82_FR_47245 82 FR 47051 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Remove Obsolete Text From Options Regulatory Fee Rule

82 FR 47051 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Remove Obsolete Text From Options Regulatory Fee Rule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 194 (October 10, 2017)

Page Range47051-47053
FR Document2017-21670

Federal Register, Volume 82 Issue 194 (Tuesday, October 10, 2017)
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Pages 47051-47053]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21670]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81803; File No. SR-ISE-2017-85]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Remove Obsolete 
Text From Options Regulatory Fee Rule

October 3, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on September 25, 2017, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 remove obsolete rule text from the 
Schedule of Fees at Chapter VII, Section C, entitled ``Options 
Regulatory Fee.''
    The text of the proposed rule change is set forth below. Proposed 
deletions are enclosed in [brackets].
* * * * *

Nasdaq ISE

Schedule of Fees

* * * * *

[[Page 47052]]

VII. Legal & Regulatory

* * * * *
C. Options Regulatory Fee
    [$0.0039 per contract side. Effective August 1, 2017, t]The ORF 
shall be $0.0016 per contract side.
    The Options Regulatory Fee (``ORF'') is assessed by ISE to each ISE 
Member for options transactions cleared by The Options Clearing 
Corporation (``OCC'') in the customer range where: (1) the execution 
occurs on ISE or (2) the execution occurs on another exchange and is 
cleared by an ISE Member. The ORF is collected by OCC on behalf of ISE 
from (1) ISE clearing members for all customer transactions they clear 
or (2) non-members for all customer transactions they clear that were 
executed on ISE. ISE uses reports from OCC when assessing and 
collecting ORF. The Exchange will notify Members via an Options Trader 
Alert of any change in the amount of the fee at least 30 calendar days 
prior to the effective date of the change.
* * * * *

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 Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    The Exchange recently amended its Options Regulatory Fee or ``ORF'' 
located in the Schedule of Fees at Chapter VII, Section C.\3\ At that 
time the rule text reflected the current fee and the proposed amendment 
which took effect on August 1, 2017. For clarity and ease of reference, 
the Exchange proposes to remove the outdated reference to the prior 
ORF.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 81345 (August 8, 
2017), 82 FR 37939 (August 14, 2017) (SR-ISE-2017-071).
---------------------------------------------------------------------------

    This rule change is non-substantive and merely serves to update the 
rule text.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\4\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\5\ in particular, in that it is designed to promote 
just and equitable principles of trade, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general to protect investors and the public interest, 
by removing obsolete rule text.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange proposes to remove outdated references to ORF prior to 
August 1, 2017. The Exchange believes this rule change will provide 
clarity and ease of reference when Members review the ORF rule.

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 not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed change is a non-
substantive amendment to remove obsolete rule text.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \6\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or 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-ISE-2017-85 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.
All submissions should refer to File Number SR-ISE-2017-85. 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-ISE-

[[Page 47053]]

2017-85 and should be submitted on or before October 31, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-21670 Filed 10-6-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Notices                                              47051

                                                11.9 are also consistent with the Act in                along with a brief description and text               filing also will be available for
                                                that they will provide additional                       of the proposed rule change, at least five            inspection and copying at the principal
                                                specificity to the rules. In particular, the            business days prior to the date of filing             office of the Exchange. All comments
                                                amendments to paragraph (e)(3) of Rule                  of the proposed rule change, or such                  received will be posted without change;
                                                11.10 [sic] will ensure the rule uses                   shorter time as designated by the                     the Commission does not edit personal
                                                terminology consistent with the                         Commission.                                           identifying information from
                                                description of Replace messages and                        At any time within 60 days of the                  submissions. You should submit only
                                                their impact on an order’s priority under               filing of the proposed rule change, the               information that you wish to make
                                                Exchange Rule 11.12(a)(4). Also, the                    Commission summarily may                              available publicly. All submissions
                                                Exchange notes that the proposed                        temporarily suspend such rule change if               should refer to File Number SR–
                                                change would harmonize the                              it appears to the Commission that such                BatsBYX–2017–24, and should be
                                                description of Replace messages under                   action is: (1) Necessary or appropriate in            submitted on or before October 31,
                                                Exchange Rule 11.9(e)(3) with EDGX                      the public interest; (2) for the protection           2017.
                                                Rule 11.10(e)(3).                                       of investors; or (3) otherwise in
                                                                                                                                                                For the Commission, by the Division of
                                                                                                        furtherance of the purposes of the Act.               Trading and Markets, pursuant to delegated
                                                B. Self-Regulatory Organization’s                       If the Commission takes such action, the
                                                Statement on Burden on Competition                                                                            authority.38
                                                                                                        Commission shall institute proceedings                Robert W. Errett,
                                                   The Exchange does not believe that                   to determine whether the proposed rule
                                                                                                                                                              Deputy Secretary.
                                                the proposed rule change will result in                 should be approved or disapproved.
                                                                                                                                                              [FR Doc. 2017–21673 Filed 10–6–17; 8:45 am]
                                                any burden on competition that is not                   IV. Solicitation of Comments                          BILLING CODE 8011–01–P
                                                necessary or appropriate in furtherance
                                                of the purposes of the Act, as amended.                   Interested persons are invited to
                                                On the contrary, the Exchange believes                  submit written data, views, and
                                                                                                        arguments concerning the foregoing,                   SECURITIES AND EXCHANGE
                                                the proposed rule change promotes
                                                                                                        including whether the proposed rule                   COMMISSION
                                                competition because it will enable the
                                                Exchange to offer functionality                         change is consistent with the Act.                    [Release No. 34–81803; File No. SR–ISE–
                                                substantially similar to that offered by                Comments may be submitted by any of                   2017–85]
                                                Nasdaq and IEX.35 In addition, the                      the following methods:
                                                proposed amendments to paragraph                                                                              Self-Regulatory Organizations; Nasdaq
                                                                                                        Electronic Comments                                   ISE, LLC; Notice of Filing and
                                                (e)(3) of Rule 11.10 [sic] would not have
                                                                                                          • Use the Commission’s Internet                     Immediate Effectiveness of Proposed
                                                any impact on competition as they
                                                                                                        comment form (http://www.sec.gov/                     Rule Change To Remove Obsolete Text
                                                simply provide additional details to the
                                                                                                        rules/sro.shtml); or                                  From Options Regulatory Fee Rule
                                                rule and do not alter current System
                                                                                                          • Send an email to rule-comments@
                                                functionality. Therefore, the Exchange                                                                        October 3, 2017.
                                                                                                        sec.gov. Please include File Number SR–
                                                does not believe the proposed rule                                                                               Pursuant to Section 19(b)(1) of the
                                                                                                        BatsBYX–2017–24 on the subject line.
                                                change will result in any burden on                                                                           Securities Exchange Act of 1934
                                                intermarket competition that is not                     Paper Comments                                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                necessary or appropriate in furtherance                    • Send paper comments in triplicate                notice is hereby given that on
                                                of the purposes of the Act.                             to Secretary, Securities and Exchange                 September 25, 2017, Nasdaq ISE, LLC
                                                C. Self-Regulatory Organization’s                       Commission, 100 F Street NE.,                         (‘‘ISE’’ or ‘‘Exchange’’) filed with the
                                                Statement on Comments on the                            Washington, DC 20549–1090.                            Securities and Exchange Commission
                                                Proposed Rule Change Received From                      All submissions should refer to File                  (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                Members, Participants, or Others                        Number SR–BatsBYX–2017–24. This                       rule change as described in Items I, II,
                                                                                                        file number should be included on the                 and III, below, which Items have been
                                                  No comments were solicited or
                                                                                                        subject line if email is used. To help the            prepared by the Exchange. The
                                                received on the proposed rule change.
                                                                                                        Commission process and review your                    Commission is publishing this notice to
                                                III. Date of Effectiveness of the                       comments more efficiently, please use                 solicit comments on the proposed rule
                                                Proposed Rule Change and Timing for                     only one method. The Commission will                  change from interested persons.
                                                Commission Action                                       post all comments on the Commission’s                 I. Self-Regulatory Organization’s
                                                   Because the foregoing proposed rule                  Internet Web site (http://www.sec.gov/                Statement of the Terms of Substance of
                                                change does not: (A) Significantly affect               rules/sro.shtml). Copies of the                       the Proposed Rule Change
                                                the protection of investors or the public               submission, all subsequent
                                                                                                        amendments, all written statements                       The Exchange proposes to remove
                                                interest; (B) impose any significant
                                                                                                        with respect to the proposed rule                     obsolete rule text from the Schedule of
                                                burden on competition; and (C) by its
                                                                                                        change that are filed with the                        Fees at Chapter VII, Section C, entitled
                                                terms, become operative for 30 days
                                                                                                        Commission, and all written                           ‘‘Options Regulatory Fee.’’
                                                from the date on which it was filed or
                                                                                                        communications relating to the                           The text of the proposed rule change
                                                such shorter time as the Commission
                                                                                                        proposed rule change between the                      is set forth below. Proposed deletions
                                                may designate, it has become effective
                                                                                                        Commission and any person, other than                 are enclosed in [brackets].
                                                pursuant to Section 19(b)(3)(A) of the
                                                Act 36 and paragraph (f)(6) of Rule 19b–                those that may be withheld from the                   *      *     *    *    *
                                                                                                        public in accordance with the
sradovich on DSK3GMQ082PROD with NOTICES




                                                4 thereunder.37 As required by Rule                                                                           Nasdaq ISE
                                                19b–4(f)(6)(iii), the Exchange has given                provisions of 5 U.S.C. 552, will be
                                                the Commission written notice of its                    available for Web site viewing and                    Schedule of Fees
                                                intent to file the proposed rule change,                printing in the Commission’s Public                   *           *   *     *          *
                                                                                                        Reference Room, 100 F Street NE.,
                                                  35 See supra note 30.                                 Washington, DC 20549 on official                          38 17 CFR 200.30–3(a)(12).
                                                  36 15 U.S.C. 78s(b)(3)(A).                            business days between the hours of                        1 15 U.S.C. 78s(b)(1).
                                                  37 17 CFR 240.19b–4.                                  10:00 a.m. and 3:00 p.m. Copies of the                    2 17 CFR 240.19b–4.




                                           VerDate Sep<11>2014   17:26 Oct 06, 2017   Jkt 244001   PO 00000   Frm 00098   Fmt 4703   Sfmt 4703   E:\FR\FM\10OCN1.SGM      10OCN1


                                                47052                        Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Notices

                                                VII. Legal & Regulatory                                 2. Statutory Basis                                        action is: (i) Necessary or appropriate in
                                                *      *     *       *      *                              The Exchange believes that its                         the public interest; (ii) for the protection
                                                                                                        proposal is consistent with Section 6(b)                  of investors; or (iii) otherwise in
                                                C. Options Regulatory Fee                                                                                         furtherance of the purposes of the Act.
                                                                                                        of the Act,4 in general, and furthers the
                                                   [$0.0039 per contract side. Effective                objectives of Section 6(b)(5) of the Act,5                If the Commission takes such action, the
                                                August 1, 2017, t]The ORF shall be                      in particular, in that it is designed to                  Commission shall institute proceedings
                                                $0.0016 per contract side.                              promote just and equitable principles of                  to determine whether the proposed rule
                                                   The Options Regulatory Fee (‘‘ORF’’)                 trade, to remove impediments to and                       should be approved or disapproved.
                                                is assessed by ISE to each ISE Member                   perfect the mechanism of a free and                       IV. Solicitation of Comments
                                                for options transactions cleared by The                 open market and a national market
                                                Options Clearing Corporation (‘‘OCC’’)                  system, and, in general to protect                          Interested persons are invited to
                                                in the customer range where: (1) the                    investors and the public interest, by                     submit written data, views, and
                                                execution occurs on ISE or (2) the                      removing obsolete rule text.                              arguments concerning the foregoing,
                                                execution occurs on another exchange                       The Exchange proposes to remove                        including whether the proposed rule
                                                and is cleared by an ISE Member. The                    outdated references to ORF prior to                       change is consistent with the Act.
                                                ORF is collected by OCC on behalf of                    August 1, 2017. The Exchange believes                     Comments may be submitted by any of
                                                ISE from (1) ISE clearing members for                   this rule change will provide clarity and                 the following methods:
                                                all customer transactions they clear or                 ease of reference when Members review                     Electronic Comments
                                                (2) non-members for all customer                        the ORF rule.
                                                transactions they clear that were                                                                                   • Use the Commission’s Internet
                                                executed on ISE. ISE uses reports from                  B. Self-Regulatory Organization’s                         comment form (http://www.sec.gov/
                                                OCC when assessing and collecting                       Statement on Burden on Competition                        rules/sro.shtml); or
                                                ORF. The Exchange will notify Members                     The Exchange does not believe that                        • Send an email to rule-comments@
                                                via an Options Trader Alert of any                      the proposed rule change will impose                      sec.gov. Please include File Number SR–
                                                change in the amount of the fee at least                any burden on competition not                             ISE–2017–85 on the subject line.
                                                30 calendar days prior to the effective                 necessary or appropriate in furtherance                   Paper Comments
                                                date of the change.                                     of the purposes of the Act. The
                                                *     *     *    *     *                                proposed change is a non-substantive                         • Send paper comments in triplicate
                                                                                                        amendment to remove obsolete rule                         to Brent J. Fields, Secretary, Securities
                                                II. Self-Regulatory Organization’s                      text.                                                     and Exchange Commission, 100 F Street
                                                Statement of the Purpose of, and                                                                                  NE., Washington, DC 20549–1090.
                                                Statutory Basis for, the Proposed Rule                  C. Self-Regulatory Organization’s
                                                                                                                                                                  All submissions should refer to File
                                                Change                                                  Statement on Comments on the
                                                                                                                                                                  Number SR–ISE–2017–85. This file
                                                                                                        Proposed Rule Change Received From
                                                  In its filing with the Commission, the                                                                          number should be included on the
                                                                                                        Members, Participants, or Others
                                                Exchange included statements                                                                                      subject line if email is used. To help the
                                                concerning the purpose of and basis for                   No written comments were either                         Commission process and review your
                                                the proposed rule change and discussed                  solicited or received.                                    comments more efficiently, please use
                                                any comments it received on the                         III. Date of Effectiveness of the                         only one method. The Commission will
                                                proposed rule change. The text of these                 Proposed Rule Change and Timing for                       post all comments on the Commission’s
                                                statements may be examined at the                       Commission Action                                         Internet Web site (http://www.sec.gov/
                                                places specified in Item IV below. The                                                                            rules/sro.shtml). Copies of the
                                                Exchange has prepared summaries, set                       Because the foregoing proposed rule                    submission, all subsequent
                                                forth in sections A, B, and C below, of                 change does not: (i) Significantly affect                 amendments, all written statements
                                                the most significant aspects of such                    the protection of investors or the public                 with respect to the proposed rule
                                                statements.                                             interest; (ii) impose any significant                     change that are filed with the
                                                                                                        burden on competition; and (iii) become                   Commission, and all written
                                                A. Self-Regulatory Organization’s                       operative for 30 days from the date on                    communications relating to the
                                                Statement of the Purpose of, and                        which it was filed, or such shorter time                  proposed rule change between the
                                                Statutory Basis for, the Proposed Rule                  as the Commission may designate, it has                   Commission and any person, other than
                                                Change                                                  become effective pursuant to Section                      those that may be withheld from the
                                                1. Purpose                                              19(b)(3)(A)(iii) of the Act 6 and                         public in accordance with the
                                                                                                        subparagraph (f)(6) of Rule 19b–4                         provisions of 5 U.S.C. 552, will be
                                                   The Exchange recently amended its                    thereunder.7                                              available for Web site viewing and
                                                Options Regulatory Fee or ‘‘ORF’’                          At any time within 60 days of the                      printing in the Commission’s Public
                                                located in the Schedule of Fees at                      filing of the proposed rule change, the                   Reference Room, 100 F Street NE.,
                                                Chapter VII, Section C.3 At that time the               Commission summarily may                                  Washington, DC 20549, on official
                                                rule text reflected the current fee and                 temporarily suspend such rule change if                   business days between the hours of
                                                the proposed amendment which took                       it appears to the Commission that such                    10:00 a.m. and 3:00 p.m. Copies of the
                                                effect on August 1, 2017. For clarity and
                                                                                                                                                                  filing also will be available for
                                                ease of reference, the Exchange proposes                  4 15  U.S.C. 78f(b).                                    inspection and copying at the principal
                                                to remove the outdated reference to the                   5 15  U.S.C. 78f(b)(5).
                                                                                                                                                                  office of the Exchange. All comments
sradovich on DSK3GMQ082PROD with NOTICES




                                                prior ORF.                                                6 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                                                                                  received will be posted without change;
                                                   This rule change is non-substantive                    7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–

                                                                                                        4(f)(6) requires a self-regulatory organization to give   the Commission does not edit personal
                                                and merely serves to update the rule
                                                                                                        the Commission written notice of its intent to file       identifying information from
                                                text.                                                   the proposed rule change at least five business days      submissions. You should submit only
                                                                                                        prior to the date of filing of the proposed rule
                                                  3 See Securities Exchange Act Release No. 81345       change, or such shorter time as designated by the
                                                                                                                                                                  information that you wish to make
                                                (August 8, 2017), 82 FR 37939 (August 14, 2017)         Commission. The Exchange has satisfied this               available publicly. All submissions
                                                (SR–ISE–2017–071).                                      requirement.                                              should refer to File Number SR–ISE–


                                           VerDate Sep<11>2014   17:26 Oct 06, 2017   Jkt 244001   PO 00000   Frm 00099   Fmt 4703   Sfmt 4703   E:\FR\FM\10OCN1.SGM     10OCN1


                                                                                Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Notices                                                   47053

                                                2017–85 and should be submitted on or                     open-end management investment                         Fund shares will be purchased and
                                                before October 31, 2017.                                  company with multiple series, Capital                  redeemed at their NAV in Creation
                                                  For the Commission, by the Division of                  Impact Advisors, LLC (the ‘‘Initial                    Units (other than pursuant to a
                                                Trading and Markets, pursuant to delegated                Adviser’’), a Delaware limited liability               distribution reinvestment program), as
                                                authority.8                                               company registered as an investment                    described in the application. All orders
                                                Robert W. Errett,                                         adviser under the Investment Advisers                  to purchase Creation Units and all
                                                Deputy Secretary.                                         Act of 1940, and Rafferty Capital                      redemption requests will be placed by
                                                [FR Doc. 2017–21670 Filed 10–6–17; 8:45 am]
                                                                                                          Markets, LLC (the ‘‘Distributor’’), a                  or through an ‘‘Authorized Participant,’’
                                                                                                          Delaware limited liability company and                 which will have signed a participant
                                                BILLING CODE 8011–01–P
                                                                                                          broker-dealer registered under the                     agreement with the Distributor. Shares
                                                                                                          Securities Exchange Act of 1934                        will be listed and traded individually on
                                                SECURITIES AND EXCHANGE                                   (‘‘Exchange Act’’).                                    a national securities exchange, where
                                                COMMISSION                                                FILING DATES: The application was filed                share prices will be based on the current
                                                                                                          on July 21, 2017. Applicants have                      bid/offer market. Certain Funds may
                                                [Investment Company Act Release No.                       agreed to file an amendment during the                 operate as Feeder Funds in a master-
                                                32847; 812–14803]                                                                                                feeder structure. Any order granting the
                                                                                                          notice period, the substance of which is
                                                                                                          reflected in this notice.                              requested relief would be subject to the
                                                EntrepreneurShares Series Trust, et al.
                                                                                                          HEARING OR NOTIFICATION OF HEARING: An                 terms and conditions stated in the
                                                October 3, 2017.                                          order granting the requested relief will               application.
                                                AGENCY: Securities and Exchange                           be issued unless the Commission orders                    2. Each Fund will hold investment
                                                Commission (‘‘Commission’’).                              a hearing. Interested persons may                      positions selected to correspond closely
                                                ACTION: Notice.                                           request a hearing by writing to the                    to the performance of an Underlying
                                                                                                          Commission’s Secretary and serving                     Index. In the case of Self-Indexing
                                                   Notice of an application for an order                  applicants with a copy of the request,                 Funds, an affiliated person, as defined
                                                under section 6(c) of the Investment                      personally or by mail. Hearing requests                in section 2(a)(3) of the Act (‘‘Affiliated
                                                Company Act of 1940 (the ‘‘Act’’) for an                  should be received by the Commission                   Person’’), or an affiliated person of an
                                                exemption from sections 2(a)(32),                         by 5:30 p.m. on October 27, 2017, and                  Affiliated Person (‘‘Second-Tier
                                                5(a)(1), 22(d), and 22(e) of the Act and                  should be accompanied by proof of                      Affiliate’’), of the Trust or a Fund, of the
                                                rule 22c–1 under the Act, under                           service on applicants, in the form of an               Adviser, of any sub-adviser to or
                                                sections 6(c) and 17(b) of the Act for an                 affidavit, or for lawyers, a certificate of            promoter of a Fund, or of the Distributor
                                                exemption from sections 17(a)(1) and                      service. Pursuant to rule 0–5 under the                will compile, create, sponsor or
                                                17(a)(2) of the Act, and under section                    Act, hearing requests should state the                 maintain the Underlying Index.2
                                                12(d)(1)(J) for an exemption from                         nature of the writer’s interest, any facts                3. Shares will be purchased and
                                                sections 12(d)(1)(A) and 12(d)(1)(B) of                   bearing upon the desirability of a                     redeemed in Creation Units and
                                                the Act. The requested order would                        hearing on the matter, the reason for the              generally on an in-kind basis, or issued
                                                permit (a) index-based series of certain                  request, and the issues contested.                     in less than Creation Unit size to
                                                open-end management investment                            Persons who wish to be notified of a                   investors participating in a distribution
                                                companies (‘‘Funds’’) to issue shares                     hearing may request notification by                    reinvestment program. Except where the
                                                redeemable in large aggregations                          writing to the Commission’s Secretary.                 purchase or redemption will include
                                                (‘‘Creation Units’’); (b) secondary market                ADDRESSES: Applicants: Trust and
                                                                                                                                                                 cash under the limited circumstances
                                                transactions in Fund shares to occur at                   Initial Adviser, 175 Federal Street, Suite             specified in the application, purchasers
                                                negotiated market prices rather than at                   875, Boston, MA 02110; Distributor,                    will be required to purchase Creation
                                                net asset value (‘‘NAV’’); (c) certain                    1010 Franklin Ave., Garden City, NY                    Units by depositing specified
                                                Funds to pay redemption proceeds,                         11530.                                                 instruments (‘‘Deposit Instruments’’),
                                                under certain circumstances, more than                                                                           and shareholders redeeming their shares
                                                seven days after the tender of shares for                 FOR FURTHER INFORMATION CONTACT:                       will receive specified instruments
                                                redemption; (d) certain affiliated                        Bruce R. MacNeil, Senior Counsel, at                   (‘‘Redemption Instruments’’). The
                                                persons of a Fund to deposit securities                   (202) 551–6817, or David J. Marcinkus,                 Deposit Instruments and the
                                                into, and receive securities from, the                    Branch Chief at (202) 551–6821                         Redemption Instruments will each
                                                Fund in connection with the purchase                      (Division of Investment Management,                    correspond pro rata to the positions in
                                                and redemption of Creation Units; (e)                     Chief Counsel’s Office).                               the Fund’s portfolio (including cash
                                                certain registered management                             SUPPLEMENTARY INFORMATION: The
                                                investment companies and unit                             following is a summary of the                          management investment company or existing or
                                                                                                          application. The complete application                  future series thereof (each, included in the term
                                                investment trusts outside of the same                                                                            ‘‘Fund’’), each of which will operate as an ETF, and
                                                group of investment companies as the                      may be obtained via the Commission’s                   their respective existing or future master funds, and
                                                Funds (‘‘Funds of Funds’’) to acquire                     Web site by searching for the file                     will track a specified index comprised of domestic
                                                shares of the Funds; (f) certain Funds                    number, or for an applicant using the                  and/or foreign equity securities and/or domestic
                                                                                                          Company name box, at http://                           and/or foreign fixed income securities (each, an
                                                (‘‘Feeder Funds’’) to create and redeem                                                                          ‘‘Underlying Index’’). Any Fund will (a) be advised
                                                Creation Units in-kind in a master-                       www.sec.gov/search/search.htm or by                    by the Initial Adviser or an entity controlling,
                                                feeder structure; and (g) certain Funds                   calling (202) 551–8090.                                controlled by, or under common control with the
                                                to issue Shares in less than Creation                                                                            Initial Adviser (each, an ‘‘Adviser’’) and (b) comply
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                          Summary of the Application                             with the terms and conditions of the application.
                                                Unit size to investors participating in a
                                                distribution reinvestment program.                          1. Applicants request an order that                     2 Each Self-Indexing Fund will post on its Web

                                                                                                          would allow Funds to operate as index-                 site the identities and quantities of the investment
                                                APPLICANTS: EntrepreneurShares Series                                                                            positions that will form the basis for the Fund’s
                                                                                                          based exchange traded funds (‘‘ETFs’’).1               calculation of its NAV at the end of the day.
                                                Trust (the ‘‘Trust’’), a Delaware statutory
                                                                                                                                                                 Applicants believe that requiring Self-Indexing
                                                trust registered under the Act as an                        1 Applicants request that the order apply to the     Funds to maintain full portfolio transparency will
                                                                                                          initial fund and any additional series of the Trust,   help address, together with other protections,
                                                  8 17   CFR 200.30–3(a)(12).                             and any other existing or future open-end              conflicts of interest with respect to such Funds.



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Document Created: 2017-10-07 10:31:53
Document Modified: 2017-10-07 10:31:53
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 47051 

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