82_FR_47058 82 FR 46865 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees and Charges Relating to the Listing Fees Applicable to Exchange Traded Products

82 FR 46865 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees and Charges Relating to the Listing Fees Applicable to Exchange Traded Products

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 193 (October 6, 2017)

Page Range46865-46867
FR Document2017-21539

Federal Register, Volume 82 Issue 193 (Friday, October 6, 2017)
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46865-46867]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21539]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81796; File No. SR-NYSEArca-2017-105]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the 
Schedule of Fees and Charges Relating to the Listing Fees Applicable to 
Exchange Traded Products

October 2, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given 
that on September 19, 2017, NYSE Arca, Inc. (``Exchange'' or ``NYSE 
Arca'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. 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 amend the Exchange's ``Schedule of Fees 
and Charges'' relating to the Listing Fee applicable to Exchange Traded 
Products, effective September 19, 2017. The proposed rule change is 
available on the Exchange's Web site at www.nyse.com, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the Exchange's Schedule of Fees and 
Charges (``Schedule'') relating to the ``Listing Fee'' applicable to 
Exchange-Traded Products (``ETPs''), effective September 19, 2017, as 
described below.\4\
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    \4\ For the purposes of the Schedule, the term ``Exchange Traded 
Products'' includes securities described in NYSE Arca Rules 5.2-
E(j)(3) (Investment Company Units); 8.100-E (Portfolio Depositary 
Receipts); 8.200-E (Trust Issued Receipts); 8.201-E (Commodity-Based 
Trust Shares); 8.202-E (Currency Trust Shares); 8.203-E (Commodity 
Index Trust Shares); 8.204-E (Commodity Futures Trust Shares); 
8.300-E (Partnership Units); 8.500-E (Trust Units); 8.600-E (Managed 
Fund Shares), and 8.700-E (Managed Trust Securities).
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    Currently the Schedule does not impose a Listing Fee for the 
following ETPs listed on the Exchange pursuant to Rule 19b-4(e) under 
the Act, and for which a proposed rule change pursuant to Section 19(b) 
of the Act is not required to be filed with the Commission: \5\ 
Investment Company Units; Portfolio Depositary Receipts; Currency Trust 
Shares and Managed Fund Shares (collectively, ``Generically-Listed 
Exchange Traded Products'').\6\
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    \5\ Exchange rules applicable to Trust Issued Receipts 
(Commentary .02 to NYSE Arca Rule 8.200-E); Commodity-Based Trust 
Shares (NYSE Arca Rule 8.201-E), Commodity Index Trust Shares (NYSE 
Arca Rule 8.203-E),, [sic] Commodity Futures Trust Shares (NYSE Arca 
Rule 8.204-E), Partnership Units (NYSE Arca Rule 8.300-E), Trust 
Units (NYSE Arca Rule 8.500-E), and Managed Trust Securities (NYSE 
Arca Rule 8.700-E) do not provide for listing pursuant to Rule 19b-
4(e) under the Act.
    \6\ See Securities Exchange Act Release Nos. 77883 (May 23, 
2016), 81 FR 33720 (May 27, 2016) (SR-NYSEArca-2016-69) (Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Amending 
the Exchange's Schedule of Fees and Charges to Eliminate the Listing 
Fee in Connection with Exchange Listing of Certain Exchange Traded 
Products); 78633 (August 22, 2016), 81 FR 59025 (August 26, 2016) 
(SR-NYSEArca-2016-114) (Notice of Filing and Immediate Effectiveness 
of Proposed Rule Change Amending the Exchange's Schedule of Fees and 
Charges to Eliminate the Listing Fee in Connection with Exchange 
Listing of Certain Exchange Traded Products).
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    Certain other ETPs--specifically, Trust Issued Receipts,\7\ 
Commodity-

[[Page 46866]]

Based Trust Shares, Commodity Index Trust Shares, Commodity Futures 
Trust Shares, Partnership Units, Trust Units, and non-generically-
listed Investment Company Units, Portfolio Depositary Receipts, Managed 
Fund Shares, and Currency Trust Shares--are subject to a Listing Fee of 
$7,500.\8\ Under Item 5b of the Schedule, Managed Trust Securities are 
subject to a Listing Fee of $10,000.
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    \7\ Commentary .01 to NYSE Arca Rule 8.200-E provides generic 
standards for listing Trust Issued Receipts pursuant to Rule 19b-
4(e) under the Act. However, the Exchange does not currently intend 
to list Trust Issued Receipts under Commentary .01, but instead 
lists Trust Issued Receipts under Commentary .02 to NYSE Arca Rule 
8.200-E, which does not provide generic standards for listing 
pursuant to Rule 19b-4(e) under the Act. Before listing any Trust 
Issued Receipts pursuant to Commentary .01 to NYSE Arca Rule 8.200-
E, the Exchange will first file a proposed rule change with respect 
to the Listing Fee applicable to any such generically-listed 
securities.
    \8\ Exchange rules applicable to Trust Issued Receipts 
(Commentary .02 to NYSE Arca Rule 8.200-E); Commodity-Based Trust 
Shares (NYSE Arca Rule 8.201-E), Commodity Index Trust Shares (NYSE 
Arca Rule 8.203-E),, [sic] Commodity Futures Trust Shares (NYSE Arca 
Rule 8.204-E), Partnership Units (NYSE Arca Rule 8.300-E), Trust 
Units (NYSE Arca Rule 8.500-E), and Managed Trust Securities (NYSE 
Arca Rule 8.700-E) do not provide for listing pursuant to Rule 19b-
4(e) under the Act.
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    The Exchange proposes to amend the Listing Fee applicable to ETPs 
in two respects. First, the Exchange proposes to reduce the listing fee 
for Managed Trust Securities from $10,000 to $7,500. Thus, under the 
proposed change, the same Listing Fee of $7,500 would apply to all non-
generically listed ETPs.
    Second, the Exchange proposes to amend the Schedule to provide 
that, if three or more issues of ETPs, other than Generically-Listed 
Exchange Traded Products, are issued by the same issuer and are listed 
on the Exchange in the same calendar year, such issues will be subject 
to an aggregate maximum Listing Fee of $22,500 for all such listed 
issues combined.\9\
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    \9\ With respect to the aggregate maximum Listing Fee of 
$22,500, the Exchange would not apply this provision retroactively, 
and the Exchange would not provide a refund of Listing Fees to an 
issuer that has listed four or more ETP issues in 2017 or prior 
calendar years.
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    The Exchange believes reducing the Listing Fee for Managed Trust 
Securities would result in a uniform Listing Fee for all non-
generically listed ETPs and would help correlate the Listing Fee to the 
resources required to list such issues on the Exchange. The Exchange 
believes it is appropriate to continue to charge a Listing Fee for ETPs 
for which a proposed rule change pursuant to Section 19(b) of the Act 
is required to be filed because of the additional time and resources 
required by Exchange staff to prepare and review such filings and to 
communicate with issuers and the Commission regarding such filings.
    With respect to the aggregate maximum Listing Fee of $22,500 for 
three or more ETPs, as described above, the Exchange believes it is 
appropriate to provide a cap on the Listing Fee for multiple ETPs from 
the same issuer, as described above, because such a cap will facilitate 
the issuance of additional ETPs, which may provide enhanced competition 
among ETP issuers, while providing a reduction in fees to certain 
issuers listing multiple ETPs during a calendar year. The proposed cap 
would apply equally to all issuers listing multiple ETPs on the 
Exchange during a calendar year. The Exchange believes that a Listing 
Fee cap, as described above, is appropriate in such cases because the 
Exchange experiences efficiencies commensurate with the proposed 
Listing Fee cap in working with issuers on a repeated basis in 
connection with developing and listing multiple ETPs.
    Annual Fees set forth in the Schedule applicable to ETPs would 
remain unchanged.
    Notwithstanding the reduction of the Listing Fee applicable to 
Managed Trust Securities, as well as the cap of $22,500 for multiple 
listings of ETPs by the same issuer in a calendar year, as described 
above, the Exchange will continue to be able to fund its regulatory 
obligations.
2. Statutory Basis
    NYSE Arca believes that the proposal is consistent with Section 
6(b) \10\ of the Act, in general, and Section 6(b)(4) \11\ of the Act 
in particular, in that it provides for the equitable allocation of 
reasonable dues, fees and other charges among its issuers and other 
persons using its facilities. In addition, the Exchange believes the 
proposal is consistent with the requirement under Section 6(b)(5) \12\ 
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 foster cooperation and coordination with 
persons engaged in regulating, clearing, settling, processing 
information with respect to, and facilitating transactions in 
securities, to remove impediments to, and perfect the mechanism of a 
free and open market and, in general, to protect investors and the 
public interest; and are not designed to permit unfair discrimination 
between customers, issuers, brokers, or dealers. The proposed reduction 
of the Listing Fee for Managed Trust Securities, as described above, is 
equitable and does not unfairly discriminate among issuers because it 
would apply uniformly to all such issues listed under Exchange rules. 
In addition, all ETPs other than Generically-Listed Exchange Traded 
Products would be subject to the same Listing Fee following the 
proposed Listing Fee reduction.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    With respect to the aggregate maximum Listing Fee of $22,500 for 
three or more ETPs, as described above, the Exchange believes it is 
appropriate to provide a cap on the Listing Fee for multiple ETPs from 
the same issuer because such a cap will facilitate the issuance of 
additional ETPs, which may provide enhanced competition among ETP 
issuers, while providing a reduction in fees to certain issuers listing 
multiple ETPs during a calendar year. The proposed cap would apply 
equally to all issuers listing multiple ETPs on the Exchange during a 
calendar year. The Exchange believes that a Listing Fee cap, as 
described above, is appropriate in such cases because the Exchange 
experiences efficiencies commensurate with the proposed Listing Fee cap 
in working with issuers on a repeated basis in connection with 
developing and listing multiple ETPs.
    The Exchange believes it is appropriate to continue to charge a 
Listing Fee for ETPs for which a proposed rule change pursuant to 
Section 19(b) of the Act is required to be filed because of the 
significant additional extensive time, legal and business resources 
required by Exchange staff to prepare and review such filings and to 
communicate with issuers and the Commission regarding such filings.

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 purpose of the Act. The Exchange believes the 
proposed rule change would promote competition because it will reduce 
the Listing Fee for Managed Trust Securities and cap the aggregate 
Listing Fee for multiple issues of ETPs in the same calendar year by 
the same issuer at $22,500, thereby encouraging issuers to develop and 
list additional such issues on the Exchange.

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.

[[Page 46867]]

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

    The foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \13\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \14\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-2017-105 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2017-105. 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-2017-105 and should 
be submitted on or before October 27, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21539 Filed 10-5-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices                                                  46865

                                                    (ii) as to which the Exchange consents,                   For the Commission, by the Division of              the places specified in Item IV below.
                                                    the Commission shall: (a) By order                      Trading and Markets, pursuant to delegated            The Exchange has prepared summaries,
                                                    approve or disapprove such proposed                     authority.129                                         set forth in sections A, B, and C below,
                                                    rule change, or (b) institute proceedings               Eduardo A. Aleman,                                    of the most significant parts of such
                                                    to determine whether the proposed rule                  Assistant Secretary.                                  statements.
                                                    change should be disapproved.                           [FR Doc. 2017–21538 Filed 10–5–17; 8:45 am]
                                                                                                                                                                  A. Self-Regulatory Organization’s
                                                                                                            BILLING CODE 8011–01–P
                                                    IV. Solicitation of Comments                                                                                  Statement of the Purpose of, and
                                                      Interested persons are invited to                                                                           Statutory Basis for, the Proposed Rule
                                                    submit written data, views, and                         SECURITIES AND EXCHANGE                               Change
                                                    arguments concerning the foregoing,                     COMMISSION                                            1. Purpose
                                                    including whether the proposed rule
                                                                                                            [Release No. 34–81796; File No. SR–                      The Exchange proposes to amend the
                                                    change is consistent with the Act.                      NYSEArca–2017–105]                                    Exchange’s Schedule of Fees and
                                                    Comments may be submitted by any of
                                                                                                                                                                  Charges (‘‘Schedule’’) relating to the
                                                    the following methods:                                  Self-Regulatory Organizations; NYSE                   ‘‘Listing Fee’’ applicable to Exchange-
                                                    Electronic Comments                                     Arca, Inc.; Notice of Filing and                      Traded Products (‘‘ETPs’’), effective
                                                                                                            Immediate Effectiveness of Proposed                   September 19, 2017, as described
                                                      • Use the Commission’s Internet                       Rule Change To Amend the Schedule
                                                    comment form (http://www.sec.gov/                                                                             below.4
                                                                                                            of Fees and Charges Relating to the                      Currently the Schedule does not
                                                    rules/sro.shtml); or                                    Listing Fees Applicable to Exchange                   impose a Listing Fee for the following
                                                      • Send an email to rule-comments@                     Traded Products                                       ETPs listed on the Exchange pursuant to
                                                    sec.gov. Please include File Number SR–
                                                                                                            October 2, 2017.                                      Rule 19b–4(e) under the Act, and for
                                                    MRX–2017–18 on the subject line.
                                                                                                               Pursuant to Section 19(b)(1) 1 of the              which a proposed rule change pursuant
                                                    Paper Comments                                          Securities Exchange Act of 1934                       to Section 19(b) of the Act is not
                                                       • Send paper comments in triplicate                  (‘‘Act’’) 2 and Rule 19b–4 thereunder,3               required to be filed with the
                                                    to Brent J. Fields, Secretary, Securities               notice is hereby given that on                        Commission: 5 Investment Company
                                                    and Exchange Commission, 100 F Street                   September 19, 2017, NYSE Arca, Inc.                   Units; Portfolio Depositary Receipts;
                                                    NE., Washington, DC 20549–1090.                         (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed                 Currency Trust Shares and Managed
                                                                                                            with the Securities and Exchange                      Fund Shares (collectively, ‘‘Generically-
                                                    All submissions should refer to File                                                                          Listed Exchange Traded Products’’).6
                                                    Number SR–MRX–2017–18. This file                        Commission (‘‘Commission’’) the
                                                                                                            proposed rule change as described in                     Certain other ETPs—specifically,
                                                    number should be included on the                                                                              Trust Issued Receipts,7 Commodity-
                                                    subject line if email is used. To help the              Items I, II, and III below, which Items
                                                    Commission process and review your                      have been prepared by the Exchange.                      4 For the purposes of the Schedule, the term
                                                    comments more efficiently, please use                   The Commission is publishing this                     ‘‘Exchange Traded Products’’ includes securities
                                                    only one method. The Commission will                    notice to solicit comments on the                     described in NYSE Arca Rules 5.2–E(j)(3)
                                                    post all comments on the Commission’s                   proposed rule change from interested                  (Investment Company Units); 8.100–E (Portfolio
                                                                                                            persons.                                              Depositary Receipts); 8.200–E (Trust Issued
                                                    Internet Web site (http://www.sec.gov/                                                                        Receipts); 8.201–E (Commodity-Based Trust
                                                    rules/sro.shtml). Copies of the                         I. Self-Regulatory Organization’s                     Shares); 8.202–E (Currency Trust Shares); 8.203–E
                                                    submission, all subsequent                              Statement of the Terms of Substance of                (Commodity Index Trust Shares); 8.204–E
                                                    amendments, all written statements                                                                            (Commodity Futures Trust Shares); 8.300–E
                                                                                                            the Proposed Rule Change                              (Partnership Units); 8.500–E (Trust Units); 8.600–E
                                                    with respect to the proposed rule                                                                             (Managed Fund Shares), and 8.700–E (Managed
                                                    change that are filed with the                            The Exchange proposes to amend the                  Trust Securities).
                                                    Commission, and all written                             Exchange’s ‘‘Schedule of Fees and                        5 Exchange rules applicable to Trust Issued

                                                    communications relating to the                          Charges’’ relating to the Listing Fee                 Receipts (Commentary .02 to NYSE Arca Rule
                                                    proposed rule change between the                        applicable to Exchange Traded                         8.200–E); Commodity-Based Trust Shares (NYSE
                                                                                                            Products, effective September 19, 2017.               Arca Rule 8.201–E), Commodity Index Trust Shares
                                                    Commission and any person, other than                                                                         (NYSE Arca Rule 8.203–E),, [sic] Commodity
                                                    those that may be withheld from the                     The proposed rule change is available                 Futures Trust Shares (NYSE Arca Rule 8.204–E),
                                                    public in accordance with the                           on the Exchange’s Web site at                         Partnership Units (NYSE Arca Rule 8.300–E), Trust
                                                    provisions of 5 U.S.C. 552, will be                     www.nyse.com, at the principal office of              Units (NYSE Arca Rule 8.500–E), and Managed
                                                                                                            the Exchange, and at the Commission’s                 Trust Securities (NYSE Arca Rule 8.700–E) do not
                                                    available for Web site viewing and                                                                            provide for listing pursuant to Rule 19b–4(e) under
                                                    printing in the Commission’s Public                     Public Reference Room.                                the Act.
                                                    Reference Room, 100 F Street NE.,                       II. Self-Regulatory Organization’s                       6 See Securities Exchange Act Release Nos. 77883

                                                    Washington, DC 20549, on official                                                                             (May 23, 2016), 81 FR 33720 (May 27, 2016) (SR–
                                                                                                            Statement of the Purpose of, and                      NYSEArca–2016–69) (Notice of Filing and
                                                    business days between the hours of                      Statutory Basis for, the Proposed Rule                Immediate Effectiveness of Proposed Rule Change
                                                    10:00 a.m. and 3:00 p.m. Copies of the                  Change                                                Amending the Exchange’s Schedule of Fees and
                                                    filing also will be available for                                                                             Charges to Eliminate the Listing Fee in Connection
                                                    inspection and copying at the principal                   In its filing with the Commission, the              with Exchange Listing of Certain Exchange Traded
                                                    office of the Exchange. All comments                    self-regulatory organization included                 Products); 78633 (August 22, 2016), 81 FR 59025
                                                                                                            statements concerning the purpose of,                 (August 26, 2016) (SR–NYSEArca–2016–114)
                                                    received will be posted without change;
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                  (Notice of Filing and Immediate Effectiveness of
                                                    the Commission does not edit personal                   and basis for, the proposed rule change               Proposed Rule Change Amending the Exchange’s
                                                    identifying information from                            and discussed any comments it received                Schedule of Fees and Charges to Eliminate the
                                                    submissions. You should submit only                     on the proposed rule change. The text                 Listing Fee in Connection with Exchange Listing of
                                                                                                            of those statements may be examined at                Certain Exchange Traded Products).
                                                    information that you wish to make                                                                                7 Commentary .01 to NYSE Arca Rule 8.200–E

                                                    available publicly. All submissions                       129 17
                                                                                                                                                                  provides generic standards for listing Trust Issued
                                                                                                                    CFR 200.30–3(a)(12).                          Receipts pursuant to Rule 19b–4(e) under the Act.
                                                    should refer to File Number SR–MRX–                       1 15 U.S.C. 78s(b)(1).                              However, the Exchange does not currently intend
                                                    2017–18 and should be submitted on or                     2 15 U.S.C. 78a.
                                                                                                                                                                  to list Trust Issued Receipts under Commentary .01,
                                                    before October 27, 2017.                                  3 17 CFR 240.19b–4.                                                                           Continued




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                                                    46866                          Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices

                                                    Based Trust Shares, Commodity Index                      the Exchange believes it is appropriate              Generically-Listed Exchange Traded
                                                    Trust Shares, Commodity Futures Trust                    to provide a cap on the Listing Fee for              Products would be subject to the same
                                                    Shares, Partnership Units, Trust Units,                  multiple ETPs from the same issuer, as               Listing Fee following the proposed
                                                    and non-generically-listed Investment                    described above, because such a cap                  Listing Fee reduction.
                                                    Company Units, Portfolio Depositary                      will facilitate the issuance of additional
                                                                                                                                                                     With respect to the aggregate
                                                    Receipts, Managed Fund Shares, and                       ETPs, which may provide enhanced
                                                                                                                                                                  maximum Listing Fee of $22,500 for
                                                    Currency Trust Shares—are subject to a                   competition among ETP issuers, while
                                                    Listing Fee of $7,500.8 Under Item 5b of                 providing a reduction in fees to certain             three or more ETPs, as described above,
                                                    the Schedule, Managed Trust Securities                   issuers listing multiple ETPs during a               the Exchange believes it is appropriate
                                                    are subject to a Listing Fee of $10,000.                 calendar year. The proposed cap would                to provide a cap on the Listing Fee for
                                                       The Exchange proposes to amend the                    apply equally to all issuers listing                 multiple ETPs from the same issuer
                                                    Listing Fee applicable to ETPs in two                    multiple ETPs on the Exchange during                 because such a cap will facilitate the
                                                    respects. First, the Exchange proposes to                a calendar year. The Exchange believes               issuance of additional ETPs, which may
                                                    reduce the listing fee for Managed Trust                 that a Listing Fee cap, as described                 provide enhanced competition among
                                                    Securities from $10,000 to $7,500. Thus,                 above, is appropriate in such cases                  ETP issuers, while providing a
                                                    under the proposed change, the same                      because the Exchange experiences                     reduction in fees to certain issuers
                                                    Listing Fee of $7,500 would apply to all                 efficiencies commensurate with the                   listing multiple ETPs during a calendar
                                                    non-generically listed ETPs.                             proposed Listing Fee cap in working                  year. The proposed cap would apply
                                                       Second, the Exchange proposes to                      with issuers on a repeated basis in                  equally to all issuers listing multiple
                                                    amend the Schedule to provide that, if                   connection with developing and listing               ETPs on the Exchange during a calendar
                                                    three or more issues of ETPs, other than                 multiple ETPs.                                       year. The Exchange believes that a
                                                    Generically-Listed Exchange Traded                          Annual Fees set forth in the Schedule             Listing Fee cap, as described above, is
                                                    Products, are issued by the same issuer                  applicable to ETPs would remain                      appropriate in such cases because the
                                                    and are listed on the Exchange in the                    unchanged.                                           Exchange experiences efficiencies
                                                    same calendar year, such issues will be                     Notwithstanding the reduction of the
                                                    subject to an aggregate maximum Listing                                                                       commensurate with the proposed
                                                                                                             Listing Fee applicable to Managed Trust
                                                    Fee of $22,500 for all such listed issues                Securities, as well as the cap of $22,500            Listing Fee cap in working with issuers
                                                    combined.9                                               for multiple listings of ETPs by the same            on a repeated basis in connection with
                                                       The Exchange believes reducing the                    issuer in a calendar year, as described              developing and listing multiple ETPs.
                                                    Listing Fee for Managed Trust Securities                 above, the Exchange will continue to be                 The Exchange believes it is
                                                    would result in a uniform Listing Fee                    able to fund its regulatory obligations.             appropriate to continue to charge a
                                                    for all non-generically listed ETPs and                                                                       Listing Fee for ETPs for which a
                                                    would help correlate the Listing Fee to                  2. Statutory Basis
                                                                                                                                                                  proposed rule change pursuant to
                                                    the resources required to list such issues                  NYSE Arca believes that the proposal              Section 19(b) of the Act is required to
                                                    on the Exchange. The Exchange believes                   is consistent with Section 6(b) 10 of the            be filed because of the significant
                                                    it is appropriate to continue to charge a                Act, in general, and Section 6(b)(4) 11 of           additional extensive time, legal and
                                                    Listing Fee for ETPs for which a                         the Act in particular, in that it provides
                                                                                                                                                                  business resources required by
                                                    proposed rule change pursuant to                         for the equitable allocation of reasonable
                                                                                                                                                                  Exchange staff to prepare and review
                                                    Section 19(b) of the Act is required to                  dues, fees and other charges among its
                                                    be filed because of the additional time                                                                       such filings and to communicate with
                                                                                                             issuers and other persons using its
                                                    and resources required by Exchange                       facilities. In addition, the Exchange                issuers and the Commission regarding
                                                    staff to prepare and review such filings                 believes the proposal is consistent with             such filings.
                                                    and to communicate with issuers and                      the requirement under Section 6(b)(5) 12             B. Self-Regulatory Organization’s
                                                    the Commission regarding such filings.                   that an exchange have rules that are                 Statement on Burden on Competition
                                                       With respect to the aggregate                         designed to prevent fraudulent and
                                                    maximum Listing Fee of $22,500 for                       manipulative acts and practices, to                     The Exchange does not believe that
                                                    three or more ETPs, as described above,                  promote just and equitable principles of             the proposed rule change will impose
                                                                                                             trade, to foster cooperation and                     any burden on competition that is not
                                                    but instead lists Trust Issued Receipts under            coordination with persons engaged in                 necessary or appropriate in furtherance
                                                    Commentary .02 to NYSE Arca Rule 8.200–E, which
                                                    does not provide generic standards for listing           regulating, clearing, settling, processing           of the purpose of the Act. The Exchange
                                                    pursuant to Rule 19b–4(e) under the Act. Before          information with respect to, and                     believes the proposed rule change
                                                    listing any Trust Issued Receipts pursuant to            facilitating transactions in securities, to          would promote competition because it
                                                    Commentary .01 to NYSE Arca Rule 8.200–E, the            remove impediments to, and perfect the
                                                    Exchange will first file a proposed rule change with                                                          will reduce the Listing Fee for Managed
                                                    respect to the Listing Fee applicable to any such        mechanism of a free and open market                  Trust Securities and cap the aggregate
                                                    generically-listed securities.                           and, in general, to protect investors and            Listing Fee for multiple issues of ETPs
                                                       8 Exchange rules applicable to Trust Issued           the public interest; and are not designed            in the same calendar year by the same
                                                    Receipts (Commentary .02 to NYSE Arca Rule               to permit unfair discrimination between
                                                    8.200–E); Commodity-Based Trust Shares (NYSE                                                                  issuer at $22,500, thereby encouraging
                                                                                                             customers, issuers, brokers, or dealers.
                                                    Arca Rule 8.201–E), Commodity Index Trust Shares                                                              issuers to develop and list additional
                                                    (NYSE Arca Rule 8.203–E),, [sic] Commodity               The proposed reduction of the Listing
                                                                                                                                                                  such issues on the Exchange.
                                                    Futures Trust Shares (NYSE Arca Rule 8.204–E),           Fee for Managed Trust Securities, as
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                                                    Partnership Units (NYSE Arca Rule 8.300–E), Trust        described above, is equitable and does
                                                    Units (NYSE Arca Rule 8.500–E), and Managed
                                                                                                                                                                  C. Self-Regulatory Organization’s
                                                    Trust Securities (NYSE Arca Rule 8.700–E) do not         not unfairly discriminate among issuers              Statement on Comments on the
                                                    provide for listing pursuant to Rule 19b–4(e) under      because it would apply uniformly to all              Proposed Rule Change Received From
                                                    the Act.                                                 such issues listed under Exchange rules.             Members, Participants, or Others
                                                       9 With respect to the aggregate maximum Listing
                                                                                                             In addition, all ETPs other than
                                                    Fee of $22,500, the Exchange would not apply this
                                                    provision retroactively, and the Exchange would
                                                                                                                                                                    No written comments were solicited
                                                    not provide a refund of Listing Fees to an issuer that
                                                                                                              10 15 U.S.C. 78f(b).                                or received with respect to the proposed
                                                                                                              11 15 U.S.C. 78f(b)(4).
                                                    has listed four or more ETP issues in 2017 or prior                                                           rule change.
                                                    calendar years.                                           12 15 U.S.C. 78f(b)(5).




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                                                                                   Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices                                                   46867

                                                    III. Date of Effectiveness of the                       proposed rule change between the                      I. Self-Regulatory Organization’s
                                                    Proposed Rule Change and Timing for                     Commission and any person, other than                 Statement of the Terms of Substance of
                                                    Commission Action                                       those that may be withheld from the                   the Proposed Rule Change
                                                       The foregoing rule change is effective               public in accordance with the                            The Exchange proposes to reflect a
                                                    upon filing pursuant to Section                         provisions of 5 U.S.C. 552, will be                   change to the administrator for the
                                                    19(b)(3)(A) 13 of the Act and                           available for Web site viewing and                    London Bullion Market Association
                                                    subparagraph (f)(2) of Rule 19b–4 14                    printing in the Commission’s Public                   (‘‘LBMA’’) Silver Price from CME
                                                    thereunder, because it establishes a due,               Reference Room, 100 F Street NE.,                     Group, Inc. and Thomson Reuters to ICE
                                                    fee, or other charge imposed by the                     Washington, DC 20549 on official                      Benchmark Administration, effective as
                                                    Exchange.                                               business days between the hours of                    of October 2, 2017. The proposed rule
                                                       At any time within 60 days of the                    10:00 a.m. and 3:00 p.m. Copies of the                change is available on the Exchange’s
                                                    filing of such proposed rule change, the                filing also will be available for                     Web site at www.nyse.com, at the
                                                    Commission summarily may                                inspection and copying at the principal               principal office of the Exchange, and at
                                                    temporarily suspend such rule change if                 office of the Exchange. All comments                  the Commission’s Public Reference
                                                    it appears to the Commission that such                  received will be posted without change;               Room.
                                                    action is necessary or appropriate in the               the Commission does not edit personal
                                                    public interest, for the protection of                  identifying information from                          II. Self-Regulatory Organization’s
                                                    investors, or otherwise in furtherance of               submissions. You should submit only                   Statement of the Purpose of, and
                                                    the purposes of the Act. If the                         information that you wish to make                     Statutory Basis for, the Proposed Rule
                                                    Commission takes such action, the                       available publicly. All submissions                   Change
                                                    Commission shall institute proceedings                  should refer to File Number SR–                         In its filing with the Commission, the
                                                    under Section 19(b)(2)(B) 15 of the Act to              NYSEArca–2017–105 and should be                       self-regulatory organization included
                                                    determine whether the proposed rule                     submitted on or before October 27,                    statements concerning the purpose of,
                                                    change should be approved or                            2017.                                                 and basis for, the proposed rule change
                                                    disapproved.                                                                                                  and discussed any comments it received
                                                                                                              For the Commission, by the Division of
                                                    IV. Solicitation of Comments                            Trading and Markets, pursuant to delegated            on the proposed rule change. The text
                                                                                                            authority.16                                          of those statements may be examined at
                                                      Interested persons are invited to                                                                           the places specified in Item IV below.
                                                    submit written data, views, and                         Eduardo A. Aleman,
                                                                                                                                                                  The Exchange has prepared summaries,
                                                    arguments concerning the foregoing,                     Assistant Secretary.                                  set forth in sections A, B, and C below,
                                                    including whether the proposed rule                     [FR Doc. 2017–21539 Filed 10–5–17; 8:45 am]           of the most significant parts of such
                                                    change is consistent with the Act.                      BILLING CODE 8011–01–P                                statements.
                                                    Comments may be submitted by any of
                                                    the following methods:                                                                                        A. Self-Regulatory Organization’s
                                                                                                            SECURITIES AND EXCHANGE                               Statement of the Purpose of, and the
                                                    Electronic Comments                                                                                           Statutory Basis for, the Proposed Rule
                                                                                                            COMMISSION
                                                       • Use the Commission’s Internet                                                                            Change
                                                    comment form (http://www.sec.gov/
                                                    rules/sro.shtml); or                                    [Release No. 34–81792; File No. SR–                   1. Purpose
                                                       • Send an email to rule-comments@                    NYSEArca–2017–113]                                       The Exchange proposes to reflect a
                                                    sec.gov. Please include File Number SR–                                                                       change to the administrator for the
                                                    NYSEArca–2017–105 on the subject                        Self-Regulatory Organizations; NYSE                   LBMA Silver Price from CME Group,
                                                    line.                                                   Arca, Inc.; Notice of Filing and                      Inc. (‘‘CME’’) and Thomson Reuters to
                                                                                                            Immediate Effectiveness of Proposed                   ICE Benchmark Administration (‘‘IBA’’),
                                                    Paper Comments                                          Rule Change To Reflect a Change to                    effective as of October 2, 2017, as
                                                       • Send paper comments in triplicate                  the Administrator for the London                      described further below.3 The LBMA
                                                    to Secretary, Securities and Exchange                   Bullion Market Association Silver Price               Silver Price is the price used with
                                                    Commission, 100 F Street NE.,                           to ICE Benchmark Administration                       respect to calculation of the net asset
                                                    Washington, DC 20549–1090.                                                                                    value for the iShares Silver Trust,4 ETFS
                                                                                                            October 2, 2017.
                                                    All submissions should refer to File
                                                    Number SR–NYSEArca–2017–105. This                          Pursuant to Section 19(b)(1) of the                   3 See press release dated July 14, 2017 from

                                                    file number should be included on the                   Securities Exchange Act of 1934                       Intercontinental Exchange (‘‘ICE’’) and the LBMA
                                                                                                            (‘‘Act’’),1 and Rule 19b–4 thereunder,2               announced [sic] that IBA has been chosen as the
                                                    subject line if email is used. To help the                                                                    new administrator for the LBMA Silver Price,
                                                    Commission process and review your                      notice is hereby given that, on                       which is available here: http://www.lbma.org.uk/_
                                                    comments more efficiently, please use                   September 21, 2017, NYSE Arca, Inc.                   blog/lbma_media_centre/post/ice-benchmark-
                                                    only one method. The Commission will                    (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed                 administration-to-take-over-administration-of-the-
                                                                                                            with the Securities and Exchange                      lbma-silver-price/. See also, ICE press release dated
                                                    post all comments on the Commission’s                                                                         September 21, 2017, ‘‘ICE Benchmark
                                                    Internet Web site (http://www.sec.gov/                  Commission (‘‘Commission’’) the                       Administration to Launch LBMA Silver Price on 2
                                                    rules/sro.shtml). Copies of the                         proposed rule change as described in                  October 2017’’, which is available here: http://
                                                    submission, all subsequent                              Items I and II below, which Items have                ir.theice.com/press/press-releases/all-categories/
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                                                                                                            been prepared by the self-regulatory                  2017/09-21-2017-110006932?=news_promo.
                                                    amendments, all written statements                                                                               4 See Securities Exchange Act Release Nos. 58956
                                                    with respect to the proposed rule                       organization. The Commission is
                                                                                                                                                                  (November 14, 2008), 73 FR 71074 (November 24,
                                                    change that are filed with the                          publishing this notice to solicit                     2008) (SR–NYSEArca 2008–124) (approving listing
                                                    Commission, and all written                             comments on the proposed rule change                  on the Exchange of the iShares Silver Trust); 53520
                                                    communications relating to the                          from interested persons.                              (March 20, 2006), 71 FR 14977 (March 24, 2006)
                                                                                                                                                                  (SR–PCX–2005–117) (order approving listing and
                                                                                                                                                                  trading of shares of the iShares Silver Trust
                                                      13 15 U.S.C. 78s(b)(3)(A).                              16 17 CFR 200.30–3(a)(12).                          pursuant to unlisted trading privileges); 53521
                                                      14 17 CFR 240.19b–4(f)(2).                              1 15 U.S.C. 78s(b)(1).                              (March 20, 2006), 71 FR 14967 (March 24, 2006)
                                                      15 15 U.S.C. 78s(b)(2)(B).                              2 17 CFR 240.19b–4.                                                                             Continued




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Document Created: 2017-10-06 00:08:49
Document Modified: 2017-10-06 00:08:49
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 46865 

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