83_FR_24644 83 FR 24541 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Listing and Trading of the iShares Gold Strategy ETF, a Series of the iShares U.S. ETF Trust

83 FR 24541 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Listing and Trading of the iShares Gold Strategy ETF, a Series of the iShares U.S. ETF Trust

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 103 (May 29, 2018)

Page Range24541-24543
FR Document2018-11356

Federal Register, Volume 83 Issue 103 (Tuesday, May 29, 2018)
[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24541-24543]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11356]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83302; File No. SR-CboeBZX-2018-034]


Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Relating 
to the Listing and Trading of the iShares Gold Strategy ETF, a Series 
of the iShares U.S. ETF Trust

May 22, 2018.
    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 May 9, 2018, Cboe BZX Exchange, Inc. (``Exchange'' or ``BZX'') 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 Exchange. The Exchange has designated this 
proposal as a ``non-controversial'' proposed rule change pursuant to 
Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)(iii) \4\ 
thereunder, which renders it effective upon filing with the Commission. 
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\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend a representation made in a 
rule change previously approved by the Commission relating to the 
listing and trading of the iShares Gold Strategy ETF (the ``Fund''), a 
series of the iShares U.S. ETF Trust (the ``Trust'').
    The text of the proposed rule change is available at the Exchange's 
website at www.markets.cboe.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 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 parts of such 
statements.

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

1. Purpose
    The shares of the Fund (the ``Shares'') were approved for listing 
and trading on the Exchange under Exchange Rule 14.11(i), which governs 
the listing and trading of Managed Fund Shares.\5\ The Shares have not 
yet commenced trading on the Exchange. The Fund is a series of the 
Trust, which was established as a Delaware statutory trust on June 21, 
2011. BlackRock Fund Advisors (the ``Adviser'') will serve as the 
investment adviser to the Fund. The Trust is registered with the 
Commission as an open-end management investment company and has filed a 
registration statement on behalf of the Fund on Form N-1A 
(``Registration Statement'') with the Commission.\6\
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    \5\ See Securities Exchange Act Release No. 83014 (April 9, 
2018), 83 FR 16150 (April 13, 2018) (SR-CboeBZX-2017-023) (the 
``Approval Order'').
    \6\ See Registration Statement on Form N-1A for the Trust, filed 
with the Commission on November 1, 2017 (File Nos. 333-179904 and 
811-22649). The descriptions of the Fund and the Shares contained 
herein are based, in part, on information in the Registration 
Statement. The Commission has issued an order granting certain 
exemptive relief to the Adviser and open-end management companies 
advised by the Adviser under the Investment Company Act of 1940 (15 
U.S.C. 80a-1). See Investment Company Act Release No. 29571 (January 
24, 2011) (File No. 812-13601).

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[[Page 24542]]

    The Exchange proposes to amend the Approval Order in order to make 
clear that the representation that limits Fund holdings in the 
Subsidiary \7\ to 25% of the Fund's total assets (the ``25% 
Limitation'') was made to indicate that the Fund will comply with Sub-
Chapter M of the Internal Revenue Code of 1986, as amended (the 
``Internal Revenue Code''), and as such, the 25% Limitation was 
intended to be measured on a quarterly basis. Specifically, the 
Exchange is proposing to change the sentence that reads:
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    \7\ The ``Subsidiary'' is a wholly owned subsidiary of the Fund 
that is organized in the Cayman Islands and has the same investment 
objective as the Fund.

References below to the holdings of the Fund, including any 
restrictions thereon that are described within this proposal, are 
inclusive of the direct holdings of the Fund as well as the indirect 
holdings of the Fund through the Subsidiary, which may constitute up 
---------------------------------------------------------------------------
to 25% of the total assets of the Fund.

    The Exchange is proposing to replace that sentence with the 
following:

References below to the holdings of the Fund, including any 
restrictions thereon that are described within this proposal, are 
inclusive of the direct holdings of the Fund as well as the indirect 
holdings of the Fund through the Subsidiary, which, in compliance 
with Sub-Chapter M of the Internal Revenue Code of 1986, as amended, 
may constitute up to 25% of the total assets of the Fund, as 
determined at the end of each of the Fund's fiscal quarters.

    The Exchange believes that this proposed change is a non-
controversial change because it is only to clarify that the 25% 
Limitation is measured on a quarterly basis in compliance with Sub-
Chapter M of the Internal Revenue Code. This proposed change regarding 
the 25% Limitation is the only change covered by this proposal, and all 
other representations in the Approval Order, including both initial 
listing requirements and Continued Listing Representations,\8\ remain 
true and will apply on a continuous basis, as applicable, consistent 
with Exchange Rule 14.11.
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    \8\ As defined in Rule 14.11(a), the term ``Continued Listing 
Representations'' means any of the statements or representations 
regarding the index composition, the description of the portfolio or 
reference assets, limitations on portfolio holdings or reference 
assets, dissemination and availability of index, reference asset, 
and intraday indicative values (as applicable), or the applicability 
of Exchange listing rules specified in any filing to list a series 
of securities under Rule 14.11.
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section 
6(b) of the Act \9\ in general and Section 6(b)(5) of the Act \10\ in 
particular in that 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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    As described above, all of the Continued Listing Representations 
which formed the basis for the Commission in approving the Approval 
Order remain true and will continue to constitute listing requirements 
for the Fund with the exception of the single representation that the 
Exchange is proposing to make clearer. This proposed change will only 
make clear the basis for and timing of the calculation of the 25% 
Limitation and is not proposing to make any substantive changes to the 
types or amounts of any particular instrument that the Fund can hold. 
As such, the Exchange believes that the proposal 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 a national market system, 
and, in general, to protect investors and the public interest.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange believes that 
making clear the timing of the calculation of and the basis for the 25% 
Limitation will have no impact on competition.

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

    The Exchange has neither solicited nor received written comments on 
the proposed rule change.

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) of the Act \11\ and Rule 19b-
4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and 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. 
The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \13\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \14\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has requested that the Commission waive the 30-day operative delay so 
that the proposed rule change may become operative upon filing. The 
Commission notes that waiver of the 30-day operative delay will allow 
the Fund to immediately operate under the certainty of the application 
of the 25% Limitation proposed in this proposal and provide the same 
clarity to investors. The Commission does not believe that there is any 
reason for delay when the proposal is only designed to make clear that 
the 25% Limitation will be measured on a quarterly basis and is 
designed to comply with Sub-Chapter M of the Internal Revenue Code. 
Accordingly, the Commission believes that waiver of the 30-day 
operative delay is consistent with the protection of investors and the 
public interest and hereby waives the operative delay and designates 
the proposed rule change operative upon filing.\15\
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of waiving the 30-day operative delay, 
the Commission also has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    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

[[Page 24543]]

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 rule-comments@sec.gov. Please include 
File Number SR-CboeBZX-2018-034 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-CboeBZX-2018-034. 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-CboeBZX-2018-034, and should be 
submitted on or before June 19, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2018-11356 Filed 5-25-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices                                                  24541

                                               Notice are consistent with Rule 17Ad–                   for equity products. This data would be               Commission is publishing this notice to
                                               22(e)(6) under the Exchange Act, which                  obtained from a reliable industry                     solicit comments on the proposed rule
                                               requires that OCC establish, implement,                 vendor. Consequently, the Commission                  change from interested persons.
                                               maintain, and enforce written policies                  believes that the proposal contained in
                                                                                                                                                             I. Self-Regulatory Organization’s
                                               and procedures reasonably designed to                   the Advance Notice would help ensure
                                                                                                                                                             Statement of the Terms of Substance of
                                               cover its credit exposures to its                       that OCC’s margin methodology would
                                                                                                                                                             the Proposed Rule Change
                                               participants by establishing a risk-based               utilize a reliable source of timely price
                                               margin system that, among other things:                 data, which would better reflect current                 The Exchange filed a proposal to
                                               (i) Considers, and produces margin                      market conditions than the current                    amend a representation made in a rule
                                               levels commensurate with the risks and                  monthly updates, and thereby result in                change previously approved by the
                                               particular attributes of each relevant                  more accurate and responsive margin                   Commission relating to the listing and
                                               product, portfolio, and market; (ii)                    requirements.116 Consequently, the                    trading of the iShares Gold Strategy ETF
                                               calculates margin sufficient to cover its               Commission finds that the proposal is                 (the ‘‘Fund’’), a series of the iShares U.S.
                                               potential future exposure to participants               consistent with Exchange Act Rule                     ETF Trust (the ‘‘Trust’’).
                                               in the interval between the last margin                 17Ad–22(e)(6).                                           The text of the proposed rule change
                                               collection and the close out of positions                                                                     is available at the Exchange’s website at
                                                                                                       V. Conclusion                                         www.markets.cboe.com, at the principal
                                               following a participant default; and (iii)
                                               uses reliable sources of timely price data                It is therefore noticed, pursuant to                office of the Exchange, and at the
                                               and uses procedures and sound                           Section 806(e)(1)(I) of the Payment                   Commission’s Public Reference Room.
                                               valuation models for addressing                         Supervision Act,117 that the
                                                                                                       Commission does not object to Advance                 II. Self-Regulatory Organization’s
                                               circumstances in which pricing data is                                                                        Statement of the Purpose of, and
                                               not readily available or reliable.107                   Notice (SR–OCC–2017–811) and that
                                                                                                       OCC is authorized to implement the                    Statutory Basis for, the Proposed Rule
                                                  As described above, the proposal
                                                                                                       proposed change.                                      Change
                                               contained in the Advance Notice would
                                               make several amendments to OCC’s                          By the Commission.                                     In its filing with the Commission, the
                                               margin methodology designed to                                                                                Exchange included statements
                                                                                                       Eduardo A. Aleman,
                                               improve how it: (i) Accounts for                                                                              concerning the purpose of and basis for
                                                                                                       Assistant Secretary.
                                               asymmetry in conditional variance; 108                                                                        the proposed rule change and discussed
                                                                                                       [FR Doc. 2018–11454 Filed 5–25–18; 8:45 am]
                                               (ii) models the statistical distribution of                                                                   any comments it received on the
                                                                                                       BILLING CODE 8011–01–P                                proposed rule change. The text of these
                                               price returns; 109 (iii) models second-day
                                               volatility forecasts; 110 (iv) estimates                                                                      statements may be examined at the
                                               covariance and correlations between                                                                           places specified in Item IV below. The
                                                                                                       SECURITIES AND EXCHANGE
                                               risk factors to provide for stable and                                                                        Exchange has prepared summaries, set
                                                                                                       COMMISSION
                                               sensitive correlation estimations; 111 and                                                                    forth in Sections A, B, and C below, of
                                               (v) treats defaulting securities by                     [Release No. 34–83302; File No. SR–                   the most significant parts of such
                                               reducing the impact that illiquid                       CboeBZX–2018–034]                                     statements.
                                               securities with discontinuous data have                                                                       A. Self-Regulatory Organization’s
                                               on default variance estimates.112                       Self-Regulatory Organizations; Cboe
                                                                                                       BZX Exchange, Inc.; Notice of Filing                  Statement of the Purpose of, and
                                                  The Commission believes the
                                                                                                       and Immediate Effectiveness of a                      Statutory Basis for, the Proposed Rule
                                               modifications proposed are designed to
                                                                                                       Proposed Rule Change Relating to the                  Change
                                               improve the manner in which STANS
                                               would calculate daily margin                            Listing and Trading of the iShares                    1. Purpose
                                               requirements for OCC’s clearing                         Gold Strategy ETF, a Series of the
                                                                                                       iShares U.S. ETF Trust                                   The shares of the Fund (the ‘‘Shares’’)
                                               members. Consequently, the                                                                                    were approved for listing and trading on
                                               Commission believes that the proposal                   May 22, 2018.                                         the Exchange under Exchange Rule
                                               is designed both (i) to consider, and                      Pursuant to Section 19(b)(1) of the                14.11(i), which governs the listing and
                                               produce margin levels commensurate                      Securities Exchange Act of 1934                       trading of Managed Fund Shares.5 The
                                               with, the risks and particular attributes               (‘‘Act’’),1 and Rule 19b–4 thereunder,2               Shares have not yet commenced trading
                                               of each relevant product, portfolio, and                notice is hereby given that on May 9,                 on the Exchange. The Fund is a series
                                               market 113 and (ii) to calculate margin                 2018, Cboe BZX Exchange, Inc.                         of the Trust, which was established as
                                               sufficient to cover OCC’s potential                     (‘‘Exchange’’ or ‘‘BZX’’) filed with the              a Delaware statutory trust on June 21,
                                               future exposure to participants in the                  Securities and Exchange Commission                    2011. BlackRock Fund Advisors (the
                                               interval between the last margin                        (‘‘Commission’’) the proposed rule                    ‘‘Adviser’’) will serve as the investment
                                               collection and the close out of positions               change as described in Items I and II                 adviser to the Fund. The Trust is
                                               following a participant default.114                     below, which Items have been prepared                 registered with the Commission as an
                                               Additionally, as discussed in the                       by the Exchange. The Exchange has                     open-end management investment
                                               Advance Notice,115 the proposal would                   designated this proposal as a ‘‘non-                  company and has filed a registration
                                               introduce daily updates for price data                  controversial’’ proposed rule change                  statement on behalf of the Fund on
                                                                                                       pursuant to Section 19(b)(3)(A) of the                Form N–1A (‘‘Registration Statement’’)
                                                 107 17   CFR 240.17AD–22(e)(6).
                                                 108 See
                                                                                                       Act 3 and Rule 19b–4(f)(6)(iii) 4                     with the Commission.6
                                                           Notice of Filing of Advance Notice, 82 FR
                                               at 61357.                                               thereunder, which renders it effective
daltland on DSKBBV9HB2PROD with NOTICES




                                                  109 Id.                                              upon filing with the Commission. The                     5 See Securities Exchange Act Release No. 83014

                                                  110 Id.                                                                                                    (April 9, 2018), 83 FR 16150 (April 13, 2018) (SR–
                                                                                                         116 See                                             CboeBZX–2017–023) (the ‘‘Approval Order’’).
                                                  111 Id.                                                        17 CFR 240.17Ad–22(e)(6)(iv).                  6 See Registration Statement on Form N–1A for
                                                  112 See Notice of Filing of Advance Notice, 82 FR      117 12U.S.C. 5465(e)(1)(G).
                                                                                                                                                             the Trust, filed with the Commission on November
                                               at 61357–61358.                                           1 15 U.S.C. 78s(b)(1).
                                                                                                                                                             1, 2017 (File Nos. 333–179904 and 811–22649). The
                                                  113 See 17 CFR 240.17Ad–22(e)(6)(i).                   2 17 CFR 240.19b–4.
                                                                                                                                                             descriptions of the Fund and the Shares contained
                                                  114 See 17 CFR 240.17Ad–22(e)(6)(iii).                 3 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                             herein are based, in part, on information in the
                                                  115 See Notice, 82 FR at 61356.                        4 17 CFR 240.19b–4(f)(6)(iii).                                                               Continued




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                                               24542                           Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices

                                                 The Exchange proposes to amend the                     2. Statutory Basis                                     operative for 30 days from the date on
                                               Approval Order in order to make clear                       The Exchange believes that the                      which it was filed, or such shorter time
                                               that the representation that limits Fund                 proposal is consistent with Section 6(b)               as the Commission may designate, it has
                                               holdings in the Subsidiary 7 to 25% of                   of the Act 9 in general and Section                    become effective pursuant to Section
                                               the Fund’s total assets (the ‘‘25%                       6(b)(5) of the Act 10 in particular in that            19(b)(3)(A) of the Act 11 and Rule 19b–
                                               Limitation’’) was made to indicate that                  it is designed to prevent fraudulent and               4(f)(6) thereunder.12
                                               the Fund will comply with Sub-Chapter                    manipulative acts and practices, to                       A proposed rule change filed
                                               M of the Internal Revenue Code of 1986,                  promote just and equitable principles of               pursuant to Rule 19b–4(f)(6) under the
                                               as amended (the ‘‘Internal Revenue                       trade, to remove impediments to, and                   Act 13 normally does not become
                                               Code’’), and as such, the 25% Limitation                 perfect the mechanism of, a free and                   operative for 30 days after the date of its
                                               was intended to be measured on a                         open market and, in general, to protect                filing. However, Rule 19b–4(f)(6)(iii) 14
                                               quarterly basis. Specifically, the                       investors and the public interest.                     permits the Commission to designate a
                                               Exchange is proposing to change the                         As described above, all of the                      shorter time if such action is consistent
                                               sentence that reads:                                     Continued Listing Representations                      with the protection of investors and the
                                                                                                        which formed the basis for the                         public interest. The Exchange has
                                               References below to the holdings of the
                                               Fund, including any restrictions thereon that            Commission in approving the Approval                   requested that the Commission waive
                                               are described within this proposal, are                  Order remain true and will continue to                 the 30-day operative delay so that the
                                               inclusive of the direct holdings of the Fund             constitute listing requirements for the                proposed rule change may become
                                               as well as the indirect holdings of the Fund             Fund with the exception of the single                  operative upon filing. The Commission
                                               through the Subsidiary, which may                        representation that the Exchange is                    notes that waiver of the 30-day
                                               constitute up to 25% of the total assets of the          proposing to make clearer. This                        operative delay will allow the Fund to
                                               Fund.                                                                                                           immediately operate under the certainty
                                                                                                        proposed change will only make clear
                                                 The Exchange is proposing to replace                   the basis for and timing of the                        of the application of the 25% Limitation
                                               that sentence with the following:                        calculation of the 25% Limitation and is               proposed in this proposal and provide
                                                                                                        not proposing to make any substantive                  the same clarity to investors. The
                                               References below to the holdings of the                                                                         Commission does not believe that there
                                               Fund, including any restrictions thereon that            changes to the types or amounts of any
                                               are described within this proposal, are                  particular instrument that the Fund can                is any reason for delay when the
                                               inclusive of the direct holdings of the Fund             hold. As such, the Exchange believes                   proposal is only designed to make clear
                                               as well as the indirect holdings of the Fund             that the proposal is designed to prevent               that the 25% Limitation will be
                                               through the Subsidiary, which, in                        fraudulent and manipulative acts and                   measured on a quarterly basis and is
                                               compliance with Sub-Chapter M of the                     practices, to promote just and equitable               designed to comply with Sub-Chapter M
                                               Internal Revenue Code of 1986, as amended,               principles of trade, to remove                         of the Internal Revenue Code.
                                               may constitute up to 25% of the total assets                                                                    Accordingly, the Commission believes
                                                                                                        impediments to, and perfect the
                                               of the Fund, as determined at the end of each                                                                   that waiver of the 30-day operative
                                               of the Fund’s fiscal quarters.                           mechanism of, a free and open market
                                                                                                        and a national market system, and, in                  delay is consistent with the protection
                                                 The Exchange believes that this                        general, to protect investors and the                  of investors and the public interest and
                                               proposed change is a non-controversial                   public interest.                                       hereby waives the operative delay and
                                               change because it is only to clarify that                                                                       designates the proposed rule change
                                               the 25% Limitation is measured on a                      B. Self-Regulatory Organization’s                      operative upon filing.15
                                               quarterly basis in compliance with Sub-                  Statement on Burden on Competition                        At any time within 60 days of the
                                               Chapter M of the Internal Revenue                          The Exchange does not believe that                   filing of the proposed rule change, the
                                               Code. This proposed change regarding                     the proposed rule change will impose                   Commission summarily may
                                               the 25% Limitation is the only change                    any burden on competition that is not                  temporarily suspend such rule change if
                                               covered by this proposal, and all other                  necessary or appropriate in furtherance                it appears to the Commission that such
                                               representations in the Approval Order,                   of the purposes of the Act. The                        action is necessary or appropriate in the
                                               including both initial listing                           Exchange believes that making clear the                public interest, for the protection of
                                               requirements and Continued Listing                       timing of the calculation of and the                   investors, or otherwise in furtherance of
                                               Representations,8 remain true and will                   basis for the 25% Limitation will have                 the purposes of the Act.
                                               apply on a continuous basis, as                          no impact on competition.                              IV. Solicitation of Comments
                                               applicable, consistent with Exchange
                                                                                                        C. Self-Regulatory Organization’s                        Interested persons are invited to
                                               Rule 14.11.
                                                                                                        Statement on Comments on the                           submit written data, views, and
                                                                                                        Proposed Rule Change Received From                     arguments concerning the foregoing,
                                               Registration Statement. The Commission has issued
                                               an order granting certain exemptive relief to the
                                                                                                        Members, Participants or Others                        including whether the proposed rule
                                               Adviser and open-end management companies                  The Exchange has neither solicited                     11 15  U.S.C. 78s(b)(3)(A).
                                               advised by the Adviser under the Investment
                                               Company Act of 1940 (15 U.S.C. 80a–1). See
                                                                                                        nor received written comments on the                     12 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                               Investment Company Act Release No. 29571                 proposed rule change.                                  4(f)(6)(iii) requires a self-regulatory organization to
                                               (January 24, 2011) (File No. 812–13601).                                                                        give the Commission written notice of its intent to
                                                  7 The ‘‘Subsidiary’’ is a wholly owned subsidiary
                                                                                                        III. Date of Effectiveness of the                      file the proposed rule change, along with a brief
                                               of the Fund that is organized in the Cayman Islands      Proposed Rule Change and Timing for                    description and text of the proposed rule change,
                                               and has the same investment objective as the Fund.       Commission Action                                      at least five business days prior to the date of filing
                                                  8 As defined in Rule 14.11(a), the term                                                                      of the proposed rule change, or such shorter time
                                                                                                           Because the foregoing proposed rule                 as designated by the Commission. The Exchange
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                                               ‘‘Continued Listing Representations’’ means any of
                                               the statements or representations regarding the          change does not: (i) Significantly affect              has satisfied this requirement.
                                               index composition, the description of the portfolio      the protection of investors or the public                 13 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                  14 17 CFR 240.19b–4(f)(6)(iii).
                                               or reference assets, limitations on portfolio holdings   interest; (ii) impose any significant
                                               or reference assets, dissemination and availability                                                                15 For purposes only of waiving the 30-day

                                               of index, reference asset, and intraday indicative
                                                                                                        burden on competition; and (iii) become                operative delay, the Commission also has
                                               values (as applicable), or the applicability of                                                                 considered the proposed rule’s impact on
                                                                                                         9 15   U.S.C. 78f(b).
                                               Exchange listing rules specified in any filing to list                                                          efficiency, competition, and capital formation. See
                                               a series of securities under Rule 14.11.                  10 15   U.S.C. 78f(b)(5).                             15 U.S.C. 78c(f).



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                                                                              Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices                                                       24543

                                               change is consistent with the Act.                         For the Commission, by the Division of             Exchange has prepared summaries, set
                                               Comments may be submitted by any of                     Trading and Markets, pursuant to delegated            forth in sections A, B, and C below, of
                                                                                                       authority.16                                          the most significant aspects of such
                                               the following methods:
                                                                                                       Jill M. Peterson,                                     statements.
                                               Electronic Comments                                     Assistant Secretary.
                                                                                                       [FR Doc. 2018–11356 Filed 5–25–18; 8:45 am]
                                                                                                                                                             A. Self-Regulatory Organization’s
                                                 • Use the Commission’s internet                                                                             Statement of the Purpose of, and
                                                                                                       BILLING CODE 8011–01–P
                                               comment form (http://www.sec.gov/                                                                             Statutory Basis for, the Proposed Rule
                                               rules/sro.shtml); or                                                                                          Change
                                                 • Send an email to rule-comments@                     SECURITIES AND EXCHANGE                               1. Purpose
                                               sec.gov. Please include File Number SR–                 COMMISSION
                                               CboeBZX–2018–034 on the subject line.                                                                           The purpose of the proposed rule
                                                                                                       [Release No. 34–83306; File No. SR–ISE–               change is to amend the Schedule of Fees
                                               Paper Comments                                          2018–46]
                                                                                                                                                             related to Complex Orders traded on the
                                                                                                                                                             Exchange, including: (1) Priority
                                                 • Send paper comments in triplicate                   Self-Regulatory Organizations; Nasdaq
                                                                                                                                                             Customer 3 Complex Order rebates, (2)
                                               to Secretary, Securities and Exchange                   ISE, LLC; Notice of Filing and
                                                                                                       Immediate Effectiveness of Proposed                   Market Maker 4 fees, (3) the non-Priority
                                               Commission, 100 F Street NE,                                                                                  Customer Complex Order taker
                                               Washington, DC 20549–1090.                              Rule Change To Amend the Schedule
                                                                                                       of Fees Related to Complex Orders                     surcharge, and (4) formatting and other
                                               All submissions should refer to File                                                                          non-substantive changes to the tables.
                                                                                                       May 23, 2018.                                         Each of the proposed changes is
                                               Number SR–CboeBZX–2018–034. This
                                               file number should be included on the                      Pursuant to Section 19(b)(1) of the                described in more detail below.
                                                                                                       Securities Exchange Act of 1934
                                               subject line if email is used. To help the                                                                    I. Priority Customer Complex Order
                                                                                                       (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               Commission process and review your                                                                            Rebates
                                                                                                       notice is hereby given that on May 10,
                                               comments more efficiently, please use                   2018, Nasdaq ISE, LLC (‘‘ISE’’ or
                                               only one method. The Commission will                                                                             Currently, the Exchange has a fee
                                                                                                       ‘‘Exchange’’) filed with the Securities               structure in place for Complex Orders
                                               post all comments on the Commission’s                   and Exchange Commission                               that provides rebates to Priority
                                               internet website (http://www.sec.gov/                   (‘‘Commission’’) the proposed rule                    Customer Complex Orders in order to
                                               rules/sro.shtml). Copies of the                         change as described in Items I and II                 encourage Members to bring that order
                                               submission, all subsequent                              below, which Items have been prepared                 flow to the Exchange. Specifically,
                                               amendments, all written statements                      by the Exchange. The Commission is                    Priority Customer Complex Orders are
                                               with respect to the proposed rule                       publishing this notice to solicit                     provided rebates in Select Symbols 5
                                               change that are filed with the                          comments on the proposed rule change                  and Non-Select Symbols 6 (other than
                                               Commission, and all written                             from interested persons.                              NDX and MNX) based on Priority
                                               communications relating to the                          I. Self-Regulatory Organization’s                     Customer average daily volume
                                               proposed rule change between the                        Statement of the Terms of Substance of                (‘‘ADV’’) in eight tiers as shown in the
                                               Commission and any person, other than                   the Proposed Rule Change                              table below:7
                                               those that may be withheld from the
                                                                                                          The Exchange proposes to amend the
                                               public in accordance with the                                                                                    3 A ‘‘Priority Customer’’ is a person or entity that
                                                                                                       Schedule of Fees related to Complex
                                               provisions of 5 U.S.C. 552, will be                                                                           is not a broker/dealer in securities, and does not
                                                                                                       Orders traded on the Exchange.                        place more than 390 orders in listed options per day
                                               available for website viewing and                          The text of the proposed rule change               on average during a calendar month for its own
                                               printing in the Commission’s Public                     is available on the Exchange’s website at             beneficial account(s), as defined in Nasdaq ISE Rule
                                               Reference Room, 100 F Street NE,                        http://ise.cchwallstreet.com/, at the                 100(a)(37A).
                                                                                                                                                                4 ‘‘Market Maker’’ refers to ‘‘Competitive Market
                                               Washington, DC 20549 on official                        principal office of the Exchange, and at              Makers’’ and ‘‘Primary Market Makers’’ collectively.
                                               business days between the hours of                      the Commission’s Public Reference                     See ISE Rule 100(a)(28).
                                               10:00 a.m. and 3:00 p.m. Copies of the                  Room.                                                    5 ‘‘Select Symbols’’ are options overlying all

                                               filing also will be available for                                                                             symbols listed on the Nasdaq ISE that are in the
                                                                                                       II. Self-Regulatory Organization’s                    Penny Pilot Program.
                                               inspection and copying at the principal
                                                                                                       Statement of the Purpose of, and                         6 ‘‘Non-Select Symbols’’ are options overlying all
                                               office of the Exchange. All comments
                                                                                                       Statutory Basis for, the Proposed Rule                symbols excluding Select Symbols.
                                               received will be posted without change.                 Change                                                   7 The Priority Customer Complex Order rebates

                                               Persons submitting comments are                                                                               are provided per contract per leg if the order trades
                                               cautioned that we do not redact or edit                    In its filing with the Commission, the             with non-Priority Customer orders in the Complex
                                               personal identifying information from                   Exchange included statements                          Order Book or trades with quotes and orders on the
                                                                                                       concerning the purpose of and basis for               regular order book.
                                               comment submissions. You should                                                                                  The rebate for the highest tier volume achieved
                                                                                                       the proposed rule change and discussed
                                               submit only information that you wish                                                                         is applied retroactively to all eligible Priority
                                                                                                       any comments it received on the                       Customer Complex volume once the threshold has
                                               to make available publicly. All
                                                                                                       proposed rule change. The text of these               been reached.
                                               submissions should refer to File
                                                                                                       statements may be examined at the                        Members will not receive rebates for net zero
                                               Number SR–CboeBZX–2018–034, and                         places specified in Item IV below. The                complex orders. For purposes of determining which
                                               should be submitted on or before June                                                                         complex orders qualify as ‘‘net zero’’ the Exchange
                                               19, 2018.                                                                                                     will count all complex orders that leg in to the
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                                                                                                         16 17 CFR 200.30–3(a)(12).                          regular order book and are executed at a net price
                                                                                                         1 15 U.S.C. 78s(b)(1).                              per contract that is within a range of $0.01 credit
                                                                                                         2 17 CFR 240.19b–4.                                 and $0.01 debit.




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Document Created: 2018-05-26 00:48:41
Document Modified: 2018-05-26 00:48:41
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 Citation83 FR 24541 

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