82_FR_46296 82 FR 46106 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To List and Trade Shares of the GraniteShares Palladium Trust Under NYSE Arca Rule 8.201-E

82 FR 46106 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To List and Trade Shares of the GraniteShares Palladium Trust Under NYSE Arca Rule 8.201-E

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 190 (October 3, 2017)

Page Range46106-46111
FR Document2017-21161

Federal Register, Volume 82 Issue 190 (Tuesday, October 3, 2017)
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Notices]
[Pages 46106-46111]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21161]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81737; File No. SR-NYSEArca-2017-112]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
of Proposed Rule Change To List and Trade Shares of the GraniteShares 
Palladium Trust Under NYSE Arca Rule 8.201-E

September 27, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on September 12, 2017, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to list and trade shares of the GraniteShares 
Palladium Trust under NYSE Arca Equities Rule 8.201 [sic]. The proposed 
change is available on the Exchange's Web site at www.nyse.com, at the 
principal office of the Exchange, and at the Commission's Public 
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to list and trade shares (``Shares'') of the 
GraniteShares Palladium Trust (the ``Trust''), under NYSE Arca Equities 
Rule 8.201.\4\ Under NYSE Arca Equities Rule 8.201 [sic], the Exchange 
may propose to list and/or trade pursuant to unlisted trading 
privileges (``UTP'') Commodity-Based Trust Shares.\5\
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    \4\ On September 8, 2017, the Trust submitted to the Commission 
its draft registration statement on Form S-1 (the ``Registration 
Statement'') under the Securities Act of 1933 (15 U.S.C. 77a) 
(``Securities Act''). The Jumpstart Our Business Startups Act, 
enacted on April 5, 2012, added Section 6(e) to the Securities Act. 
Section 6(e) of the Securities Act provides that an ``emerging 
growth company'' may confidentially submit to the Commission a draft 
registration statement for confidential, non-public review by the 
Commission staff prior to public filing, provided that the initial 
confidential submission and all amendments thereto shall be publicly 
filed not later than 21 days before the date on which the issuer 
conducts a road show, as such term is defined in Securities Act Rule 
433(h)(4). An emerging growth company is defined in Section 2(a)(19) 
of the Securities Act as an issuer with less than $1,000,000,000 
total annual gross revenues during its most recently completed 
fiscal year. The Trust meets the definition of an emerging growth 
company and consequently has submitted its Form S-1 Registration 
Statement on a confidential basis with the Commission.
    \5\ Commodity-Based Trust Shares are securities issued by a 
trust that represents investors' discrete identifiable and undivided 
beneficial ownership interest in the commodities deposited into the 
Trust.
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    The Trust will not be registered as an investment company under the 
Investment Company Act of 1940, as amended,\6\ and is not required to 
register under such act. The Trust is not a commodity pool for purposes 
of the Commodity Exchange Act, as amended.\7\
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    \6\ 15 U.S.C. 80a-1.
    \7\ 17 U.S.C. 1.
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    The Sponsor of the Trust is GraniteShares LLC, a Delaware limited 
liability company. The Bank of New York Mellon is the trustee of the 
Trust (the ``Trustee'') \8\ and ICBC Standard Bank PLC is the custodian 
of the Trust (the ``Custodian'').\9\
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    \8\ The Trustee is responsible for the day-to-day administration 
of the Trust. The responsibilities of the Trustee include (1) 
processing orders for the creation and redemption of Baskets; (2) 
coordinating with the Custodian the receipt and delivery of 
palladium transferred to, or by, the Trust in connection with each 
issuance and redemption of Baskets; (3) calculating the net asset 
value of the Trust on each business day; and (4) selling the Trust's 
palladium as needed to cover the Trust's expenses. The Trust does 
not have a Board of Directors or persons acting in a similar 
capacity.
    \9\ The Custodian is responsible for safekeeping the palladium 
owned by the Trust. The Custodian is appointed by the Trustee and is 
responsible to the Trustee under the Trust's palladium custody 
agreements. The Custodian will facilitate the transfer of palladium 
in and out of the Trust through the unallocated palladium accounts 
it may maintain for each Authorized Participant or unallocated 
palladium accounts that may be maintained for an Authorized 
Participant by another palladium-clearing bank approved by the 
London Palladium and Palladium Market (``LPPM''), and through the 
unallocated palladium account it will maintain for the Trust. The 
Custodian is responsible for allocating specific bars of palladium 
to the Trust Allocated Account. As used herein, ``Trust Allocated 
Account'' means the loco London account established in the name of 
the Trustee and maintained for the benefit of the Trust by the 
Custodian on an allocated basis pursuant to a written custody 
agreement between the Trustee and the Custodian. The Custodian will 
provide the Trustee with regular reports detailing the palladium 
transfers in and out of the Trust Unallocated Account with the 
Custodian and identifying the palladium bars held in the Trust 
Allocated Account.

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[[Page 46107]]

    The Commission has previously approved listing on the Exchange 
under NYSE Arca Equities Rule 8.201 [sic] of other precious metals and 
palladium-based commodity trusts, including the ETFS Platinum 
Trust,\10\ the ETFS Palladium Trust,\11\ and the Sprott Physical 
Platinum and Palladium Trust.\12\
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    \10\ Securities Exchange Act Release No. 61219 (December 22, 
2009), 74 FR 68886 (December 29, 2009) (SR-NYSEArca-2009-95).
    \11\ Securities Exchange Act Release No. 61220 (December 22, 
2009), 74 FR 68895 (December 29, 2009) (SR-NYSEArca-2009-94).
    \12\ Securities Exchange Act Release No. 68430 (December 13, 
2012), 77 FR 75239 (December 13, 2012) (SR-NYSEArca-2012-111).
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    The Exchange represents that the Shares satisfy the requirements of 
NYSE Arca Equities Rule 8.201 [sic] and thereby qualify for listing on 
the Exchange.\13\
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    \13\ With respect to the application of Rule 10A-3 (17 CFR 
240.10A-3) under the Act, the Trust relies on the exemption 
contained in Rule 10A-3(c)(7).
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Operation of the Trust \14\
    The investment objective of the Trust will be for the Shares to 
reflect the performance of the price of palladium, less the expenses 
and liabilities of the Trust. The Trust will issue Shares which 
represent units of fractional undivided beneficial interest in and 
ownership of the Trust.
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    \14\ The description of the operation of the Trust, the Shares 
and the palladium market contained herein are based, in part, on the 
Registration Statement. See note 4, supra.
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    The Trust will not trade in palladium futures or options on any 
futures exchange or over the counter (``OTC'') transactions in 
forwards, options and other derivatives. The Trust will not hold or 
trade in commodity futures contracts, ``commodity interests'', or any 
other instruments regulated by the Commodities Exchange Act. The Trust 
will take delivery of physical palladium that complies with the LPPM 
palladium delivery rules.
    The Shares are intended to constitute a simple and cost-effective 
means of making an investment similar to an investment in palladium. 
Although the Shares are not the exact equivalent of an investment in 
palladium, they provide investors with an alternative that allows a 
level of participation in the palladium market through the securities 
market.
Operation of the Palladium Market
    The global trade in palladium consists of OTC transactions in spot, 
forwards, and options and other derivatives, together with exchange-
traded futures and options.
    Most trading in physical palladium is conducted on the OTC market, 
predominantly in Zurich and London. The LPPM coordinates various OTC 
market activities, including clearing and vaulting, acts as the 
principal intermediary between physical palladium market participants 
and the relevant regulators, promotes good trading practices and 
develops standard market documentation. In addition, the LPPM promotes 
refining standards for the palladium market by maintaining the 
``London/Zurich Good Delivery List,'' which are the lists of LPPM 
accredited melters and assayers of palladium.
    The basis for settlement and delivery of a spot trade is payment 
(generally in US dollars) two business days after the trade date 
against delivery. Delivery of the palladium can either be by physical 
delivery or through the clearing systems to an unallocated account. The 
unit of trade in London and Zurich is the troy ounce, whose conversion 
between grams is: 1,000 grams is equivalent to 32.1507465 troy ounces, 
and one troy ounce is equivalent to 31.1034768 grams.
    A good delivery palladium plate or ingot is acceptable for delivery 
in settlement of a transaction on the OTC market (a ``Good Delivery 
Palladium Plate or Ingot''). A Good Delivery Palladium Plate or Ingot 
must contain between 32 and 192 troy ounces of palladium with a minimum 
fineness (or purity) of 999.5 parts per 1,000 (99.95%), be of good 
appearance, and be easy to handle and stack. A Good Delivery Palladium 
Plate or Ingot must also bear the stamp of one of the melters and 
assayers who are on the LPPM approved list. Unless otherwise specified, 
the palladium spot price always refers to the ``Good Delivery 
Standards'' set by the LPPM.
Creation and Redemption of Shares
    The Trust will create and redeem Shares on a continuous basis in 
one or more blocks of 15,000 Shares (a block of 15,000 Shares is called 
a ``Basket''). As described below, the Trust will issue Shares in 
Baskets to certain authorized participants (``Authorized 
Participants'') on an ongoing basis. Baskets of Shares will only be 
issued or redeemed in exchange for an amount of palladium represented 
by the aggregate number of Shares redeemed. No Shares will be issued 
unless the Custodian has allocated to the Trust's account the 
corresponding amount of palladium. Initially, a Basket will require 
delivery of 1,500 fine ounces of palladium. The amount of palladium 
necessary for the creation of a Basket, or to be received upon 
redemption of a Basket, will decrease over the life of the Trust, due 
to the payment or accrual of fees and other expenses or liabilities 
payable by the Trust.
    Baskets may be created or redeemed only by Authorized Participants. 
Orders must be placed by 3:59 p.m. Eastern Time (``E.T.''). The day on 
which a Trust receives a valid purchase or redemption order is the 
order date.
    Each Authorized Participant must be a registered broker-dealer, a 
participant in Depository Trust Corporation (``DTC''), have entered 
into an agreement with the Trustee (the ``Authorized Participant 
Agreement'') and have established a palladium unallocated account with 
the Custodian or a physical palladium clearing bank. The Authorized 
Participant Agreement provides the procedures for the creation and 
redemption of Baskets and for the delivery of palladium in connection 
with such creations or redemptions.
    According to the Registration Statement, Authorized Participants 
may surrender Baskets of Shares in exchange for the corresponding 
Basket Amount announced by the Trustee. Upon surrender of such Shares 
and payment of the Trustee's applicable fee and of any expenses, taxes 
or charges (such as stamp taxes or stock transfer taxes or fees), the 
Trustee will deliver to the order of the redeeming Authorized 
Participant the amount of palladium corresponding to the redeemed 
Baskets. Shares can only be surrendered for redemption in Baskets of 
15,000 Shares each.
    Before surrendering Baskets of Shares for redemption, an Authorized 
Participant must deliver to the Trustee a written request indicating 
the number of Baskets it intends to redeem. The date the Trustee 
receives that order determines the Basket Amount to be

[[Page 46108]]

received in exchange. However, orders received by the Trustee after 
3:59 p.m. E.T. on a business day or on a business day when the LBMA 
Palladium Price PM or other applicable benchmark price is not 
announced, will not be accepted.
    The redemption distribution from the Trust will consist of a credit 
to the redeeming Authorized Participant's unallocated account 
representing the amount of the palladium held by the Trust evidenced by 
the Shares being redeemed as of the date of the redemption order.
Net Asset Value
    The NAV of the Trust will be calculated by subtracting the Trust's 
expenses and liabilities on any day from the value of the palladium 
owned by the Trust on that day; the NAV per Share will be obtained by 
dividing the NAV of the Trust on a given day by the number of Shares 
outstanding on that day. On each day on which the Exchange is open for 
regular trading, the Trustee will determine the NAV as promptly as 
practicable after 4:00 p.m. E.T. The Trustee will value the Trust's 
palladium based on the most recently announced LBMA Palladium Price PM 
or LBMA Palladium Price AM. If neither price is available for that day, 
the Trustee will value the Trust's palladium based on the most recently 
announced LBMA Palladium Price PM or LBMA Palladium Price AM. If the 
Sponsor determines that such price is inappropriate to use, the Sponsor 
will identify an alternate basis for evaluation to be employed by the 
Trustee. Further, the Sponsor may instruct the Trustee to use on an on-
going basis a different publicly available price which the Sponsor 
determines to fairly represent the commercial value of the Trust's 
palladium.
    The NAV per Share will be calculated by taking the current price of 
the Trust's total assets, subtracting any liabilities, and dividing by 
the total number of Shares outstanding. Authorized Participants will 
offer Shares at an offering price that will vary, depending on, among 
other factors, the price of palladium and the trading price of the 
Shares on the Exchange at the time of offer. Authorized Participants 
will not receive from the Trust, the Sponsor, the Trustee or any of 
their affiliates any fee or other compensation in connection with the 
offering of the Shares.
Secondary Market Trading
    While the Trust seeks to reflect generally the performance of the 
price of palladium less the Trust's expenses and liabilities, Shares 
may trade at, above or below their NAV. The NAV of Shares will 
fluctuate with changes in the market value of the Trust's assets. The 
trading prices of Shares will fluctuate in accordance with changes in 
their NAV as well as market supply and demand. The amount of the 
discount or premium in the trading price relative to the NAV may be 
influenced by non-concurrent trading hours between the major palladium 
markets and the Exchange. While the Shares trade on the Exchange until 
4:00 p.m. E.T., liquidity in the market for palladium may be reduced 
after the close of the major world palladium markets, including London, 
Zurich and COMEX. As a result, during this time, trading spreads, and 
the resulting premium or discount, on Shares may widen.
Availability of Information Regarding Palladium
    Currently, the Consolidated Tape Plan does not provide for 
dissemination of the spot price of a commodity such as palladium over 
the Consolidated Tape. However, there will be disseminated over the 
Consolidated Tape the last sale price for the Shares, as is the case 
for all equity securities traded on the Exchange (including exchange-
traded funds). In addition, there is a considerable amount of 
information about palladium and palladium markets available on public 
Web sites and through professional and subscription services.
    Investors may obtain palladium pricing information on a 24-hour 
basis based on the spot price for an ounce of palladium from various 
financial information service providers, such as Reuters and Bloomberg.
    Reuters and Bloomberg provide at no charge on their Web sites 
delayed information regarding the spot price of palladium and last sale 
prices of palladium futures, as well as information about news and 
developments in the palladium market. Reuters and Bloomberg also offer 
a professional service to subscribers for a fee that provides 
information on palladium prices directly from market participants. ICAP 
plc provides an electronic trading platform called EBS for the trading 
of spot palladium, as well as a feed of real-time streaming prices, 
delivered as record-based digital data from the EBS platform to its 
customer's market data platform via Bloomberg or Reuters.
    Complete real-time data for palladium futures and options prices 
traded on the COMEX are available by subscription from Reuters and 
Bloomberg. The NYMEX also provides delayed futures and options 
information on current and past trading sessions and market news free 
of charge on its Web site. There are a variety of other public Web 
sites providing information on palladium, ranging from those 
specializing in precious metals to sites maintained by major 
newspapers, such as The Wall Street Journal.
Availability of Information
    The intraday indicative value (``IIV'') per Share for the Shares 
will be disseminated by one or more major market data vendors at least 
every 15 seconds during the Core Trading Session. The IIV will be 
calculated based on the amount of palladium held by the Trust and a 
price of palladium derived from updated bids and offers indicative of 
the spot price of palladium.\15\
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    \15\ The IIV on a per Share basis disseminated during the Core 
Trading Session should not be viewed as a real-time update of the 
NAV, which is calculated once a day.
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    The Web site for the Trust (www.graniteshares.com) will contain the 
following information, on a per Share basis, for the Trust: (a) The 
mid-point of the bid-ask price \16\ at the close of trading (``Bid/Ask 
Price''), and a calculation of the premium or discount of such price 
against such NAV; and (b) data in chart format displaying the frequency 
distribution of discounts and premiums of the Bid/Ask Price against the 
NAV, within appropriate ranges, for each of the four previous calendar 
quarters. The Web site for the Trust will also provide the Trust's 
prospectus. Finally, the Trust's Web site will provide the prior day's 
closing price of the Shares as traded in the U.S. market. In addition, 
information regarding market price and trading volume of the Shares 
will be continually available on a real-time basis throughout the day 
on brokers' computer screens and other electronic services. Information 
regarding the previous day's closing price and trading volume 
information for the Shares will be published daily in the financial 
section of newspapers.
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    \16\ The bid-ask price of the Shares will be determined using 
the highest bid and lowest offer on the Consolidated Tape as of the 
time of calculation of the closing day NAV.
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Criteria for Initial and Continued Listing
    The Trust will be subject to the criteria in NYSE Arca Equities 
Rule 8.201(e) [sic] for initial and continued listing of the Shares.
    A minimum of one Basket or 15,000 Shares will be required to be 
outstanding at the start of trading, which is equivalent to 1,500 fine 
ounces of palladium. The Exchange believes that the anticipated minimum 
number of Shares outstanding at the start of

[[Page 46109]]

trading is sufficient to provide adequate market liquidity.
Trading Rules
    The Exchange deems the Shares to be equity securities, thus 
rendering trading in the Trust subject to the Exchange's existing rules 
governing the trading of equity securities. Trading in the Shares on 
the Exchange will occur in accordance with NYSE Arca Equities Rule 
7.34(a). The Exchange has appropriate rules to facilitate transactions 
in the Shares during all trading sessions. As provided in NYSE Arca 
Equities Rule 7.6, Commentary .03, the minimum price variation 
(``MPV'') for quoting and entry of orders in equity securities traded 
on the NYSE Arca Marketplace is $0.01, with the exception of securities 
that are priced less than $1.00 for which the MPV for order entry is 
$0.0001.
    Further, NYSE Arca Equities Rule 8.201 [sic] sets forth certain 
restrictions on ETP Holders acting as registered Market Makers in the 
Shares to facilitate surveillance. Under NYSE Arca Equities Rule 
8.201(g) [sic], an ETP Holder acting as a registered Market Maker in 
the Shares is required to provide the Exchange with information 
relating to its trading in the underlying palladium, related futures or 
options on futures, or any other related derivatives. Commentary .04 of 
NYSE Arca Equities Rule 6.3 requires an ETP Holder acting as a 
registered Market Maker, and its affiliates, in the Shares to 
establish, maintain and enforce written policies and procedures 
reasonably designed to prevent the misuse of any material nonpublic 
information with respect to such products, any components of the 
related products, any physical asset or commodity underlying the 
product, applicable currencies, underlying indexes, related futures or 
options on futures, and any related derivative instruments (including 
the Shares).
    As a general matter, the Exchange has regulatory jurisdiction over 
its ETP Holders and their associated persons, which include any person 
or entity controlling an ETP Holder. A subsidiary or affiliate of an 
ETP Holder that does business only in commodities or futures contracts 
would not be subject to Exchange jurisdiction, but the Exchange could 
obtain information regarding the activities of such subsidiary or 
affiliate through surveillance sharing agreements with regulatory 
organizations of which such subsidiary or affiliate is a member.
    With respect to trading halts, the Exchange may consider all 
relevant factors in exercising its discretion to halt or suspend 
trading in the Shares. Trading on the Exchange in the Shares may be 
halted because of market conditions or for reasons that, in the view of 
the Exchange, make trading in the Shares inadvisable. These may 
include: (1) The extent to which conditions in the underlying palladium 
market have caused disruptions and/or lack of trading, or (2) whether 
other unusual conditions or circumstances detrimental to the 
maintenance of a fair and orderly market are present. In addition, 
trading in Shares will be subject to trading halts caused by 
extraordinary market volatility pursuant to the Exchange's ``circuit 
breaker'' rule.\17\ The Exchange will halt trading in the Shares if the 
NAV of the Trust is not calculated or disseminated daily. The Exchange 
may halt trading during the day in which an interruption occurs to the 
dissemination of the IIV, as described above. If the interruption to 
the dissemination of the IIV persists past the trading day in which it 
occurs, the Exchange will halt trading no later than the beginning of 
the trading day following the interruption.
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    \17\ See NYSE Arca Equities Rule 7.12.
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Surveillance
    The Exchange represents that trading in the Shares will be subject 
to the existing trading surveillances administered by the Exchange, as 
well as cross-market surveillances administered by the Financial 
Industry Regulatory Authority (``FINRA'') on behalf of the Exchange, 
which are designed to detect violations of Exchange rules and 
applicable federal securities laws.\18\ The Exchange represents that 
these procedures are adequate to properly monitor Exchange trading of 
the Shares in all trading sessions and to deter and detect violations 
of Exchange rules and federal securities laws applicable to trading on 
the Exchange.
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    \18\ FINRA conducts cross-market surveillances on behalf of the 
Exchange pursuant to a regulatory services agreement. The Exchange 
is responsible for FINRA's performance under this regulatory 
services agreement.
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    The surveillances referred to above generally focus on detecting 
securities trading outside their normal patterns, which could be 
indicative of manipulative or other violative activity. When such 
situations are detected, surveillance analysis follows and 
investigations are opened, where appropriate, to review the behavior of 
all relevant parties for all relevant trading violations.
    The Exchange or FINRA, on behalf of the Exchange, or both, will 
communicate as needed regarding trading in the Shares with other 
markets and other entities that are members of the ISG, and the 
Exchange or FINRA, on behalf of the Exchange, or both, may obtain 
trading information regarding trading in the Shares from such markets 
and other entities. In addition, the Exchange may obtain information 
regarding trading in the Shares from markets and other entities that 
are members of ISG or with which the Exchange has in place a 
comprehensive surveillance sharing agreement.\19\
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    \19\ For a list of the current members of ISG, see 
www.isgportal.org.
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    Also, pursuant to NYSE Arca Equities Rule 8.201(g) [sic], the 
Exchange is able to obtain information regarding trading in the Shares 
and the underlying palladium, palladium futures contracts, options on 
palladium futures, or any other palladium derivative, through ETP 
Holders acting as registered Market Makers, in connection with such ETP 
Holders' proprietary or customer trades through ETP Holders which they 
effect on any relevant market.
    In addition, the Exchange also has a general policy prohibiting the 
distribution of material, non-public information by its employees.
    All statements and representations made in this filing regarding 
(a) the description of the portfolio, (b) limitations on portfolio 
holdings or reference assets, or (c) the applicability of Exchange 
listing rules specified in this rule filing shall constitute continued 
listing requirements for listing the Shares of the Trust on the 
Exchange.
    The issuer has represented to the Exchange that it will advise the 
Exchange of any failure by the Trust to comply with the continued 
listing requirements, and, pursuant to its obligations under Section 
19(g)(1) of the Act, the Exchange will monitor for compliance with the 
continued listing requirements. If the Trust is not in compliance with 
the applicable listing requirements, the Exchange will commence 
delisting procedures under NYSE Arca Equities Rule 5.5(m).
Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its 
ETP Holders in an Information Bulletin of the special characteristics 
and risks associated with trading the Shares. Specifically, the 
Information Bulletin will discuss the following: (1) The procedures for 
purchases and redemptions of Shares in Baskets (including noting that 
Shares are not individually redeemable); (2) NYSE Arca Equities Rule 
9.2(a), which imposes a duty of due diligence on its ETP Holders to 
learn the essential facts

[[Page 46110]]

relating to every customer prior to trading the Shares; (3) how 
information regarding the IIV is disseminated; (4) the requirement that 
ETP Holders deliver a prospectus to investors purchasing newly issued 
Shares prior to or concurrently with the confirmation of a transaction; 
(5) the possibility that trading spreads and the resulting premium or 
discount on the Shares may widen as a result of reduced liquidity of 
palladium trading during the Core and Late Trading Sessions after the 
close of the major world palladium markets; and (6) trading 
information. For example, the Information Bulletin will advise ETP 
Holders, prior to the commencement of trading, of the prospectus 
delivery requirements applicable to the Trust. The Exchange notes that 
investors purchasing Shares directly from the Trust (by delivery of the 
Creation Basket Deposit) will receive a prospectus. ETP Holders 
purchasing Shares from the Trust for resale to investors will deliver a 
prospectus to such investors.
    In addition, the Information Bulletin will reference that the Trust 
is subject to various fees and expenses as will be described in the 
Registration Statement. The Information Bulletin will also reference 
the fact that there is no regulated source of last sale information 
regarding physical palladium, that the Commission has no jurisdiction 
over the trading of palladium as a physical commodity, and that the 
CFTC has regulatory jurisdiction over the trading of palladium futures 
contracts and options on palladium futures contracts.
    The Information Bulletin will also discuss any relief, if granted, 
by the Commission or the staff from any rules under the Act.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the 
requirement under Section 6(b)(5) \20\ that an exchange have rules that 
are designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to remove 
impediments to, and perfect the mechanism of a free and open market 
and, in general, to protect investors and the public interest.
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    \20\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change is designed to 
prevent fraudulent and manipulative acts and practices in that the 
Shares will be listed and traded on the Exchange pursuant to the 
initial and continued listing criteria in NYSE Arca Equities Rule 8.201 
[sic]. The Exchange has in place surveillance procedures that are 
adequate to properly monitor trading in the Shares in all trading 
sessions and to deter and detect violations of Exchange rules and 
applicable federal securities laws. The Exchange may obtain information 
via ISG from other exchanges that are members of ISG or with which the 
Exchange has entered into a comprehensive surveillance sharing 
agreement.
    The proposed rule change is designed to promote just and equitable 
principles of trade and to protect investors and the public interest in 
that there is a considerable amount of palladium price and palladium 
market information available on public Web sites and through 
professional and subscription services. Investors may obtain palladium 
pricing information on a 24-hour basis based on the spot price for an 
ounce of palladium from various financial information service 
providers. Delayed information regarding the spot price of palladium 
and last sale prices of palladium futures, as well as information about 
news and developments in the palladium market, are also available from 
financial information service providers. Information on palladium 
prices directly from market participants is also available from 
financial information service providers. An electronic trading platform 
called EBS for the trading of spot palladium, as well as a feed of 
real-time streaming prices, is also available from information service 
providers.
    The NAV of the Trust will be published by the Sponsor on each day 
that the NYSE Arca is open for regular trading and will be posted on 
the Trust's Web site. The IIV relating to the Shares will be widely 
disseminated by one or more major market data vendors at least every 15 
seconds during the Core Trading Session. The Trust's Web site will also 
provide the Trust's prospectus, as well as the two most recent reports 
to stockholders. In addition, information regarding market price and 
trading volume of the Shares will be continually available on a real-
time basis throughout the day on brokers' computer screens and other 
electronic services. Information regarding the previous day's closing 
price and trading volume information for the Shares will be published 
daily in the financial section of newspapers.
    The proposed rule change is designed to perfect the mechanism of a 
free and open market and, in general, to protect investors and the 
public interest in that it will facilitate the listing and trading of 
an additional type of exchange-traded product that will enhance 
competition among market participants, to the benefit of investors and 
the marketplace. As noted above, the Exchange has in place surveillance 
procedures relating to trading in the Shares and may obtain information 
via ISG from other exchanges that are members of ISG or with which the 
Exchange has entered into a comprehensive surveillance sharing 
agreement. In addition, as noted above, investors will have ready 
access to information regarding palladium pricing.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange believes the 
proposed rule change will enhance competition by accommodating Exchange 
trading of an additional exchange-traded product relating to physical 
palladium.

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

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

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEArca-2017-112 on the subject line.

[[Page 46111]]

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2017-112. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEArca-2017-112, and 
should be submitted on or before October 24, 2017.
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21161 Filed 10-2-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                    46106                        Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices

                                                    enterprise or joint arrangement is                        For the Commission, by the Division of              of the most significant parts of such
                                                    consistent with the provisions, policies                Investment Management, under delegated                statements.
                                                    and purposes of the Act, and the extent                 authority.
                                                                                                            Eduardo A. Aleman,                                    A. Self-Regulatory Organization’s
                                                    to which the participation is on a basis                                                                      Statement of the Purpose of, and the
                                                    different from or less advantageous than                Assistant Secretary.
                                                                                                                                                                  Statutory Basis for, the Proposed Rule
                                                    that of other participants.                             [FR Doc. 2017–21156 Filed 10–2–17; 8:45 am]
                                                                                                                                                                  Change
                                                                                                            BILLING CODE 8011–01–P
                                                       2. Rule 17d–3 under the Act provides                                                                       1. Purpose
                                                    an exemption from section 17(d) and
                                                    rule 17d–1 to permit open-end                                                                                    The Exchange proposes to list and
                                                                                                            SECURITIES AND EXCHANGE                               trade shares (‘‘Shares’’) of the
                                                    investment companies to enter into                      COMMISSION                                            GraniteShares Palladium Trust (the
                                                    distribution arrangements pursuant to
                                                                                                                                                                  ‘‘Trust’’), under NYSE Arca Equities
                                                    rule 12b–1 under the Act. Applicants                    [Release No. 34–81737; File No. SR–                   Rule 8.201.4 Under NYSE Arca Equities
                                                    request an order under section 17(d) and                NYSEArca–2017–112]                                    Rule 8.201 [sic], the Exchange may
                                                    rule 17d–1 under the Act to the extent                                                                        propose to list and/or trade pursuant to
                                                    necessary to permit the Fund to impose                  Self-Regulatory Organizations; NYSE                   unlisted trading privileges (‘‘UTP’’)
                                                    asset-based distribution and/or service                 Arca, Inc.; Notice of Filing of Proposed              Commodity-Based Trust Shares.5
                                                    fees. Applicants have agreed to comply                  Rule Change To List and Trade Shares                     The Trust will not be registered as an
                                                    with rules 12b–1 and 17d–3 as if those                  of the GraniteShares Palladium Trust                  investment company under the
                                                    rules applied to closed-end investment                  Under NYSE Arca Rule 8.201–E                          Investment Company Act of 1940, as
                                                    companies, which they believe will                      September 27, 2017.                                   amended,6 and is not required to
                                                    resolve any concerns that might arise in                                                                      register under such act. The Trust is not
                                                                                                               Pursuant to Section 19(b)(1) 1 of the
                                                    connection with a Fund financing the                                                                          a commodity pool for purposes of the
                                                                                                            Securities Exchange Act of 1934 (the
                                                    distribution of its shares through asset-                                                                     Commodity Exchange Act, as amended.7
                                                                                                            ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   The Sponsor of the Trust is
                                                    based distribution and/or service fees.                 notice is hereby given that, on                       GraniteShares LLC, a Delaware limited
                                                       3. For the reasons stated above,                     September 12, 2017, NYSE Arca, Inc.                   liability company. The Bank of New
                                                    applicants submit that the exemptions                   (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed             York Mellon is the trustee of the Trust
                                                    requested under section 6(c) are                        with the Securities and Exchange                      (the ‘‘Trustee’’) 8 and ICBC Standard
                                                    necessary and appropriate in the public                 Commission (the ‘‘Commission’’) the                   Bank PLC is the custodian of the Trust
                                                    interest and are consistent with the                    proposed rule change as described in                  (the ‘‘Custodian’’).9
                                                    protection of investors and the purposes                Items I and II below, which Items have
                                                    fairly intended by the policy and                       been prepared by the self-regulatory                     4 On September 8, 2017, the Trust submitted to

                                                    provisions of the Act. Applicants further               organization. The Commission is                       the Commission its draft registration statement on
                                                    submit that the relief requested                        publishing this notice to solicit                     Form S–1 (the ‘‘Registration Statement’’) under the
                                                                                                            comments on the proposed rule change                  Securities Act of 1933 (15 U.S.C. 77a) (‘‘Securities
                                                    pursuant to section 23(c)(3) will be                                                                          Act’’). The Jumpstart Our Business Startups Act,
                                                    consistent with the protection of                       from interested persons.                              enacted on April 5, 2012, added Section 6(e) to the
                                                                                                                                                                  Securities Act. Section 6(e) of the Securities Act
                                                    investors and will insure that applicants               I. Self-Regulatory Organization’s                     provides that an ‘‘emerging growth company’’ may
                                                    do not unfairly discriminate against any                Statement of the Terms of Substance of                confidentially submit to the Commission a draft
                                                    holders of the class of securities to be                the Proposed Rule Change                              registration statement for confidential, non-public
                                                                                                                                                                  review by the Commission staff prior to public
                                                    purchased. Finally, applicants state that                  The Exchange proposes to list and                  filing, provided that the initial confidential
                                                    the Funds’ imposition of asset-based                    trade shares of the GraniteShares                     submission and all amendments thereto shall be
                                                    distribution and/or service fees is                     Palladium Trust under NYSE Arca                       publicly filed not later than 21 days before the date
                                                    consistent with the provisions, policies                                                                      on which the issuer conducts a road show, as such
                                                                                                            Equities Rule 8.201 [sic]. The proposed               term is defined in Securities Act Rule 433(h)(4). An
                                                    and purposes of the Act and does not                    change is available on the Exchange’s                 emerging growth company is defined in Section
                                                    involve participation on a basis different              Web site at www.nyse.com, at the                      2(a)(19) of the Securities Act as an issuer with less
                                                    from or less advantageous than that of                                                                        than $1,000,000,000 total annual gross revenues
                                                                                                            principal office of the Exchange, and at              during its most recently completed fiscal year. The
                                                    other participants.                                     the Commission’s Public Reference                     Trust meets the definition of an emerging growth
                                                       Applicants’ Condition:                               Room.                                                 company and consequently has submitted its Form
                                                                                                                                                                  S–1 Registration Statement on a confidential basis
                                                       Applicants agree that any order                      II. Self-Regulatory Organization’s                    with the Commission.
                                                    granting the requested relief will be                   Statement of the Purpose of, and                         5 Commodity-Based Trust Shares are securities

                                                                                                            Statutory Basis for, the Proposed Rule                issued by a trust that represents investors’ discrete
                                                    subject to the following condition:                                                                           identifiable and undivided beneficial ownership
                                                                                                            Change                                                interest in the commodities deposited into the
                                                       Each Fund relying on the order will
                                                                                                              In its filing with the Commission, the              Trust.
                                                    comply with the provisions of rules 6c–                                                                          6 15 U.S.C. 80a–1.
                                                    10, 12b–1, 17d–3, 18f–3, 22d–1, and,                    self-regulatory organization included                    7 17 U.S.C. 1.
                                                    where applicable, 11a–3 under the Act,                  statements concerning the purpose of,                    8 The Trustee is responsible for the day-to-day

                                                    as amended from time to time, as if                     and basis for, the proposed rule change               administration of the Trust. The responsibilities of
                                                    those rules applied to closed-end                       and discussed any comments it received                the Trustee include (1) processing orders for the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            on the proposed rule change. The text                 creation and redemption of Baskets; (2)
                                                    management investment companies,                                                                              coordinating with the Custodian the receipt and
                                                    and will comply with the FINRA Sales                    of those statements may be examined at                delivery of palladium transferred to, or by, the Trust
                                                    Charge Rule, as amended from time to                    the places specified in Item IV below.                in connection with each issuance and redemption
                                                                                                            The Exchange has prepared summaries,                  of Baskets; (3) calculating the net asset value of the
                                                    time, as if that rule applied to all closed-                                                                  Trust on each business day; and (4) selling the
                                                                                                            set forth in sections A, B, and C below,
                                                    end management investment                                                                                     Trust’s palladium as needed to cover the Trust’s
                                                    companies.                                                                                                    expenses. The Trust does not have a Board of
                                                                                                              1 15 U.S.C. 78s(b)(1).                              Directors or persons acting in a similar capacity.
                                                                                                              2 15 U.S.C. 78a.                                       9 The Custodian is responsible for safekeeping the
                                                                                                              3 17 CFR 240.19b–4.                                 palladium owned by the Trust. The Custodian is



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                                                                                  Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices                                          46107

                                                      The Commission has previously                         that complies with the LPPM palladium                 Creation and Redemption of Shares
                                                    approved listing on the Exchange under                  delivery rules.                                          The Trust will create and redeem
                                                    NYSE Arca Equities Rule 8.201 [sic] of                     The Shares are intended to constitute              Shares on a continuous basis in one or
                                                    other precious metals and palladium-                    a simple and cost-effective means of                  more blocks of 15,000 Shares (a block of
                                                    based commodity trusts, including the                   making an investment similar to an                    15,000 Shares is called a ‘‘Basket’’). As
                                                    ETFS Platinum Trust,10 the ETFS                         investment in palladium. Although the                 described below, the Trust will issue
                                                    Palladium Trust,11 and the Sprott                                                                             Shares in Baskets to certain authorized
                                                                                                            Shares are not the exact equivalent of an
                                                    Physical Platinum and Palladium                                                                               participants (‘‘Authorized Participants’’)
                                                                                                            investment in palladium, they provide
                                                    Trust.12                                                                                                      on an ongoing basis. Baskets of Shares
                                                      The Exchange represents that the                      investors with an alternative that allows
                                                                                                            a level of participation in the palladium             will only be issued or redeemed in
                                                    Shares satisfy the requirements of NYSE
                                                                                                            market through the securities market.                 exchange for an amount of palladium
                                                    Arca Equities Rule 8.201 [sic] and
                                                                                                                                                                  represented by the aggregate number of
                                                    thereby qualify for listing on the                      Operation of the Palladium Market                     Shares redeemed. No Shares will be
                                                    Exchange.13
                                                                                                               The global trade in palladium consists             issued unless the Custodian has
                                                    Operation of the Trust 14                                                                                     allocated to the Trust’s account the
                                                                                                            of OTC transactions in spot, forwards,
                                                       The investment objective of the Trust                and options and other derivatives,                    corresponding amount of palladium.
                                                    will be for the Shares to reflect the                   together with exchange-traded futures                 Initially, a Basket will require delivery
                                                    performance of the price of palladium,                  and options.                                          of 1,500 fine ounces of palladium. The
                                                    less the expenses and liabilities of the                                                                      amount of palladium necessary for the
                                                                                                               Most trading in physical palladium is              creation of a Basket, or to be received
                                                    Trust. The Trust will issue Shares
                                                    which represent units of fractional                     conducted on the OTC market,                          upon redemption of a Basket, will
                                                    undivided beneficial interest in and                    predominantly in Zurich and London.                   decrease over the life of the Trust, due
                                                    ownership of the Trust.                                 The LPPM coordinates various OTC                      to the payment or accrual of fees and
                                                       The Trust will not trade in palladium                market activities, including clearing and             other expenses or liabilities payable by
                                                    futures or options on any futures                       vaulting, acts as the principal                       the Trust.
                                                    exchange or over the counter (‘‘OTC’’)                  intermediary between physical                            Baskets may be created or redeemed
                                                    transactions in forwards, options and                   palladium market participants and the                 only by Authorized Participants. Orders
                                                    other derivatives. The Trust will not                   relevant regulators, promotes good                    must be placed by 3:59 p.m. Eastern
                                                    hold or trade in commodity futures                      trading practices and develops standard               Time (‘‘E.T.’’). The day on which a Trust
                                                    contracts, ‘‘commodity interests’’, or any              market documentation. In addition, the                receives a valid purchase or redemption
                                                    other instruments regulated by the                      LPPM promotes refining standards for                  order is the order date.
                                                    Commodities Exchange Act. The Trust                     the palladium market by maintaining                      Each Authorized Participant must be
                                                    will take delivery of physical palladium                the ‘‘London/Zurich Good Delivery                     a registered broker-dealer, a participant
                                                                                                            List,’’ which are the lists of LPPM                   in Depository Trust Corporation
                                                    appointed by the Trustee and is responsible to the      accredited melters and assayers of                    (‘‘DTC’’), have entered into an
                                                    Trustee under the Trust’s palladium custody             palladium.                                            agreement with the Trustee (the
                                                    agreements. The Custodian will facilitate the
                                                    transfer of palladium in and out of the Trust              The basis for settlement and delivery              ‘‘Authorized Participant Agreement’’)
                                                    through the unallocated palladium accounts it may       of a spot trade is payment (generally in              and have established a palladium
                                                    maintain for each Authorized Participant or
                                                                                                            US dollars) two business days after the               unallocated account with the Custodian
                                                    unallocated palladium accounts that may be                                                                    or a physical palladium clearing bank.
                                                    maintained for an Authorized Participant by             trade date against delivery. Delivery of
                                                    another palladium-clearing bank approved by the         the palladium can either be by physical               The Authorized Participant Agreement
                                                    London Palladium and Palladium Market                   delivery or through the clearing systems              provides the procedures for the creation
                                                    (‘‘LPPM’’), and through the unallocated palladium
                                                                                                            to an unallocated account. The unit of                and redemption of Baskets and for the
                                                    account it will maintain for the Trust. The                                                                   delivery of palladium in connection
                                                    Custodian is responsible for allocating specific bars   trade in London and Zurich is the troy
                                                    of palladium to the Trust Allocated Account. As         ounce, whose conversion between                       with such creations or redemptions.
                                                    used herein, ‘‘Trust Allocated Account’’ means the      grams is: 1,000 grams is equivalent to                   According to the Registration
                                                    loco London account established in the name of the                                                            Statement, Authorized Participants may
                                                    Trustee and maintained for the benefit of the Trust     32.1507465 troy ounces, and one troy
                                                                                                                                                                  surrender Baskets of Shares in exchange
                                                    by the Custodian on an allocated basis pursuant to      ounce is equivalent to 31.1034768
                                                    a written custody agreement between the Trustee                                                               for the corresponding Basket Amount
                                                                                                            grams.
                                                    and the Custodian. The Custodian will provide the                                                             announced by the Trustee. Upon
                                                    Trustee with regular reports detailing the palladium       A good delivery palladium plate or                 surrender of such Shares and payment
                                                    transfers in and out of the Trust Unallocated           ingot is acceptable for delivery in                   of the Trustee’s applicable fee and of
                                                    Account with the Custodian and identifying the
                                                    palladium bars held in the Trust Allocated
                                                                                                            settlement of a transaction on the OTC                any expenses, taxes or charges (such as
                                                    Account.                                                market (a ‘‘Good Delivery Palladium                   stamp taxes or stock transfer taxes or
                                                       10 Securities Exchange Act Release No. 61219         Plate or Ingot’’). A Good Delivery                    fees), the Trustee will deliver to the
                                                    (December 22, 2009), 74 FR 68886 (December 29,          Palladium Plate or Ingot must contain                 order of the redeeming Authorized
                                                    2009) (SR–NYSEArca–2009–95).
                                                       11 Securities Exchange Act Release No. 61220
                                                                                                            between 32 and 192 troy ounces of                     Participant the amount of palladium
                                                    (December 22, 2009), 74 FR 68895 (December 29,          palladium with a minimum fineness (or                 corresponding to the redeemed Baskets.
                                                    2009) (SR–NYSEArca–2009–94).                            purity) of 999.5 parts per 1,000                      Shares can only be surrendered for
                                                                                                            (99.95%), be of good appearance, and be
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                       12 Securities Exchange Act Release No. 68430
                                                                                                                                                                  redemption in Baskets of 15,000 Shares
                                                    (December 13, 2012), 77 FR 75239 (December 13,          easy to handle and stack. A Good                      each.
                                                    2012) (SR–NYSEArca–2012–111).
                                                       13 With respect to the application of Rule 10A–
                                                                                                            Delivery Palladium Plate or Ingot must                   Before surrendering Baskets of Shares
                                                    3 (17 CFR 240.10A–3) under the Act, the Trust           also bear the stamp of one of the melters             for redemption, an Authorized
                                                    relies on the exemption contained in Rule 10A–          and assayers who are on the LPPM                      Participant must deliver to the Trustee
                                                    3(c)(7).                                                approved list. Unless otherwise                       a written request indicating the number
                                                       14 The description of the operation of the Trust,

                                                    the Shares and the palladium market contained
                                                                                                            specified, the palladium spot price                   of Baskets it intends to redeem. The date
                                                    herein are based, in part, on the Registration          always refers to the ‘‘Good Delivery                  the Trustee receives that order
                                                    Statement. See note 4, supra.                           Standards’’ set by the LPPM.                          determines the Basket Amount to be


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                                                    46108                        Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices

                                                    received in exchange. However, orders                   market value of the Trust’s assets. The               a variety of other public Web sites
                                                    received by the Trustee after 3:59 p.m.                 trading prices of Shares will fluctuate in            providing information on palladium,
                                                    E.T. on a business day or on a business                 accordance with changes in their NAV                  ranging from those specializing in
                                                    day when the LBMA Palladium Price                       as well as market supply and demand.                  precious metals to sites maintained by
                                                    PM or other applicable benchmark price                  The amount of the discount or premium                 major newspapers, such as The Wall
                                                    is not announced, will not be accepted.                 in the trading price relative to the NAV              Street Journal.
                                                       The redemption distribution from the                 may be influenced by non-concurrent
                                                    Trust will consist of a credit to the                   trading hours between the major                       Availability of Information
                                                    redeeming Authorized Participant’s                      palladium markets and the Exchange.                      The intraday indicative value (‘‘IIV’’)
                                                    unallocated account representing the                    While the Shares trade on the Exchange                per Share for the Shares will be
                                                    amount of the palladium held by the                     until 4:00 p.m. E.T., liquidity in the                disseminated by one or more major
                                                    Trust evidenced by the Shares being                     market for palladium may be reduced                   market data vendors at least every 15
                                                    redeemed as of the date of the                          after the close of the major world                    seconds during the Core Trading
                                                    redemption order.                                       palladium markets, including London,                  Session. The IIV will be calculated
                                                    Net Asset Value                                         Zurich and COMEX. As a result, during                 based on the amount of palladium held
                                                                                                            this time, trading spreads, and the                   by the Trust and a price of palladium
                                                       The NAV of the Trust will be                         resulting premium or discount, on                     derived from updated bids and offers
                                                    calculated by subtracting the Trust’s                   Shares may widen.                                     indicative of the spot price of
                                                    expenses and liabilities on any day from
                                                                                                            Availability of Information Regarding                 palladium.15
                                                    the value of the palladium owned by the
                                                    Trust on that day; the NAV per Share                    Palladium                                                The Web site for the Trust
                                                    will be obtained by dividing the NAV of                    Currently, the Consolidated Tape Plan              (www.graniteshares.com) will contain
                                                    the Trust on a given day by the number                  does not provide for dissemination of                 the following information, on a per
                                                    of Shares outstanding on that day. On                   the spot price of a commodity such as                 Share basis, for the Trust: (a) The mid-
                                                    each day on which the Exchange is open                  palladium over the Consolidated Tape.                 point of the bid-ask price 16 at the close
                                                    for regular trading, the Trustee will                   However, there will be disseminated                   of trading (‘‘Bid/Ask Price’’), and a
                                                    determine the NAV as promptly as                        over the Consolidated Tape the last sale              calculation of the premium or discount
                                                    practicable after 4:00 p.m. E.T. The                    price for the Shares, as is the case for              of such price against such NAV; and (b)
                                                    Trustee will value the Trust’s palladium                all equity securities traded on the                   data in chart format displaying the
                                                    based on the most recently announced                    Exchange (including exchange-traded                   frequency distribution of discounts and
                                                    LBMA Palladium Price PM or LBMA                         funds). In addition, there is a                       premiums of the Bid/Ask Price against
                                                    Palladium Price AM. If neither price is                 considerable amount of information                    the NAV, within appropriate ranges, for
                                                    available for that day, the Trustee will                about palladium and palladium markets                 each of the four previous calendar
                                                    value the Trust’s palladium based on                    available on public Web sites and                     quarters. The Web site for the Trust will
                                                    the most recently announced LBMA                        through professional and subscription                 also provide the Trust’s prospectus.
                                                    Palladium Price PM or LBMA Palladium                    services.                                             Finally, the Trust’s Web site will
                                                    Price AM. If the Sponsor determines                        Investors may obtain palladium                     provide the prior day’s closing price of
                                                    that such price is inappropriate to use,                pricing information on a 24-hour basis                the Shares as traded in the U.S. market.
                                                    the Sponsor will identify an alternate                  based on the spot price for an ounce of               In addition, information regarding
                                                    basis for evaluation to be employed by                  palladium from various financial                      market price and trading volume of the
                                                    the Trustee. Further, the Sponsor may                   information service providers, such as                Shares will be continually available on
                                                    instruct the Trustee to use on an on-                   Reuters and Bloomberg.                                a real-time basis throughout the day on
                                                    going basis a different publicly available                 Reuters and Bloomberg provide at no                brokers’ computer screens and other
                                                    price which the Sponsor determines to                   charge on their Web sites delayed                     electronic services. Information
                                                    fairly represent the commercial value of                information regarding the spot price of               regarding the previous day’s closing
                                                    the Trust’s palladium.                                  palladium and last sale prices of                     price and trading volume information
                                                       The NAV per Share will be calculated                 palladium futures, as well as                         for the Shares will be published daily in
                                                    by taking the current price of the Trust’s              information about news and                            the financial section of newspapers.
                                                    total assets, subtracting any liabilities,              developments in the palladium market.                 Criteria for Initial and Continued Listing
                                                    and dividing by the total number of                     Reuters and Bloomberg also offer a
                                                    Shares outstanding. Authorized                          professional service to subscribers for a                The Trust will be subject to the
                                                    Participants will offer Shares at an                    fee that provides information on                      criteria in NYSE Arca Equities Rule
                                                    offering price that will vary, depending                palladium prices directly from market                 8.201(e) [sic] for initial and continued
                                                    on, among other factors, the price of                   participants. ICAP plc provides an                    listing of the Shares.
                                                    palladium and the trading price of the                  electronic trading platform called EBS                   A minimum of one Basket or 15,000
                                                    Shares on the Exchange at the time of                   for the trading of spot palladium, as                 Shares will be required to be
                                                    offer. Authorized Participants will not                 well as a feed of real-time streaming                 outstanding at the start of trading,
                                                    receive from the Trust, the Sponsor, the                prices, delivered as record-based digital             which is equivalent to 1,500 fine ounces
                                                    Trustee or any of their affiliates any fee              data from the EBS platform to its                     of palladium. The Exchange believes
                                                    or other compensation in connection                     customer’s market data platform via                   that the anticipated minimum number
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    with the offering of the Shares.                        Bloomberg or Reuters.                                 of Shares outstanding at the start of
                                                                                                               Complete real-time data for palladium
                                                    Secondary Market Trading                                futures and options prices traded on the                15 The IIV on a per Share basis disseminated
                                                       While the Trust seeks to reflect                     COMEX are available by subscription                   during the Core Trading Session should not be
                                                    generally the performance of the price of               from Reuters and Bloomberg. The                       viewed as a real-time update of the NAV, which is
                                                    palladium less the Trust’s expenses and                 NYMEX also provides delayed futures                   calculated once a day.
                                                                                                                                                                    16 The bid-ask price of the Shares will be
                                                    liabilities, Shares may trade at, above or              and options information on current and                determined using the highest bid and lowest offer
                                                    below their NAV. The NAV of Shares                      past trading sessions and market news                 on the Consolidated Tape as of the time of
                                                    will fluctuate with changes in the                      free of charge on its Web site. There are             calculation of the closing day NAV.



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                                                                                 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices                                                    46109

                                                    trading is sufficient to provide adequate               may be halted because of market                       the ISG, and the Exchange or FINRA, on
                                                    market liquidity.                                       conditions or for reasons that, in the                behalf of the Exchange, or both, may
                                                                                                            view of the Exchange, make trading in                 obtain trading information regarding
                                                    Trading Rules
                                                                                                            the Shares inadvisable. These may                     trading in the Shares from such markets
                                                       The Exchange deems the Shares to be                  include: (1) The extent to which                      and other entities. In addition, the
                                                    equity securities, thus rendering trading               conditions in the underlying palladium                Exchange may obtain information
                                                    in the Trust subject to the Exchange’s                  market have caused disruptions and/or                 regarding trading in the Shares from
                                                    existing rules governing the trading of                 lack of trading, or (2) whether other                 markets and other entities that are
                                                    equity securities. Trading in the Shares                unusual conditions or circumstances                   members of ISG or with which the
                                                    on the Exchange will occur in                           detrimental to the maintenance of a fair              Exchange has in place a comprehensive
                                                    accordance with NYSE Arca Equities                      and orderly market are present. In                    surveillance sharing agreement.19
                                                    Rule 7.34(a). The Exchange has                          addition, trading in Shares will be                      Also, pursuant to NYSE Arca Equities
                                                    appropriate rules to facilitate                         subject to trading halts caused by                    Rule 8.201(g) [sic], the Exchange is able
                                                    transactions in the Shares during all                   extraordinary market volatility pursuant              to obtain information regarding trading
                                                    trading sessions. As provided in NYSE                   to the Exchange’s ‘‘circuit breaker’’                 in the Shares and the underlying
                                                    Arca Equities Rule 7.6, Commentary .03,                 rule.17 The Exchange will halt trading in             palladium, palladium futures contracts,
                                                    the minimum price variation (‘‘MPV’’)                   the Shares if the NAV of the Trust is not             options on palladium futures, or any
                                                    for quoting and entry of orders in equity               calculated or disseminated daily. The                 other palladium derivative, through ETP
                                                    securities traded on the NYSE Arca                      Exchange may halt trading during the                  Holders acting as registered Market
                                                    Marketplace is $0.01, with the exception                day in which an interruption occurs to                Makers, in connection with such ETP
                                                    of securities that are priced less than                 the dissemination of the IIV, as                      Holders’ proprietary or customer trades
                                                    $1.00 for which the MPV for order entry                 described above. If the interruption to               through ETP Holders which they effect
                                                    is $0.0001.                                             the dissemination of the IIV persists                 on any relevant market.
                                                       Further, NYSE Arca Equities Rule                     past the trading day in which it occurs,                 In addition, the Exchange also has a
                                                    8.201 [sic] sets forth certain restrictions             the Exchange will halt trading no later               general policy prohibiting the
                                                    on ETP Holders acting as registered                     than the beginning of the trading day                 distribution of material, non-public
                                                    Market Makers in the Shares to facilitate               following the interruption.                           information by its employees.
                                                    surveillance. Under NYSE Arca Equities                                                                           All statements and representations
                                                    Rule 8.201(g) [sic], an ETP Holder acting               Surveillance
                                                                                                                                                                  made in this filing regarding (a) the
                                                    as a registered Market Maker in the                        The Exchange represents that trading               description of the portfolio, (b)
                                                    Shares is required to provide the                       in the Shares will be subject to the                  limitations on portfolio holdings or
                                                    Exchange with information relating to                   existing trading surveillances                        reference assets, or (c) the applicability
                                                    its trading in the underlying palladium,                administered by the Exchange, as well                 of Exchange listing rules specified in
                                                    related futures or options on futures, or               as cross-market surveillances                         this rule filing shall constitute
                                                    any other related derivatives.                          administered by the Financial Industry                continued listing requirements for
                                                    Commentary .04 of NYSE Arca Equities                    Regulatory Authority (‘‘FINRA’’) on                   listing the Shares of the Trust on the
                                                    Rule 6.3 requires an ETP Holder acting                  behalf of the Exchange, which are                     Exchange.
                                                    as a registered Market Maker, and its                   designed to detect violations of                         The issuer has represented to the
                                                    affiliates, in the Shares to establish,                 Exchange rules and applicable federal                 Exchange that it will advise the
                                                    maintain and enforce written policies                   securities laws.18 The Exchange                       Exchange of any failure by the Trust to
                                                    and procedures reasonably designed to                   represents that these procedures are                  comply with the continued listing
                                                    prevent the misuse of any material                      adequate to properly monitor Exchange                 requirements, and, pursuant to its
                                                    nonpublic information with respect to                   trading of the Shares in all trading                  obligations under Section 19(g)(1) of the
                                                    such products, any components of the                    sessions and to deter and detect                      Act, the Exchange will monitor for
                                                    related products, any physical asset or                 violations of Exchange rules and federal              compliance with the continued listing
                                                    commodity underlying the product,                       securities laws applicable to trading on              requirements. If the Trust is not in
                                                    applicable currencies, underlying                       the Exchange.                                         compliance with the applicable listing
                                                    indexes, related futures or options on                     The surveillances referred to above                requirements, the Exchange will
                                                    futures, and any related derivative                     generally focus on detecting securities               commence delisting procedures under
                                                    instruments (including the Shares).                     trading outside their normal patterns,                NYSE Arca Equities Rule 5.5(m).
                                                       As a general matter, the Exchange has                which could be indicative of
                                                    regulatory jurisdiction over its ETP                    manipulative or other violative activity.             Information Bulletin
                                                    Holders and their associated persons,                   When such situations are detected,                       Prior to the commencement of
                                                    which include any person or entity                      surveillance analysis follows and                     trading, the Exchange will inform its
                                                    controlling an ETP Holder. A subsidiary                 investigations are opened, where                      ETP Holders in an Information Bulletin
                                                    or affiliate of an ETP Holder that does                 appropriate, to review the behavior of                of the special characteristics and risks
                                                    business only in commodities or futures                 all relevant parties for all relevant                 associated with trading the Shares.
                                                    contracts would not be subject to                       trading violations.                                   Specifically, the Information Bulletin
                                                    Exchange jurisdiction, but the Exchange                    The Exchange or FINRA, on behalf of                will discuss the following: (1) The
                                                    could obtain information regarding the                  the Exchange, or both, will                           procedures for purchases and
                                                                                                            communicate as needed regarding
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                                                    activities of such subsidiary or affiliate                                                                    redemptions of Shares in Baskets
                                                    through surveillance sharing agreements                 trading in the Shares with other markets              (including noting that Shares are not
                                                    with regulatory organizations of which                  and other entities that are members of                individually redeemable); (2) NYSE
                                                    such subsidiary or affiliate is a member.                                                                     Arca Equities Rule 9.2(a), which
                                                       With respect to trading halts, the                     17 See NYSE Arca Equities Rule 7.12.
                                                                                                                                                                  imposes a duty of due diligence on its
                                                                                                              18 FINRA   conducts cross-market surveillances on
                                                    Exchange may consider all relevant                                                                            ETP Holders to learn the essential facts
                                                                                                            behalf of the Exchange pursuant to a regulatory
                                                    factors in exercising its discretion to                 services agreement. The Exchange is responsible for
                                                    halt or suspend trading in the Shares.                  FINRA’s performance under this regulatory services     19 For a list of the current members of ISG, see

                                                    Trading on the Exchange in the Shares                   agreement.                                            www.isgportal.org.



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                                                    46110                           Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices

                                                    relating to every customer prior to                        the Shares in all trading sessions and to             place surveillance procedures relating to
                                                    trading the Shares; (3) how information                    deter and detect violations of Exchange               trading in the Shares and may obtain
                                                    regarding the IIV is disseminated; (4) the                 rules and applicable federal securities               information via ISG from other
                                                    requirement that ETP Holders deliver a                     laws. The Exchange may obtain                         exchanges that are members of ISG or
                                                    prospectus to investors purchasing                         information via ISG from other                        with which the Exchange has entered
                                                    newly issued Shares prior to or                            exchanges that are members of ISG or                  into a comprehensive surveillance
                                                    concurrently with the confirmation of a                    with which the Exchange has entered                   sharing agreement. In addition, as noted
                                                    transaction; (5) the possibility that                      into a comprehensive surveillance                     above, investors will have ready access
                                                    trading spreads and the resulting                          sharing agreement.                                    to information regarding palladium
                                                    premium or discount on the Shares may                         The proposed rule change is designed               pricing.
                                                    widen as a result of reduced liquidity of                  to promote just and equitable principles
                                                    palladium trading during the Core and                      of trade and to protect investors and the             B. Self-Regulatory Organization’s
                                                    Late Trading Sessions after the close of                   public interest in that there is a                    Statement on Burden on Competition
                                                    the major world palladium markets; and                     considerable amount of palladium price                  The Exchange does not believe that
                                                    (6) trading information. For example,                      and palladium market information                      the proposed rule change will impose
                                                    the Information Bulletin will advise ETP                   available on public Web sites and                     any burden on competition that is not
                                                    Holders, prior to the commencement of                      through professional and subscription                 necessary or appropriate in furtherance
                                                    trading, of the prospectus delivery                        services. Investors may obtain                        of the purposes of the Act. The
                                                    requirements applicable to the Trust.                      palladium pricing information on a 24-                Exchange believes the proposed rule
                                                    The Exchange notes that investors                          hour basis based on the spot price for an             change will enhance competition by
                                                    purchasing Shares directly from the                        ounce of palladium from various                       accommodating Exchange trading of an
                                                    Trust (by delivery of the Creation Basket                  financial information service providers.              additional exchange-traded product
                                                    Deposit) will receive a prospectus. ETP                    Delayed information regarding the spot                relating to physical palladium.
                                                    Holders purchasing Shares from the                         price of palladium and last sale prices
                                                    Trust for resale to investors will deliver                 of palladium futures, as well as                      C. Self-Regulatory Organization’s
                                                    a prospectus to such investors.                            information about news and                            Statement on Comments on the
                                                       In addition, the Information Bulletin                   developments in the palladium market,                 Proposed Rule Change Received From
                                                    will reference that the Trust is subject                   are also available from financial                     Members, Participants, or Others
                                                    to various fees and expenses as will be                    information service providers.
                                                    described in the Registration Statement.                   Information on palladium prices                         No written comments were solicited
                                                    The Information Bulletin will also                         directly from market participants is also             or received with respect to the proposed
                                                    reference the fact that there is no                        available from financial information                  rule change.
                                                    regulated source of last sale information                  service providers. An electronic trading              III. Date of Effectiveness of the
                                                    regarding physical palladium, that the                     platform called EBS for the trading of                Proposed Rule Change and Timing for
                                                    Commission has no jurisdiction over the                    spot palladium, as well as a feed of real-            Commission Action
                                                    trading of palladium as a physical                         time streaming prices, is also available
                                                    commodity, and that the CFTC has                           from information service providers.                     Within 45 days of the date of
                                                    regulatory jurisdiction over the trading                      The NAV of the Trust will be                       publication of this notice in the Federal
                                                    of palladium futures contracts and                         published by the Sponsor on each day                  Register or within such longer period
                                                    options on palladium futures contracts.                    that the NYSE Arca is open for regular                up to 90 days (i) as the Commission may
                                                       The Information Bulletin will also                      trading and will be posted on the Trust’s             designate if it finds such longer period
                                                    discuss any relief, if granted, by the                     Web site. The IIV relating to the Shares              to be appropriate and publishes its
                                                    Commission or the staff from any rules                     will be widely disseminated by one or                 reasons for so finding or (ii) as to which
                                                    under the Act.                                             more major market data vendors at least               the self-regulatory organization
                                                                                                               every 15 seconds during the Core                      consents, the Commission will:
                                                    2. Statutory Basis                                         Trading Session. The Trust’s Web site                   (A) By order approve or disapprove
                                                       The basis under the Act for this                        will also provide the Trust’s prospectus,             the proposed rule change, or
                                                    proposed rule change is the requirement                    as well as the two most recent reports                  (B) institute proceedings to determine
                                                    under Section 6(b)(5) 20 that an                           to stockholders. In addition, information             whether the proposed rule change
                                                    exchange have rules that are designed to                   regarding market price and trading                    should be disapproved.
                                                    prevent fraudulent and manipulative                        volume of the Shares will be continually
                                                    acts and practices, to promote just and                    available on a real-time basis throughout             IV. Solicitation of Comments
                                                    equitable principles of trade, to remove                   the day on brokers’ computer screens
                                                                                                                                                                       Interested persons are invited to
                                                    impediments to, and perfect the                            and other electronic services.
                                                                                                               Information regarding the previous                    submit written data, views, and
                                                    mechanism of a free and open market
                                                                                                               day’s closing price and trading volume                arguments concerning the foregoing,
                                                    and, in general, to protect investors and
                                                                                                               information for the Shares will be                    including whether the proposed rule
                                                    the public interest.
                                                       The Exchange believes that the                          published daily in the financial section              change is consistent with the Act.
                                                    proposed rule change is designed to                        of newspapers.                                        Comments may be submitted by any of
                                                    prevent fraudulent and manipulative                           The proposed rule change is designed               the following methods:
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    acts and practices in that the Shares will                 to perfect the mechanism of a free and                Electronic Comments
                                                    be listed and traded on the Exchange                       open market and, in general, to protect
                                                    pursuant to the initial and continued                      investors and the public interest in that                • Use the Commission’s Internet
                                                    listing criteria in NYSE Arca Equities                     it will facilitate the listing and trading            comment form (http://www.sec.gov/
                                                    Rule 8.201 [sic]. The Exchange has in                      of an additional type of exchange-traded              rules/sro.shtml); or
                                                    place surveillance procedures that are                     product that will enhance competition                    • Send an email to rule-comments@
                                                    adequate to properly monitor trading in                    among market participants, to the                     sec.gov. Please include File Number SR–
                                                                                                               benefit of investors and the marketplace.             NYSEArca–2017–112 on the subject
                                                      20 15   U.S.C. 78f(b)(5).                                As noted above, the Exchange has in                   line.


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                                                                                     Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices                                                   46111

                                                    Paper Comments                                            SECURITIES AND EXCHANGE                               to the provisions of Section 19(b)(1) of
                                                                                                              COMMISSION                                            the Securities Exchange Act of 1934
                                                      • Send paper comments in triplicate                                                                           (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
                                                    to Secretary, Securities and Exchange                     [Release No. 34–81738; File No. SR–
                                                                                                              NYSEArca–2017–84]
                                                                                                                                                                    proposed rule change to adopt rules
                                                    Commission, 100 F Street NE.,                                                                                   relating to trading in index options. The
                                                    Washington, DC 20549–1090.                                Self-Regulatory Organizations; NYSE                   proposed rule change was published for
                                                    All submissions should refer to File                      Arca, Inc.; Notice of Withdrawal of a                 comment in the Federal Register on
                                                    Number SR–NYSEArca–2017–112. This                         Proposed Rule Change To Extend the                    August 16, 2017.3 The Commission
                                                    file number should be included on the                     Implementation Date for Certain                       received no comments regarding the
                                                                                                              Changes to the NYSE Arca Rule 5 and                   proposal. This order approves the
                                                    subject line if email is used. To help the
                                                                                                              Rule 8 Series                                         proposed rule change.
                                                    Commission process and review your
                                                    comments more efficiently, please use                     September 27, 2017.                                   II. Description of the Proposal
                                                    only one method. The Commission will                         On August 3, 2017, NYSE Arca, Inc.                 A. Overview
                                                    post all comments on the Commission’s                     (‘‘Exchange’’) filed with the Securities
                                                    Internet Web site (http://www.sec.gov/                    and Exchange Commission                                  The Exchange proposes to adopt new
                                                    rules/sro.shtml). Copies of the                           (‘‘Commission’’), pursuant to Section                 Chapter 18 and amend certain rules in
                                                    submission, all subsequent                                19(b)(1) of the Securities Exchange Act               the MIAX Options rulebook. The
                                                    amendments, all written statements                        of 1934 1 and Rule 19b–4 thereunder,2 a               purpose of the Exchange’s proposal is to
                                                    with respect to the proposed rule                         proposed rule change to extend the                    establish: (1) Trading rules enabling
                                                    change that are filed with the                            implementation date for certain changes               MIAX Options Members to trade index
                                                    Commission, and all written                               to the NYSE Arca Rule 5 and Rule 8                    options on the Exchange and (2) generic
                                                    communications relating to the                            Series relating to continued listing                  listing standards and maintenance
                                                                                                              standards for exchange-traded products.               standards to permit the Exchange to list
                                                    proposed rule change between the
                                                                                                              The proposed rule change was                          ‘‘broad-based’’ and ‘‘narrow-based’’
                                                    Commission and any person, other than
                                                                                                              published for comment in the Federal                  index options on the Exchange pursuant
                                                    those that may be withheld from the
                                                                                                              Register on August 22, 2017.3 The                     to Rule 19b–4(e) under the Act.4 The
                                                    public in accordance with the                                                                                   proposed generic listing and
                                                    provisions of 5 U.S.C. 552, will be                       Commission received one comment
                                                                                                              letter on the proposed rule change.4 On               maintenance standards for broad-based
                                                    available for Web site viewing and                                                                              indices listed and traded on the
                                                                                                              September 22, 2017, the Exchange
                                                    printing in the Commission’s Public                                                                             Exchange require, among other things,
                                                                                                              withdrew the proposed rule change
                                                    Reference Room, 100 F Street NE.,                                                                               that options on the index be a.m.-
                                                                                                              (SR–NYSEArca–2017–84).
                                                    Washington, DC 20549, on official                                                                               settled; that the index be capitalization-
                                                    business days between the hours of                          For the Commission, by the Division of
                                                                                                              Trading and Markets, pursuant to delegated            weighted, modified capitalization-
                                                    10:00 a.m. and 3:00 p.m. Copies of the                    authority.5                                           weighted, price-weighted, or equal
                                                    filing also will be available for                         Eduardo A. Aleman,                                    dollar-weighted; and that the index be
                                                    inspection and copying at the principal                                                                         comprised of at least fifty securities, all
                                                                                                              Assistant Secretary.
                                                    office of the Exchange. All comments                                                                            of which must be ‘‘NMS stocks,’’ as
                                                                                                              [FR Doc. 2017–21162 Filed 10–2–17; 8:45 am]
                                                    received will be posted without change;                                                                         defined in Rule 600 of Regulation
                                                                                                              BILLING CODE 8011–01–P
                                                    the Commission does not edit personal                                                                           NMS.5 The proposed generic listing and
                                                    identifying information from                                                                                    maintenance standards for narrow-based
                                                    submissions. You should submit only                       SECURITIES AND EXCHANGE                               indices require, among other
                                                    information that you wish to make                         COMMISSION                                            characteristics, that the proposed
                                                    available publicly. All submissions                                                                             indices must consist of ten or more
                                                                                                              [Release No. 34–81739; File No. SR–MIAX–              component securities.6
                                                    should refer to File Number SR–
                                                                                                              2017–39]
                                                    NYSEArca–2017–112, and should be                                                                                   In accordance with the proposal, the
                                                    submitted on or before October 24,                        Self-Regulatory Organizations; Miami                  Exchange will need to file additional
                                                    2017.                                                     International Securities Exchange LLC;                proposed rule changes with the
                                                                                                              Order Granting Approval of a                          Commission when the Exchange
                                                      For the Commission, by the Division of                                                                        identifies specific products, because the
                                                    Trading and Markets, pursuant to delegated                Proposed Rule Change To Adopt Rules
                                                                                                              Relating to Trading in Index Options                  rules related to trading options in
                                                    authority.21
                                                                                                                                                                    indices are product specific in many
                                                    Eduardo A. Aleman,                                        September 27, 2017.                                   areas.7 For purposes of this proposed
                                                    Assistant Secretary.
                                                                                                              I. Introduction
                                                    [FR Doc. 2017–21161 Filed 10–2–17; 8:45 am]                                                                       1 15  U.S.C. 78s(b)(1).
                                                    BILLING CODE 8011–01–P
                                                                                                                 On August 9, 2017, Miami                             2 17  CFR 240.19b–4.
                                                                                                              International Securities Exchange, LLC                  3 See Securities Exchange Act Release No. 81371

                                                                                                              (‘‘MIAX Options’’ or ‘‘Exchange’’) filed              (August 10, 2017), 82 FR 38942 (‘‘Notice’’).
                                                                                                                                                                      4 17 CFR 240.19b–4(e). The term ‘‘broad-based
                                                                                                              with the Securities and Exchange
                                                                                                                                                                    index’’ is defined as an index designed to be
                                                                                                              Commission (‘‘Commission’’), pursuant                 representative of a stock market as a whole or of a
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                    range of companies in unrelated industries. See
                                                                                                                1 15 U.S.C. 78s(b)(1).                              Proposed Rule 1801(k). The term ‘‘narrow-based
                                                                                                                2 17 CFR 240.19b–4.                                 index’’ is defined as an index designed to be
                                                                                                                3 See Securities Exchange Act Release No. 81411     representative of a particular industry or a group of
                                                                                                              (August 16, 2017), 82 FR 39929.                       related industries or an index whose constituents
                                                                                                                4 See letter from Jane Heinrichs, Associate         are all headquartered within a single country. See
                                                                                                              General Counsel, Investment Company Institute, to     Proposed Rule 1801(j).
                                                                                                                                                                      5 See Proposed Rule 1802(d)(4).
                                                                                                              Brent J. Fields, Secretary, Commission, dated
                                                                                                              September 1, 2017.                                      6 See Proposed Rule 1802(b)(2).
                                                      21 17   CFR 200.30–3(a)(12).                              5 17 CFR 200.30–3(a)(12).                             7 See Notice, supra note 3, at 38942–43.




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Document Created: 2017-10-03 01:01:36
Document Modified: 2017-10-03 01:01:36
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 46106 

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