82 FR 57509 - Sunshine Act Meetings

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 232 (December 5, 2017)

Page Range		57509-57510
FR Document		2017-26219

Federal Register, Volume 82 Issue 232 (Tuesday, December 5, 2017)

[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Notices]
[Pages 57509-57510]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26219]


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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meetings

TIME AND DATE: 3:00 p.m. on Thursday, December 7, 2017.

PLACE: Closed Commission Hearing Room 10800.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners, 
the Secretary to the Commission, and recording secretaries will attend 
the closed meeting. Certain

[[Page 57510]]

staff members who have an interest in the matters also may be present.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR 
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10), 
permit consideration of the scheduled matters at the closed meeting.
    Chairman Clayton, as duty officer, voted to consider the items 
listed for the closed meeting in closed session.
    The subject matters of the closed meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Regulatory matters regarding a financial institution; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.

CONTACT PERSON FOR MORE INFORMATION: For further information and to 
ascertain what, if any, matters have been added, deleted or postponed; 
please contact Brent J. Fields from the Office of the Secretary at 
(202) 551-5400.

    Dated: November 30, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2017-26219 Filed 12-1-17; 11:15 am]
BILLING CODE 8011-01-P

Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Notices 57509

2. Statutory Basis A proposed rule change filed under All submissions should refer to File
The Exchange believes that its Rule 19b–4(f)(6) normally does not Number SR–Phlx–2017–97. This file
proposal is consistent with Section 6(b) become operative for 30 days after the number should be included on the
of the Act,5 in general, and furthers the date of its filing. However, Rule 19b– subject line if email is used. To help the
objectives of Section 6(b)(5) of the Act,6 4(f)(6)(iii) 9 permits the Commission to Commission process and review your
in particular, in that it is designed to designate a shorter time if such action comments more efficiently, please use
promote just and equitable principles of is consistent with the protection of only one method. The Commission will
trade, to remove impediments to and investors and the public interest. The post all comments on the Commission’s
perfect the mechanism of a free and Exchange has requested that the Internet Web site (http://www.sec.gov/
open market and a national market Commission waive the 30-day operative rules/sro.shtml). Copies of the
system, and, in general to protect delay so that the proposed rule change submission, all subsequent
investors and the public interest, by will become operative upon filing. The amendments, all written statements
starting the process of organizing its Exchange states that such waiver will with respect to the proposed rule
rules in a manner which is clear and enable the Exchange to start the process change that are filed with the
consistent across the Nasdaq Entities. to reorganize the rulebooks of the Commission, and all written
The Exchange believes that coordinating Nasdaq Entities. The Commission communications relating to the
the chapters of the rulebooks among the believes that waiver of the 30-day proposed rule change between the
Nasdaq Entities will provide Members, operative delay is consistent with the Commission and any person, other than
who are members of more than one protection of investors and the public those that may be withheld from the
Nasdaq Entity, with consistency and interest because the proposal does not public in accordance with the
ease of reference in locating rules. raise any novel issues and waiver will provisions of 5 U.S.C. 552, will be
allow the Exchange to begin the available for Web site viewing and
B. Self-Regulatory Organization’s reorganization of its Rulebook without printing in the Commission’s Public
Statement on Burden on Competition delay. Therefore, the Commission Reference Room, 100 F Street NE.,
The Exchange does not believe that hereby waives the operative delay and Washington, DC 20549 on official
the proposed rule change will impose designates the proposed rule change business days between the hours of
any burden on competition not operative upon filing.10 10:00 a.m. and 3:00 p.m. Copies of the
necessary or appropriate in furtherance At any time within 60 days of the filing also will be available for
of the purposes of the Act. The filing of the proposed rule change, the inspection and copying at the principal
proposed changes do not impose a Commission summarily may office of the Exchange. All comments
burden on competition because the temporarily suspend such rule change if received will be posted without change.
proposed amendments are non- it appears to the Commission that such Persons submitting comments are
substantive, are intended to start the action is: (i) Necessary or appropriate in cautioned that we do not redact or edit
process to organize the rules of the the public interest; (ii) for the protection personal identifying information from
Exchange in a manner that will be more of investors; or (iii) otherwise in comment submissions. You should
user-friendly to Nasdaq Entity members. furtherance of the purposes of the Act. submit only information that you wish
If the Commission takes such action, the to make available publicly. All
C. Self-Regulatory Organization’s
Commission shall institute proceedings submissions should refer to File
Statement on Comments on the
Proposed Rule Change Received From to determine whether the proposed rule Number SR–Phlx–2017–97, and should
Members, Participants, or Others should be approved or disapproved. be submitted on or before December 26,
IV. Solicitation of Comments 2017.
No written comments were either
solicited or received. Interested persons are invited to For the Commission, by the Division of
Trading and Markets, pursuant to delegated
III. Date of Effectiveness of the submit written data, views, and
authority.11
Proposed Rule Change and Timing for arguments concerning the foregoing,
Eduardo A. Aleman,
Commission Action including whether the proposed rule
change is consistent with the Act. Assistant Secretary.
Because the foregoing proposed rule Comments may be submitted by any of [FR Doc. 2017–26123 Filed 12–4–17; 8:45 am]
change does not: (i) Significantly affect the following methods: BILLING CODE 8011–01–P
the protection of investors or the public
interest; (ii) impose any significant Electronic Comments
burden on competition; and (iii) become • Use the Commission’s Internet SECURITIES AND EXCHANGE
operative for 30 days from the date on comment form (http://www.sec.gov/ COMMISSION
which it was filed, or such shorter time rules/sro.shtml); or
as the Commission may designate, it has • Send an email to rule-comments@ Sunshine Act Meetings
become effective pursuant to Section sec.gov. Please include File Number SR–
19(b)(3)(A)(iii) of the Act 7 and TIME AND DATE: 3:00 p.m. on Thursday,
Phlx–2017–97 on the subject line.
subparagraph (f)(6) of Rule 19b–4 December 7, 2017.
thereunder.8 Paper Comments PLACE: Closed Commission Hearing
• Send paper comments in triplicate Room 10800.
5 15 U.S.C. 78f(b). to Secretary, Securities and Exchange STATUS: This meeting will be closed to
6 15 U.S.C. 78f(b)(5). Commission, 100 F Street NE., the public.
sradovich on DSK3GMQ082PROD with NOTICES

7 15 U.S.C. 78s(b)(3)(A)(iii).
8 17 CFR 240.19b–4(f)(6). As required under Rule
Washington, DC 20549–1090. MATTERS TO BE CONSIDERED:
19b–4(f)(6)(iii), the Exchange provided the Commissioners, Counsel to the
9 17 CFR 240.19b–4(f)(6)(iii).
Commission with written notice of its intent to file Commissioners, the Secretary to the
10 For purposes only of waiving the 30-day
the proposed rule change, along with a brief Commission, and recording secretaries
description and the text of the proposed rule operative delay, the Commission also has
change, at least five business days prior to the date considered the proposed rule’s impact on will attend the closed meeting. Certain
of filing of the proposed rule change, or such efficiency, competition, and capital formation. See
shorter time as designated by the Commission. 15 U.S.C. 78c(f). 11 17 CFR 200.30–3(a)(12).

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57510 Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Notices

staff members who have an interest in comments on the proposed rule change principal investment strategy, as noted
the matters also may be present. from interested persons. below.5
The General Counsel of the
I. Self-Regulatory Organization’s I. Brandes Investment Trust
Commission, or his designee, has
certified that, in his opinion, one or Statement of the Terms of Substance of Brandes Investment Trust is registered
more of the exemptions set forth in 5 the Proposed Rule Change with the Commission as an open-end
U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) investment company and has filed a
The Exchange proposes to list and
and (10) and 17 CFR 200.402(a)(3), Registration Statement with the
trade under Nasdaq Rule 5745
(a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and Commission.6 The Fund is a series of
(Exchange-Traded Managed Fund
(a)(10), permit consideration of the Brandes Investment Trust.7
Shares (‘‘NextShares’’)) the common Brandes Investment Partners, L.P. (the
scheduled matters at the closed meeting. shares (‘‘Shares’’) of the exchange-
Chairman Clayton, as duty officer, ‘‘Adviser’’) will be the adviser to the
traded managed fund described herein Fund. The Adviser is not a registered
voted to consider the items listed for the (the ‘‘Fund’’).3
closed meeting in closed session. broker-dealer, and is not affiliated with
The subject matters of the closed II. Self-Regulatory Organization’s a broker-dealer. Nevertheless, the
meeting will be: Statement of the Purpose of, and Adviser will implement and will
Institution and settlement of Statutory Basis for, the Proposed Rule maintain a fire wall with respect to any
injunctive actions; Change future affiliated broker-dealer regarding
Institution and settlement of access to information concerning the
administrative proceedings; In its filing with the Commission, the composition and/or changes to the
Regulatory matters regarding a Exchange included statements Fund’s portfolio.8 In addition, personnel
financial institution; and concerning the purpose of and basis for who make decisions on the Fund’s
Other matters relating to enforcement the proposed rule change and discussed portfolio composition must be subject to
proceedings. any comments it received on the procedures designed to prevent the use
At times, changes in Commission proposed rule change. The text of these and dissemination of material, non-
priorities require alterations in the statements may be examined at the public information regarding the open-
scheduling of meeting items. places specified in Item IV below. The end fund’s portfolio.
Exchange has prepared summaries, set In the event that (a) the Adviser
CONTACT PERSON FOR MORE INFORMATION: forth in sections A, B, and C below, of registers as a broker-dealer or becomes
For further information and to ascertain the most significant aspects of such newly affiliated with a broker-dealer, or
what, if any, matters have been added, statements. (b) any new adviser or sub-adviser to the
deleted or postponed; please contact Fund is a registered broker-dealer or is
Brent J. Fields from the Office of the A. Self-Regulatory Organization’s
Secretary at (202) 551–5400. Statement of the Purpose of, and 5 Additional information regarding the Fund will

Dated: November 30, 2017. Statutory Basis for, the Proposed Rule be available on the free public Web site for the
Change Fund at www.brandesfunds.com and in the
Brent J. Fields, Registration Statement for the Fund.
Secretary. 1. Purpose 6 See Post-Effective Amendment number 60 to

[FR Doc. 2017–26219 Filed 12–1–17; 11:15 am] Registration Statement on Form N–1A for Brandes
The Exchange proposes to list and Investment Trust dated October 13, 2017 (File Nos.
BILLING CODE 8011–01–P 033–81396 and 811–08614). The descriptions of the
trade the Shares of the Fund under
Fund and the Shares contained herein conform to
Nasdaq Rule 5745, which governs the the initial Registration Statement.
SECURITIES AND EXCHANGE listing and trading of exchange-traded 7 The Commission has issued an order granting

COMMISSION managed fund shares, as defined in Brandes Investment Trust and certain affiliates
Nasdaq Rule 5745(c)(1), on the exemptive relief under the Investment Company
Exchange.4 Brandes Investment Trust, Act. See Investment Company Act Release No.
[Release No. 34–82167; File No. SR– 32893 (November 2, 2017) (File No. 812–14809).
NASDAQ–2017–124] which is discussed below, is registered 8 An investment adviser to an open-end fund is
with the Commission as an open-end required to be registered under the Advisers Act. As
Self-Regulatory Organizations; The investment company and has filed a a result, the Adviser and its related personnel are
Nasdaq Stock Market LLC; Notice of registration statement on Form N–1A subject to the provisions of Rule 204A–1 under the
Advisers Act relating to codes of ethics. This Rule
Filing of Proposed Rule Change To (‘‘Registration Statement’’) with the requires investment advisers to adopt a code of
List and Trade the Shares of the Commission. The Fund is a series of ethics that reflects the fiduciary nature of the
Brandes Value NextShares Fund Brandes Investment Trust and will be relationship to clients as well as compliance with
advised by an investment adviser other applicable securities laws. Accordingly,
November 29, 2017. procedures designed to prevent the communication
registered under the Investment and misuse of non-public information by an
Pursuant to Section 19(b)(1) of the Advisers Act of 1940 (‘‘Advisers Act’’), investment adviser must be consistent with Rule
Securities Exchange Act of 1934 as described below. The Fund will be 204A–1 under the Advisers Act. In addition, Rule
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 actively managed and will pursue the 206(4)–7 under the Advisers Act makes it unlawful
notice is hereby given that on November for an investment adviser to provide investment
advice to clients unless such investment adviser has
14, 2017, The Nasdaq Stock Market LLC 3 Except for the specific Fund information set
(i) adopted and implemented written policies and
(‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the forth below, this rule filing conforms to the rule procedures reasonably designed to prevent
Securities and Exchange Commission filing, as modified by amendments 1 and 2 thereto, violation, by the investment adviser and its
(‘‘Commission’’) the proposed rule relating to the listing and trading on Nasdaq of the supervised persons, of the Advisers Act and the
sradovich on DSK3GMQ082PROD with NOTICES

shares of 18 series of the Eaton Vance ETMF Trust Commission rules adopted thereunder; (ii)
change as described in Items I and II and the Eaton Vance ETMF Trust II, as approved implemented, at a minimum, an annual review
below, which Items have been prepared by the Commission in Securities Exchange Act regarding the adequacy of the policies and
by the Exchange. The Commission is Release No. 75499 (July 21, 2015) (SR–NASDAQ– procedures established pursuant to subparagraph (i)
publishing this notice to solicit 2015–036). above and the effectiveness of their
4 The Commission approved Nasdaq Rule 5745 in implementation; and (iii) designated an individual
Securities Exchange Act Release No. 34–73562 (who is a supervised person) responsible for
1 15 U.S.C. 78s(b)(1). (Nov. 7, 2014), 79 FR 68309 (Nov. 14, 2014) (SR– administering the policies and procedures adopted
2 17 CFR 240.19b–4. NASDAQ–2014–020). under subparagraph (i) above.

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Document Created: 2017-12-04 23:45:16
Document Modified: 2017-12-04 23:45:16

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		3:00 p.m. on Thursday, December 7, 2017.
FR Citation		82 FR 57509