82_FR_28487 82 FR 28369 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Order Approving a Proposed Rule Change Relating to the Exposure Periods of the MIAX Price Improvement Mechanism and Solicitation Mechanism

82 FR 28369 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Order Approving a Proposed Rule Change Relating to the Exposure Periods of the MIAX Price Improvement Mechanism and Solicitation Mechanism

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 118 (June 21, 2017)

Page Range28369-28370
FR Document2017-12890

Federal Register, Volume 82 Issue 118 (Wednesday, June 21, 2017)
[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Notices]
[Pages 28369-28370]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12890]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80940; File No. SR-MIAX-2017-16]


Self-Regulatory Organizations; Miami International Securities 
Exchange LLC; Order Approving a Proposed Rule Change Relating to the 
Exposure Periods of the MIAX Price Improvement Mechanism and 
Solicitation Mechanism

June 15, 2017.

I. Introduction

    On April 25, 2017, Miami International Securities Exchange LLC 
(``MIAX Options'' or the ``Exchange'') filed with the Securities and 
Exchange Commission (``Commission'') pursuant to Section 19(b)(1) of 
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 
thereunder,\2\ a proposed rule change to amend MIAX Options Rule 515A 
to modify the exposure periods of the Exchange's Price Improvement 
Mechanism (``PRIME'') and PRIME Solicitation Mechanism from 500 
milliseconds to a time period designated by the Exchange of no less 
than 100 milliseconds and no more than 1 second. The proposed rule 
change was published for comment in the Federal Register on May 5, 
2017.\3\ The Commission received no comment letters on the proposed 
rule change. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 80570 (May 1, 2017), 
82 FR 21288 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    PRIME is a process by which a Member \4\ may electronically submit 
for execution an order it represents as agent (``Agency Order'') 
against principal interest, and/or an Agency Order against solicited 
interest.\5\ When the Exchange receives a properly designated Agency 
Order for auction processing, a Request for Responses (``RFR'') 
detailing the option, side, size, and initiating price is sent to all 
subscribers of the Exchange's data feeds. Currently, the RFR period 
lasts for 500 milliseconds, unless it is concluded early.\6\ The 
Exchange proposes to revise the RFR response period to permit the 
Exchange to designate a specific time within a range of no less than 
100 milliseconds and no more than 1 second.\7\
---------------------------------------------------------------------------

    \4\ The term ``Member'' means an individual or organization 
approved to exercise the trading rights associated with a Trading 
Permit. Members are deemed ``members'' under the Exchange Act. See 
Exchange Rule 100.
    \5\ See Exchange Rule 515A.
    \6\ A PRIME and PRIME Solicitation Auction will conclude at the 
sooner of: (1) Upon receipt of an unrelated order (in the same 
option as the Agency Order) on the opposite side of the market from 
the RFR responses, that is marketable against either the National 
Best Bid or Offer (``NBBO''), the initiating price, or the RFR 
responses; (2) upon receipt of an unrelated order (in the same 
option as the Agency Order) on the same side of the market as the 
RFR responses, that is marketable against the NBBO; (3) upon receipt 
of an unrelated limit order (in the same option as the Agency Order) 
on the opposite of the market from the Agency Order that improves 
any RFR response; (4) any time an RFR response matches the NBBO on 
the opposite side of the market from the RFR responses; (5) any time 
there is a quote lock in the subject option on the Exchange pursuant 
to Exchange Rule 1402; or (6) any time there is a trading halt in 
the option on the Exchange. See Exchange Rule 515A.
    \7\ The Exchange notes that its proposal is consistent with 
exposure periods permitted in similar mechanisms on other options 
exchanges. See Notice, supra note 3, at 21288 & n.6; see also 
Securities Exchange Act Release Nos. 76301 (October 29, 2015), 80 FR 
68347 (November 4, 2015) (SR-BX-2015-032) (establishing an exposure 
period for the Nasdaq BX's options price improvement mechanism 
(``PRISM'') of no less than 100 milliseconds and no more than 1 
second); 77557 (April 7, 2016), 81 FR 21935 (April 13, 2016) (SR-
Phlx-2016-40) (amending the exposure period for the Nasdaq Phlx's 
Price Improvement XL (``PIXL'') to be no less than 100 milliseconds 
and no more than 1 second); 79733 (January 4, 2017), 82 FR 3055 
(January 10, 2017) (SR-ISE-2016-26) (amending the exposure period 
for the Nasdaq ISE's Price Improvement Mechanism (``PIM'') to be no 
less than 100 milliseconds and no more than 1 second); and 80738 
(May 22, 2017), 82 FR 24417 (May 26, 2017) (SR-CBOE-2017-029) 
(amending the exposure periods for the CBOE's Automated Improvement 
Mechanism (``AIM'') and Solicitation Auction Mechanism (``SAM'') to 
be no less than 100 milliseconds and no more than 1 second).
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to a national securities exchange.\8\ 
In particular, the Commission finds that the proposed rule change is 
consistent with Section 6(b)(5) of the Act,\9\ which requires, among 
other things, that the rules of a national securities exchange be 
designed to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in regulating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system and, 
in general, to protect investors and the public interest, and not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers. The Commission also finds that the proposed rule 
change is consistent with Section 6(b)(8) of the Act,\10\ which 
requires that the rules of an exchange not impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act.
---------------------------------------------------------------------------

    \8\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Commission believes that, given the electronic nature of the 
PRIME and PRIME Solicitation Mechanism and the ability of Members to 
respond within the proposed exposure periods, modifying each of the 
exposure periods from 500 milliseconds to a time designated by the 
Exchange of no less than 100 milliseconds and no more than 1 second 
could facilitate the prompt execution of orders, while continuing to 
provide market participants with an opportunity to compete to trade 
with the exposed order by submitting responses to the auctions. 
According to the Exchange, numerous Members have the capability to and 
do respond within a 100 millisecond exposure period or less.\11\
---------------------------------------------------------------------------

    \11\ See Notice, supra note 3, at 21289.
---------------------------------------------------------------------------

    To substantiate that its members can receive, process, and 
communicate a response back to the Exchange within 100 milliseconds, 
the Exchange states that it surveyed all Members that responded to an 
auction broadcast in the period beginning November 2016 and ending 
January 2017 (the ``review period'').\12\ According to the Exchange, 
each Member it surveyed indicated that they can receive, process, and 
communicate a response back to the Exchange within 100 
milliseconds.\13\ In addition, the Exchange states that it reviewed all 
responses received in PRIME and PRIME Solicitation Auctions from its 
Members for the review period, and its review indicated that 
approximately 90% of responses were submitted within 100 
milliseconds.\14\ Furthermore, with regard to the impact of the 
proposal on system capacity, the Exchange states that it has analyzed 
its capacity and represents that it has the necessary systems capacity 
to handle the potential additional traffic associated with the 
additional transactions that may occur with the

[[Page 28370]]

implementation of the proposed reduction response time duration to no 
less than 100 milliseconds.\15\ The Exchange also represents that its 
system will be able to sufficiently maintain an audit trail for order 
and trade information with the reduction in the response timer.\16\
---------------------------------------------------------------------------

    \12\ See id.
    \13\ See id.
    \14\ See id.
    \15\ See id. at 21289-90.
    \16\ See id. at 21290.
---------------------------------------------------------------------------

    Based on the Exchange's statements, the Commission believes that 
market participants should continue to have opportunities to compete to 
trade with the exposed order by submitting responses to the PRIME and 
PRIME Solicitation Mechanism within an exposure period of no less than 
100 milliseconds and no more than 1 second.\17\ Accordingly, for the 
reasons discussed above, the Commission believes that the Exchange's 
proposal is consistent with the Act.
---------------------------------------------------------------------------

    \17\ The Commission notes that the ability to designate such an 
exposure time period is consistent with the rules of other options 
exchanges. See supra note 7. See also NASDAQ Phlx Rule 
1080(n)(ii)(A)(4), NASDAQ BX Options Rules Chapter VI, Section 
9(ii)(A)(3), Nasdaq ISE Rule 716, Supplementary Material .04, Nasdaq 
ISE Rule 723(c)(1), CBOE Rule 6.74A(b)(1)(C), and CBOE Rule 
6.74B(b)(1)(C).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\18\ that the proposed rule change (SR-MIAX-2017-16) be, and hereby 
is, approved.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-12890 Filed 6-20-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices                                                     28369

                                                      For the Commission, by the Division of                for Responses (‘‘RFR’’) detailing the                   and coordination with persons engaged
                                                    Trading and Markets, pursuant to delegated              option, side, size, and initiating price is             in regulating transactions in securities,
                                                    authority.17                                            sent to all subscribers of the Exchange’s               to remove impediments to and perfect
                                                    Eduardo A. Aleman,                                      data feeds. Currently, the RFR period                   the mechanism of a free and open
                                                    Assistant Secretary.                                    lasts for 500 milliseconds, unless it is                market and a national market system
                                                    [FR Doc. 2017–12889 Filed 6–20–17; 8:45 am]             concluded early.6 The Exchange                          and, in general, to protect investors and
                                                    BILLING CODE 8011–01–P                                  proposes to revise the RFR response                     the public interest, and not be designed
                                                                                                            period to permit the Exchange to                        to permit unfair discrimination between
                                                                                                            designate a specific time within a range                customers, issuers, brokers, or dealers.
                                                    SECURITIES AND EXCHANGE                                 of no less than 100 milliseconds and no                 The Commission also finds that the
                                                    COMMISSION                                              more than 1 second.7                                    proposed rule change is consistent with
                                                    [Release No. 34–80940; File No. SR–MIAX–                                                                        Section 6(b)(8) of the Act,10 which
                                                                                                            III. Discussion and Commission’s
                                                    2017–16]                                                                                                        requires that the rules of an exchange
                                                                                                            Findings                                                not impose any burden on competition
                                                    Self-Regulatory Organizations; Miami                       After careful review, the Commission                 that is not necessary or appropriate in
                                                    International Securities Exchange LLC;                  finds that the proposed rule change is                  furtherance of the purposes of the Act.
                                                    Order Approving a Proposed Rule                         consistent with the requirements of the                    The Commission believes that, given
                                                    Change Relating to the Exposure                         Act and the rules and regulations                       the electronic nature of the PRIME and
                                                    Periods of the MIAX Price                               thereunder applicable to a national                     PRIME Solicitation Mechanism and the
                                                    Improvement Mechanism and                               securities exchange.8 In particular, the                ability of Members to respond within
                                                    Solicitation Mechanism                                  Commission finds that the proposed                      the proposed exposure periods,
                                                                                                            rule change is consistent with Section                  modifying each of the exposure periods
                                                    June 15, 2017.                                          6(b)(5) of the Act,9 which requires,                    from 500 milliseconds to a time
                                                    I. Introduction                                         among other things, that the rules of a                 designated by the Exchange of no less
                                                                                                            national securities exchange be                         than 100 milliseconds and no more than
                                                       On April 25, 2017, Miami
                                                                                                            designed to promote just and equitable                  1 second could facilitate the prompt
                                                    International Securities Exchange LLC
                                                                                                            principles of trade, to foster cooperation              execution of orders, while continuing to
                                                    (‘‘MIAX Options’’ or the ‘‘Exchange’’)
                                                                                                                                                                    provide market participants with an
                                                    filed with the Securities and Exchange                     6 A PRIME and PRIME Solicitation Auction will        opportunity to compete to trade with
                                                    Commission (‘‘Commission’’) pursuant                    conclude at the sooner of: (1) Upon receipt of an
                                                    to Section 19(b)(1) of the Securities                                                                           the exposed order by submitting
                                                                                                            unrelated order (in the same option as the Agency
                                                    Exchange Act of 1934 (‘‘Act’’) 1 and Rule               Order) on the opposite side of the market from the
                                                                                                                                                                    responses to the auctions. According to
                                                    19b–4 thereunder,2 a proposed rule                      RFR responses, that is marketable against either the    the Exchange, numerous Members have
                                                    change to amend MIAX Options Rule                       National Best Bid or Offer (‘‘NBBO’’), the initiating   the capability to and do respond within
                                                                                                            price, or the RFR responses; (2) upon receipt of an     a 100 millisecond exposure period or
                                                    515A to modify the exposure periods of                  unrelated order (in the same option as the Agency
                                                    the Exchange’s Price Improvement                        Order) on the same side of the market as the RFR
                                                                                                                                                                    less.11
                                                                                                            responses, that is marketable against the NBBO; (3)        To substantiate that its members can
                                                    Mechanism (‘‘PRIME’’) and PRIME
                                                                                                            upon receipt of an unrelated limit order (in the        receive, process, and communicate a
                                                    Solicitation Mechanism from 500                         same option as the Agency Order) on the opposite
                                                    milliseconds to a time period designated                                                                        response back to the Exchange within
                                                                                                            of the market from the Agency Order that improves
                                                    by the Exchange of no less than 100                     any RFR response; (4) any time an RFR response
                                                                                                                                                                    100 milliseconds, the Exchange states
                                                    milliseconds and no more than 1                         matches the NBBO on the opposite side of the            that it surveyed all Members that
                                                    second. The proposed rule change was                    market from the RFR responses; (5) any time there       responded to an auction broadcast in
                                                                                                            is a quote lock in the subject option on the            the period beginning November 2016
                                                    published for comment in the Federal                    Exchange pursuant to Exchange Rule 1402; or (6)
                                                    Register on May 5, 2017.3 The                           any time there is a trading halt in the option on the
                                                                                                                                                                    and ending January 2017 (the ‘‘review
                                                    Commission received no comment                          Exchange. See Exchange Rule 515A.                       period’’).12 According to the Exchange,
                                                    letters on the proposed rule change.                       7 The Exchange notes that its proposal is            each Member it surveyed indicated that
                                                    This order approves the proposed rule                   consistent with exposure periods permitted in           they can receive, process, and
                                                                                                            similar mechanisms on other options exchanges.          communicate a response back to the
                                                    change.                                                 See Notice, supra note 3, at 21288 & n.6; see also
                                                                                                            Securities Exchange Act Release Nos. 76301              Exchange within 100 milliseconds.13 In
                                                    II. Description of the Proposed Rule                    (October 29, 2015), 80 FR 68347 (November 4, 2015)      addition, the Exchange states that it
                                                    Change                                                  (SR–BX–2015–032) (establishing an exposure              reviewed all responses received in
                                                                                                            period for the Nasdaq BX’s options price                PRIME and PRIME Solicitation Auctions
                                                       PRIME is a process by which a                        improvement mechanism (‘‘PRISM’’) of no less than
                                                    Member 4 may electronically submit for                  100 milliseconds and no more than 1 second);            from its Members for the review period,
                                                    execution an order it represents as agent               77557 (April 7, 2016), 81 FR 21935 (April 13, 2016)     and its review indicated that
                                                    (‘‘Agency Order’’) against principal                    (SR–Phlx–2016–40) (amending the exposure period         approximately 90% of responses were
                                                                                                            for the Nasdaq Phlx’s Price Improvement XL              submitted within 100 milliseconds.14
                                                    interest, and/or an Agency Order against                (‘‘PIXL’’) to be no less than 100 milliseconds and
                                                    solicited interest.5 When the Exchange                  no more than 1 second); 79733 (January 4, 2017),        Furthermore, with regard to the impact
                                                    receives a properly designated Agency                   82 FR 3055 (January 10, 2017) (SR–ISE–2016–26)          of the proposal on system capacity, the
                                                    Order for auction processing, a Request                 (amending the exposure period for the Nasdaq ISE’s      Exchange states that it has analyzed its
                                                                                                            Price Improvement Mechanism (‘‘PIM’’) to be no          capacity and represents that it has the
                                                                                                            less than 100 milliseconds and no more than 1
                                                      17 17 CFR 200.30–3(a)(12).                            second); and 80738 (May 22, 2017), 82 FR 24417          necessary systems capacity to handle
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                      1 15 U.S.C. 78s(b)(1).                                (May 26, 2017) (SR–CBOE–2017–029) (amending             the potential additional traffic
                                                      2 17 CFR 240.19b–4.
                                                                                                            the exposure periods for the CBOE’s Automated           associated with the additional
                                                      3 See Securities Exchange Act Release No. 80570       Improvement Mechanism (‘‘AIM’’) and Solicitation        transactions that may occur with the
                                                    (May 1, 2017), 82 FR 21288 (‘‘Notice’’).                Auction Mechanism (‘‘SAM’’) to be no less than 100
                                                      4 The term ‘‘Member’’ means an individual or          milliseconds and no more than 1 second).
                                                                                                                                                                     10 15 U.S.C. 78f(b)(8).
                                                    organization approved to exercise the trading rights       8 In approving this proposed rule change, the
                                                                                                                                                                     11 See Notice, supra note 3, at 21289.
                                                    associated with a Trading Permit. Members are           Commission has considered the proposed rule’s
                                                                                                                                                                     12 See id.
                                                    deemed ‘‘members’’ under the Exchange Act. See          impact on efficiency, competition, and capital
                                                    Exchange Rule 100.                                      formation. See 15 U.S.C. 78c(f).                         13 See id.
                                                      5 See Exchange Rule 515A.                                9 15 U.S.C. 78f(b)(5).                                14 See id.




                                               VerDate Sep<11>2014   19:12 Jun 20, 2017   Jkt 241001   PO 00000   Frm 00076   Fmt 4703   Sfmt 4703   E:\FR\FM\21JNN1.SGM     21JNN1


                                                    28370                        Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices

                                                    implementation of the proposed                          22(c)(8) and 22(c)(9) of Schedule 14A                  www.sec.gov/search/search.htm or by
                                                    reduction response time duration to no                  under the Securities Exchange Act of                   calling (202) 551–8090.
                                                    less than 100 milliseconds.15 The                       1934, and Sections 6–07(2)(a), (b), and
                                                                                                                                                                   Summary of the Application
                                                    Exchange also represents that its system                (c) of Regulation S–X (‘‘Disclosure
                                                    will be able to sufficiently maintain an                Requirements’’). The requested                           1. The Advisor will serve as the
                                                    audit trail for order and trade                         exemption would permit an investment                   investment adviser to the Subadvised
                                                    information with the reduction in the                   adviser to hire and replace certain sub-               Series pursuant to an investment
                                                    response timer.16                                       advisers without shareholder approval                  advisory agreement with the Trust
                                                      Based on the Exchange’s statements,                   and grant relief from the Disclosure                   (each, an ‘‘Investment Management
                                                    the Commission believes that market                     Requirements as they relate to fees paid               Agreement’’).1 The Advisor will provide
                                                    participants should continue to have                    to the sub-advisers.                                   the Subadvised Series with continuous
                                                    opportunities to compete to trade with                  APPLICANTS: Westcore Trust (the
                                                                                                                                                                   and comprehensive investment
                                                    the exposed order by submitting                         ‘‘Trust’’), a Massachusetts business trust             management services subject to the
                                                    responses to the PRIME and PRIME                                                                               supervision of, and policies established
                                                                                                            registered under the Act as an open-end
                                                    Solicitation Mechanism within an                                                                               by, each Subadvised Series’ board of
                                                                                                            management investment company with
                                                    exposure period of no less than 100                                                                            trustees (the ‘‘Board’’).2 Each Investment
                                                                                                            multiple series (each, a ‘‘Series’’), and
                                                    milliseconds and no more than 1                                                                                Management Agreement permits the
                                                                                                            Denver Investment Advisors LLC, a
                                                    second.17 Accordingly, for the reasons                                                                         Advisor, subject to the approval of the
                                                                                                            Colorado limited liability company
                                                    discussed above, the Commission                                                                                Board, to delegate to one or more Sub-
                                                                                                            registered as an investment adviser
                                                    believes that the Exchange’s proposal is                                                                       Advisors the responsibility to provide
                                                                                                            under the Investment Advisers Act of
                                                    consistent with the Act.                                                                                       the day-to-day portfolio investment
                                                                                                            1940 (the ‘‘Advisor,’’ and, collectively
                                                                                                                                                                   management of each Subadvised Series,
                                                    IV. Conclusion                                          with the Trust, the ‘‘Applicants’’).
                                                                                                                                                                   subject to the supervision and direction
                                                      It is therefore ordered, pursuant to                  FILING DATES: The application was filed                of the Advisor.3 The primary
                                                    Section 19(b)(2) of the Act,18 that the                 on December 15, 2016, and amended on                   responsibility for managing the
                                                    proposed rule change (SR–MIAX–2017–                     March 13, 2017.                                        Subadvised Series will remain vested in
                                                    16) be, and hereby is, approved.                        HEARING OR NOTIFICATION OF HEARING:                    the Advisor. The Advisor will hire,
                                                      For the Commission, by the Division of
                                                                                                            An order granting the application will                 evaluate, allocate assets to and oversee
                                                    Trading and Markets, pursuant to delegated              be issued unless the Commission orders                 the Sub-Advisors, including
                                                    authority.19                                            a hearing. Interested persons may                      determining whether a Sub-Advisor
                                                    Eduardo A. Aleman,                                      request a hearing by writing to the                    should be terminated, at all times
                                                    Assistant Secretary.                                    Commission’s Secretary and serving                     subject to the authority of the Board.
                                                                                                            applicants with a copy of the request,                   2. Applicants request an exemption to
                                                    [FR Doc. 2017–12890 Filed 6–20–17; 8:45 am]
                                                                                                            personally or by mail. Hearing requests                permit the Advisor, subject to Board
                                                    BILLING CODE 8011–01–P
                                                                                                            should be received by the Commission                   approval, to hire a Non-Affiliated Sub-
                                                                                                            by 5:30 p.m. on July 11, 2017 and                      Advisor or a Wholly-Owned Sub-
                                                    SECURITIES AND EXCHANGE                                 should be accompanied by proof of                      Advisor, pursuant to Sub-Advisory
                                                    COMMISSION                                              service on the applicants, in the form of              Agreements and materially amend Sub-
                                                                                                            an affidavit or, for lawyers, a certificate
                                                    [Investment Company Act Release No.                     of service. Pursuant to rule 0–5 under                    1 Applicants request that the relief sought herein

                                                    32682; 812–14728]                                       the Act, hearing requests should state                 apply to the named Applicants, as well as to any
                                                                                                                                                                   future Series of the Trust and any other existing or
                                                    Westcore Trust and Denver Investment                    the nature of the writer’s interest, any               future registered open-end management investment
                                                    Advisors LLC; Notice of Application                     facts bearing upon the desirability of a               company or series thereof that intends to rely on the
                                                                                                            hearing on the matter, the reason for the              requested order in the future and that (i) is advised
                                                                                                                                                                   by the Advisor, its successors, and any entity
                                                    June 16, 2017.                                          request, and the issues contested.                     controlling, controlled by or under common control
                                                    AGENCY: Securities and Exchange                         Persons who wish to be notified of a                   with an Advisor or its successors (included in the
                                                    Commission (‘‘Commission’’).                            hearing may request notification by                    term ‘‘Advisor’’), (ii) uses the multi-manager
                                                                                                            writing to the Commission’s Secretary.                 structure described in this application, and (iii)
                                                    ACTION: Notice.
                                                                                                                                                                   complies with the terms and conditions of this
                                                                                                            ADDRESSES: Secretary, U.S. Securities                  application (each, a ‘‘Subadvised Series’’). For the
                                                      Notice of an application under section                and Exchange Commission, 100 F Street                  purposes of the requested order, ‘‘successor’’ is
                                                    6(c) of the Investment Company Act of                   NE., Washington, DC 20549–1090.                        limited to an entity resulting from a reorganization
                                                    1940 (‘‘Act’’) for an exemption from                    Applicants: c/o Peter H. Schwartz, Esq.,
                                                                                                                                                                   into another jurisdiction or a change in the type of
                                                    section 15(a) of the Act and rule 18f–2                                                                        business organization.
                                                                                                            Davis Graham & Stubbs LLP, 1550 17th                      2 The term ‘‘Board’’ includes the board of trustees
                                                    under the Act, as well as from certain                  Street, Suite 500, Denver, Colorado                    or directors of a future Subadvised Series.
                                                    disclosure requirements in rule 20a–1                   80202.                                                    3 A ‘‘Sub-Advisor’’ for a Series is (1) an indirect
                                                    under the Act, Item 19(a)(3) of Form N–                                                                        or direct ‘‘wholly-owned subsidiary’’ (as such term
                                                    1A, Items 22(c)(1)(ii), 22(c)(1)(iii),                  FOR FURTHER INFORMATION CONTACT:                       is defined in the Act) of the Advisor for that Series,
                                                                                                            Elizabeth G. Miller, Senior Counsel, at                or (2) a sister company of the Advisor for that Series
                                                      15 See                                                (202) 551–8707, or Aaron Gilbride,                     that is an indirect or direct ‘‘wholly-owned
                                                             id. at 21289–90.
                                                                                                                                                                   subsidiary’’ (as such term is defined in the Act) of
                                                      16 See id. at 21290.                                  Acting Branch Chief, at (202) 551–6906                 the same company that, indirectly or directly,
                                                      17 The Commission notes that the ability to           (Division of Investment Management,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                   wholly owns the Advisor (each of (1) and (2) a
                                                    designate such an exposure time period is               Chief Counsel’s Office).                               ‘‘Wholly-Owned Sub-Advisor’’ and collectively, the
                                                    consistent with the rules of other options                                                                     ‘‘Wholly-Owned Sub-Advisers’’), or (3) an
                                                    exchanges. See supra note 7. See also NASDAQ            SUPPLEMENTARY INFORMATION: The
                                                                                                                                                                   investment sub-adviser for that Series that is not an
                                                    Phlx Rule 1080(n)(ii)(A)(4), NASDAQ BX Options          following is a summary of the                          ‘‘affiliated person’’ (as such term is defined in
                                                    Rules Chapter VI, Section 9(ii)(A)(3), Nasdaq ISE       application. The complete application                  Section 2(a)(3) of the Act) of the Series or the
                                                    Rule 716, Supplementary Material .04, Nasdaq ISE                                                               Advisor, except to the extent that an affiliation
                                                    Rule 723(c)(1), CBOE Rule 6.74A(b)(1)(C), and
                                                                                                            may be obtained via the Commission’s
                                                                                                                                                                   arises solely because the Sub-Advisor serves as a
                                                    CBOE Rule 6.74B(b)(1)(C).                               Web site by searching for the file                     sub-adviser to one or more Series (each a ‘‘Non-
                                                      18 15 U.S.C. 78s(b)(2).                               number, or an applicant using the                      Affiliated Sub-Advisor’’ and collectively, the ‘‘Non-
                                                      19 17 CFR 200.30–3(a)(12).                            Company name box, at http://                           Affiliated Sub-Advisers’’).



                                               VerDate Sep<11>2014   19:12 Jun 20, 2017   Jkt 241001   PO 00000   Frm 00077   Fmt 4703   Sfmt 4703   E:\FR\FM\21JNN1.SGM   21JNN1



Document Created: 2018-11-14 10:09:15
Document Modified: 2018-11-14 10:09:15
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 28369 

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