83_FR_25173 83 FR 25068 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Memorialize Its Order and Execution Information Into ISE Rule 718, Entitled “Data Feeds”

83 FR 25068 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Memorialize Its Order and Execution Information Into ISE Rule 718, Entitled “Data Feeds”

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 105 (May 31, 2018)

Page Range25068-25071
FR Document2018-11613

Federal Register, Volume 83 Issue 105 (Thursday, May 31, 2018)
[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Pages 25068-25071]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11613]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83323; File No. SR-ISE-2018-47]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Memorialize Its 
Order and Execution Information Into ISE Rule 718, Entitled ``Data 
Feeds''

May 24, 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 14, 2018, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') 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 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to memorialize its order and execution 
information into ISE Rule 718, entitled ``Data Feeds.''
    The text of the proposed rule change is available on the Exchange's 
website at http://ise.cchwallstreet.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 aspects of such 
statements.

[[Page 25069]]

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

1. Purpose
    The Exchange proposes to add order and execution information into 
ISE Rule 718, entitled ``Data Feeds.'' The Exchange proposes to rename 
this rule ``Data Feeds and Trade Information.'' The Exchange also 
proposes to amend Rule 100 to add definitions.
ISE Rule 718(a)
    The Exchange proposes to amend the Nasdaq ISE Top Quote Feed. The 
Exchange stated in that description that this feed calculates and 
disseminates ISE's best bid and offer position, with aggregated size 
(including total size in aggregate, for Public Customer \3\ size in the 
aggregate and Priority Customer \4\ size in the aggregate), based on 
displayable order and quote interest in the System. The Exchange 
proposes to amend this rule text to instead provide, ``this feed 
calculates and disseminates ISE's best bid and offer position, with 
aggregated size (including total size in aggregate, for Professional 
Order \5\ size in the aggregate and Priority Customer Order size in the 
aggregate), based on displayable order and quote interest in the 
System.'' The Exchange intended to specify that Professional Orders and 
Priority Customer Orders are segregated and aggregated. The Public 
Customer definition is too broad because it includes a portion of 
Priority Customer, which was already specified within the description. 
The Exchange proposes to remove Public Customer and replace it with 
Professional Order to be more specific and amend Priority Customer to 
Priority Customer Order to reference the types of orders that are 
aggregated to conform the rule text.
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    \3\ The term ``Public Customer'' means a person or entity that 
is not a broker or dealer in securities. See Rule 100(a)(42).
    \4\ The term ``Priority Customer'' means a person or entity that 
(i) is not a broker or dealer in securities, and (ii) does not place 
more than 390 orders in listed options per day on average during a 
calendar month for its own beneficial account(s). See 100(a)(41A). 
The term ``Priority Customer Order'' means an order for the account 
of a Priority Customer. See Rule 100(a)(41B).
    \5\ The term ``Professional Order'' means an order that is for 
the account of a person or entity that is not a Priority Customer. 
See Rule 100(a)(41C).
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ISE Rule 718(b)
    The Exchange proposes to adopt a new ISE Rule 718(b) and 
memorialize the following order and execution information, which was 
discussed in other rule filings by the Exchange: (i) Clearing Trade 
Information or ``CTI''; and (ii) FIX DROP.\6\ The Exchange is also 
adding a description for TradeInfo. The TradeInfo user interface is 
being offered today on ISE at no cost.
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    \6\ See Securities Exchange Act Release No. 82568 (January 29, 
2018), 83 FR 4086 (January 23, 2018) (SR-ISE-2018-07) (``Prior 
Filing'').
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    The Exchange notes that while CTI and FIX Drop information are 
accessible through a port, TradeInfo is an interface. The Exchange 
notes this distinction to make clear the manner of delivery for each of 
these information types.
CTI
    The Exchange stated in its Prior Filing that ``CTI is a real-time 
clearing trade message that is sent to a Member after an execution has 
occurred and contains trade details. The message containing the trade 
details is also simultaneously sent to The Options Clearing 
Corporation. The information includes, among other things, the 
following: (i) The Clearing Member Trade Agreement or ``CMTA'' or The 
Options Clearing Corporation or ``OCC'' number; (ii) Exchange badge or 
house number; (iii) the Exchange internal firm identifier; and (iv) an 
indicator which will distinguish electronic and non-electronically 
delivered orders; (v) liquidity indicators and transaction type for 
billing purposes; (vi) capacity.''\7\
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    \7\ Id.
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    The Exchange is proposing to amend the CTI description and 
memorialize it within ISE Rule 718(b)(1). The Exchange proposes to 
eliminate the sentence which states, ``The message containing the trade 
details is also simultaneously sent to The Options Clearing 
Corporation.'' The Exchange's System sends clearing information to OCC 
for each transaction. This sentence does not add information that is 
useful or relevant and therefore the Exchange proposes to remove it. 
The Exchange also proposes to delete the words ``an indicator which 
will distinguish electronic and non-electronically delivered orders.'' 
The only method on ISE to deliver an order is electronically.
    The Exchange proposes to adopt definitions for ``account number,'' 
\8\ ``badge,'' \9\ and ``mnemonic'' \10\ to be utilized within the CTI 
description and uniformly throughout the Rulebook. The Exchange 
proposes to renumber Rule 100 to accommodate the new definitions. The 
Exchange is reserving 2 numbers for future use of other definitions. 
The Exchange proposes to replace the phrase in Rule 718(b)(1) 
subsection (ii) from previously filed Exchange badge or house number to 
proposed definitions for badge or mnemonic. The Exchange proposes to 
replace the phrase in Rule 718(b)(1) subsection (iii) from Exchange 
internal firm identifier to proposed definition for account number. The 
Exchange proposes to expand on Rule 718(b)(1) subsection (iv) by 
replacing the phrase ``an indicator which will distinguish electronic 
and non-electronically delivered orders'' with ``information which 
identifies the transaction type (e.g. auction type) for billing 
purposes.'' Finally, the Exchange is adding an ``and'' before Rule 
718(b)(1) subsection (v) capacity'' and changing the wording to 
``market participant capacity.'' The Exchange has renumbered the CTI 
subsections to account for the language that was removed from the 
description. Finally, the Exchange is making a grammatical change and 
adding parenthesis around defined terms. The Exchange is expressing 
more specifically the type of data contained in CTI.
---------------------------------------------------------------------------

    \8\ An ``account number'' shall mean a number assigned to a 
Member. Members may have more than one account number. See proposed 
Rule 100(a)(1).
    \9\ A ``badge'' shall mean an account number with a letter 
suffix assigned to Market Makers. A Market Maker account may be 
associated with multiple badges. See proposed Rule 100(a)(5).
    \10\ A ``mnemonic'' shall mean an acronym comprised of letters 
and/or numbers assigned to Electronic Access Members. An Electronic 
Access Member account may be associated with multiple mnemonics. See 
proposed Rule 100(a)(34).
---------------------------------------------------------------------------

FIX DROP
    The Exchange stated in its Prior Filing that ``FIX DROP provides 
real-time order and execution update is a message that is sent to a 
Member after an order been received/modified or an execution has 
occurred and contains trade details. The information includes, among 
other things, the following: (1) Executions; (2) cancellations; (3) 
modifications to an existing order; and (4) busts or post-trade 
corrections.'' \11\
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    \11\ See note 6.
---------------------------------------------------------------------------

    The Exchange proposes to memorialize FIX DROP within ISE Rule 
718(b)(3). The Exchange notes that at the end of the first sentence of 
the description it is adding ``specific to that Member'' to make clear 
that FIX DROP only provides a Member its specific trade information. 
Also, an ``and'' is included before new (iv) as the numbers have been 
changed to roman numerals and the Exchange is proposing grammatical 
changes.
TradeInfo
    The Exchange proposes to establish its TradeInfo offering at ISE 
Rule 718(b)(2). TradeInfo, a user interface, permits a Member to: (i) 
Search all orders submitted in a particular security or all orders of a 
particular type,

[[Page 25070]]

regardless of their status (open, canceled, executed, etc.); (ii) view 
orders and executions; and (iii) download orders and executions for 
recordkeeping purposes. TradeInfo users may also cancel open orders at 
the order, port or firm mnemonic level through TradeInfo. TradeInfo is 
offered today to Members on ISE at no cost.
    The Exchange considers it appropriate to establish and memorialize 
the order and execution information available on ISE within a rule so 
that Members may understand the trade information which is available on 
the Exchange as it pertains to a firm's trading information. This data 
is available to all Members and is specific to a Member's transactions 
on ISE.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Securities Exchange Act of 1934 (the 
``Act''),\12\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\13\ in particular, in that it is designed to 
promote just and equitable principles of trade, to remove impediments 
to and perfect the mechanism for a free and open market and a national 
market system, and, in general, to protect investors and the public 
interest, by providing greater transparency as to the order and 
execution information offered on ISE. Each proposal is described in 
more detail below.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

ISE Rule 718(a)
    The Exchange's proposal to amend the Nasdaq ISE Top Quote Feed to 
specify that Professional Orders and Priority Customer Orders are 
segregated and aggregated is consistent with the protection of 
investors and the public interest because the Exchange is correcting 
the categories of orders, which are segregated and aggregated. The 
Public Customer definition is too broad because it includes a portion 
of Priority Customer, which was already specified within the 
description. The Exchange proposes to remove Public Customer and 
replace it with Professional Order to be more specific and amend 
Priority Customer to Priority Customer Order to reference the types of 
orders that are aggregated to conform the rule text. The Exchange 
believes that this amendment will bring more transparency to the 
information within the feed.
ISE Rule 718(b)
    The Exchange believes that memorializing CTI and FIX DROP within a 
rule will provide Members with transparency as to the order and 
information offerings available on ISE specific to their trading on 
ISE. The Exchange notes that CTI and FIX DROP were described in a Prior 
Filing while TradeInfo's description is new. The Exchange's proposal to 
establish TradeInfo is consistent with the Act because the Exchange is 
detailing the contents of this offering as well as providing 
transparency as to the availability of TradeInfo. The Exchange believes 
that offering Members TradeInfo, which allows Members to view 
executions as well as other capabilities with respect to order 
management, enhances the ability of a Member to manage its orders. The 
Exchange believes that providing Members with tools to manage orders is 
consistent with the Act and serves to protect investors and the public 
interest. Further, the Exchange believes that this proposal is 
consistent with the Act because TradeInfo provides information 
regarding information available to market participants, specifically 
with respect to trades they execute on ISE. The information is 
available to all Members.

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

    In accordance with Section 6(b)(8) of the Act,\14\ the Exchange 
does not believe that the proposed rule change will impose any burden 
on intermarket or intra-market competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The Exchange's 
proposal does not impose an undue burden on competition, rather the 
Exchange is seeking to provide greater transparency within its rules 
with respect to the Nasdaq ISE Top Quote Feed as well as order and 
execution information offered on ISE. The information is available to 
all Members. Specifically, TradeInfo is available to any Member that 
requests this service. The TradeInfo product will provide a Member 
information regarding that Member's executions.
---------------------------------------------------------------------------

    \14\ 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 either solicited or received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \15\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\16\
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    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, Rule 19b-4(f)(6)(iii) \18\ 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 asked 
the Commission to waive the 30-day operative delay so that the proposed 
rule change may become effective and operative immediately upon filing. 
The Exchange states that waiver of the operative delay will allow the 
Exchange to correct the Nasdaq ISE Top Quote Feed and update its rules 
immediately regarding order and execution information offered on ISE. 
The Exchange further states that it believes the waiver will further 
the protection of investors and the public interest because it will 
provide greater transparency as to the Nasdaq ISE Top Quote Feed as 
well as trade detail available to market participants. Further, the 
Exchange states that memorializing TradeInfo will provide Members with 
greater information concerning a Member's executions on ISE and make 
its availability transparent. The Commission believes that waiver of 
the 30-day operative delay is consistent with the protection of 
investors and the public interest. Therefore, the Commission hereby 
waives the 30-day operative delay and designates the proposed rule 
change as operative upon filing.\19\
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    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
    \19\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).

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[[Page 25071]]

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISE-2018-47 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-ISE-2018-47. 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-ISE-2018-47 and should be submitted on 
or before June 21, 2018.
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    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-11613 Filed 5-30-18; 8:45 am]
 BILLING CODE 8011-01-P



                                              25068                         Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices

                                              revised the estimated time required to                  may already be subject to similar                       Dated: May 24, 2018.
                                              develop and update a plan for workforce                 recordkeeping requirements as principal               Eduardo A. Aleman,
                                              inclusion of minorities and women                       contractors. Consequently, we believe                 Assistant Secretary.
                                              since the last approval of this                         that any additional requirements                      [FR Doc. 2018–11595 Filed 5–30–18; 8:45 am]
                                              information collection. Based on                        imposed on subcontractors would not                   BILLING CODE 8011–01–P
                                              OMWI’s review of the plans and other                    significantly add to the burden
                                              documentation submitted by contractors                  estimates discussed above.
                                              with fewer than 50 employees to                                                                               SECURITIES AND EXCHANGE
                                              demonstrate compliance with the                            Estimate of Reporting Burden: With
                                                                                                                                                            COMMISSION
                                              Contract Standard, we believe such                      respect to the reporting burden, we
                                              contractors would require                               estimate that it would take all                       [Release No. 34–83323; File No. SR–ISE–
                                              approximately 25 percent of the hours                   contractors on average approximately                  2018–47]
                                              that contractors of similar size spend on               one hour to retrieve and submit to the
                                              developing the written programs                         OMWI Director the documentation                       Self-Regulatory Organizations; Nasdaq
                                              required under the E.O. 11246                           specified in the proposed Contract                    ISE, LLC; Notice of Filing and
                                              regulations. Accordingly, we estimate                   Standard. We expect to request                        Immediate Effectiveness of Proposed
                                              that contractors would spend about 18                   documentation from up to 100                          Rule Change To Memorialize Its Order
                                              hours of employee resources to develop                  contractors each year and therefore we                and Execution Information Into ISE
                                              a plan for workforce inclusion of                       estimate the total annual reporting                   Rule 718, Entitled ‘‘Data Feeds’’
                                              minorities and women. This one-time                     burden to be 100 hours.                               May 24, 2018.
                                              implementation burden annualized                           On March 19, 2018, the Commission                     Pursuant to Section 19(b)(1) of the
                                              would be 450 hours. After the initial                   published a notice in the Federal                     Securities Exchange Act of 1934
                                              development, we estimate that each                      Register (83 FR 12042) of its intention               (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                              contractor with fewer than 50                                                                                 notice is hereby given that on May 14,
                                                                                                      to request an extension of this currently
                                              employees would spend approximately                                                                           2018, Nasdaq ISE, LLC (‘‘ISE’’ or
                                                                                                      approved collection of information, and
                                              8 hours each year updating and                                                                                ‘‘Exchange’’) filed with the Securities
                                                                                                      allowed the public 60 days to submit
                                              maintaining its plan for workforce                                                                            and Exchange Commission
                                              inclusion of minorities and women. The                  comments. The Commission received no
                                                                                                      comments.                                             (‘‘Commission’’) the proposed rule
                                              Commission estimates that the                                                                                 change as described in Items I and II
                                              annualized recurring burden associated                     Written comments continue to be
                                                                                                                                                            below, which Items have been prepared
                                              with the information collection would                   invited on: (a) Whether this collection of            by the Exchange. The Commission is
                                              be 375 hours. Thus, the Commission                      information is necessary for the proper               publishing this notice to solicit
                                              estimates the annual recordkeeping                      performance of the functions of the                   comments on the proposed rule change
                                              burden for such contractors would total                 agency, including whether the                         from interested persons.
                                              825 hours.                                              information will have practical utility;
                                                The Contract Standard requires                        (b) the accuracy of the agency’s estimate             I. Self-Regulatory Organization’s
                                              contractors to maintain information                     of the burden imposed by the collection               Statement of the Terms of Substance of
                                              about covered subcontractors’                           of information; (c) ways to enhance the               the Proposed Rule Change
                                              ownership status, workforce                             quality, utility, and clarity of the                     The Exchange proposes to
                                              demographics, and workforce inclusion                   information collected; and (d) ways to                memorialize its order and execution
                                              plans. Contractors would request this                   minimize the burden of the collection of              information into ISE Rule 718, entitled
                                              information from their covered                          information on respondents, including                 ‘‘Data Feeds.’’
                                              subcontractors, who would have an                       through the use of automated collection                  The text of the proposed rule change
                                              obligation to keep workforce                            techniques or other forms of information              is available on the Exchange’s website at
                                              demographic data and maintain plans                                                                           http://ise.cchwallstreet.com/, at the
                                                                                                      technology.
                                              for workforce inclusion of minorities                                                                         principal office of the Exchange, and at
                                              and women because the Contract                             The public may view the background
                                                                                                                                                            the Commission’s Public Reference
                                              Standard is included in their                           documentation for this information
                                                                                                                                                            Room.
                                              subcontracts. Based on data describing                  collection at the following website,
                                              recent Commission subcontractor                         www.reginfo.gov. Comments should be                   II. Self-Regulatory Organization’s
                                              activity, we believe that few                           directed to: (i) Desk Officer for the                 Statement of the Purpose of, and
                                              subcontractors will have subcontracts                   Securities and Exchange Commission,                   Statutory Basis for, the Proposed Rule
                                              for services with a dollar value of                     Office of Information and Regulatory                  Change
                                              $100,000 or more under Commission                       Affairs, Office of Management and                       In its filing with the Commission, the
                                              service contracts.9 These subcontractors                Budget, Room 10102, New Executive                     Exchange included statements
                                                                                                      Office Building, Washington, DC 20503,                concerning the purpose of and basis for
                                              the regulations implementing E.O. 11246. We             or by sending an email to: Shagufta_                  the proposed rule change and discussed
                                              understand the quantitative analyses prescribed by
                                              the Executive Order regulations at 41 CFR part 60–
                                                                                                      Ahmed@omb.eop.gov; and (ii) Pamela                    any comments it received on the
                                              2 are a time-consuming aspect of the written            Dyson, Director/Chief Information                     proposed rule change. The text of these
                                              program development. As there is no requirement         Officer, Securities and Exchange                      statements may be examined at the
                                              to perform these types of quantitative analyses in      Commission, c/o Remi Pavlik-Simon,                    places specified in Item IV below. The
amozie on DSK3GDR082PROD with NOTICES1




                                              connection with the plan for workforce inclusion of
                                              minorities and women under the Contract Standard,       100 F Street NE, Washington, DC 20549                 Exchange has prepared summaries, set
                                              we believe the plan for workforce inclusion will        or send an email to: PRA_Mailbox@                     forth in sections A, B, and C below, of
                                              take substantially fewer hours to develop. The          sec.gov. Comments must be submitted to                the most significant aspects of such
                                              Supporting Statement is available at reginfo.gov.                                                             statements.
                                                9 A search of subcontract awards on the
                                                                                                      OMB within 30 days of this notice.
                                              usaspending.gov website showed that three
                                                                                                                                                              1 15   U.S.C. 78s(b)(1).
                                              subcontractors in FY 2016 and six subcontractors in     data on subcontract awards available at http://
                                              FY 2017 had subcontracts of $100,000 or more. See       usaspending.gov.                                        2 17   CFR 240.19b–4.



                                         VerDate Sep<11>2014   17:46 May 30, 2018   Jkt 241001   PO 00000   Frm 00103   Fmt 4703   Sfmt 4703   E:\FR\FM\31MYN1.SGM     31MYN1


                                                                              Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices                                              25069

                                              A. Self-Regulatory Organization’s                          and (ii) FIX DROP.6 The Exchange is                   Exchange proposes to renumber Rule
                                              Statement of the Purpose of and                            also adding a description for TradeInfo.              100 to accommodate the new
                                              Statutory Basis for, the Proposed Rule                     The TradeInfo user interface is being                 definitions. The Exchange is reserving 2
                                              Change                                                     offered today on ISE at no cost.                      numbers for future use of other
                                                                                                           The Exchange notes that while CTI                   definitions. The Exchange proposes to
                                              1. Purpose                                                 and FIX Drop information are accessible               replace the phrase in Rule 718(b)(1)
                                                 The Exchange proposes to add order                      through a port, TradeInfo is an interface.            subsection (ii) from previously filed
                                              and execution information into ISE Rule                    The Exchange notes this distinction to                Exchange badge or house number to
                                              718, entitled ‘‘Data Feeds.’’ The                          make clear the manner of delivery for                 proposed definitions for badge or
                                              Exchange proposes to rename this rule                      each of these information types.                      mnemonic. The Exchange proposes to
                                              ‘‘Data Feeds and Trade Information.’’                      CTI                                                   replace the phrase in Rule 718(b)(1)
                                              The Exchange also proposes to amend                                                                              subsection (iii) from Exchange internal
                                              Rule 100 to add definitions.                                  The Exchange stated in its Prior Filing            firm identifier to proposed definition for
                                                                                                         that ‘‘CTI is a real-time clearing trade              account number. The Exchange
                                              ISE Rule 718(a)                                            message that is sent to a Member after                proposes to expand on Rule 718(b)(1)
                                                 The Exchange proposes to amend the                      an execution has occurred and contains                subsection (iv) by replacing the phrase
                                              Nasdaq ISE Top Quote Feed. The                             trade details. The message containing                 ‘‘an indicator which will distinguish
                                              Exchange stated in that description that                   the trade details is also simultaneously              electronic and non-electronically
                                              this feed calculates and disseminates                      sent to The Options Clearing                          delivered orders’’ with ‘‘information
                                              ISE’s best bid and offer position, with                    Corporation. The information includes,                which identifies the transaction type
                                              aggregated size (including total size in                   among other things, the following: (i)                (e.g. auction type) for billing purposes.’’
                                              aggregate, for Public Customer 3 size in                   The Clearing Member Trade Agreement                   Finally, the Exchange is adding an
                                              the aggregate and Priority Customer 4                      or ‘‘CMTA’’ or The Options Clearing                   ‘‘and’’ before Rule 718(b)(1) subsection
                                              size in the aggregate), based on                           Corporation or ‘‘OCC’’ number; (ii)                   (v) capacity’’ and changing the wording
                                              displayable order and quote interest in                    Exchange badge or house number; (iii)                 to ‘‘market participant capacity.’’ The
                                              the System. The Exchange proposes to                       the Exchange internal firm identifier;                Exchange has renumbered the CTI
                                              amend this rule text to instead provide,                   and (iv) an indicator which will                      subsections to account for the language
                                              ‘‘this feed calculates and disseminates                    distinguish electronic and non-                       that was removed from the description.
                                              ISE’s best bid and offer position, with                    electronically delivered orders; (v)                  Finally, the Exchange is making a
                                              aggregated size (including total size in                   liquidity indicators and transaction type             grammatical change and adding
                                              aggregate, for Professional Order 5 size                   for billing purposes; (vi) capacity.’’7               parenthesis around defined terms. The
                                              in the aggregate and Priority Customer                        The Exchange is proposing to amend                 Exchange is expressing more
                                              Order size in the aggregate), based on                     the CTI description and memorialize it                specifically the type of data contained
                                              displayable order and quote interest in                    within ISE Rule 718(b)(1). The Exchange               in CTI.
                                              the System.’’ The Exchange intended to                     proposes to eliminate the sentence
                                                                                                         which states, ‘‘The message containing                FIX DROP
                                              specify that Professional Orders and
                                                                                                         the trade details is also simultaneously                 The Exchange stated in its Prior Filing
                                              Priority Customer Orders are segregated
                                                                                                         sent to The Options Clearing                          that ‘‘FIX DROP provides real-time
                                              and aggregated. The Public Customer
                                                                                                         Corporation.’’ The Exchange’s System                  order and execution update is a message
                                              definition is too broad because it
                                                                                                         sends clearing information to OCC for                 that is sent to a Member after an order
                                              includes a portion of Priority Customer,
                                                                                                         each transaction. This sentence does not              been received/modified or an execution
                                              which was already specified within the
                                                                                                         add information that is useful or                     has occurred and contains trade details.
                                              description. The Exchange proposes to
                                                                                                         relevant and therefore the Exchange                   The information includes, among other
                                              remove Public Customer and replace it
                                                                                                         proposes to remove it. The Exchange                   things, the following: (1) Executions; (2)
                                              with Professional Order to be more
                                                                                                         also proposes to delete the words ‘‘an                cancellations; (3) modifications to an
                                              specific and amend Priority Customer to                    indicator which will distinguish
                                              Priority Customer Order to reference the                                                                         existing order; and (4) busts or post-
                                                                                                         electronic and non-electronically                     trade corrections.’’ 11
                                              types of orders that are aggregated to                     delivered orders.’’ The only method on
                                              conform the rule text.                                                                                              The Exchange proposes to
                                                                                                         ISE to deliver an order is electronically.            memorialize FIX DROP within ISE Rule
                                              ISE Rule 718(b)                                               The Exchange proposes to adopt                     718(b)(3). The Exchange notes that at
                                                                                                         definitions for ‘‘account number,’’ 8                 the end of the first sentence of the
                                                The Exchange proposes to adopt a                         ‘‘badge,’’ 9 and ‘‘mnemonic’’ 10 to be
                                              new ISE Rule 718(b) and memorialize                                                                              description it is adding ‘‘specific to that
                                                                                                         utilized within the CTI description and               Member’’ to make clear that FIX DROP
                                              the following order and execution                          uniformly throughout the Rulebook. The
                                              information, which was discussed in                                                                              only provides a Member its specific
                                              other rule filings by the Exchange: (i)                       6 See Securities Exchange Act Release No. 82568
                                                                                                                                                               trade information. Also, an ‘‘and’’ is
                                              Clearing Trade Information or ‘‘CTI’’;                     (January 29, 2018), 83 FR 4086 (January 23, 2018)
                                                                                                                                                               included before new (iv) as the numbers
                                                                                                         (SR–ISE–2018–07) (‘‘Prior Filing’’).                  have been changed to roman numerals
                                                3 The term ‘‘Public Customer’’ means a person or            7 Id.                                              and the Exchange is proposing
                                              entity that is not a broker or dealer in securities. See      8 An ‘‘account number’’ shall mean a number
                                                                                                                                                               grammatical changes.
                                              Rule 100(a)(42).                                           assigned to a Member. Members may have more
                                                4 The term ‘‘Priority Customer’’ means a person          than one account number. See proposed Rule            TradeInfo
                                              or entity that (i) is not a broker or dealer in            100(a)(1).
                                                                                                                                                                  The Exchange proposes to establish
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                                              securities, and (ii) does not place more than 390             9 A ‘‘badge’’ shall mean an account number with

                                              orders in listed options per day on average during         a letter suffix assigned to Market Makers. A Market   its TradeInfo offering at ISE Rule
                                              a calendar month for its own beneficial account(s).        Maker account may be associated with multiple         718(b)(2). TradeInfo, a user interface,
                                              See 100(a)(41A). The term ‘‘Priority Customer              badges. See proposed Rule 100(a)(5).                  permits a Member to: (i) Search all
                                              Order’’ means an order for the account of a Priority          10 A ‘‘mnemonic’’ shall mean an acronym
                                              Customer. See Rule 100(a)(41B).
                                                                                                                                                               orders submitted in a particular security
                                                                                                         comprised of letters and/or numbers assigned to
                                                5 The term ‘‘Professional Order’’ means an order         Electronic Access Members. An Electronic Access       or all orders of a particular type,
                                              that is for the account of a person or entity that is      Member account may be associated with multiple
                                              not a Priority Customer. See Rule 100(a)(41C).             mnemonics. See proposed Rule 100(a)(34).               11 See   note 6.



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                                              25070                            Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices

                                              regardless of their status (open,                          ISE Rule 718(b)                                        III. Date of Effectiveness of the
                                              canceled, executed, etc.); (ii) view                                                                              Proposed Rule Change and Timing for
                                              orders and executions; and (iii)                             The Exchange believes that                           Commission Action
                                              download orders and executions for                         memorializing CTI and FIX DROP
                                                                                                         within a rule will provide Members                        Because the foregoing proposed rule
                                              recordkeeping purposes. TradeInfo                                                                                 change does not: (i) Significantly affect
                                              users may also cancel open orders at the                   with transparency as to the order and
                                                                                                         information offerings available on ISE                 the protection of investors or the public
                                              order, port or firm mnemonic level                                                                                interest; (ii) impose any significant
                                              through TradeInfo. TradeInfo is offered                    specific to their trading on ISE. The
                                                                                                         Exchange notes that CTI and FIX DROP                   burden on competition; and (iii) become
                                              today to Members on ISE at no cost.                                                                               operative for 30 days from the date on
                                                                                                         were described in a Prior Filing while
                                                 The Exchange considers it appropriate                   TradeInfo’s description is new. The                    which it was filed, or such shorter time
                                              to establish and memorialize the order                     Exchange’s proposal to establish                       as the Commission may designate, it has
                                              and execution information available on                     TradeInfo is consistent with the Act                   become effective pursuant to Section
                                              ISE within a rule so that Members may                      because the Exchange is detailing the                  19(b)(3)(A)(iii) of the Act 15 and
                                              understand the trade information which                     contents of this offering as well as                   subparagraph (f)(6) of Rule 19b–4
                                              is available on the Exchange as it                         providing transparency as to the                       thereunder.16
                                              pertains to a firm’s trading information.                  availability of TradeInfo. The Exchange                   A proposed rule change filed under
                                              This data is available to all Members                      believes that offering Members                         Rule 19b–4(f)(6) 17 normally does not
                                              and is specific to a Member’s                              TradeInfo, which allows Members to                     become operative prior to 30 days after
                                              transactions on ISE.                                       view executions as well as other                       the date of the filing. However, Rule
                                                                                                         capabilities with respect to order                     19b–4(f)(6)(iii) 18 permits the
                                              2. Statutory Basis                                                                                                Commission to designate a shorter time
                                                                                                         management, enhances the ability of a
                                                 The Exchange believes that the                          Member to manage its orders. The                       if such action is consistent with the
                                                                                                         Exchange believes that providing                       protection of investors and the public
                                              proposed rule change is consistent with
                                                                                                         Members with tools to manage orders is                 interest. The Exchange has asked the
                                              Section 6(b) of the Securities Exchange
                                                                                                                                                                Commission to waive the 30-day
                                              Act of 1934 (the ‘‘Act’’),12 in general,                   consistent with the Act and serves to
                                                                                                                                                                operative delay so that the proposed
                                              and furthers the objectives of Section                     protect investors and the public interest.
                                                                                                                                                                rule change may become effective and
                                              6(b)(5) of the Act,13 in particular, in that               Further, the Exchange believes that this
                                                                                                                                                                operative immediately upon filing. The
                                              it is designed to promote just and                         proposal is consistent with the Act
                                                                                                                                                                Exchange states that waiver of the
                                              equitable principles of trade, to remove                   because TradeInfo provides information
                                                                                                                                                                operative delay will allow the Exchange
                                              impediments to and perfect the                             regarding information available to
                                                                                                                                                                to correct the Nasdaq ISE Top Quote
                                              mechanism for a free and open market                       market participants, specifically with
                                                                                                                                                                Feed and update its rules immediately
                                              and a national market system, and, in                      respect to trades they execute on ISE.
                                                                                                                                                                regarding order and execution
                                              general, to protect investors and the                      The information is available to all
                                                                                                                                                                information offered on ISE. The
                                              public interest, by providing greater                      Members.
                                                                                                                                                                Exchange further states that it believes
                                              transparency as to the order and                           B. Self-Regulatory Organization’s                      the waiver will further the protection of
                                              execution information offered on ISE.                      Statement on Burden on Competition                     investors and the public interest
                                              Each proposal is described in more                                                                                because it will provide greater
                                              detail below.                                                In accordance with Section 6(b)(8) of                transparency as to the Nasdaq ISE Top
                                                                                                         the Act,14 the Exchange does not believe               Quote Feed as well as trade detail
                                              ISE Rule 718(a)
                                                                                                         that the proposed rule change will                     available to market participants.
                                                 The Exchange’s proposal to amend                        impose any burden on intermarket or                    Further, the Exchange states that
                                              the Nasdaq ISE Top Quote Feed to                           intra-market competition that is not                   memorializing TradeInfo will provide
                                              specify that Professional Orders and                       necessary or appropriate in furtherance                Members with greater information
                                              Priority Customer Orders are segregated                    of the purposes of the Act. The                        concerning a Member’s executions on
                                              and aggregated is consistent with the                      Exchange’s proposal does not impose an                 ISE and make its availability
                                              protection of investors and the public                     undue burden on competition, rather                    transparent. The Commission believes
                                              interest because the Exchange is                           the Exchange is seeking to provide                     that waiver of the 30-day operative
                                              correcting the categories of orders,                       greater transparency within its rules                  delay is consistent with the protection
                                              which are segregated and aggregated.                       with respect to the Nasdaq ISE Top                     of investors and the public interest.
                                              The Public Customer definition is too                      Quote Feed as well as order and                        Therefore, the Commission hereby
                                              broad because it includes a portion of                     execution information offered on ISE.                  waives the 30-day operative delay and
                                              Priority Customer, which was already                       The information is available to all                    designates the proposed rule change as
                                              specified within the description. The                      Members. Specifically, TradeInfo is                    operative upon filing.19
                                              Exchange proposes to remove Public                         available to any Member that requests
                                              Customer and replace it with                               this service. The TradeInfo product will                 15 15  U.S.C. 78s(b)(3)(A)(iii).
                                                                                                                                                                  16 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                              Professional Order to be more specific                     provide a Member information
                                                                                                                                                                4(f)(6)(iii) requires a self-regulatory organization to
                                              and amend Priority Customer to Priority                    regarding that Member’s executions.                    give the Commission written notice of its intent to
                                              Customer Order to reference the types of                                                                          file the proposed rule change, along with a brief
                                                                                                         C. Self-Regulatory Organization’s                      description and text of the proposed rule change,
                                              orders that are aggregated to conform                      Statement on Comments on the
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                                                                                                                                                                at least five business days prior to the date of filing
                                              the rule text. The Exchange believes that                  Proposed Rule Change Received From                     of the proposed rule change, or such shorter time
                                              this amendment will bring more                             Members, Participants, or Others                       as designated by the Commission. The Exchange
                                              transparency to the information within                                                                            has satisfied this requirement.
                                                                                                                                                                   17 17 CFR 240.19b–4(f)(6).
                                              the feed.                                                    No written comments were either                         18 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                         solicited or received.                                    19 For purposes only of waiving the 30-day
                                                12 15   U.S.C. 78f(b).                                                                                          operative delay, the Commission has also
                                                13 15   U.S.C. 78f(b)(5).                                 14 15   U.S.C. 78f(b)(8).                             considered the proposed rule’s impact on



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                                                                            Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices                                               25071

                                                 At any time within 60 days of the                    received will be posted without change.                service on the applicants, in the form of
                                              filing of the proposed rule change, the                 Persons submitting comments are                        an affidavit, or, for lawyers, a certificate
                                              Commission summarily may                                cautioned that we do not redact or edit                of service. Pursuant to rule 0–5 under
                                              temporarily suspend such rule change if                 personal identifying information from                  the Act, hearing requests should state
                                              it appears to the Commission that such                  comment submissions. You should                        the nature of the writer’s interest, any
                                              action is: (i) Necessary or appropriate in              submit only information that you wish                  facts bearing upon the desirability of a
                                              the public interest; (ii) for the protection            to make available publicly. All                        hearing on the matter, the reason for the
                                              of investors; or (iii) otherwise in                     submissions should refer to File                       request, and the issues contested.
                                              furtherance of the purposes of the Act.                 Number SR–ISE–2018–47 and should be                    Persons who wish to be notified of a
                                              If the Commission takes such action, the                submitted on or before June 21, 2018.                  hearing may request notification by
                                              Commission shall institute proceedings                    For the Commission, by the Division of               writing to the Commission’s Secretary.
                                              to determine whether the proposed rule                  Trading and Markets, pursuant to delegated             ADDRESSES: Secretary, U.S. Securities
                                              should be approved or disapproved.                      authority.20                                           and Exchange Commission, 100 F Street
                                              IV. Solicitation of Comments                            Eduardo A. Aleman,                                     NE, Washington, DC 20549–1090;
                                                                                                      Assistant Secretary.                                   Applicants: 60 State Street, Boston, MA
                                                Interested persons are invited to                                                                            02109–1820.
                                                                                                      [FR Doc. 2018–11613 Filed 5–30–18; 8:45 am]
                                              submit written data, views, and
                                                                                                      BILLING CODE 8011–01–P                                 FOR FURTHER INFORMATION CONTACT:
                                              arguments concerning the foregoing,
                                                                                                                                                             Jennifer O. Palmer, Senior Counsel, at
                                              including whether the proposed rule
                                                                                                                                                             (202) 551–5786, or Nadya Roytblat,
                                              change is consistent with the Act.                      SECURITIES AND EXCHANGE                                Assistant Chief Counsel, at (202) 551–
                                              Comments may be submitted by any of                     COMMISSION                                             6825 (Division of Investment
                                              the following methods:
                                                                                                      [Investment Company Act Release No.                    Management, Chief Counsel’s Office).
                                              Electronic Comments                                     33108; File No. 812–14662]                             SUPPLEMENTARY INFORMATION: The
                                                • Use the Commission’s internet                                                                              following is a summary of the
                                              comment form (http://www.sec.gov/                       Pioneer ILS Interval Fund and Amundi                   application. The complete application
                                              rules/sro.shtml); or                                    Pioneer Asset Management, Inc.;                        may be obtained via the Commission’s
                                                • Send an email to rule-comments@                     Notice of Application                                  website by searching for the file
                                              sec.gov. Please include File Number SR–                                                                        number, or for an applicant using the
                                                                                                      May 24, 2018
                                              ISE–2018–47 on the subject line.                                                                               Company name box, at http://
                                                                                                      AGENCY:  Securities and Exchange
                                                                                                                                                             www.sec.gov/search/search.htm or by
                                              Paper Comments                                          Commission (‘‘Commission’’).
                                                                                                                                                             calling (202) 551–8090.
                                                 • Send paper comments in triplicate                  ACTION: Notice of an application under
                                              to Secretary, Securities and Exchange                   section 6(c) of the Investment Company                 Applicants’ Representations
                                              Commission, 100 F Street NE,                            Act of 1940 (the ‘‘Act’’) for an                          1. The Fund is a Delaware statutory
                                              Washington, DC 20549–1090.                              exemption from sections 18(a)(2), 18(c)                trust that is registered under the Act as
                                              All submissions should refer to File                    and 18(i) of the Act, under sections 6(c)              a non-diversified, closed-end
                                              Number SR–ISE–2018–47. This file                        and 23(c) of the Act for an exemption                  management investment company. The
                                              number should be included on the                        from rule 23c–3 under the Act, and for                 Fund’s investment objective is total
                                              subject line if email is used. To help the              an order pursuant to section 17(d) of the              return. The Fund normally invests at
                                              Commission process and review your                      Act and rule 17d–1 under the Act.                      least 80% of its net assets (plus the
                                              comments more efficiently, please use                                                                          amount of borrowings, if any, for
                                                                                                      SUMMARY OF APPLICATION:    Applicants                  investment purposes) in insurance-
                                              only one method. The Commission will                    request an order to permit certain
                                              post all comments on the Commission’s                                                                          linked securities (‘‘ILS’’). Derivative
                                                                                                      registered closed-end management                       instruments that provide exposure to
                                              internet website (http://www.sec.gov/                   investment companies to issue multiple
                                              rules/sro.shtml). Copies of the                                                                                ILS or have similar economic
                                                                                                      classes of shares and to impose asset-                 characteristics may be used to satisfy
                                              submission, all subsequent                              based distribution and/or service fees
                                              amendments, all written statements                                                                             the Fund’s 80% policy.
                                                                                                      and early withdrawal charges (‘‘EWCs’’).                  2. The Adviser is a Delaware
                                              with respect to the proposed rule
                                                                                                      APPLICANTS: Pioneer ILS Interval Fund                  corporation and is registered as an
                                              change that are filed with the
                                              Commission, and all written                             (the ‘‘Fund’’) and Amundi Pioneer Asset                investment adviser under the
                                              communications relating to the                          Management, Inc. (the ‘‘Adviser’’).                    Investment Advisers Act of 1940. The
                                              proposed rule change between the                        FILING DATES: The application was filed                Adviser is an indirect, wholly-owned
                                              Commission and any person, other than                   on June 10, 2016 and amended on                        subsidiary of Amundi and Amundi’s
                                              those that may be withheld from the                     December 14, 2016, September 28, 2017,                 wholly-owned subsidiary, Amundi
                                              public in accordance with the                           and May 15, 2018.                                      USA, Inc. Amundi, an asset manager
                                              provisions of 5 U.S.C. 552, will be                     HEARING OR NOTIFICATION OF HEARING: An                 headquartered in Paris, France, acquired
                                              available for website viewing and                       order granting the requested relief will               the Adviser on July 3, 2017. The
                                              printing in the Commission’s Public                     be issued unless the Commission orders                 Adviser serves as investment adviser to
                                              Reference Room, 100 F Street NE,                        a hearing. Interested persons may                      the Fund.
                                              Washington, DC 20549, on official                       request a hearing by writing to the                       3. The applicants seek an order to
                                              business days between the hours of                      Commission’s Secretary and serving                     permit the Fund to issue multiple
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                                              10:00 a.m. and 3:00 p.m. Copies of the                  applicants with a copy of the request,                 classes of shares, each having its own
                                              filing also will be available for                       personally or by mail. Hearing requests                fee and expense structure, and to
                                              inspection and copying at the principal                 should be received by the Commission                   impose asset-based distribution and/or
                                              office of the Exchange. All comments                    by 5:30 p.m. on June 18, 2018, and                     service fees and EWCs.
                                                                                                      should be accompanied by proof of                         4. Applicants request that the order
                                              efficiency, competition, and capital formation. See                                                            also apply to any continuously-offered
                                              15 U.S.C. 78c(f).                                         20 17   CFR 200.30–3(a)(12).                         registered closed-end management


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Document Created: 2018-05-31 00:48:26
Document Modified: 2018-05-31 00:48:26
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 25068 

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