the Prior Releases remain unchanged.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange believes the 
proposed rule change will enhance competition among issues of exchange-
traded funds that invest in fixed income securities to the benefit of 
investors and the marketplace.

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

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

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, if consistent with 
the protection of investors and the public interest, the proposed rule 
change has become effective pursuant to Section 19(b)(3)(A) of the Act 
\10\ and Rule 19b-4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and the text of the proposed rule change, 
at least five business days prior to the date of filing of the 
proposed rule change, or such shorter time as designated by the 
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or 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-2017-41 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-2017-41. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEArca-2017-41 and should 
be submitted on or before May 23, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-08815 Filed 5-1-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices                                                      20525

                                                III. Date of Effectiveness of the                       office of the Exchange. All comments                  Exchange’s Web site at www.nyse.com,
                                                Proposed Rule Change and Timing for                     received will be posted without change;               at the principal office of the Exchange,
                                                Commission Action                                       the Commission does not edit personal                 and at the Commission’s Public
                                                   Within 45 days of the date of                        identifying information from                          Reference Room.
                                                publication of this notice in the Federal               submissions. You should submit only
                                                                                                                                                              II. Self-Regulatory Organization’s
                                                Register or within such longer period (i)               information that you wish to make                     Statement of the Purpose of, and
                                                as the Commission may designate up to                   available publicly. All submissions                   Statutory Basis for, the Proposed Rule
                                                90 days of such date if it finds such                   should refer to File Number SR–ISE–                   Change
                                                longer period to be appropriate and                     2017–32 and should be submitted on or
                                                                                                        before May 23, 2017.                                     In its filing with the Commission, the
                                                publishes its reasons for so finding or                                                                       self-regulatory organization included
                                                (ii) as to which the Exchange consents,                 For the Commission, by the Division of
                                                                                                                                                              statements concerning the purpose of,
                                                the Commission shall: (a) By order                      Trading and Markets, pursuant to delegated
                                                                                                        authority.120                                         and basis for, the proposed rule change
                                                approve or disapprove such proposed                                                                           and discussed any comments it received
                                                rule change, or (b) institute proceedings               Eduardo A. Aleman,                                    on the proposed rule change. The text
                                                to determine whether the proposed rule                  Assistant Secretary.                                  of those statements may be examined at
                                                change should be disapproved.                           [FR Doc. 2017–08813 Filed 5–1–17; 8:45 am]            the places specified in Item IV below.
                                                IV. Solicitation of Comments                            BILLING CODE 8011–01–P                                The Exchange has prepared summaries,
                                                                                                                                                              set forth in sections A, B, and C below,
                                                  Interested persons are invited to                                                                           of the most significant parts of such
                                                submit written data, views, and                                                                               statements.
                                                                                                        SECURITIES AND EXCHANGE
                                                arguments concerning the foregoing,
                                                                                                        COMMISSION                                            A. Self-Regulatory Organization’s
                                                including whether the proposed rule
                                                change is consistent with the Act.                      [Release No. 34–80534; File No. SR–                   Statement of the Purpose of, and the
                                                Comments may be submitted by any of                     NYSEArca–2017–41]                                     Statutory Basis for, the Proposed Rule
                                                the following methods:                                                                                        Change
                                                                                                        Self-Regulatory Organizations; NYSE
                                                Electronic Comments                                     Arca, Inc.; Notice of Filing and                      1. Purpose
                                                  • Use the Commission’s Internet                       Immediate Effectiveness of Proposed                      The Commission has approved the
                                                comment form (http://www.sec.gov/                       Rule Change To Reflect Changes in the                 listing and trading on the Exchange of
                                                rules/sro.shtml); or                                    Name of, the Investment Objective for,                shares (‘‘Shares’’) of the Fund,4 under
                                                  • Send an email to rule-comments@                     and the Means of Achieving the                        NYSE Arca Equities Rule 8.600, which
                                                sec.gov. Please include File Number SR–                 Investment Objective Applicable to the                governs the listing and trading of
                                                ISE–2017–32 on the subject line.                        PIMCO Total Return Active Exchange-                   Managed Fund Shares.5 The Shares are
                                                                                                        Traded Fund
                                                Paper Comments                                                                                                   4 See Securities Exchange Act Release Nos. 65988

                                                                                                        April 26, 2017.                                       (December 16, 2011), 76 FR 79741 (December 22,
                                                   • Send paper comments in triplicate                                                                        2011) (SR–NYSEArca–2011–95) (notice of filing of
                                                to Brent J. Fields, Secretary, Securities                  Pursuant to Section 19(b)(1) 1 of the
                                                                                                                                                              proposed rule change relating to listing and trading
                                                and Exchange Commission, 100 F Street                   Securities Exchange Act of 1934                       of Shares of the Fund on the Exchange) (‘‘First Prior
                                                NE., Washington, DC 20549–1090.                         (‘‘Act’’) 2 and Rule 19b–4 thereunder,3               Notice’’); 66321 (February 3, 2012), 77 FR 6850
                                                                                                        notice is hereby given that, on April 17,             (February 9, 2012) (SR–NYSEArca–2011–95) (order
                                                All submissions should refer to File                                                                          approving listing and trading of Shares of the Fund
                                                                                                        2017, NYSE Arca, Inc. (‘‘Exchange’’ or
                                                Number SR–ISE–2017–32. This file                                                                              on the Exchange) (‘‘First Prior Order’’). See also
                                                                                                        ‘‘NYSE Arca’’) filed with the Securities              Securities Exchange Act Release Nos. 70905
                                                number should be included on the
                                                                                                        and Exchange Commission                               (November 20, 2013) (SR–NYSEArca–2013–122)
                                                subject line if email is used. To help the                                                                    (notice of filing of proposed rule change relating to
                                                                                                        (‘‘Commission’’) the proposed rule
                                                Commission process and review your                                                                            use of derivative instruments by the Fund)
                                                                                                        change as described in Items I and II                 (‘‘Second Prior Notice’’); 72666 (July 24, 2014), 79
                                                comments more efficiently, please use
                                                                                                        below, which Items have been prepared                 FR 44224 (July 30, 2014) (SR–NYSEArca–2013–122)
                                                only one method. The Commission will
                                                                                                        by the self-regulatory organization. The              (order approving proposed rule change as modified
                                                post all comments on the Commission’s                                                                         by Amendment No. 2 thereto relating to use of
                                                                                                        Commission is publishing this notice to
                                                Internet Web site (http://www.sec.gov/                                                                        derivative instruments by the Fund) (‘‘Second Prior
                                                                                                        solicit comments on the proposed rule                 Order’’); 73331 (October 9, 2014), 79 FR 62213
                                                rules/sro.shtml). Copies of the
                                                                                                        change from interested persons.                       (October 16, 2014) (SR–NYSEArca–2014–104)
                                                submission, all subsequent                                                                                    (notice of filing and immediate effectiveness of
                                                amendments, all written statements                      I. Self-Regulatory Organization’s                     proposed rule change relating to use of derivatives
                                                with respect to the proposed rule                       Statement of the Terms of Substance of                by certain PIMCO exchange traded funds); 75475
                                                change that are filed with the                          the Proposed Rule Change                              (July 16, 2015), 80 FR 43507 (July 22, 2015) (SR–
                                                                                                                                                              NYSEArca–2015–63) (notice of filing and
                                                Commission, and all written                                The Exchange proposes to reflect                   immediate effectiveness of proposed rule change
                                                communications relating to the                          changes in the name of, the investment                relating to a change in the size of a Creation Unit
                                                proposed rule change between the                        objective for, and the means of                       applicable to Shares of the Fund) (collectively, the
                                                Commission and any person, other than                                                                         ‘‘Prior Releases’’).
                                                                                                        achieving the investment objective                       5 A Managed Fund Share is a security that
                                                those that may be withheld from the                     applicable to, the PIMCO Total Return                 represents an interest in an investment company
                                                public in accordance with the                           Active Exchange-Traded Fund (the                      registered under the Investment Company Act of
                                                provisions of 5 U.S.C. 552, will be                     ‘‘Fund’’). The Fund is currently listed               1940 (15 U.S.C. 80a–1) (‘‘1940 Act’’) organized as
                                                available for Web site viewing and                                                                            an open-end investment company or similar entity
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        and traded on the Exchange under                      that invests in a portfolio of securities selected by
                                                printing in the Commission’s Public                     NYSE Arca Equities Rule 8.600. The                    its investment adviser consistent with its
                                                Reference Room, 100 F Street NE.,                       proposed rule change is available on the              investment objectives and policies. In contrast, an
                                                Washington, DC 20549, on official                                                                             open-end investment company that issues
                                                business days between the hours of                        120 17
                                                                                                                                                              Investment Company Units, listed and traded on
                                                                                                                CFR 200.30–3(a)(12).                          the Exchange under NYSE Arca Equities Rule
                                                10:00 a.m. and 3:00 p.m. Copies of the                    1 15 U.S.C. 78s(b)(1).                              5.2(j)(3), seeks to provide investment results that
                                                filing also will be available for                         2 15 U.S.C. 78a.
                                                                                                                                                              correspond generally to the price and yield
                                                inspection and copying at the principal                   3 17 CFR 240.19b–4.                                                                            Continued




                                           VerDate Sep<11>2014   16:36 May 01, 2017   Jkt 241001   PO 00000   Frm 00070   Fmt 4703   Sfmt 4703   E:\FR\FM\02MYN1.SGM   02MYN1


                                                20526                            Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices

                                                offered by PIMCO ETF Trust (the                         grade Fixed Income Instruments,8 but                      Except for the changes noted above,
                                                ‘‘Trust’’), a statutory trust organized                 may invest up to 10% of its total assets               all other representations made in the
                                                under the laws of the State of Delaware                 in high yield Fixed Income Instruments                 Prior Releases remain unchanged.
                                                and registered with the Commission as                   rated B3 through Ba1 by Moody’s                           All terms referenced but not defined
                                                an open-end management investment                       Investors Service, Inc. (‘‘Moody’s’’), or              herein are defined in the Prior Releases.
                                                company.6 The investment manager to                     equivalently rated by Standard & Poor’s                2. Statutory Basis
                                                the Fund is Pacific Investment                          Ratings Services (‘‘S&P’’) or Fitch, Inc.
                                                Management Company LLC (‘‘PIMCO’’                                                                                 The basis under the Act for this
                                                                                                        (‘‘Fitch’’), or, if unrated, determined by
                                                or the ‘‘Adviser’’). The Fund’s Shares                                                                         proposed rule change is the requirement
                                                                                                        PIMCO to be of comparable quality. In
                                                are currently listed and traded on the                                                                         under Section 6(b)(5) 9 that an exchange
                                                                                                        the Second Prior Order, the Commission
                                                Exchange under NYSE Arca Equities                                                                              have rules that are designed to prevent
                                                                                                        approved a revision to this statement to
                                                Rule 8.600.                                                                                                    fraudulent and manipulative acts and
                                                                                                        provide that the Fund will invest under                practices, to promote just and equitable
                                                   In this proposed rule change, the                    normal market circumstances at least
                                                Exchange proposes to reflect changes in                                                                        principles of trade, to remove
                                                                                                        65% of its total assets in a diversified               impediments to, and perfect the
                                                the name of the Fund, the Fund’s                        portfolio of Fixed Income Instruments of
                                                investment objective, and the means of                                                                         mechanism of a free and open market
                                                                                                        varying maturities, which may be                       and, in general, to protect investors and
                                                seeking the Fund’s investment objective,                represented by derivatives related to                  the public interest.
                                                as described below.7                                    Fixed Income Instruments. The Adviser                     The Exchange believes that the
                                                Name of the Fund                                        proposes to revise the descriptions to                 proposed rule change is designed to
                                                                                                        state that the Fund will primarily (under              prevent fraudulent and manipulative
                                                  The Adviser proposes that the name                    normal market circumstances, at least                  acts and practices, and is designed to
                                                of the Fund be changed from that stated                 65% of its total assets) invest in a                   promote just and equitable principles of
                                                in the Prior Releases to the PIMCO                      diversified portfolio of Fixed Income                  trade and to protect investors and the
                                                Active Bond Exchange-Traded Fund.                                                                              public interest, in that the change in the
                                                                                                        Instruments of varying maturities,
                                                The Adviser represents that the Fund’s                                                                         Fund’s investment objective will specify
                                                                                                        which may be represented by
                                                name is changing to better reflect the                                                                         that the Fund will seek current income
                                                                                                        derivatives related to Fixed Income
                                                Fund’s revised investment objective and                                                                        and long-term capital appreciation,
                                                                                                        Instruments, but may invest up to 30%
                                                the Fund’s revised investment strategy.                                                                        consistent with prudent investment
                                                                                                        of its total assets in high yield Fixed
                                                Investment Objective                                    Income Instruments (which may be                       management. The Adviser believes such
                                                                                                        represented by derivatives related to                  change will enable investors to better
                                                  The Prior Releases stated that the                                                                           understand the Fund’s expected
                                                Fund would seek maximum total return,                   Fixed Income Instruments) rated B3
                                                                                                        through Ba1by [sic] Moody’s, or                        investment activities and determine if
                                                consistent with preservation of capital                                                                        and/or to what extent an investment in
                                                and prudent investment management.                      equivalently rated by S&P or Fitch, or,
                                                                                                        if unrated, determined by PIMCO to be                  the Fund is appropriate for their
                                                The Adviser proposes revise [sic] the                                                                          portfolios. With respect to the proposed
                                                investment objective of the Fund to state               of comparable quality. The Adviser
                                                                                                        represents that the proposed change to                 change to the Fund’s name, the Adviser
                                                that the Fund will seek current income                                                                         represents that the Fund’s name is
                                                and long-term capital appreciation,                     the Fund’s investment in such high
                                                                                                        yield Fixed Income Instruments is                      changing to better reflect the Fund’s
                                                consistent with prudent investment                                                                             revised investment objective and the
                                                management.                                             consistent with the Fund’s proposed
                                                                                                        revised investment objective, and will                 Fund’s revised investment strategy.
                                                Investment Strategies                                                                                             The proposed rule change is designed
                                                                                                        further assist the Adviser to achieve
                                                                                                                                                               to perfect the mechanism of a free and
                                                  The First Prior Notice stated that the                such investment objective.                             open market, and, in general, to promote
                                                Fund will invest primarily (under                          Also, the First Prior Notice stated the             just and equitable principles of trade
                                                normal market circumstances, at least                   average portfolio duration of the Fund                 and to protect investors and the public
                                                65% of its total assets) in investment-                 normally will vary within two years                    interest, in that the change in the Fund’s
                                                                                                        (plus or minus) of the duration of the                 ability to invest in high yield Fixed
                                                performance of a specific foreign or domestic stock     Bloomberg Barclays U.S. Aggregate                      Income Instruments from up to 10% to
                                                index, fixed income securities index or combination
                                                thereof.
                                                                                                        Index (formerly, the Barclays Capital                  up to 30% of its total assets will afford
                                                   6 The Trust is registered under the 1940 Act. On     U.S. Aggregate Index). The Adviser                     the Fund greater flexibility to invest in
                                                October 31, 2016 the Trust filed with the               proposes to change this representation                 such high-yield instruments, and will
                                                Commission the most recent post-effective               to provide that the average portfolio                  further assist the Adviser to achieve the
                                                amendment to its registration statement under the
                                                Securities Act of 1933 (15 U.S.C. 77a) (‘‘1933 Act’’)
                                                                                                        duration of the Fund will no longer be                 Fund’s investment objective. In
                                                and under the 1940 Act relating to the Fund (File       measured against the duration of the                   addition, the Exchange believes that the
                                                Nos. 333–155395 and 811–22250) (the ‘‘Registration      Bloomberg Barclays U.S. Aggregate                      change to the average portfolio duration
                                                Statement’’). The description of the operation of the   Index, but instead normally will vary                  of the Fund will not adversely impact
                                                Trust and the Fund herein is based, in part, on the
                                                Registration Statement. In addition, the                from zero to eight years based on                      investors or Exchange trading. Such
                                                Commission has issued an order granting certain         PIMCO’s market forecasts. The Adviser                  change would accommodate a duration
                                                exemptive relief to the Trust under the 1940 Act.       represents that the proposed change to                 that will provide the Fund with
                                                See Investment Company Act Release No. 28993                                                                   additional flexibility in managing the
                                                (November 10, 2009) (File No. 812–13571)
                                                                                                        the average portfolio duration of the
sradovich on DSK3GMQ082PROD with NOTICES




                                                (‘‘Exemptive Order’’).                                  Fund is consistent with the Fund’s                     duration of the Fund’s holdings using
                                                   7 The changes described herein have been filed       proposed revised investment objective,                 the average portfolio duration normally
                                                with the Commission in a supplement, dated March        and will further assist the Adviser to                 of zero to eight years based on PIMCO’s
                                                7, 2017, to the Trust’s Registration Statement. See     achieve such investment objective.                     market forecasts. Further, a more
                                                note 5 [sic], supra. The Adviser represents that it                                                            flexible duration bandwidth will allow
                                                will manage the Fund in the manner described in
                                                the Prior Releases, and will not implement the            8 See First Prior Notice, note 9, and Second Prior   the Fund to respond more effectively to
                                                changes described herein until the proposed rule        Notice, note 10, for a description of Fixed Income
                                                change is operative.                                    Instruments.                                            9 15   U.S.C. 78f(b)(5).



                                           VerDate Sep<11>2014   16:36 May 01, 2017   Jkt 241001   PO 00000   Frm 00071   Fmt 4703   Sfmt 4703   E:\FR\FM\02MYN1.SGM     02MYN1


                                                                                   Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices                                                  20527

                                                changing market conditions. Except for                    arguments concerning the foregoing,                    SECURITIES AND EXCHANGE
                                                the changes noted above, all other                        including whether the proposed rule                    COMMISSION
                                                representations in the Prior Releases                     change is consistent with the Act.
                                                remain unchanged.                                         Comments may be submitted by any of                    Sunshine Act Meeting
                                                                                                          the following methods:
                                                B. Self-Regulatory Organization’s                                                                                   Notice is hereby given, pursuant to
                                                Statement on Burden on Competition                        Electronic Comments                                    the provisions of the Government in the
                                                   The Exchange does not believe that                                                                            Sunshine Act, Public Law 94–409, that
                                                                                                            • Use the Commission’s Internet
                                                the proposed rule change will impose                                                                             the Securities and Exchange
                                                                                                          comment form (http://www.sec.gov/
                                                any burden on competition that is not                                                                            Commission will hold a closed meeting
                                                                                                          rules/sro.shtml); or
                                                necessary or appropriate in furtherance                                                                          on Thursday, May 4, 2017 at 2 p.m.
                                                                                                            • Send an email to rule-comments@                       Commissioners, Counsel to the
                                                of the purposes of the Act. The
                                                                                                          sec.gov. Please include File Number SR–                Commissioners, the Secretary to the
                                                Exchange believes the proposed rule
                                                                                                          NYSEArca–2017–41 on the subject line.                  Commission, and recording secretaries
                                                change will enhance competition among
                                                issues of exchange-traded funds that                      Paper Comments                                         will attend the closed meeting. Certain
                                                invest in fixed income securities to the                                                                         staff members who have an interest in
                                                benefit of investors and the marketplace.                    • Send paper comments in triplicate                 the matters also may be present.
                                                                                                          to Secretary, Securities and Exchange                     The General Counsel of the
                                                C. Self-Regulatory Organization’s                         Commission, 100 F Street NE.,                          Commission, or her designee, has
                                                Statement on Comments on the                              Washington, DC 20549–1090.                             certified that, in her opinion, one or
                                                Proposed Rule Change Received From                                                                               more of the exemptions set forth in 5
                                                                                                          All submissions should refer to File
                                                Members, Participants, or Others                                                                                 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
                                                                                                          Number SR–NYSEArca–2017–41. This
                                                  No written comments were solicited                      file number should be included on the                  and 17 CFR 200.402(a)(3), (a)(5), (a)(7),
                                                or received with respect to the proposed                  subject line if email is used. To help the             (a)(9)(ii) and (a)(10), permit
                                                rule change.                                              Commission process and review your                     consideration of the scheduled matter at
                                                III. Date of Effectiveness of the                         comments more efficiently, please use                  the closed meeting.
                                                Proposed Rule Change and Timing for                       only one method. The Commission will                      Acting Chairman Piwowar, as duty
                                                Commission Action                                         post all comments on the Commission’s                  officer, voted to consider the items
                                                                                                          Internet Web site (http://www.sec.gov/                 listed for the closed meeting in closed
                                                   Because the foregoing proposed rule                    rules/sro.shtml). Copies of the                        session.
                                                change does not: (i) Significantly affect                 submission, all subsequent                                The subject matter of the closed
                                                the protection of investors or the public                 amendments, all written statements                     meeting will be:
                                                interest; (ii) impose any significant                     with respect to the proposed rule                         Institution and settlement of
                                                burden on competition; and (iii) become                   change that are filed with the                         injunctive actions;
                                                operative for 30 days from the date on                    Commission, and all written                               Institution and settlement of
                                                which it was filed, or such shorter time                  communications relating to the                         administrative proceedings;
                                                as the Commission may designate, if                       proposed rule change between the                          Formal orders of investigation; and
                                                consistent with the protection of                         Commission and any person, other than                     Other matters relating to enforcement
                                                investors and the public interest, the                    those that may be withheld from the                    proceedings.
                                                proposed rule change has become                           public in accordance with the                             At times, changes in Commission
                                                effective pursuant to Section 19(b)(3)(A)                 provisions of 5 U.S.C. 552, will be                    priorities require alterations in the
                                                of the Act 10 and Rule 19b–4(f)(6)                        available for Web site viewing and                     scheduling of meeting items.
                                                thereunder.11                                             printing in the Commission’s Public                       For further information and to
                                                   At any time within 60 days of the                      Reference Room, 100 F Street NE.,                      ascertain what, if any, matters have been
                                                filing of the proposed rule change, the                   Washington, DC 20549 on official                       added, deleted or postponed; please
                                                Commission summarily may                                  business days between the hours of                     contact Brent J. Fields from the Office of
                                                temporarily suspend such rule change if                   10:00 a.m. and 3:00 p.m. Copies of the                 the Secretary at (202) 551–5400.
                                                it appears to the Commission that such                    filing also will be available for
                                                action is necessary or appropriate in the                                                                          Dated: April 27, 2017.
                                                                                                          inspection and copying at the principal                Brent J. Fields,
                                                public interest, for the protection of                    office of the Exchange. All comments
                                                investors, or otherwise in furtherance of                                                                        Secretary.
                                                                                                          received will be posted without change;
                                                the purposes of the Act. If the                           the Commission does not edit personal
                                                                                                                                                                 [FR Doc. 2017–08957 Filed 4–28–17; 4:15 pm]
                                                Commission takes such action, the                         identifying information from                           BILLING CODE 8011–01–P
                                                Commission shall institute proceedings                    submissions. You should submit only
                                                to determine whether the proposed rule                    information that you wish to make
                                                should be approved or disapproved.                        available publicly. All submissions                    DEPARTMENT OF STATE
                                                IV. Solicitation of Comments                              should refer to File Number SR–                        [Public Notice: 9955]
                                                  Interested persons are invited to                       NYSEArca-2017–41 and should be
                                                submit written data, views, and                           submitted on or before May 23, 2017.                   60-Day Notice of Proposed Information
                                                                                                            For the Commission, by the Division of               Collection: Nonimmigrant Visa
                                                  10 15  U.S.C. 78s(b)(3)(A).                             Trading and Markets, pursuant to delegated             Application
sradovich on DSK3GMQ082PROD with NOTICES




                                                  11 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      authority.12
                                                4(f)(6)(iii) requires a self-regulatory organization to   Eduardo A. Aleman,                                           Notice of request for public
                                                                                                                                                                 ACTION:
                                                give the Commission written notice of its intent to
                                                                                                          Assistant Secretary.
                                                                                                                                                                 comment.
                                                file the proposed rule change, along with a brief
                                                description and the text of the proposed rule             [FR Doc. 2017–08815 Filed 5–1–17; 8:45 am]             SUMMARY:  The Department of State is
                                                change, at least five business days prior to the date
                                                of filing of the proposed rule change, or such
                                                                                                          BILLING CODE 8011–01–P                                 seeking Office of Management and
                                                shorter time as designated by the Commission. The                                                                Budget (OMB) approval for the
                                                Exchange has satisfied this requirement.                    12 17   CFR 200.30–3(a)(12).                         information collection described below.


                                           VerDate Sep<11>2014    16:36 May 01, 2017    Jkt 241001   PO 00000   Frm 00072    Fmt 4703   Sfmt 4703   E:\FR\FM\02MYN1.SGM   02MYN1



Document Created: 2017-05-02 00:04:39
Document Modified: 2017-05-02 00:04:39
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 20525 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR