82_FR_39781 82 FR 39621 - Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice of Filing of a Proposed Rule Change Regarding Recordkeeping Requirements

82 FR 39621 - Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice of Filing of a Proposed Rule Change Regarding Recordkeeping Requirements

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 160 (August 21, 2017)

Page Range39621-39622
FR Document2017-17549

Federal Register, Volume 82 Issue 160 (Monday, August 21, 2017)
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Notices]
[Pages 39621-39622]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17549]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81402; File No. SR-CFE-2017-002]


Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice 
of Filing of a Proposed Rule Change Regarding Recordkeeping 
Requirements

August 15, 2017.
    Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on August 7, 2017 CBOE 
Futures Exchange, LLC (``CFE'' or ``Exchange'') filed with the 
Securities and Exchange Commission (``SEC'' or ``Commission'') the 
proposed rule change described in Items I, II, and III below, which 
Items have been prepared by CFE. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons. CFE also has filed this proposed rule change with the 
Commodity Futures Trading Commission (``CFTC''). CFE filed a written 
certification with the CFTC under Section 5c(c) of the Commodity 
Exchange Act (``CEA'') \2\ on August 7, 2017.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 7 U.S.C. 7a-2(c).
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I. Self-Regulatory Organization's Description of the Proposed Rule 
Change

    The Exchange proposes to amend CFE Rules 502 and 535 related to 
recordkeeping requirements. The scope of this filing is limited solely 
to the application of the proposed rule amendments to security futures 
that may be traded on CFE. Although no security futures are currently 
listed for trading on CFE, CFE may list security futures for trading in 
the future. The text of the proposed rule change is attached as Exhibit 
4 to the filing but is not attached to the publication of this notice.

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

    In its filing with the Commission, CFE 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 these statements may be examined at the places specified in 
Item IV below. CFE has prepared summaries, set forth in Sections A, B, 
and C below, of the most significant aspects of such statements.

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

1. Purpose
    CFE Rule 502 sets forth CFE's requirements relating to record 
retention periods and the inspection and delivery of books and records. 
CFE Rule 535 provides that any CFE Trading Privilege Holder subject to 
CFTC Regulation 1.31 \3\ that violates CFTC Regulation 1.31 shall be 
deemed to have violated Rule 535. Rule 535 also includes the text of 
CFTC Regulation 1.31 within Rule 535.
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    \3\ 17 CFR 1.31.
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    The CFTC recently issued a final rulemaking regarding recordkeeping 
requirements which amends CFTC Regulation 1.31.\4\ The amendments to 
CFTC Regulation 1.31 become effective on August 28, 2017. CFE is 
proposing to amend Rules 502 and 535 to conform them to amended CFTC 
Regulation 1.31. Rule 502 continues to provide for a five year record 
retention period consistent with CFTC Regulation 1.31. In conformity 
with amended CFTC Regulation 1.31, CFE is proposing to amend Rule 502 
to provide that required books and records exclusively created and 
maintained on paper shall be readily accessible during the first two 
years of that five year period and that electronic books and records 
shall be readily accessible for the entire five year period. CFE is 
proposing to amend Rule 535 to replace the previous text of CFTC 
Regulation 1.31 with the new text of CFTC Regulation 1.31. CFE is 
proposing to amend Rule 535 to modernize and make technology neutral 
the form and manner in which regulatory records must be kept, as well 
as rationalize the current rule text for ease of understanding, 
consistent with the changes made to CFTC Regulation 1.31. Specifically, 
the proposed changes to Rule 535 eliminate the requirement for a 
records entity to: (1) Keep electronic regulatory records in their 
native file format; (2) retain any electronic record in a non-
rewritable, non-erasable format; and (3) engage a third-party technical 
consultant.
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    \4\ 82 FR 24479 (May 30, 2017).

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[[Page 39622]]

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\5\ in general, and furthers the 
objectives of Sections 6(b)(5) \6\ and 6(b)(7) \7\ in particular in 
that it is designed:
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 15 U.S.C. 78f(b)(7).
---------------------------------------------------------------------------

     To prevent fraudulent and manipulative acts and practices,
     to promote just and equitable principles of trade, and
     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.
    The proposed rule change would align CFE's rules related to 
recordkeeping with the CFTC's amended recordkeeping requirements. The 
Exchange believes that the proposed rule change furthers the ability of 
the Exchange to regulate its market by providing for updated and 
enhanced recordkeeping requirements (which include, among other things, 
a requirement to keep electronic records readily accessible for a [sic] 
five years).

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

    CFE does not believe that the proposed rule change will impose any 
burden on competition not necessary or appropriate in furtherance of 
the purposes of the Act, in that the proposed rule change is consistent 
with the CFTC's amended recordkeeping requirements. The Exchange 
believes that the proposed rule change is equitable and not unfairly 
discriminatory in that the rule amendments included in the proposed 
rule change would apply equally to all CFE Trading Privilege Holders.

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

    The proposed rule change will become operative on August 28, 2017. 
At any time within 60 days of the date of effectiveness of the proposed 
rule change, the Commission, after consultation with the CFTC, may 
summarily abrogate the proposed rule change and require that the 
proposed rule change be refiled in accordance with the provisions of 
Section 19(b)(1) of the Act.\8\
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    \8\ 15 U.S.C. 78s(b)(1).
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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 rule-comments@sec.gov. Please include 
File Number SR-CFE-2017-002 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-CFE-2017-002. 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 such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CFE-2017-002, and should be 
submitted on or before September 11, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(73).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-17549 Filed 8-18-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices                                               39621

                                                    FOR FURTHER INFORMATION CONTACT:                          This Notice will be published in the                 purpose of and basis for the proposed
                                                    David A. Trissell, General Counsel, at                  Federal Register.                                      rule change and discussed any
                                                    202–789–6820.                                                                                                  comments it received on the proposed
                                                                                                            Stacy L. Ruble,
                                                    SUPPLEMENTARY INFORMATION:                                                                                     rule change. The text of these statements
                                                                                                            Secretary.                                             may be examined at the places specified
                                                    Table of Contents                                       [FR Doc. 2017–17592 Filed 8–18–17; 8:45 am]            in Item IV below. CFE has prepared
                                                    I. Introduction                                         BILLING CODE 7710–FW–P                                 summaries, set forth in Sections A, B,
                                                    II. Docketed Proceeding(s)                                                                                     and C below, of the most significant
                                                                                                                                                                   aspects of such statements.
                                                    I. Introduction                                         SECURITIES AND EXCHANGE
                                                                                                            COMMISSION                                             A. Self-Regulatory Organization’s
                                                      The Commission gives notice that the
                                                                                                                                                                   Statement of the Purpose of, and
                                                    Postal Service filed request(s) for the                 [Release No. 34–81402; File No. SR–CFE–                Statutory Basis for, the Proposed Rule
                                                    Commission to consider matters related                  2017–002]                                              Change
                                                    to rates not of general applicability for
                                                    Inbound Parcel Post (at Universal Postal                Self-Regulatory Organizations; CBOE                    1. Purpose
                                                    Union (UPU) Rates).                                     Futures Exchange, LLC; Notice of                          CFE Rule 502 sets forth CFE’s
                                                      Section II identifies the docket                      Filing of a Proposed Rule Change                       requirements relating to record retention
                                                    number(s) associated with each Postal                   Regarding Recordkeeping                                periods and the inspection and delivery
                                                    Service request, the title of each Postal               Requirements                                           of books and records. CFE Rule 535
                                                    Service request, the request’s acceptance                                                                      provides that any CFE Trading Privilege
                                                                                                            August 15, 2017.
                                                    date, and the authority cited by the                                                                           Holder subject to CFTC Regulation
                                                    Postal Service for each request. For each                  Pursuant to Section 19(b)(7) of the
                                                                                                            Securities Exchange Act of 1934                        1.31 3 that violates CFTC Regulation
                                                    request, the Commission appoints an                                                                            1.31 shall be deemed to have violated
                                                    officer of the Commission to represent                  (‘‘Act’’),1 notice is hereby given that on
                                                                                                            August 7, 2017 CBOE Futures Exchange,                  Rule 535. Rule 535 also includes the
                                                    the interests of the general public in the                                                                     text of CFTC Regulation 1.31 within
                                                    proceeding, pursuant to 39 U.S.C. 505                   LLC (‘‘CFE’’ or ‘‘Exchange’’) filed with
                                                                                                            the Securities and Exchange                            Rule 535.
                                                    (Public Representative). Section II also                                                                          The CFTC recently issued a final
                                                    establishes comment deadline(s)                         Commission (‘‘SEC’’ or ‘‘Commission’’)
                                                                                                            the proposed rule change described in                  rulemaking regarding recordkeeping
                                                    pertaining to each request.                                                                                    requirements which amends CFTC
                                                                                                            Items I, II, and III below, which Items
                                                      The public portions of the Postal                                                                            Regulation 1.31.4 The amendments to
                                                                                                            have been prepared by CFE. The
                                                    Service’s request(s) can be accessed via                                                                       CFTC Regulation 1.31 become effective
                                                                                                            Commission is publishing this notice to
                                                    the Commission’s Web site (http://                                                                             on August 28, 2017. CFE is proposing to
                                                                                                            solicit comments on the proposed rule
                                                    www.prc.gov). Non-public portions of                                                                           amend Rules 502 and 535 to conform
                                                                                                            change from interested persons. CFE
                                                    the Postal Service’s request(s), if any,                                                                       them to amended CFTC Regulation 1.31.
                                                                                                            also has filed this proposed rule change
                                                    can be accessed through compliance                                                                             Rule 502 continues to provide for a five
                                                                                                            with the Commodity Futures Trading
                                                    with the requirements of 39 CFR                                                                                year record retention period consistent
                                                                                                            Commission (‘‘CFTC’’). CFE filed a
                                                    3007.40.                                                                                                       with CFTC Regulation 1.31. In
                                                                                                            written certification with the CFTC
                                                      The Commission invites comments on                    under Section 5c(c) of the Commodity                   conformity with amended CFTC
                                                    whether the Postal Service’s request(s)                 Exchange Act (‘‘CEA’’) 2 on August 7,                  Regulation 1.31, CFE is proposing to
                                                    in the captioned docket(s) are consistent               2017.                                                  amend Rule 502 to provide that required
                                                    with the policies of title 39. For                                                                             books and records exclusively created
                                                    request(s) that the Postal Service states               I. Self-Regulatory Organization’s                      and maintained on paper shall be
                                                    concern market dominant product(s),                     Description of the Proposed Rule                       readily accessible during the first two
                                                    applicable statutory and regulatory                     Change                                                 years of that five year period and that
                                                    requirements include 39 U.S.C. 3622, 39                    The Exchange proposes to amend CFE                  electronic books and records shall be
                                                    U.S.C. 3642, 39 CFR part 3010, and 39                   Rules 502 and 535 related to                           readily accessible for the entire five year
                                                    CFR part 3020, subpart B. For request(s)                recordkeeping requirements. The scope                  period. CFE is proposing to amend Rule
                                                    that the Postal Service states concern                  of this filing is limited solely to the                535 to replace the previous text of CFTC
                                                    competitive product(s), applicable                      application of the proposed rule                       Regulation 1.31 with the new text of
                                                    statutory and regulatory requirements                   amendments to security futures that                    CFTC Regulation 1.31. CFE is proposing
                                                    include 39 U.S.C. 3632, 39 U.S.C. 3633,                 may be traded on CFE. Although no                      to amend Rule 535 to modernize and
                                                    39 U.S.C. 3642, 39 CFR part 3015, and                   security futures are currently listed for              make technology neutral the form and
                                                    39 CFR part 3020, subpart B. Comment                    trading on CFE, CFE may list security                  manner in which regulatory records
                                                    deadline(s) for each request appear in                  futures for trading in the future. The text            must be kept, as well as rationalize the
                                                    section II.                                             of the proposed rule change is attached                current rule text for ease of
                                                    II. Docketed Proceeding(s)                              as Exhibit 4 to the filing but is not                  understanding, consistent with the
                                                                                                            attached to the publication of this                    changes made to CFTC Regulation 1.31.
                                                      1. Docket No(s).: CP2017–267; Filing                  notice.                                                Specifically, the proposed changes to
                                                    Title: Notice of the United States Postal                                                                      Rule 535 eliminate the requirement for
                                                                                                            II. Self-Regulatory Organization’s
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Service of Filing Changes in Rates Not                                                                         a records entity to: (1) Keep electronic
                                                    of General Applicability for Certain                    Statement of the Purpose of, and                       regulatory records in their native file
                                                    Inbound Parcel Post (at UPU Rates), and                 Statutory Basis for, the Proposed Rule                 format; (2) retain any electronic record
                                                    Application for Non-Public Treatment;                   Change                                                 in a non-rewritable, non-erasable
                                                    Filing Acceptance Date: August 15,                         In its filing with the Commission, CFE              format; and (3) engage a third-party
                                                    2017; Filing Authority: 39 U.S.C. 3633                  included statements concerning the                     technical consultant.
                                                    and 39 CFR 3015.5; Public
                                                    Representative: Katalin K. Clendenin;                     1 15  U.S.C. 78s(b)(7).                                3 17   CFR 1.31.
                                                    Comments Due: August 23, 2017.                            27   U.S.C. 7a–2(c).                                   4 82   FR 24479 (May 30, 2017).



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                                                    39622                         Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices

                                                    2. Statutory Basis                                       rule change be refiled in accordance                      For the Commission, by the Division of
                                                                                                             with the provisions of Section 19(b)(1)                 Trading and Markets, pursuant to delegated
                                                       The Exchange believes that the                                                                                authority.9
                                                    proposed rule change is consistent with                  of the Act.8
                                                                                                                                                                     Eduardo A. Aleman,
                                                    Section 6(b) of the Act,5 in general, and                IV. Solicitation of Comments                            Assistant Secretary.
                                                    furthers the objectives of Sections
                                                                                                               Interested persons are invited to                     [FR Doc. 2017–17549 Filed 8–18–17; 8:45 am]
                                                    6(b)(5) 6 and 6(b)(7) 7 in particular in
                                                    that it is designed:                                     submit written data, views, and                         BILLING CODE 8011–01–P

                                                       • To prevent fraudulent and                           arguments concerning the foregoing,
                                                    manipulative acts and practices,                         including whether the proposed rule
                                                       • to promote just and equitable                       change is consistent with the Act.                      SECURITIES AND EXCHANGE
                                                    principles of trade, and                                 Comments may be submitted by any of                     COMMISSION
                                                       • to remove impediments to and                        the following methods:                                  [Release No. 34–81399; File No. SR–LCH
                                                    perfect the mechanism of a free and                                                                              SA–2017–007]
                                                    open market and a national market                        Electronic Comments
                                                    system, and in general, to protect                         • Use the Commission’s Internet                       Self-Regulatory Organizations; LCH
                                                    investors and the public interest.                       comment form (http://www.sec.gov/                       SA; Notice of Filing of Proposed Rule
                                                       The proposed rule change would                        rules/sro.shtml); or                                    Change Relating to Margin Framework
                                                    align CFE’s rules related to                                                                                     and Default Fund Methodology for
                                                                                                               • Send an email to rule-comments@                     Options on Index Credit Default Swaps
                                                    recordkeeping with the CFTC’s
                                                                                                             sec.gov. Please include File Number SR–
                                                    amended recordkeeping requirements.                                                                              August 15, 2017.
                                                                                                             CFE–2017–002 on the subject line.
                                                    The Exchange believes that the
                                                                                                                                                                        Pursuant to Section 19(b)(1) of the
                                                    proposed rule change furthers the                        Paper Comments                                          Securities Exchange Act of 1934
                                                    ability of the Exchange to regulate its
                                                    market by providing for updated and                        • Send paper comments in triplicate                   (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                             to Secretary, Securities and Exchange                   notice is hereby given that on August 1,
                                                    enhanced recordkeeping requirements                                                                              2017, Banque Centrale de
                                                    (which include, among other things, a                    Commission, 100 F Street NE.,
                                                                                                             Washington, DC 20549–1090.                              Compensation, which conducts
                                                    requirement to keep electronic records                                                                           business under the name LCH SA (‘‘LCH
                                                    readily accessible for a [sic] five years).                 All submissions should refer to File                 SA’’), filed with the Securities and
                                                    B. Self-Regulatory Organization’s                        Number SR–CFE–2017–002. This file                       Exchange Commission (‘‘Commission’’)
                                                    Statement on Burden on Competition                       number should be included on the                        the proposed rule change described in
                                                                                                             subject line if email is used. To help the              Items I, II, and III below, which Items
                                                      CFE does not believe that the                          Commission process and review your                      have been prepared primarily by LCH
                                                    proposed rule change will impose any                     comments more efficiently, please use                   SA. The Commission is publishing this
                                                    burden on competition not necessary or                   only one method. The Commission will                    notice to solicit comments on the
                                                    appropriate in furtherance of the                        post all comments on the Commission’s                   proposed rule change from interested
                                                    purposes of the Act, in that the                         Internet Web site (http://www.sec.gov/                  persons.
                                                    proposed rule change is consistent with                  rules/sro.shtml). Copies of the
                                                    the CFTC’s amended recordkeeping                         submission, all subsequent                              I. Clearing Agency’s Statement of the
                                                    requirements. The Exchange believes                      amendments, all written statements                      Terms of Substance of the Proposed
                                                    that the proposed rule change is                         with respect to the proposed rule                       Rule Change
                                                    equitable and not unfairly                               change that are filed with the                             LCH SA is proposing to amend its (i)
                                                    discriminatory in that the rule                          Commission, and all written                             Reference Guide: CDS Margin
                                                    amendments included in the proposed                      communications relating to the                          Framework (‘‘CDSClear Margin
                                                    rule change would apply equally to all                   proposed rule change between the                        Framework’’ or ‘‘Framework’’) and (ii)
                                                    CFE Trading Privilege Holders.                           Commission and any person, other than                   CDSClear Default Fund Methodology
                                                    C. Self-Regulatory Organization’s                        those that may be withheld from the                     (‘‘Default Fund Methodology’’) to
                                                    Statement on Comments on the                             public in accordance with the                           incorporate terms and to make
                                                    Proposed Rule Change Received From                       provisions of 5 U.S.C. 552, will be                     conforming and clarifying changes to
                                                    Members, Participants, or Others                         available for Web site viewing and                      allow options on index credit default
                                                                                                             printing in the Commission’s Public                     swaps (‘‘CDS Options’’) to be cleared by
                                                      No written comments were solicited                                                                             LCH SA.3 A separate proposed rule
                                                                                                             Reference Room, 100 F Street NE.,
                                                    or received with respect to the proposed                                                                         change has been submitted concurrently
                                                                                                             Washington, DC 20549, on official
                                                    rule change.                                                                                                     (SR–LCH SA–2017–006) with respect to
                                                                                                             business days between the hours of
                                                    III. Date of Effectiveness of the                        10:00 a.m. and 3:00 p.m. Copies of such                 amendments to LCH SA’s rule book and
                                                    Proposed Rule Change and Timing for                      filing also will be available for                       other relevant procedures to incorporate
                                                    Commission Action                                        inspection and copying at the principal                 terms and to make conforming and
                                                                                                             office of the Exchange. All comments                    clarifying changes to allow options on
                                                       The proposed rule change will
                                                                                                             received will be posted without change;                 index credit default swaps (‘‘CDS’’) to
                                                    become operative on August 28, 2017.
                                                                                                             the Commission does not edit personal                   be cleared by LCH SA. The launch of
                                                    At any time within 60 days of the date
                                                                                                             identifying information from                            clearing CDS Options will be contingent
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    of effectiveness of the proposed rule
                                                                                                             submissions. You should submit only                     on LCH SA’s receipt of all necessary
                                                    change, the Commission, after
                                                                                                             information that you wish to make                       regulatory approvals, including the
                                                    consultation with the CFTC, may
                                                    summarily abrogate the proposed rule                     available publicly. All submissions
                                                                                                                                                                       9 17 CFR 200.30–3(a)(73).
                                                    change and require that the proposed                     should refer to File Number SR–CFE–
                                                                                                                                                                       1 15 U.S.C. 78s(b)(1).
                                                                                                             2017–002, and should be submitted on                      2 17 CFR 240.19b–4.
                                                      5 15 U.S.C. 78f(b).                                    or before September 11, 2017.                             3 All capitalized terms not defined herein have
                                                      6 15 U.S.C. 78f(b)(5).                                                                                         the same definition as the Framework or Default
                                                      7 15 U.S.C. 78f(b)(7).                                   8 15   U.S.C. 78s(b)(1).                              Fund Methodology, as applicable.



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Document Created: 2017-08-19 00:44:27
Document Modified: 2017-08-19 00:44:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 39621 

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