82_FR_36178 82 FR 36031 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To Permit the Listing and Trading of Managed Portfolio Shares; and To List and Trade Shares of the Following Under Proposed Rule 14.11(k): ClearBridge Appreciation ETF; ClearBridge Large Cap ETF; ClearBridge MidCap Growth ETF; ClearBridge Select ETF; and ClearBridge All Cap Value ETF

82 FR 36031 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To Permit the Listing and Trading of Managed Portfolio Shares; and To List and Trade Shares of the Following Under Proposed Rule 14.11(k): ClearBridge Appreciation ETF; ClearBridge Large Cap ETF; ClearBridge MidCap Growth ETF; ClearBridge Select ETF; and ClearBridge All Cap Value ETF

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 147 (August 2, 2017)

Page Range36031-36032
FR Document2017-16267

Federal Register, Volume 82 Issue 147 (Wednesday, August 2, 2017)
[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Notices]
[Pages 36031-36032]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16267]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81247; File No. SR-BatsBZX-2017-30]


Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of 
Designation of a Longer Period for Commission Action on a Proposed Rule 
Change To Permit the Listing and Trading of Managed Portfolio Shares; 
and To List and Trade Shares of the Following Under Proposed Rule 
14.11(k): ClearBridge Appreciation ETF; ClearBridge Large Cap ETF; 
ClearBridge MidCap Growth ETF; ClearBridge Select ETF; and ClearBridge 
All Cap Value ETF

July 28, 2017.
    On June 1, 2017, Bats BZX Exchange, Inc. (``Exchange'') filed with 
the Securities and Exchange Commission (``Commission''), pursuant to 
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ 
and Rule 19b-4 thereunder, \2\ a proposed rule change to adopt new Rule 
14.11(k) to permit it to list and trade Managed Portfolio Shares. The 
Exchange also proposed to list and trade shares of ClearBridge 
Appreciation ETF, ClearBridge Large Cap ETF, ClearBridge MidCap Growth 
ETF, ClearBridge Select ETF, and ClearBridge All Cap Value ETF under 
proposed Rule 14.11(k). The proposed rule change was published for 
comment in the Federal Register on June 19, 2017.\3\ The Commission has 
received three comment letters on the proposed rule change.\4\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 80911 (June 13, 
2017), 82 FR 27925.
    \4\ See letters from: (1) Gary Gastineau, President, ETF 
Consultants.com, Inc., dated July 7, 2017; (2) Todd J. Broms, Chief 
Executive Officer, Broms & Company LLC, dated July 10, 2017; and (3) 
James J. Angel, Associate Professor of Finance, Georgetown 
University, McDonough School of Business, dated July 10, 2017. The 
comment letters are available at https://www.sec.gov/comments/sr-batsbzx-2017-30/batsbzx201730.htm.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that, within 45 days of 
the publication of notice of the filing of a proposed rule change, or 
within such longer period up to 90 days as the Commission may designate 
if it finds such longer period to be appropriate and publishes its 
reasons for so finding or as to which the self-regulatory organization 
consents, the Commission shall either approve the proposed rule change, 
disapprove the proposed rule change, or institute proceedings to 
determine whether the proposed rule change should be disapproved. The 
45th day after publication of the notice for this proposed rule change 
is August 3, 2017. The Commission is extending this 45-day time period.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer 
period within which to take action on the proposed rule change so that 
it has sufficient time to consider the proposed rule change and the 
comment letters. Accordingly, the Commission, pursuant to Section 
19(b)(2) of the Act,\6\ designates September 17, 2017, as the date by 
which the Commission shall either approve or disapprove, or institute 
proceedings to determine whether to disapprove, the proposed rule 
change (File Number SR-BatsBZX-2017-30).
---------------------------------------------------------------------------

    \6\ Id.


[[Page 36032]]


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

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-16267 Filed 8-1-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                           Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices                                                        36031

                                                A copy of each application may be                       any offering of securities. Applicant will              thereunder, 2 a proposed rule change to
                                                obtained via the Commission’s Web site                  continue to operate as a private                        adopt new Rule 14.11(k) to permit it to
                                                by searching for the file number, or for                investment fund in reliance on section                  list and trade Managed Portfolio Shares.
                                                an applicant using the Company name                     3(c)(7) of the Act.                                     The Exchange also proposed to list and
                                                box, at http://www.sec.gov/search/                         Filing Dates: The application was                    trade shares of ClearBridge Appreciation
                                                search.htm or by calling (202) 551–                     filed on July 6, 2017 and amended on                    ETF, ClearBridge Large Cap ETF,
                                                8090. An order granting each                            July 18, 2017.                                          ClearBridge MidCap Growth ETF,
                                                application will be issued unless the                      Applicant’s Address: 599 Lexington                   ClearBridge Select ETF, and ClearBridge
                                                SEC orders a hearing. Interested persons                Avenue, 19th Floor, New York, New                       All Cap Value ETF under proposed Rule
                                                may request a hearing on any                            York 10022.                                             14.11(k). The proposed rule change was
                                                application by writing to the SEC’s
                                                                                                        RiverSource Tax-Exempt Series, Inc.                     published for comment in the Federal
                                                Secretary at the address below and
                                                                                                        [File No. 811–02686]                                    Register on June 19, 2017.3 The
                                                serving the relevant applicant with a
                                                copy of the request, personally or by                      Summary: Applicant seeks an order                    Commission has received three
                                                mail. Hearing requests should be                        declaring that it has ceased to be an                   comment letters on the proposed rule
                                                received by the SEC by 5:30 p.m. on                     investment company. Applicant has                       change.4
                                                August 22, 2017, and should be                          transferred its assets to Columbia                         Section 19(b)(2) of the Act 5 provides
                                                accompanied by proof of service on                      Intermediate Municipal Bond Fund, a                     that, within 45 days of the publication
                                                applicants, in the form of an affidavit or,             series of Columbia Funds Series Trust I,                of notice of the filing of a proposed rule
                                                for lawyers, a certificate of service.                  and, on June 6, 2011, made a final                      change, or within such longer period up
                                                Pursuant to Rule 0–5 under the Act,                     distribution to its shareholders based on               to 90 days as the Commission may
                                                hearing requests should state the nature                net asset value. Expenses of                            designate if it finds such longer period
                                                of the writer’s interest, any facts bearing             approximately $183,001 incurred in                      to be appropriate and publishes its
                                                upon the desirability of a hearing on the               connection with the reorganization were                 reasons for so finding or as to which the
                                                matter, the reason for the request, and                 paid by applicant’s investment adviser.                 self-regulatory organization consents,
                                                the issues contested. Persons who wish                     Filing Dates: The application was                    the Commission shall either approve the
                                                to be notified of a hearing may request                 filed on December 16, 2016, and                         proposed rule change, disapprove the
                                                notification by writing to the                          amended on July 17, 2017.                               proposed rule change, or institute
                                                Commission’s Secretary.                                    Applicant’s Address: 50606
                                                                                                                                                                proceedings to determine whether the
                                                  Address: The Commission: Secretary,                   Ameriprise Financial Center,
                                                U.S. Securities and Exchange                                                                                    proposed rule change should be
                                                                                                        Minneapolis, Minnesota 55474.
                                                Commission, 100 F Street NE.,                                                                                   disapproved. The 45th day after
                                                                                                          For the Commission, by the Division of                publication of the notice for this
                                                Washington, DC 20549–1090.                              Investment Management, pursuant to
                                                  For Further Information Contact:                                                                              proposed rule change is August 3, 2017.
                                                                                                        delegated authority.
                                                Jessica Shin, Attorney-Adviser, at (202)                                                                        The Commission is extending this 45-
                                                                                                        Brent J. Fields,
                                                551–5921 or Chief Counsel’s Office at                                                                           day time period.
                                                                                                        Secretary.
                                                (202) 551–6821; SEC, Division of                                                                                   The Commission finds that it is
                                                                                                        [FR Doc. 2017–16273 Filed 8–1–17; 8:45 am]
                                                Investment Management, Chief                                                                                    appropriate to designate a longer period
                                                                                                        BILLING CODE 8011–01–P
                                                Counsel’s Office, 100 F Street NE.,                                                                             within which to take action on the
                                                Washington, DC 20549–8010.                                                                                      proposed rule change so that it has
                                                Susa Registered Fund, L.L.C. [File No.                  SECURITIES AND EXCHANGE                                 sufficient time to consider the proposed
                                                811–22924]                                              COMMISSION                                              rule change and the comment letters.
                                                   Summary: Applicant, a closed-end                                                                             Accordingly, the Commission, pursuant
                                                                                                        [Release No. 34–81247; File No. SR-                     to Section 19(b)(2) of the Act,6
                                                investment company, seeks an order                      BatsBZX–2017–30]
                                                declaring that it has ceased to be an                                                                           designates September 17, 2017, as the
                                                investment company. On June 19, 2017                    Self-Regulatory Organizations; Bats                     date by which the Commission shall
                                                and July 21, 2017, applicant made                       BZX Exchange, Inc.; Notice of                           either approve or disapprove, or
                                                liquidating distributions to its                        Designation of a Longer Period for                      institute proceedings to determine
                                                shareholders, based on net asset value.                 Commission Action on a Proposed                         whether to disapprove, the proposed
                                                Expenses of approximately $27,000                       Rule Change To Permit the Listing and                   rule change (File Number SR–BatsBZX–
                                                incurred in connection with the                         Trading of Managed Portfolio Shares;                    2017–30).
                                                liquidation were paid by the applicant.                 and To List and Trade Shares of the
                                                   Filing Dates: The application was                    Following Under Proposed Rule
                                                filed on June 27, 2017 and amended on                   14.11(k): ClearBridge Appreciation
                                                July 24, 2017.                                          ETF; ClearBridge Large Cap ETF;
                                                   Applicant’s Address: 4400 Computer                   ClearBridge MidCap Growth ETF;                            2 17   CFR 240.19b–4.
                                                Drive, Westborough, Massachusetts                       ClearBridge Select ETF; and                               3 See   Securities Exchange Act Release No. 80911
                                                01581.                                                  ClearBridge All Cap Value ETF                           (June 13, 2017), 82 FR 27925.
                                                                                                                                                                   4 See letters from: (1) Gary Gastineau, President,
                                                Ramius Archview Credit & Distressed                     July 28, 2017.                                          ETF Consultants.com, Inc., dated July 7, 2017; (2)
                                                Fund [File No. 811–23056]                                                                                       Todd J. Broms, Chief Executive Officer, Broms &
sradovich on DSKBCFCHB2PROD with NOTICES




                                                                                                           On June 1, 2017, Bats BZX Exchange,
                                                                                                                                                                Company LLC, dated July 10, 2017; and (3) James
                                                  Summary: Applicant, a closed-end                      Inc. (‘‘Exchange’’) filed with the
                                                                                                                                                                J. Angel, Associate Professor of Finance,
                                                investment company, seeks an order                      Securities and Exchange Commission                      Georgetown University, McDonough School of
                                                declaring that it has ceased to be an                   (‘‘Commission’’), pursuant to Section                   Business, dated July 10, 2017. The comment letters
                                                investment company. Applicant                           19(b)(1) of the Securities Exchange Act                 are available at https://www.sec.gov/comments/sr-
                                                currently has three beneficial owners, is               of 1934 (‘‘Act’’) 1 and Rule 19b–4                      batsbzx-2017–30/batsbzx201730.htm.
                                                not presently making an offering of                                                                                5 15 U.S.C. 78s(b)(2).

                                                securities and does not propose to make                   1 15   U.S.C. 78s(b)(1).                                 6 Id.




                                           VerDate Sep<11>2014   19:43 Aug 01, 2017   Jkt 241001   PO 00000   Frm 00106     Fmt 4703   Sfmt 4703   E:\FR\FM\02AUN1.SGM    02AUN1


                                                36032                           Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices

                                                  For the Commission, by the Division of                  dealer registered under the Securities                 at their NAV in Creation Units only. All
                                                Trading and Markets, pursuant to delegated                Exchange Act of 1934 (‘‘Exchange Act’’).               orders to purchase Creation Units and
                                                authority.7                                                                                                      all redemption requests will be placed
                                                                                                          FILING DATES: The application was filed
                                                Eduardo A. Aleman,                                        on February 21, 2017, and amended on                   by or through an ‘‘Authorized
                                                Assistant Secretary.                                      May 11, 2017 and July 12, 2017.                        Participant’’, which will have signed a
                                                [FR Doc. 2017–16267 Filed 8–1–17; 8:45 am]                HEARING OR NOTIFICATION OF HEARING:                    participant agreement with the
                                                BILLING CODE 8011–01–P                                    An order granting the requested relief                 Distributor. Shares will be listed and
                                                                                                          will be issued unless the Commission                   traded individually on a national
                                                                                                          orders a hearing. Interested persons may               securities exchange, where share prices
                                                SECURITIES AND EXCHANGE                                   request a hearing by writing to the                    will be based on the current bid/offer
                                                COMMISSION                                                Commission’s Secretary and serving                     market. Any order granting the
                                                [Investment Company Act Release No.                       applicants with a copy of the request,                 requested relief would be subject to the
                                                32763; 812–14746]                                         personally or by mail. Hearing requests                terms and conditions stated in the
                                                                                                          should be received by the Commission                   application.
                                                Change Finance, PBC, et al.                               by 5:30 p.m. on August 21, 2017, and                      2. Each Fund will hold investment
                                                                                                          should be accompanied by proof of                      positions selected to correspond closely
                                                July 27, 2017.
                                                                                                          service on applicants, in the form of an               to the performance of an Underlying
                                                AGENCY: Securities and Exchange                                                                                  Index. In the case of Self-Indexing
                                                Commission (‘‘Commission’’).                              affidavit, or for lawyers, a certificate of
                                                                                                          service. Pursuant to rule 0–5 under the                Funds, an affiliated person, as defined
                                                ACTION: Notice.                                                                                                  in section 2(a)(3) of the Act (‘‘Affiliated
                                                                                                          Act, hearing requests should state the
                                                   Notice of an application for an order                  nature of the writer’s interest, any facts             Person’’), or an affiliated person of an
                                                under section 6(c) of the Investment                      bearing upon the desirability of a                     Affiliated Person (‘‘Second-Tier
                                                Company Act of 1940 (the ‘‘Act’’) for an                  hearing on the matter, the reason for the              Affiliate’’), of the Trust or a Fund, of the
                                                exemption from sections 2(a)(32),                         request, and the issues contested.                     Adviser, of any sub-adviser to or
                                                5(a)(1), 22(d), and 22(e) of the Act and                  Persons who wish to be notified of a                   promoter of a Fund, or of the Distributor
                                                rule 22c–1 under the Act, under                           hearing may request notification by                    will compile, create, sponsor or
                                                sections 6(c) and 17(b) of the Act for an                 writing to the Commission’s Secretary.                 maintain the Underlying Index.2
                                                exemption from sections 17(a)(1) and                      ADDRESSES: Secretary, Securities and                      3. Shares will be purchased and
                                                17(a)(2) of the Act, and under section                    Exchange Commission, 100 F Street NE.,                 redeemed in Creation Units and
                                                12(d)(1)(J) for an exemption from                         Washington, DC 20549–1090;                             generally on an in-kind basis. Except
                                                sections 12(d)(1)(A) and 12(d)(1)(B) of                   Applicants: The Initial Adviser, 705                   where the purchase or redemption will
                                                the Act. The requested order would                        Grand View Drive, Alexandria, Virginia                 include cash under the limited
                                                permit (a) index-based series of certain                  22305; the Trust and the Distributor,                  circumstances specified in the
                                                open-end management investment                            615 East Michigan Street, 4th Floor,                   application, purchasers will be required
                                                companies (‘‘Funds’’) to issue shares                     Milwaukee, Wisconsin 53202.                            to purchase Creation Units by
                                                redeemable in large aggregations only                     FOR FURTHER INFORMATION CONTACT:                       depositing specified instruments
                                                (‘‘Creation Units’’); (b) secondary market                Elizabeth G. Miller, Senior Counsel, at                (‘‘Deposit Instruments’’), and
                                                transactions in Fund shares to occur at                   (202) 551–8707, or Aaron T. Gilbride,                  shareholders redeeming their shares
                                                negotiated market prices rather than at                   Acting Branch Chief, at (202) 551–6825                 will receive specified instruments
                                                net asset value (‘‘NAV’’); (c) certain                    (Division of Investment Management,                    (‘‘Redemption Instruments’’). The
                                                Funds to pay redemption proceeds,                         Chief Counsel’s Office).                               Deposit Instruments and the
                                                under certain circumstances, more than                    SUPPLEMENTARY INFORMATION: The
                                                                                                                                                                 Redemption Instruments will each
                                                seven days after the tender of shares for                 following is a summary of the                          correspond pro rata to the positions in
                                                redemption; (d) certain affiliated                        application. The complete application                  the Fund’s portfolio (including cash
                                                persons of a Fund to deposit securities                   may be obtained via the Commission’s                   positions) except as specified in the
                                                into, and receive securities from, the                    Web site by searching for the file                     application.
                                                Fund in connection with the purchase                                                                                4. Because shares will not be
                                                                                                          number, or for an applicant using the
                                                and redemption of Creation Units; and                                                                            individually redeemable, applicants
                                                                                                          Company name box, at http://
                                                (e) certain registered management                         www.sec.gov/search/search.htm or by                    request an exemption from section
                                                investment companies and unit                             calling (202) 551–8090.                                5(a)(1) and section 2(a)(32) of the Act
                                                investment trusts outside of the same                                                                            that would permit the Funds to register
                                                                                                          Summary of the Application                             as open-end management investment
                                                group of investment companies as the
                                                Funds (‘‘Funds of Funds’’) to acquire                       1. Applicants request an order that                  companies and issue shares that are
                                                shares of the Funds.                                      would allow Funds to operate as index                  redeemable in Creation Units only.
                                                                                                          exchange traded funds (‘‘ETFs’’).1 Fund                   5. Applicants also request an
                                                APPLICANTS: Change Finance, PBC (the
                                                                                                          shares will be purchased and redeemed                  exemption from section 22(d) of the Act
                                                ‘‘Initial Adviser’’), a Colorado public                                                                          and rule 22c–1 under the Act as
                                                benefit corporation that will be                             1 Applicants request that the order apply to the    secondary market trading in shares will
                                                registered as an investment adviser                       new series of the Trust and any additional series of   take place at negotiated prices, not at a
                                                under the Investment Advisers Act of                      the Trust, and any other open-end management           current offering price described in a
                                                1940, ETF Series Solutions (the                           investment company or series thereof, that may be
                                                                                                                                                                 Fund’s prospectus, and not at a price
                                                                                                          created in the future (each, included in the term
sradovich on DSKBCFCHB2PROD with NOTICES




                                                ‘‘Trust’’), a Delaware statutory trust
                                                                                                          ‘‘Fund’’), each of which will operate as an ETF and
                                                registered under the Act as an open-end                   will track a specified index comprised of domestic        2 Each Self-Indexing Fund will post on its Web
                                                management investment company with                        or foreign equity and/or fixed income securities       site the identities and quantities of the investment
                                                multiple series, and Quasar Distributors,                 (each, an ‘‘Underlying Index’’). Any Fund will (a)     positions that will form the basis for the Fund’s
                                                LLC (the ‘‘Distributor’’), a Delaware                     be advised by the Initial Adviser or an entity         calculation of its NAV at the end of the day.
                                                                                                          controlling, controlled by, or under common            Applicants believe that requiring Self-Indexing
                                                limited liability company and broker-                     control with the Initial Adviser (each, an             Funds to maintain full portfolio transparency will
                                                                                                          ‘‘Adviser’’) and (b) comply with the terms and         help address, together with other protections,
                                                  7 17   CFR 200.30–3(a)(31).                             conditions of the application.                         conflicts of interest with respect to such Funds.



                                           VerDate Sep<11>2014     19:43 Aug 01, 2017   Jkt 241001   PO 00000   Frm 00107   Fmt 4703   Sfmt 4703   E:\FR\FM\02AUN1.SGM   02AUN1



Document Created: 2017-08-02 07:09:21
Document Modified: 2017-08-02 07:09:21
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 36031 

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