82_FR_60891 82 FR 60647 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend NYSE American Rule 8.700E To Add Futures and Swaps on the EURO STOXX 50 Volatility Index to the Financial Instruments That an Issue of Managed Trust Securities May Hold

82 FR 60647 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend NYSE American Rule 8.700E To Add Futures and Swaps on the EURO STOXX 50 Volatility Index to the Financial Instruments That an Issue of Managed Trust Securities May Hold

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 244 (December 21, 2017)

Page Range60647-60649
FR Document2017-27467

Federal Register, Volume 82 Issue 244 (Thursday, December 21, 2017)
[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Notices]
[Pages 60647-60649]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27467]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82339; File No. SR-NYSEAMER-2017-37]


Self-Regulatory Organizations; NYSE American LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend 
NYSE American Rule 8.700E To Add Futures and Swaps on the EURO STOXX 50 
Volatility Index to the Financial Instruments That an Issue of Managed 
Trust Securities May Hold

December 15, 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 December 6, 2017, NYSE American LLC (``Exchange'' or ``NYSE 
American'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend NYSE American Rule 8.700E to add 
EURO STOXX 50 Volatility Index (VSTOXX[supreg]) futures and swaps on 
VSTOXX to the financial instruments that an issue of Managed Trust 
Securities may hold. The proposed rule change is available on the 
Exchange's website at www.nyse.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    NYSE American Rule 8.700E permits the trading of Managed Trust 
Securities either by listing or pursuant to unlisted trading privileges 
(``UTP'').\3\ The Exchange proposes to amend NYSE American Rule 8.700E 
to add futures and swaps on the EURO STOXX 50 Volatility Index 
(``VSTOXX'') to the financial instruments in which an issue of Managed 
Trust Securities may hold long and/or short positions. (Futures on 
VSTOXX are referred to herein as ``Futures Contracts.'')
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    \3\ The term ``Managed Trust Securities'' as used in the NYSE 
American Rules will, unless the context otherwise requires, mean a 
security that is registered under the Securities Act of 1933, as 
amended (15 U.S.C. 77a), and (i) is issued by a trust (``Trust''), 
or any series thereof, that (1) is a commodity pool as defined in 
the Commodity Exchange Act and regulations thereunder, is not 
registered or required to be registered as an investment company 
under the Investment Company Act of 1940, as amended, and is managed 
by a commodity pool operator registered with the Commodity Futures 
Trading Commission, and (2) holds long and/or short positions in 
exchange-traded futures contracts and/or certain currency forward 
contracts and/or swaps selected by the Trust's advisor consistent 
with the Trust's investment objectives, which will only include 
exchange-traded futures contracts involving commodities, commodity 
indices, currencies, currency indices, stock indices, fixed income 
indices, interest rates and sovereign, private and mortgage or asset 
backed debt instruments, and/or forward contracts on specified 
currencies, and/or swaps on stock indices, fixed income indices, 
commodity indices, commodities, currencies, currency indices, or 
interest rates, each as disclosed in the Trust's prospectus as such 
may be amended from time to time, and cash and cash equivalents; and 
(ii) is issued and redeemed continuously in specified aggregate 
amounts at the next applicable net asset value. See NYSE American 
Rule 8.700E(c).

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[[Page 60648]]

    The Exchange proposes to amend NYSE American Rule 8.700E(c)(1) to 
add Futures Contracts and swaps on VSTOXX to the financial instruments 
in which an issue of Managed Trust Securities may hold long and/or 
short positions.\4\
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    \4\ The Commission has approved amendments to NYSE Arca Rule 
8.700-E that are substantially identical to those proposed herein. 
See Securities Exchange Act Release No. 82066 (November 13, 2017), 
82 FR 54434 (November 17, 2017) (SR-NYSEArca-2017-85) (order 
approving proposed rule change to amend NYSE Arca Rule 8.700-E and 
to list and trade shares of the ProShares European Volatility 
Futures ETF).
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    The VSTOXX is based on EURO STOXX 50 Index (``Index'') real-time 
option prices that are listed on the Eurex Exchange (``Eurex'') and are 
designed to reflect the market expectations of near-term up to long-
term volatility by measuring the square root of the implied variances 
across all options of a given time to expiration.\5\ The Index includes 
50 stocks that are among the largest free-float market capitalization 
stocks from 11 Eurozone countries.\6\ Futures Contracts are cash 
settled and trade between the hours of 7:30 a.m. and 10:30 p.m. Central 
European Time (``CET'') (2:30 a.m. and 5:30 p.m. Eastern Time). The 
Futures Contract value is 100 Euros per index point of the underlying 
and it is traded to two decimal places with a minimum price change of 
0.05 points (equivalent to a value of 5 Euros). The daily settlement 
price is determined during the closing auction of the respective 
Futures Contract. The last trading day and final settlement day is 30 
calendar days prior to the third Friday of the expiration month of the 
underlying options, which is usually the Wednesday prior to the second 
to last Friday of the respective maturity month. Information regarding 
the VSTOXX and the Futures Contracts can be found on the STOXX Limited 
(``STOXX'') website and the Eurex website, respectively.\7\
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    \5\ The VSTOXX is a non-investable index that seeks to measure 
the volatility of the Index over a future time horizon as implied by 
the price of option contracts on the Index available on the Eurex. 
The VSTOXX does not measure the actual volatility of the Index. The 
Futures Contracts are denominated in Euros and are traded 
exclusively on the Eurex.
    \6\ These countries include Austria, Belgium, Finland, France, 
Germany, Ireland, Italy, Luxembourg, the Netherlands, Portugal and 
Spain.
    \7\ Eurex is a member of the ISG and, as such, the Exchange may 
obtain information regarding trading in the Futures Contracts. For a 
list of the current members and affiliate members of ISG, see 
www.isgportal.com.
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    STOXX computes the Index on a real-time basis throughout each 
trading day, from 8:50 a.m. until 5:30 CET (3:50 a.m. until 12:30 p.m. 
Eastern Time). VSTOXX levels will be calculated by STOXX and widely 
disseminated by major market data vendors on a real-time basis 
throughout each trading day.
    The Exchange believes that the proposed amendment to add Futures 
Contracts and swaps on VSTOXX to the financial instruments in which an 
issue of Managed Trust Securities may hold long and/or short positions 
will provide investors with the ability to better diversify and hedge 
their portfolios using an exchange traded security without having to 
trade directly in the underlying Futures Contracts, and will facilitate 
the listing and trading on the Exchange of additional Managed Trust 
Securities that will enhance competition among market participants, to 
the benefit of investors and the marketplace.
    The Exchange believes that its surveillance procedures are adequate 
to continue to properly monitor the trading of Managed Trust Securities 
that hold Futures Contracts and swaps on VSTOXX in all trading sessions 
and to deter and detect violations of Exchange rules.
    The Exchange notes that the proposed change is not otherwise 
intended to address any other issues and that the Exchange is not aware 
of any problems that ETP Holders or issuers would have in complying 
with the proposed change.

2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\8\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\9\ in particular, because it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to remove 
impediments to, and perfect the mechanism of a free and open market 
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed change would facilitate the 
listing and trading of additional types of Managed Trust Securities, 
which would enhance competition among market participants, to the 
benefit of investors and the marketplace. The Exchange believes that 
the proposed rule change is designed to prevent fraudulent and 
manipulative acts and practices because the Managed Trust Securities 
would continue to be listed and traded on the Exchange pursuant to the 
initial and continued listing criteria in Rule 8.700E. The proposed 
amendments to NYSE American Rule 8.700E relating to Managed Trust 
Securities are substantially identical to amendments to NYSE Arca Rule 
8.700E previously approved by the Commission.\10\
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    \10\ See note 4, supra.
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    The Exchange has in place surveillance procedures that are adequate 
to properly monitor trading in Managed Trust Securities in all trading 
sessions and to deter and detect violations of Exchange rules and 
applicable federal securities laws. All Managed Trust Securities traded 
pursuant to NYSE American Rule 8.700E are included within the 
definition of ``security'' or ``securities'' as such terms are used in 
the Exchange rules and, as such, are subject to Exchange rules and 
procedures that currently govern the trading of securities on the 
Exchange. Trading in the securities will be halted under the conditions 
specified in NYSE American Rule 8.700E(e)(2)(D).
    For these reasons, the Exchange believes that the proposal is 
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\11\ the Exchange 
does not believe that the proposed rule change will impose any burden 
on competition that is not necessary or appropriate in furtherance of 
the purposes of the Act. Instead, the Exchange believes that the 
proposed change will encourage competition by enabling additional types 
of Managed Trust Securities to be traded on the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\ 
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

[[Page 60649]]

19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6) thereunder.\15\
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    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative prior to 30 days after the date of the filing. 
However, pursuant to Rule 19b-4(f)(6)(iii), the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposal 
may become operative immediately upon filing. As noted above, the 
proposed amendments to NYSE American Rule 8.700E relating to Managed 
Trust Securities are substantially identical to amendments to NYSE Arca 
Rule 8.700E previously approved by the Commission. The proposal raises 
no new or novel issues. Therefore, the Commission designates the 
proposed rule change to be operative upon filing.\16\
---------------------------------------------------------------------------

    \16\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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 necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.

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-NYSEAMER-2017-37 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-NYSEAMER-2017-37. 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 website (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 website 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. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-NYSEAMER-2017-37 and should be submitted 
on or before January 11, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Robert W. Errett,
Deputy Secretary.
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    \17\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2017-27467 Filed 12-20-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                           Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Notices                                                     60647

                                               that the proposed rule change (SR–                        respond to, a collection of information               change is available on the Exchange’s
                                               NYSEArca–2017–111), as modified by                        under the PRA unless it displays a                    website at www.nyse.com, at the
                                               Amendment No. 2, be, and it hereby is,                    currently valid OMB control number.                   principal office of the Exchange, and at
                                               approved on an accelerated basis.                           The public may view the background                  the Commission’s Public Reference
                                                 For the Commission, by the Division of
                                                                                                         documentation for this information                    Room.
                                               Trading and Markets, pursuant to delegated                collection at the following website:
                                                                                                         www.reginfo.gov.                                      II. Self-Regulatory Organization’s
                                               authority.53
                                                                                                           Please direct your written comments                 Statement of the Purpose of, and
                                               Robert W. Errett,                                                                                               Statutory Basis for, the Proposed Rule
                                                                                                         to: Pamela Dyson, Director/Chief
                                               Deputy Secretary.                                                                                               Change
                                                                                                         Information Officer, Securities and
                                               [FR Doc. 2017–27463 Filed 12–20–17; 8:45 am]
                                                                                                         Exchange Commission, c/o Remi Pavlik-                   In its filing with the Commission, the
                                               BILLING CODE 8011–01–P
                                                                                                         Simon, 100 F Street NE, Washington,                   self-regulatory organization included
                                                                                                         DC 20549, or by sending an email to:                  statements concerning the purpose of,
                                                                                                         PRA_Mailbox@sec.gov. Comments must                    and basis for, the proposed rule change
                                               SECURITIES AND EXCHANGE
                                                                                                         be submitted to OMB within 30 days of                 and discussed any comments it received
                                               COMMISSION                                                this notice.                                          on the proposed rule change. The text
                                               [SEC File No. 270–146, OMB Control No.                      Dated: December 15, 2017.                           of those statements may be examined at
                                               3235–0134]                                                                                                      the places specified in Item IV below.
                                                                                                         Robert W. Errett,
                                                                                                         Deputy Secretary.                                     The Exchange has prepared summaries,
                                               Submission for OMB Review;
                                                                                                         [FR Doc. 2017–27460 Filed 12–20–17; 8:45 am]
                                                                                                                                                               set forth in sections A, B, and C below,
                                               Comment Request
                                                                                                         BILLING CODE 8011–01–P
                                                                                                                                                               of the most significant parts of such
                                               Upon Written Request, Copies Available                                                                          statements.
                                                From: U.S. Securities and Exchange
                                                                                                                                                               A. Self-Regulatory Organization’s
                                                Commission, Office of FOIA Services,                     SECURITIES AND EXCHANGE                               Statement of the Purpose of, and the
                                                Washington, DC 20549–2736                                COMMISSION                                            Statutory Basis for, the Proposed Rule
                                               Extension:                                                [Release No. 34–82339; File No. SR–                   Change
                                                 Rule 15c1–7                                             NYSEAMER–2017–37]
                                                                                                                                                               1. Purpose
                                                  Notice is hereby given that pursuant
                                               to the Paperwork Reduction Act of 1995                    Self-Regulatory Organizations; NYSE                      NYSE American Rule 8.700E permits
                                               (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the                   American LLC; Notice of Filing and                    the trading of Managed Trust Securities
                                               Securities and Exchange Commission                        Immediate Effectiveness of Proposed                   either by listing or pursuant to unlisted
                                               (‘‘Commission’’) has submitted to the                     Rule Change To Amend NYSE                             trading privileges (‘‘UTP’’).3 The
                                               Office of Management and Budget                           American Rule 8.700E To Add Futures                   Exchange proposes to amend NYSE
                                               (‘‘OMB’’) a request for approval of                       and Swaps on the EURO STOXX 50                        American Rule 8.700E to add futures
                                               extension of the existing collection of                   Volatility Index to the Financial                     and swaps on the EURO STOXX 50
                                               information provided for in Rule                          Instruments That an Issue of Managed                  Volatility Index (‘‘VSTOXX’’) to the
                                               15c1–7 (17 CFR 240.15c1–7) under the                      Trust Securities May Hold                             financial instruments in which an issue
                                               Securities Exchange Act of 1934 (15                       December 15, 2017.
                                                                                                                                                               of Managed Trust Securities may hold
                                               U.S.C. 78a et seq.) (‘‘Exchange Act’’).                                                                         long and/or short positions. (Futures on
                                                                                                            Pursuant to Section 19(b)(1) 1 of the
                                                  Rule 15c1–7 states that any act of a                   Securities Exchange Act of 1934                       VSTOXX are referred to herein as
                                               broker-dealer designed to effect                          (‘‘Act’’) 2 and Rule 19b–4 thereunder,3               ‘‘Futures Contracts.’’)
                                               securities transactions with or for a                     notice is hereby given that on December
                                               customer account over which the                           6, 2017, NYSE American LLC
                                                                                                                                                                  3 The term ‘‘Managed Trust Securities’’ as used in

                                               broker-dealer (directly or through an                     (‘‘Exchange’’ or ‘‘NYSE American’’) filed
                                                                                                                                                               the NYSE American Rules will, unless the context
                                               agent or employee) has discretion will                                                                          otherwise requires, mean a security that is
                                                                                                         with the Securities and Exchange                      registered under the Securities Act of 1933, as
                                               be considered a fraudulent,                               Commission (‘‘Commission’’) the                       amended (15 U.S.C. 77a), and (i) is issued by a trust
                                               manipulative, or deceptive practice                       proposed rule change as described in                  (‘‘Trust’’), or any series thereof, that (1) is a
                                               under the federal securities laws, unless                 Items I and II below, which Items have
                                                                                                                                                               commodity pool as defined in the Commodity
                                               a record is made of the transaction                                                                             Exchange Act and regulations thereunder, is not
                                                                                                         been prepared by the self-regulatory                  registered or required to be registered as an
                                               immediately by the broker-dealer. The                     organization. The Commission is                       investment company under the Investment
                                               record must include (a) the name of the                   publishing this notice to solicit                     Company Act of 1940, as amended, and is managed
                                               customer, (b) the name, amount, and                       comments on the proposed rule change
                                                                                                                                                               by a commodity pool operator registered with the
                                               price of the security, and (c) the date                                                                         Commodity Futures Trading Commission, and (2)
                                                                                                         from interested persons.                              holds long and/or short positions in exchange-
                                               and time when such transaction took                                                                             traded futures contracts and/or certain currency
                                               place. The Commission estimates that                      I. Self-Regulatory Organization’s                     forward contracts and/or swaps selected by the
                                               394 respondents collect information                       Statement of the Terms of Substance of                Trust’s advisor consistent with the Trust’s
                                               related to approximately 400,000                          the Proposed Rule Change                              investment objectives, which will only include
                                                                                                                                                               exchange-traded futures contracts involving
                                               transactions annually under Rule                             The Exchange proposes to amend                     commodities, commodity indices, currencies,
                                               15c1–7 and that each respondent would                     NYSE American Rule 8.700E to add                      currency indices, stock indices, fixed income
                                               spend approximately 5 minutes on the                      EURO STOXX 50 Volatility Index                        indices, interest rates and sovereign, private and
                                                                                                                                                               mortgage or asset backed debt instruments, and/or
                                               collection of information for each                        (VSTOXX®) futures and swaps on
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                               forward contracts on specified currencies, and/or
                                               transaction, for approximately 33,338                     VSTOXX to the financial instruments                   swaps on stock indices, fixed income indices,
                                               aggregate hours per year (approximately                   that an issue of Managed Trust                        commodity indices, commodities, currencies,
                                               84.6 hours per respondent).                               Securities may hold. The proposed rule                currency indices, or interest rates, each as disclosed
                                                  An agency may not conduct or                                                                                 in the Trust’s prospectus as such may be amended
                                                                                                                                                               from time to time, and cash and cash equivalents;
                                               sponsor, and a person is not required to                    1 15 U.S.C. 78s(b)(1).                              and (ii) is issued and redeemed continuously in
                                                                                                           2 15 U.S.C. 78a.                                    specified aggregate amounts at the next applicable
                                                 53 17   CFR 200.30–3(a)(12).                              3 17 CFR 240.19b–4.                                 net asset value. See NYSE American Rule 8.700E(c).



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                                               60648                     Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Notices

                                                  The Exchange proposes to amend                       STOXX and widely disseminated by                        to NYSE Arca Rule 8.700E previously
                                               NYSE American Rule 8.700E(c)(1) to                      major market data vendors on a real-                    approved by the Commission.10
                                               add Futures Contracts and swaps on                      time basis throughout each trading day.                   The Exchange has in place
                                               VSTOXX to the financial instruments in                     The Exchange believes that the                       surveillance procedures that are
                                               which an issue of Managed Trust                         proposed amendment to add Futures                       adequate to properly monitor trading in
                                               Securities may hold long and/or short                   Contracts and swaps on VSTOXX to the                    Managed Trust Securities in all trading
                                               positions.4                                             financial instruments in which an issue                 sessions and to deter and detect
                                                 The VSTOXX is based on EURO                           of Managed Trust Securities may hold                    violations of Exchange rules and
                                               STOXX 50 Index (‘‘Index’’) real-time                    long and/or short positions will provide                applicable federal securities laws. All
                                               option prices that are listed on the                    investors with the ability to better                    Managed Trust Securities traded
                                               Eurex Exchange (‘‘Eurex’’) and are                      diversify and hedge their portfolios                    pursuant to NYSE American Rule
                                               designed to reflect the market                          using an exchange traded security                       8.700E are included within the
                                               expectations of near-term up to long-                   without having to trade directly in the                 definition of ‘‘security’’ or ‘‘securities’’
                                               term volatility by measuring the square                 underlying Futures Contracts, and will                  as such terms are used in the Exchange
                                               root of the implied variances across all                facilitate the listing and trading on the               rules and, as such, are subject to
                                               options of a given time to expiration.5                 Exchange of additional Managed Trust                    Exchange rules and procedures that
                                               The Index includes 50 stocks that are                   Securities that will enhance competition                currently govern the trading of
                                               among the largest free-float market                     among market participants, to the                       securities on the Exchange. Trading in
                                               capitalization stocks from 11 Eurozone                  benefit of investors and the marketplace.               the securities will be halted under the
                                               countries.6 Futures Contracts are cash                     The Exchange believes that its                       conditions specified in NYSE American
                                               settled and trade between the hours of                  surveillance procedures are adequate to                 Rule 8.700E(e)(2)(D).
                                               7:30 a.m. and 10:30 p.m. Central                        continue to properly monitor the trading                  For these reasons, the Exchange
                                               European Time (‘‘CET’’) (2:30 a.m. and                  of Managed Trust Securities that hold                   believes that the proposal is consistent
                                               5:30 p.m. Eastern Time). The Futures                    Futures Contracts and swaps on                          with the Act.
                                               Contract value is 100 Euros per index                   VSTOXX in all trading sessions and to
                                               point of the underlying and it is traded                deter and detect violations of Exchange                 B. Self-Regulatory Organization’s
                                               to two decimal places with a minimum                    rules.                                                  Statement on Burden on Competition
                                               price change of 0.05 points (equivalent                    The Exchange notes that the proposed                    In accordance with Section 6(b)(8) of
                                               to a value of 5 Euros). The daily                       change is not otherwise intended to                     the Act,11 the Exchange does not believe
                                               settlement price is determined during                   address any other issues and that the                   that the proposed rule change will
                                               the closing auction of the respective                   Exchange is not aware of any problems                   impose any burden on competition that
                                               Futures Contract. The last trading day                  that ETP Holders or issuers would have                  is not necessary or appropriate in
                                               and final settlement day is 30 calendar                 in complying with the proposed change.                  furtherance of the purposes of the Act.
                                               days prior to the third Friday of the
                                                                                                       2. Statutory Basis                                      Instead, the Exchange believes that the
                                               expiration month of the underlying
                                                                                                                                                               proposed change will encourage
                                               options, which is usually the                              The Exchange believes that the                       competition by enabling additional
                                               Wednesday prior to the second to last                   proposed rule change is consistent with                 types of Managed Trust Securities to be
                                               Friday of the respective maturity month.                Section 6(b) of the Act,8 in general, and               traded on the Exchange.
                                               Information regarding the VSTOXX and                    furthers the objectives of Section 6(b)(5)
                                               the Futures Contracts can be found on                   of the Act,9 in particular, because it is               C. Self-Regulatory Organization’s
                                               the STOXX Limited (‘‘STOXX’’) website                   designed to prevent fraudulent and                      Statement on Comments on the
                                               and the Eurex website, respectively.7                   manipulative acts and practices, to                     Proposed Rule Change Received From
                                                 STOXX computes the Index on a real-                   promote just and equitable principles of                Members, Participants, or Others
                                               time basis throughout each trading day,                 trade, to remove impediments to, and
                                               from 8:50 a.m. until 5:30 CET (3:50 a.m.                                                                          No written comments were solicited
                                                                                                       perfect the mechanism of a free and                     or received with respect to the proposed
                                               until 12:30 p.m. Eastern Time).                         open market and, in general, to protect
                                               VSTOXX levels will be calculated by                                                                             rule change.
                                                                                                       investors and the public interest.
                                                                                                          The Exchange believes that the                       III. Date of Effectiveness of the
                                                 4 The  Commission has approved amendments to
                                                                                                       proposed change would facilitate the                    Proposed Rule Change and Timing for
                                               NYSE Arca Rule 8.700–E that are substantially
                                               identical to those proposed herein. See Securities      listing and trading of additional types of              Commission Action
                                               Exchange Act Release No. 82066 (November 13,            Managed Trust Securities, which would                     The Exchange has filed the proposed
                                               2017), 82 FR 54434 (November 17, 2017) (SR–             enhance competition among market
                                               NYSEArca–2017–85) (order approving proposed                                                                     rule change pursuant to Section
                                               rule change to amend NYSE Arca Rule 8.700–E and         participants, to the benefit of investors               19(b)(3)(A)(iii) of the Act 12 and Rule
                                               to list and trade shares of the ProShares European      and the marketplace. The Exchange                       19b–4(f)(6) thereunder.13 Because the
                                               Volatility Futures ETF).                                believes that the proposed rule change                  foregoing proposed rule change does
                                                 5 The VSTOXX is a non-investable index that
                                                                                                       is designed to prevent fraudulent and                   not: (i) Significantly affect the
                                               seeks to measure the volatility of the Index over a
                                               future time horizon as implied by the price of
                                                                                                       manipulative acts and practices because                 protection of investors or the public
                                               option contracts on the Index available on the          the Managed Trust Securities would                      interest, (ii) impose any significant
                                               Eurex. The VSTOXX does not measure the actual           continue to be listed and traded on the                 burden on competition, and (iii) become
                                               volatility of the Index. The Futures Contracts are      Exchange pursuant to the initial and
                                               denominated in Euros and are traded exclusively on
                                                                                                                                                               operative for 30 days from the date on
                                                                                                       continued listing criteria in Rule 8.700E.              which it was filed, or such shorter time
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                                               the Eurex.
                                                 6 These countries include Austria, Belgium,           The proposed amendments to NYSE                         as the Commission may designate, it has
                                               Finland, France, Germany, Ireland, Italy,               American Rule 8.700E relating to                        become effective pursuant to Section
                                               Luxembourg, the Netherlands, Portugal and Spain.        Managed Trust Securities are
                                                 7 Eurex is a member of the ISG and, as such, the
                                                                                                       substantially identical to amendments                     10 See note 4, supra.
                                               Exchange may obtain information regarding trading
                                                                                                                                                                 11 15 U.S.C. 78f(b)(8).
                                               in the Futures Contracts. For a list of the current
                                                                                                         8 15   U.S.C. 78f(b).                                   12 15 U.S.C. 78s(b)(3)(A)(iii).
                                               members and affiliate members of ISG, see
                                               www.isgportal.com.                                        9 15   U.S.C. 78f(b)(5).                                13 17 CFR 240.19b–4(f)(6).




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                                                                         Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Notices                                                      60649

                                               19(b)(3)(A) of the Act 14 and Rule 19b–                 All submissions should refer to File                   SECURITIES AND EXCHANGE
                                               4(f)(6) thereunder.15                                   Number SR–NYSEAMER–2017–37. This                       COMMISSION
                                                  A proposed rule change filed under                   file number should be included on the
                                                                                                                                                              [Release No. 34–82337; File No. SR–
                                               Rule 19b–4(f)(6) normally does not                      subject line if email is used. To help the             CboeBYX–2017–001; SR–CboeBZX–2017–
                                               become operative prior to 30 days after                 Commission process and review your                     001; SR–CboeEDGA–2017–001; SR–
                                               the date of the filing. However, pursuant               comments more efficiently, please use                  CboeEDGX–2017–001]
                                               to Rule 19b–4(f)(6)(iii), the Commission                only one method. The Commission will
                                               may designate a shorter time if such                    post all comments on the Commission’s                  Self-Regulatory Organizations; Cboe
                                               action is consistent with the protection                internet website (http://www.sec.gov/                  BYX Exchange, Inc.; Cboe BZX
                                               of investors and the public interest. The               rules/sro.shtml). Copies of the                        Exchange, Inc.; Cboe EDGA Exchange,
                                               Exchange has asked the Commission to                                                                           Inc.; Cboe EDGX Exchange, Inc.; Order
                                                                                                       submission, all subsequent
                                               waive the 30-day operative delay so that                                                                       Granting Accelerated Approval of a
                                                                                                       amendments, all written statements
                                               the proposal may become operative                                                                              Proposed Rule Change Relating to Its
                                                                                                       with respect to the proposed rule
                                               immediately upon filing. As noted                                                                              Director Nomination and Committee
                                               above, the proposed amendments to                       change that are filed with the
                                                                                                                                                              Appointment Process and Its
                                               NYSE American Rule 8.700E relating to                   Commission, and all written
                                                                                                                                                              Nominating and Governance
                                               Managed Trust Securities are                            communications relating to the                         Committee
                                               substantially identical to amendments                   proposed rule change between the
                                               to NYSE Arca Rule 8.700E previously                     Commission and any person, other than                  December 15, 2017.
                                               approved by the Commission. The                         those that may be withheld from the                    I. Introduction
                                               proposal raises no new or novel issues.                 public in accordance with the
                                                                                                       provisions of 5 U.S.C. 552, will be                       On November 14, 2017, each of Cboe
                                               Therefore, the Commission designates
                                                                                                       available for website viewing and                      BYX Exchange, Inc. (‘‘Cboe BYX’’), Cboe
                                               the proposed rule change to be operative
                                                                                                       printing in the Commission’s Public                    BZX Exchange, Inc. (‘‘Cboe BZX’’), Cboe
                                               upon filing.16
                                                  At any time within 60 days of the                    Reference Room, 100 F Street NE,                       EDGA Exchange, Inc. (‘‘Cboe EDGA’’),
                                               filing of the proposed rule change, the                                                                        Cboe EDGX Exchange, Inc. (‘‘Cboe
                                                                                                       Washington, DC 20549 on official
                                               Commission summarily may                                                                                       EDGX’’) (each an ‘‘Exchange’’ and
                                                                                                       business days between the hours of
                                               temporarily suspend such rule change if                                                                        collectively, ‘‘Exchanges’’) filed with the
                                                                                                       10:00 a.m. and 3:00 p.m. Copies of the                 Securities and Exchange Commission
                                               it appears to the Commission that such                  filing also will be available for
                                               action is necessary or appropriate in the                                                                      (‘‘Commission’’), pursuant to Section
                                                                                                       inspection and copying at the principal                19(b)(1) of the Securities Exchange Act
                                               public interest, for the protection of                  office of the Exchange. All comments
                                               investors, or otherwise in furtherance of                                                                      of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                                                                       received will be posted without change.                thereunder,2 a proposed rule change to
                                               the purposes of the Act.                                Persons submitting comments are                        eliminate its Nominating and
                                               IV. Solicitation of Comments                            cautioned that we do not redact or edit                Governance Committee (‘‘N&G
                                                 Interested persons are invited to                     personal identifying information from                  Committee’’) and amend the process by
                                               submit written data, views, and                         comment submissions. You should                        which (i) directors are elected, (ii)
                                               arguments concerning the foregoing,                     submit only information that you wish                  committee appointments are made, and
                                               including whether the proposed rule                     to make available publicly. All                        (iii) vacancies are filled.3 The proposed
                                               change is consistent with the Act.                      submissions should refer to File                       rule changes were published for
                                               Comments may be submitted by any of                     Number SR–NYSEAMER–2017–37 and                         comment in the Federal Register on
                                               the following methods:                                  should be submitted on or before                       November 27, 2017.4 The Commission
                                                                                                       January 11, 2018.                                      received no comments on the proposals.
                                               Electronic Comments                                                                                            This order approves the proposed rule
                                                                                                         For the Commission, by the Division of
                                                  • Use the Commission’s internet                      Trading and Markets, pursuant to delegated
                                                                                                                                                              changes on an accelerated basis.
                                               comment form (http://www.sec.gov/                       authority.17                                           II. Description of the Proposal
                                               rules/sro.shtml); or
                                                                                                       Robert W. Errett,
                                                  • Send an email to rule-comments@                                                                              First, the Exchanges propose to
                                               sec.gov. Please include File Number                     Deputy Secretary.                                      eliminate their N&G Committees and
                                               SR–NYSEAMER–2017–37 on the subject                      [FR Doc. 2017–27467 Filed 12–20–17; 8:45 am]           provide that the sole stockholder of the
                                               line.                                                   BILLING CODE 8011–01–P                                 Exchanges (Cboe Global Markets, Inc.)
                                                                                                                                                              shall nominate and elect directors at the
                                               Paper Comments                                                                                                 annual meetings of the sole stockholder,
                                                 • Send paper comments in triplicate
                                                                                                                                                                1 15  U.S.C. 78s(b)(1).
                                               to Secretary, Securities and Exchange
                                                                                                                                                                2 17  CFR 240.19b–4.
                                               Commission, 100 F Street NE,
                                                                                                                                                                 3 In addition, the Exchanges propose to make
                                               Washington, DC 20549–1090.                                                                                     several formatting changes throughout the Bylaws
                                                                                                                                                              as well as to change their names in the title and
                                                 14 15  U.S.C. 78s(b)(3)(A).                                                                                  signature lines in their Certificates of Incorporation
                                                 15 17  CFR 240.19b–4(f)(6). As required under Rule                                                           (‘‘Certificates’’) to reflect recent changes to their
                                               19b–4(f)(6)(iii), the Exchange provided the                                                                    legal names.
                                               Commission with written notice of its intent to file                                                              4 See Securities Exchange Act Release Nos. 82122
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                                               the proposed rule change, along with a brief                                                                   (November 20, 2017), 82 FR 53076 (November 27,
                                               description and the text of the proposed rule                                                                  2017) (SR–CboeBYX–2017–001) (‘‘CboeBYX
                                               change, at least five business days prior to the date                                                          Notice’’); 82123 (November 20, 2017), 82 FR 56065
                                               of filing of the proposed rule change, or such                                                                 (November 27, 2017) (SR–CboeBZX–2017–001)
                                               shorter time as designated by the Commission.                                                                  (‘‘CboeBZX Notice’’); 82125 (November 20, 2017),
                                                 16 For purposes only of waiving the 30-day                                                                   82 FR 56079 (November 27, 2017) (SR–CboeEDGA–
                                               operative delay, the Commission has considered the                                                             2017–001) (‘‘CboeEDGA Notice’’); 82126 (November
                                               proposed rule’s impact on efficiency, competition,                                                             20, 2017), 82 FR 56072 (SR–CboeEDGX–2017–001)
                                               and capital formation. See 15 U.S.C. 78c(f).              17 17   CFR 200.30–3(a)(12).                         (‘‘CboeEDGX Notice’’) (collectively, the ‘‘Notices’’).



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Document Created: 2018-10-25 11:01:42
Document Modified: 2018-10-25 11:01:42
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 60647 

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