83_FR_39291 83 FR 39138 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To List and Trade Shares of the GraniteShares Gold MiniBAR Trust

83 FR 39138 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To List and Trade Shares of the GraniteShares Gold MiniBAR Trust

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 153 (August 8, 2018)

Page Range39138-39143
FR Document2018-16890

Federal Register, Volume 83 Issue 153 (Wednesday, August 8, 2018)
[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Notices]
[Pages 39138-39143]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16890]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83765; File No. SR-NYSEArca-2018-55]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
of Proposed Rule Change To List and Trade Shares of the GraniteShares 
Gold MiniBAR Trust

August 2, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on July 19, 2018, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to list and trade shares of GraniteShares 
Gold MiniBAR Trust under NYSE Arca Rule 8.201-E (``Commodity-Based 
Trust Shares''). The proposed change is available on the Exchange's 
website at www.nyse.com, at the principal office of the Exchange, and 
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to list and trade shares (``Shares'') of the 
GraniteShares Gold MiniBAR Trust under NYSE Arca Rule 8.201-E.\4\ Under 
NYSE Arca Rule 8.201-E, the Exchange may propose to list and/or trade 
pursuant to unlisted trading privileges (``UTP'') ``Commodity-Based 
Trust Shares.'' \5\
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    \4\ The Trust has filed a registration statement on Form S-1 
under the Securities Act of 1933 (15 U.S.C. 77a), dated July 2, 2018 
(File No. 333-226034) (the ``Registration Statement''). The 
description of the operation of the Trust and the Shares herein is 
based, in part, on the Registration Statement.
    \5\ Commodity-Based Trust Shares are securities issued by a 
trust that represents investors' discrete identifiable and undivided 
beneficial ownership interest in the commodities deposited into the 
Trust.
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    The Trust will not be registered as an investment company under the

[[Page 39139]]

Investment Company Act of 1940, as amended.\6\ The Trust is not a 
commodity pool for purposes of the Commodity Exchange Act, as 
amended.\7\
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    \6\ 15 U.S.C. 80a-1.
    \7\ 17 U.S.C. 1.
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    The sponsor of the Trust is GraniteShares LLC (``Sponsor''). The 
``Trustee'' is The Bank of New York Mellon and the ``Custodian'' is 
ICBC Standard Bank Plc.
    The Commission has previously approved listing on the Exchange 
under NYSE Arca Rules 5.2-E(j)(5) and 8.201-E of other precious metals 
and gold-based commodity trusts, including the GraniteShares Gold 
Trust; \8\ Merk Gold Trust; \9\ ETFS Gold Trust,\10\ ETFS Platinum 
Trust \11\ and ETFS Palladium Trust (collectively, the ``ETFS 
Trusts''); \12\ APMEX Physical-1 oz. Gold Redeemable Trust; \13\ Sprott 
Gold Trust; \14\ SPDR Gold Trust (formerly, streetTRACKS Gold Trust); 
iShares Silver Trust; \15\ iShares COMEX Gold Trust; \16\ Long Dollar 
Gold Trust; \17\ Euro Gold Trust, Pound Gold Trust and Yen Gold Trust; 
\18\ and the Gold Trust.\19\ Prior to their listing on the Exchange, 
the Commission approved listing of the streetTRACKS Gold Trust on the 
New York Stock Exchange (``NYSE'') \20\ and listing of iShares COMEX 
Gold Trust and iShares Silver Trust on the American Stock Exchange 
LLC.\21\ In addition, the Commission has approved trading of the 
streetTRACKS Gold Trust and iShares Silver Trust on the Exchange 
pursuant to UTP.\22\
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    \8\ Securities Exchange Act Release No. 81077 (July 5, 2017) 
(SR-NYSEArca-2017-55) (order approving listing and trading shares of 
the GraniteShares Gold Trust under NYSE Arca Equities Rule 8.201).
    \9\ Securities Exchange Act Release No. 71378 (January 23, 
2014), 79 FR 4786 (January 29, 2014) (SR-NYSEArca-2013-137).
    \10\ Securities Exchange Act Release No. 59895 (May 8, 2009), 74 
FR 22993 (May 15, 2009) (SR-NYSEArca-2009-40).
    \11\ Securities Exchange Act Release No. 61219 (December 22, 
2009), 74 FR 68886 (December 29, 2009) (SR-NYSEArca-2009-95).
    \12\ Securities Exchange Act Release No. 61220 (December 22, 
2009), 74 FR 68895 (December 29, 2009) (SR-NYSEArca-2009-94).
    \13\ Securities Exchange Act Release No 66930 (May 7, 2012), 77 
FR 27817 (May 11, 2012) (SR-NYSEArca-2012-18)
    \14\ Securities Exchange Act Release No. 61496 (February 4, 
2010), 75 FR 6758 (February 10, 2010) (SR-NYSEArca-2009-113).
    \15\ See Securities Exchange Act Release No. 58956 (November 14, 
2008), 73 FR 71074 (November 24, 2008) (SR-NYSEArca-2008-124) 
(approving listing on the Exchange of the iShares Silver Trust)).
    \16\ See Securities Exchange Act Release No.56224 (August 8, 
2007), 72 FR 45850 (August 15, 2007) (SR-NYSEArca-2007-76) 
(approving listing on the Exchange of the street TRACKS Gold Trust); 
Securities Exchange Act Release No. 56041 (July 11, 2007), 72 FR 
39114 (July 17, 2007) (SR-NYSEArca-2007-43) (order approving listing 
on the Exchange of iShares COMEX Gold Trust).
    \17\ See Securities Exchange Act Release No. 79518 (December 9, 
2016), 81 FR 90876 (December 15, 2016) (SR-NYSEArca-2016-84) (order 
approving listing and trading of shares of the Long Dollar Gold 
Trust).
    \18\ See Securities Exchange Act Release No. 80840 (June 17, 
2017) (SR-NYSEArca-2017-33) (order approving listing and trading of 
shares of the Euro Gold Trust, Pound Gold Trust, and the Yen Gold 
Trust under NYSE Arca Equities Rule 8.201).
    \19\ See Securities Exchange Act Release No.81918 (October 23, 
2017), 82 FR 49884 (October 27, 2017) (SR-NYSEArca-2017-98) (Order 
Approving a Proposed Rule Change, as Modified by Amendment No. 1 
Thereto, to List and Trade Shares of The Gold Trust under NYSE Arca 
Rule 8.201-E).
    \20\ See Securities Exchange Act Release No. 50603 (October 28, 
2004), 69 FR 64614 (November 5, 2004) (SR-NYSE-2004-22) (order 
approving listing of street TRACKS Gold Trust on NYSE).
    \21\ See Securities Exchange Act Release Nos. 51058 (January 19, 
2005), 70 FR 3749 (January 26, 2005) (SR-Amex-2004-38) (order 
approving listing of iShares COMEX Gold Trust on the American Stock 
Exchange LLC); 53521 (March 20, 2006), 71 FR 14967 (March 24, 2006) 
(SR-Amex-2005-72) (approving listing on the American Stock Exchange 
LLC of the iShares Silver Trust).
    \22\ See Securities Exchange Act Release Nos. 53520 (March 20, 
2006), 71 FR 14977 (March 24, 2006) (SR-PCX-2005-117) (approving 
trading on the Exchange pursuant to UTP of the iShares Silver 
Trust); 51245 (February 23, 2005), 70 FR 10731 (March 4, 2005) (SR-
PCX-2004-117) (approving trading on the Exchange of the streetTRACKS 
Gold Trust pursuant to UTP).
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    The Exchange represents that the Shares satisfy the requirements of 
NYSE Arca Rule 8.201-E and thereby qualify for listing on the 
Exchange.\23\
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    \23\ With respect to the application of Rule 10A-3 (17 CFR 
240.10A-3) under the Act, the Trust relies on the exemption 
contained in Rule 10A-3(c)(7).
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Operation of the Trust \24\
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    \24\ The description of the operation of the Trust, the Shares 
and the gold market contained herein is based, in part, on the 
Registration Statement. See note 4, supra.
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    The investment objective of the Trust will be for the Shares to 
reflect the performance of the price of gold, less the expenses and 
liabilities of the Trust. The Trust will issue Shares which represent 
units of fractional undivided beneficial interest in and ownership of 
the Trust.
    The Trust will not trade in gold futures, options or swap contracts 
on any futures exchange or over the counter (``OTC''). The Trust will 
not hold or trade in commodity futures contracts, ``commodity 
interests'', or any other instruments regulated by the Commodities 
Exchange Act. The Trust will take delivery of physical gold that 
complies with the London Bullion Markets Association (``LBMA'') gold 
delivery rules.
    The Shares are intended to constitute a simple and cost-effective 
means of making an investment similar to an investment in gold. 
Although the Shares are not the exact equivalent of an investment in 
gold, they are intended to provide investors with an alternative that 
allows a level of participation in the gold market through the 
securities market.
Operation of the Gold Market
    The global trade in gold consists of OTC transactions in spot, 
forwards, and options and other derivatives, together with exchange-
traded futures and options.
    The OTC gold market includes spot, forward, and option and other 
derivative transactions conducted on a principal-to-principal basis. 
While this is a global, nearly 24-hour per day market, its main centers 
are London, New York, and Zurich.
    According to the Registration Statement, most OTC market trades are 
cleared through London. The LBMA plays an important role in setting OTC 
gold trading industry standards. A London Good Delivery Bar (as 
described below), which is acceptable for settlement of any OTC 
transaction, will be acceptable for delivery to the Trust in connection 
with the issuance of Baskets.
    The most significant gold futures exchange in the U.S. is COMEX, 
operated by Commodities Exchange, Inc., a subsidiary of New York 
Mercantile Exchange, Inc., and a subsidiary of the Chicago Mercantile 
Exchange Group (the ``CME Group''). Other commodity exchanges include 
the Tokyo Commodity Exchange (``TOCOM''), the Multi Commodity Exchange 
Of India (``MCX''), the Shanghai Futures Exchange, ICE Futures US (the 
``ICE''), and the Dubai Gold & Commodities Exchange.
The London Gold Bullion Market
    According to the Registration Statement, most trading in physical 
gold is conducted on the OTC market, predominantly in London. LBMA 
coordinates various OTC-market activities, including clearing and 
vaulting, acts as the principal intermediary between physical gold 
market participants and the relevant regulators, promotes good trading 
practices and develops standard market documentation. In addition, the 
LBMA promotes refining standards for the gold market by maintaining the 
``London Good Delivery List,'' which identifies refiners of gold that 
have been approved by the LBMA. In the OTC market, gold bars that meet 
the specifications for weight, dimensions, fineness (or purity), 
identifying marks (including the assay stamp of an LBMA-acceptable 
refiner) and appearance described in ``The Good Delivery Rules for Gold 
and Silver Bars'' published by the LBMA are referred to

[[Page 39140]]

as ``London Good Delivery Bars.'' A London Good Delivery Bar (typically 
called a ``400 ounce bar'') must contain between 350 and 430 fine troy 
ounces of gold (1 troy ounce = 31.1034768 grams), with a minimum 
fineness (or purity) of 995 parts per 1000 (99.5%), be of good 
appearance and be easy to handle and stack. The fine gold content of a 
gold bar is calculated by multiplying the gross weight of the bar 
(expressed in units of 0.025 troy ounces) by the fineness of the bar. A 
London Good Delivery Bar must also bear the stamp of one of the 
refiners identified on the London Good Delivery List.
    Following the enactment of the Financial Markets Act 2012, the 
Prudential Regulation Authority of the Bank of England is responsible 
for regulating most of the financial firms that are active in the 
bullion market, and the Financial Conduct Authority is responsible for 
consumer and competition issues.
Creation and Redemption of Shares
    According to the Registration Statement, the Trust will create and 
redeem Shares on a continuous basis in one or more blocks of 50,000 
Shares (a block of 50,000 Shares is called a ``Basket''). As described 
below, the Trust will issue Shares in Baskets to certain authorized 
participants (``Authorized Participants'') on an ongoing basis. Baskets 
of Shares will only be issued or redeemed in exchange for an amount of 
gold determined by the Trustee on each day that the Exchange is open 
for regular trading. No Shares will be issued unless the Custodian has 
allocated to the Trust's account the corresponding amount of gold. 
Initially, a Basket will require delivery of 500 fine ounces of gold. 
The amount of gold necessary for the creation of a Basket, or to be 
received upon redemption of a Basket, will decrease over the life of 
the Trust, due to the payment or accrual of fees and other expenses or 
liabilities payable by the Trust.
    Baskets may be created or redeemed only by Authorized Participants. 
Orders must be placed by 3:59 p.m. Eastern Time (``E.T.''). The day on 
which the Trust receives a valid purchase or redemption order is the 
order date.
    Each Authorized Participant must be a registered broker-dealer, a 
participant in Depository Trust Corporation, have entered into an 
agreement with the Trustee (the ``Authorized Participant Agreement'') 
and be in a position to transfer gold to, and take delivery of gold 
from, the Custodian through one or more gold accounts. The Authorized 
Participant Agreement provides the procedures for the creation and 
redemption of Baskets and for the delivery of gold in connection with 
such creations or redemptions.
    According to the Registration Statement, Authorized Participants 
may surrender Baskets of Shares in exchange for the corresponding 
Basket Amount announced by the Trustee. Upon surrender of such Shares 
and payment of the Trustee's applicable fee and of any expenses, taxes 
or charges (such as stamp taxes or stock transfer taxes or fees), the 
Trustee will deliver to the order of the redeeming Authorized 
Participant the amount of gold corresponding to the redeemed Baskets.
    Before surrendering Baskets of Shares for redemption, an Authorized 
Participant must deliver to the Trustee a written request indicating 
the number of Baskets it intends to redeem and the location where it 
would like to take delivery of the gold represented by such Baskets. 
The date the Trustee receives that order determines the Basket Amount 
to be received in exchange. However, orders received by the Trustee 
after 3:59 p.m. Eastern Time (``E.T.'') will not be accepted.
    The redemption distribution from the Trust will consist of a credit 
to the redeeming Authorized Participant's unallocated account 
representing the amount of the gold held by the Trust evidenced by the 
Shares being redeemed as of the date of the redemption order.
Net Asset Value
    According to the Registration Statement, the net asset value of the 
Trust will be obtained by subtracting the Trust's expenses and 
liabilities on any day from the value of the gold owned by the Trust on 
that day; the net asset value (``NAV'') per Share will be obtained by 
dividing the net asset value of the Trust on a given day by the number 
of Shares outstanding on that day. On each day on which the Exchange is 
open for regular trading, the Trustee will determine the net asset 
value of the Trust and the NAV per Share as promptly as practicable 
after 4:00 p.m. (E.T.). The Trustee will value the Trust's gold on the 
basis of LBMA Gold Price PM. If there is no LBMA Gold Price PM on any 
day, the Trustee is authorized to use the LBMA Gold Price AM announced 
on that day. If neither price is available for that day, the Trustee 
will value the Trust's gold based on the most recently announced LBMA 
Gold Price PM or LBMA Gold Price AM. If the Sponsor determines that 
such price is inappropriate to use, the Sponsor will identify an 
alternate basis for evaluation to be employed by the Trustee. Further, 
the Sponsor may instruct the Trustee to use on an on-going basis a 
different publicly available price which the Sponsor determines to 
fairly represent the commercial value of the Trust's gold.
Availability of Information Regarding Gold
    Currently, the Consolidated Tape Plan does not provide for 
dissemination of the spot price of a commodity such as gold over the 
Consolidated Tape. However, there will be disseminated over the 
Consolidated Tape the last sale price for the Shares. In addition, 
there is a considerable amount of information about gold and gold 
markets available on public websites and through professional and 
subscription services.
    Investors may obtain gold pricing information on a 24-hour basis 
based on the spot price for an ounce of Gold from various financial 
information service providers, such as Reuters and Bloomberg.
    Reuters and Bloomberg, for example, provide at no charge on their 
websites delayed information regarding the spot price of Gold and last 
sale prices of Gold futures, as well as information about news and 
developments in the gold market. Reuters and Bloomberg also offer a 
professional service to subscribers for a fee that provides information 
on Gold prices directly from market participants. Complete real-time 
data for Gold futures and options prices traded on the COMEX are 
available by subscription from Reuters and Bloomberg. There are a 
variety of other public websites providing information on gold, ranging 
from those specializing in precious metals to sites maintained by major 
newspapers. In addition, the LBMA Gold Price is publicly available at 
no charge at www.lbma.org.uk.
Availability of Information
    The intraday indicative value (``IIV'') per Share for the Shares 
will be disseminated by one or more major market data vendors. The IIV 
will be calculated based on the amount of gold held by the Trust and a 
price of gold derived from updated bids and offers indicative of the 
spot price of gold.\25\
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    \25\ The IIV on a per Share basis disseminated during the Core 
Trading Session should not be viewed as a real-time update of the 
NAV, which is calculated once a day.
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    The website for the Trust (www.graniteshares.com) will contain the 
following information, on a per Share basis, for the Trust: (a) The 
mid-point of the bid-ask price \26\ at the close

[[Page 39141]]

of trading (``Bid/Ask Price''), and a calculation of the premium or 
discount of such price against such NAV; and (b) data in chart format 
displaying the frequency distribution of discounts and premiums of the 
Bid/Ask Price against the NAV, within appropriate ranges, for each of 
the four previous calendar quarters. The website for the Trust will 
also provide the Trust's prospectus. Finally, the Trust's website will 
provide the last sale price of the Shares as traded in the U.S. market. 
In addition, information regarding market price and trading volume of 
the Shares will be continually available on a real-time basis 
throughout the day on brokers' computer screens and other electronic 
services. Information regarding the previous day's closing price and 
trading volume information for the Shares will be published daily in 
the financial section of newspapers.
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    \26\ The bid-ask price of the Shares will be determined using 
the highest bid and lowest offer on the Consolidated Tape as of the 
time of calculation of the closing day NAV.
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Criteria for Initial and Continued Listing
    The Trust will be subject to the criteria in NYSE Arca Rule 8.201-
E(e) for initial and continued listing of the Shares.
    A minimum of two Baskets or 100,000 Shares will be required to be 
outstanding at the start of trading, which is equivalent to 1,000 fine 
ounces of gold or about $1.24 million as of July 18, 2018. The Exchange 
believes that the anticipated minimum number of Shares outstanding at 
the start of trading is sufficient to provide adequate market 
liquidity.
Trading Rules
    The Exchange deems the Shares to be equity securities, thus 
rendering trading in the Trust subject to the Exchange's existing rules 
governing the trading of equity securities. Trading in the Shares on 
the Exchange will occur in accordance with NYSE Arca Rule 7.34-E(a). 
The Exchange has appropriate rules to facilitate transactions in the 
Shares during all trading sessions. As provided in NYSE Arca Rule 7.6-
E, the minimum price variation (``MPV'') for quoting and entry of 
orders in equity securities traded on the NYSE Arca Marketplace is 
$0.01, with the exception of securities that are priced less than $1.00 
for which the MPV for order entry is $0.0001.
    Further, NYSE Arca Rule 8.201-E sets forth certain restrictions on 
ETP Holders acting as registered Market Makers in the Shares to 
facilitate surveillance. Under NYSE Arca Rule 8.201-E(g), an ETP Holder 
acting as a registered Market Maker in the Shares is required to 
provide the Exchange with information relating to its trading in the 
underlying gold, related futures or options on futures, or any other 
related derivatives. Commentary .04 of NYSE Arca Rule 11.3-E requires 
an ETP Holder acting as a registered Market Maker, and its affiliates, 
in the Shares to establish, maintain and enforce written policies and 
procedures reasonably designed to prevent the misuse of any material 
nonpublic information with respect to such products, any components of 
the related products, any physical asset or commodity underlying the 
product, applicable currencies, underlying indexes, related futures or 
options on futures, and any related derivative instruments (including 
the Shares).
    As a general matter, the Exchange has regulatory jurisdiction over 
its ETP Holders and their associated persons, which include any person 
or entity controlling an ETP Holder. A subsidiary or affiliate of an 
ETP Holder that does business only in commodities or futures contracts 
would not be subject to Exchange jurisdiction, but the Exchange could 
obtain information regarding the activities of such subsidiary or 
affiliate through surveillance sharing agreements with regulatory 
organizations of which such subsidiary or affiliate is a member.
    With respect to trading halts, the Exchange may consider all 
relevant factors in exercising its discretion to halt or suspend 
trading in the Shares. Trading on the Exchange in the Shares may be 
halted because of market conditions or for reasons that, in the view of 
the Exchange, make trading in the Shares inadvisable. These may 
include: (1) The extent to which conditions in the underlying gold 
market have caused disruptions and/or lack of trading, or (2) whether 
other unusual conditions or circumstances detrimental to the 
maintenance of a fair and orderly market are present. In addition, 
trading in Shares will be subject to trading halts caused by 
extraordinary market volatility pursuant to the Exchange's ``circuit 
breaker'' rule.\27\ The Exchange will halt trading in the Shares if the 
NAV of the Trust is not calculated or disseminated daily. The Exchange 
may halt trading during the day in which an interruption occurs to the 
dissemination of the IIV, as described above. If the interruption to 
the dissemination of the IIV persists past the trading day in which it 
occurs, the Exchange will halt trading no later than the beginning of 
the trading day following the interruption.
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    \27\ See NYSE Arca Rule 7.12-E.
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Surveillance
    The Exchange represents that trading in the Shares will be subject 
to the existing trading surveillances administered by the Exchange, as 
well as cross-market surveillances administered by the Financial 
Industry Regulatory Authority (``FINRA'') on behalf of the Exchange, 
which are designed to detect violations of Exchange rules and 
applicable federal securities laws.\28\ The Exchange represents that 
these procedures are adequate to properly monitor Exchange trading of 
the Shares in all trading sessions and to deter and detect violations 
of Exchange rules and federal securities laws applicable to trading on 
the Exchange.
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    \28\ FINRA conducts cross-market surveillances on behalf of the 
Exchange pursuant to a regulatory services agreement. The Exchange 
is responsible for FINRA's performance under this regulatory 
services agreement.
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    The surveillances referred to above generally focus on detecting 
securities trading outside their normal patterns, which could be 
indicative of manipulative or other violative activity. When such 
situations are detected, surveillance analysis follows and 
investigations are opened, where appropriate, to review the behavior of 
all relevant parties for all relevant trading violations.
    The Exchange or FINRA, on behalf of the Exchange, or both, will 
communicate as needed regarding trading in the Shares with other 
markets and other entities that are members of the Intermarket 
Surveillance Group (``ISG''), and the Exchange or FINRA, on behalf of 
the Exchange, or both, may obtain trading information regarding trading 
in the Shares from such markets and other entities. In addition, the 
Exchange may obtain information regarding trading in the Shares from 
markets and other entities that are members of ISG or with which the 
Exchange has in place a comprehensive surveillance sharing 
agreement.\29\
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    \29\ For a list of the current members of ISG, see 
www.isgportal.org.
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    Also, pursuant to NYSE Arca Rule 8.201-E(g), the Exchange is able 
to obtain information regarding trading in the Shares and the 
underlying gold, gold futures contracts, options on gold futures, or 
any other gold derivative, through ETP Holders acting as registered 
Market Makers, in connection with such ETP Holders' proprietary or 
customer trades through ETP Holders which they effect on any relevant 
market.
    In addition, the Exchange also has a general policy prohibiting the

[[Page 39142]]

distribution of material, non-public information by its employees.
    All statements and representations made in this filing regarding 
(a) the description of the portfolio, (b) limitations on portfolio 
holdings or reference assets, or (c) the applicability of Exchange 
listing rules specified in this rule filing shall constitute continued 
listing requirements for listing the Shares of the Trust on the 
Exchange.
    The issuer has represented to the Exchange that it will advise the 
Exchange of any failure by the Trust to comply with the continued 
listing requirements, and, pursuant to its obligations under Section 
19(g)(1) of the Act, the Exchange will monitor for compliance with the 
continued listing requirements. If the Trust is not in compliance with 
the applicable listing requirements, the Exchange will commence 
delisting procedures under NYSE Arca Rule 5.5-E(m).
Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its 
ETP Holders in an Information Bulletin of the special characteristics 
and risks associated with trading the Shares. Specifically, the 
Information Bulletin will discuss the following: (1) The procedures for 
purchases and redemptions of Shares in Baskets (including noting that 
Shares are not individually redeemable); (2) NYSE Arca Rule 9.2-E(a), 
which imposes a duty of due diligence on its ETP Holders to learn the 
essential facts relating to every customer prior to trading the Shares; 
(3) how information regarding the IIV is disseminated; (4) the 
requirement that ETP Holders deliver a prospectus to investors 
purchasing newly issued Shares prior to or concurrently with the 
confirmation of a transaction; (5) the possibility that trading spreads 
and the resulting premium or discount on the Shares may widen as a 
result of reduced liquidity of gold trading during the Core and Late 
Trading Sessions after the close of the major world gold markets; and 
(6) trading information. For example, the Information Bulletin will 
advise ETP Holders, prior to the commencement of trading, of the 
prospectus delivery requirements applicable to the Trust. The Exchange 
notes that investors purchasing Shares directly from the Trust will 
receive a prospectus. ETP Holders purchasing Shares from the Trust for 
resale to investors will deliver a prospectus to such investors.
    In addition, the Information Bulletin will reference that the Trust 
is subject to various fees and expenses as will be described in the 
Registration Statement. The Information Bulletin will also reference 
the fact that there is no regulated source of last sale information 
regarding physical gold, that the Commission has no jurisdiction over 
the trading of gold as a physical commodity, and that the Commodity 
Futures Trading Commission has regulatory jurisdiction over the trading 
of gold futures contracts and options on gold futures contracts.
    The Information Bulletin will also discuss any relief, if granted, 
by the Commission or the staff from any rules under the Act.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the 
requirement under Section 6(b)(5) \30\ that an exchange have rules that 
are 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.
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    \30\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change is designed to 
prevent fraudulent and manipulative acts and practices in that the 
Shares will be listed and traded on the Exchange pursuant to the 
initial and continued listing criteria in NYSE Arca Rule 8.201-E. The 
Exchange has in place surveillance procedures that are adequate to 
properly monitor trading in the Shares in all trading sessions and to 
deter and detect violations of Exchange rules and applicable federal 
securities laws. The Exchange may obtain information via the ISG from 
other exchanges that are members of ISG or with which the Exchange has 
entered into a comprehensive surveillance sharing agreement.
    The proposed rule change is designed to promote just and equitable 
principles of trade and to protect investors and the public interest in 
that there is a considerable amount of gold price and gold market 
information available on public websites and through professional and 
subscription services. Investors may obtain on a 24-hour basis gold 
pricing information based on the spot price for an ounce of gold from 
various financial information service providers. Investors may obtain 
gold pricing information based on the spot price for an ounce of gold 
from various financial information service providers. Current spot 
prices also are generally available with bid/ask spreads from gold 
bullion dealers. In addition, the Trust's website will provide pricing 
information for gold spot prices and the Shares. Market prices for the 
Shares will be available from a variety of sources including brokerage 
firms, information websites and other information service providers. 
The NAV of the Trust will be published by the Sponsor on each day that 
the NYSE Arca is open for regular trading and will be posted on the 
Trust's website. The IIV relating to the Shares will be widely 
disseminated by one or more major market data vendors at least every 15 
seconds during the Core Trading Session. In addition, the LBMA Gold 
Price is publicly available at no charge at www.lbma.org.uk. The 
Trust's website will also provide the Trust's prospectus, as well as 
the two most recent reports to stockholders. In addition, information 
regarding market price and trading volume of the Shares will be 
continually available on a real-time basis throughout the day on 
brokers' computer screens and other electronic services. Information 
regarding the previous day's closing price and trading volume 
information for the Shares will be published daily in the financial 
section of newspapers.
    The proposed rule change is designed to perfect the mechanism of a 
free and open market and, in general, to protect investors and the 
public interest in that it will facilitate the listing and trading of 
an additional type of exchange-traded product that will enhance 
competition among market participants, to the benefit of investors and 
the marketplace. As noted above, the Exchange has in place surveillance 
procedures relating to trading in the Shares and may obtain information 
via ISG from other exchanges that are members of ISG or with which the 
Exchange has entered into a comprehensive surveillance sharing 
agreement. In addition, as noted above, investors will have ready 
access to information regarding gold pricing.

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 the 
proposed rule change will enhance competition by accommodating Exchange 
trading of an additional exchange-traded product relating to physical 
gold.

[[Page 39143]]

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

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

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be 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-NYSEArca-2018-55 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-NYSEArca-2018-55. 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-NYSEArca-2018-55, and should be 
submitted on or before August 29, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\31\
---------------------------------------------------------------------------

    \31\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-16890 Filed 8-7-18; 8:45 am]
BILLING CODE 8011-01-P



                                                39138                         Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices

                                                             Agency name                                 Organization name                                            Title                            Request No.    Date vacated

                                                Office of the Secretary of Defense             Office of the Assistant Secretary of             Special Assistant to the Assistant                     DD170153          03/03/2018
                                                                                                 Defense (Legislative Affairs).                   Secretary of Defense (Legislative
                                                                                                                                                  Affairs) for Installations, Environ-
                                                                                                                                                  ment, and Energy.
                                                Department of Education ................       Office of Communications and Out-                Communications Director ...............                DB170122          03/03/2018
                                                                                                 reach.
                                                Department of Energy .....................     Office of the Assistant Secretary                Senior Advisor ................................        DE170090          03/02/2018
                                                                                                 for Electricity Delivery and En-
                                                                                                 ergy Reliability.
                                                                                               Office of Public Affairs ....................    Press Assistant ...............................        DE170125          03/03/2018
                                                Department of Health and Human                 Office of the Assistant Secretary of             Liaison to the Veterans Administra-                    DH170137          03/16/2018
                                                  Services.                                      Health.                                          tion.
                                                                                                                                                Special Advisor ...............................        DH170277          03/17/2018
                                                                                               Office of Indian Health Service ......           Senior Advisor to the Director, In-                    DH170299          03/17/2018
                                                                                                                                                  dian Health Service.
                                                                                               Office of the General Counsel .......            Advisor and Legal Counsel ............                 DH170334          03/17/2018
                                                                                               Office of the Secretary ...................      Policy Advisor for Health Policy .....                 DH170262          03/17/2018
                                                                                                                                                Special Assistant ............................         DH170244          03/17/2018
                                                                                               Centers for Medicare and Medicaid                Director of Strategic Communica-                       DH180025          03/18/2018
                                                                                                 Services.                                        tions.
                                                                                               Office of the Assistant Secretary                Advisor ............................................   DH180007          03/30/2018
                                                                                                 for Legislation.
                                                Department of State ........................   Office of the Chief of Protocol ........         Senior Protocol Officer ...................            DS170177          03/03/2018
                                                Department of the Treasury ............        Department of the Treasury ...........           Speechwriter ...................................       DY170067          03/03/2018
                                                Environmental Protection Agency ...            Office of the Administrator .............        Senior Advisor to the Administrator                    EP180001          03/04/2018
                                                                                                                                                  for Agriculture Policy.
                                                                                               Office of the Associate Adminis-                 Special Assistant to the Office of                     EP170078          03/17/2018
                                                                                                 trator for Congressional and                     Congressional and Intergovern-
                                                                                                 Intergovernmental Relations.                     mental Relations.
                                                General Services Administration .....          Office of the Administrator .............        Senior Advisor for Administrative                      GS170025          03/30/2018
                                                                                                                                                  Services.
                                                National Aeronautics and Space                 Office of Communications ..............          Social Media Specialist ..................             NN180004          03/17/2018
                                                  Administration.
                                                Small Business Administration ........         Office of Congressional and Legis-               Legislative Assistant .......................          SB170011          03/17/2018
                                                                                                 lative Affairs.



                                                  Authority: 5 U.S.C. 3301 and 3302; E.O.                   (the ‘‘Commission’’) the proposed rule                              The Exchange has prepared summaries,
                                                10577, 3 CFR, 1954–1958 Comp., p. 218.                      change as described in Items I and II                               set forth in sections A, B, and C below,
                                                U.S. Office of Personnel Management.                        below, which Items have been prepared                               of the most significant parts of such
                                                Jeff T.H. Pon,                                              by the self-regulatory organization. The                            statements.
                                                Director.                                                   Commission is publishing this notice to
                                                                                                                                                                                A. Self-Regulatory Organization’s
                                                                                                            solicit comments on the proposed rule
                                                [FR Doc. 2018–16927 Filed 8–7–18; 8:45 am]
                                                                                                            change from interested persons.                                     Statement of the Purpose of, and the
                                                BILLING CODE 6325–39–P                                                                                                          Statutory Basis for, the Proposed Rule
                                                                                                            I. Self-Regulatory Organization’s                                   Change
                                                                                                            Statement of the Terms of Substance of
                                                                                                            the Proposed Rule Change                                            1. Purpose
                                                SECURITIES AND EXCHANGE
                                                COMMISSION                                                     The Exchange proposes to list and                                   The Exchange proposes to list and
                                                                                                            trade shares of GraniteShares Gold                                  trade shares (‘‘Shares’’) of the
                                                [Release No. 34–83765; File No. SR–                                                                                             GraniteShares Gold MiniBAR Trust
                                                NYSEArca–2018–55]
                                                                                                            MiniBAR Trust under NYSE Arca Rule
                                                                                                            8.201–E (‘‘Commodity-Based Trust                                    under NYSE Arca Rule 8.201–E.4 Under
                                                                                                            Shares’’). The proposed change is                                   NYSE Arca Rule 8.201–E, the Exchange
                                                Self-Regulatory Organizations; NYSE
                                                                                                            available on the Exchange’s website at                              may propose to list and/or trade
                                                Arca, Inc.; Notice of Filing of Proposed
                                                                                                            www.nyse.com, at the principal office of                            pursuant to unlisted trading privileges
                                                Rule Change To List and Trade Shares
                                                                                                            the Exchange, and at the Commission’s                               (‘‘UTP’’) ‘‘Commodity-Based Trust
                                                of the GraniteShares Gold MiniBAR
                                                                                                            Public Reference Room.                                              Shares.’’ 5
                                                Trust
                                                                                                                                                                                   The Trust will not be registered as an
                                                August 2, 2018.
                                                                                                            II. Self-Regulatory Organization’s                                  investment company under the
                                                                                                            Statement of the Purpose of, and
                                                   Pursuant to Section         19(b)(1) 1
                                                                                 of the
                                                                                                            Statutory Basis for, the Proposed Rule                                 4 The Trust has filed a registration statement on
                                                Securities Exchange Act of 1934 (the
                                                                                                            Change                                                              Form S–1 under the Securities Act of 1933 (15
                                                ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                                                                                          U.S.C. 77a), dated July 2, 2018 (File No. 333–
sradovich on DSK3GMQ082PROD with NOTICES




                                                notice is hereby given that, on July 19,                       In its filing with the Commission, the
                                                                                                                                                                                226034) (the ‘‘Registration Statement’’). The
                                                2018, NYSE Arca, Inc. (the ‘‘Exchange’’                     self-regulatory organization included                               description of the operation of the Trust and the
                                                or ‘‘NYSE Arca’’) filed with the                            statements concerning the purpose of,                               Shares herein is based, in part, on the Registration
                                                Securities and Exchange Commission                          and basis for, the proposed rule change                             Statement.
                                                                                                                                                                                   5 Commodity-Based Trust Shares are securities
                                                                                                            and discussed any comments it received
                                                                                                                                                                                issued by a trust that represents investors’ discrete
                                                  1 15 U.S.C. 78s(b)(1).                                    on the proposed rule change. The text                               identifiable and undivided beneficial ownership
                                                  2 15 U.S.C. 78a.                                          of those statements may be examined at                              interest in the commodities deposited into the
                                                  3 17 CFR 240.19b–4.                                       the places specified in Item IV below.                              Trust.



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                                                                            Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices                                             39139

                                                Investment Company Act of 1940, as                      Prior to their listing on the Exchange,                provide investors with an alternative
                                                amended.6 The Trust is not a                            the Commission approved listing of the                 that allows a level of participation in the
                                                commodity pool for purposes of the                      streetTRACKS Gold Trust on the New                     gold market through the securities
                                                Commodity Exchange Act, as amended.7                    York Stock Exchange (‘‘NYSE’’) 20 and                  market.
                                                   The sponsor of the Trust is                          listing of iShares COMEX Gold Trust
                                                GraniteShares LLC (‘‘Sponsor’’). The                                                                           Operation of the Gold Market
                                                                                                        and iShares Silver Trust on the
                                                ‘‘Trustee’’ is The Bank of New York                     American Stock Exchange LLC.21 In                         The global trade in gold consists of
                                                Mellon and the ‘‘Custodian’’ is ICBC                    addition, the Commission has approved                  OTC transactions in spot, forwards, and
                                                Standard Bank Plc.                                      trading of the streetTRACKS Gold Trust                 options and other derivatives, together
                                                   The Commission has previously                        and iShares Silver Trust on the                        with exchange-traded futures and
                                                approved listing on the Exchange under                  Exchange pursuant to UTP.22                            options.
                                                NYSE Arca Rules 5.2–E(j)(5) and 8.201–                     The Exchange represents that the                       The OTC gold market includes spot,
                                                E of other precious metals and gold-                    Shares satisfy the requirements of NYSE                forward, and option and other
                                                based commodity trusts, including the                   Arca Rule 8.201–E and thereby qualify                  derivative transactions conducted on a
                                                GraniteShares Gold Trust; 8 Merk Gold                   for listing on the Exchange.23                         principal-to-principal basis. While this
                                                Trust; 9 ETFS Gold Trust,10 ETFS                                                                               is a global, nearly 24-hour per day
                                                Platinum Trust 11 and ETFS Palladium                    Operation of the Trust 24                              market, its main centers are London,
                                                Trust (collectively, the ‘‘ETFS                            The investment objective of the Trust               New York, and Zurich.
                                                Trusts’’); 12 APMEX Physical-1 oz. Gold                 will be for the Shares to reflect the                     According to the Registration
                                                Redeemable Trust; 13 Sprott Gold                        performance of the price of gold, less                 Statement, most OTC market trades are
                                                Trust; 14 SPDR Gold Trust (formerly,                    the expenses and liabilities of the Trust.             cleared through London. The LBMA
                                                streetTRACKS Gold Trust); iShares                       The Trust will issue Shares which                      plays an important role in setting OTC
                                                Silver Trust; 15 iShares COMEX Gold                     represent units of fractional undivided                gold trading industry standards. A
                                                Trust; 16 Long Dollar Gold Trust; 17 Euro               beneficial interest in and ownership of                London Good Delivery Bar (as described
                                                Gold Trust, Pound Gold Trust and Yen                    the Trust.                                             below), which is acceptable for
                                                Gold Trust; 18 and the Gold Trust.19                       The Trust will not trade in gold                    settlement of any OTC transaction, will
                                                                                                        futures, options or swap contracts on                  be acceptable for delivery to the Trust
                                                  6 15  U.S.C. 80a–1.                                   any futures exchange or over the                       in connection with the issuance of
                                                  7 17  U.S.C. 1.                                       counter (‘‘OTC’’). The Trust will not                  Baskets.
                                                   8 Securities Exchange Act Release No. 81077 (July
                                                                                                        hold or trade in commodity futures                        The most significant gold futures
                                                5, 2017) (SR–NYSEArca–2017–55) (order approving         contracts, ‘‘commodity interests’’, or any             exchange in the U.S. is COMEX,
                                                listing and trading shares of the GraniteShares Gold                                                           operated by Commodities Exchange,
                                                Trust under NYSE Arca Equities Rule 8.201).             other instruments regulated by the
                                                   9 Securities Exchange Act Release No. 71378          Commodities Exchange Act. The Trust                    Inc., a subsidiary of New York
                                                (January 23, 2014), 79 FR 4786 (January 29, 2014)       will take delivery of physical gold that               Mercantile Exchange, Inc., and a
                                                (SR–NYSEArca–2013–137).                                 complies with the London Bullion                       subsidiary of the Chicago Mercantile
                                                   10 Securities Exchange Act Release No. 59895
                                                                                                        Markets Association (‘‘LBMA’’) gold                    Exchange Group (the ‘‘CME Group’’).
                                                (May 8, 2009), 74 FR 22993 (May 15, 2009) (SR–                                                                 Other commodity exchanges include the
                                                NYSEArca–2009–40).                                      delivery rules.
                                                   11 Securities Exchange Act Release No. 61219            The Shares are intended to constitute               Tokyo Commodity Exchange
                                                (December 22, 2009), 74 FR 68886 (December 29,          a simple and cost-effective means of                   (‘‘TOCOM’’), the Multi Commodity
                                                2009) (SR–NYSEArca–2009–95).                            making an investment similar to an                     Exchange Of India (‘‘MCX’’), the
                                                   12 Securities Exchange Act Release No. 61220
                                                                                                        investment in gold. Although the Shares                Shanghai Futures Exchange, ICE Futures
                                                (December 22, 2009), 74 FR 68895 (December 29,                                                                 US (the ‘‘ICE’’), and the Dubai Gold &
                                                2009) (SR–NYSEArca–2009–94).                            are not the exact equivalent of an
                                                   13 Securities Exchange Act Release No 66930          investment in gold, they are intended to               Commodities Exchange.
                                                (May 7, 2012), 77 FR 27817 (May 11, 2012) (SR–                                                                 The London Gold Bullion Market
                                                NYSEArca–2012–18)                                       No. 1 Thereto, to List and Trade Shares of The Gold
                                                   14 Securities Exchange Act Release No. 61496         Trust under NYSE Arca Rule 8.201–E).                      According to the Registration
                                                (February 4, 2010), 75 FR 6758 (February 10, 2010)         20 See Securities Exchange Act Release No. 50603    Statement, most trading in physical gold
                                                (SR–NYSEArca–2009–113).                                 (October 28, 2004), 69 FR 64614 (November 5, 2004)     is conducted on the OTC market,
                                                   15 See Securities Exchange Act Release No. 58956     (SR–NYSE–2004–22) (order approving listing of
                                                (November 14, 2008), 73 FR 71074 (November 24,          street TRACKS Gold Trust on NYSE).
                                                                                                                                                               predominantly in London. LBMA
                                                2008) (SR–NYSEArca–2008–124) (approving listing            21 See Securities Exchange Act Release Nos.         coordinates various OTC-market
                                                on the Exchange of the iShares Silver Trust)).          51058 (January 19, 2005), 70 FR 3749 (January 26,      activities, including clearing and
                                                   16 See Securities Exchange Act Release No.56224      2005) (SR-Amex-2004–38) (order approving listing       vaulting, acts as the principal
                                                (August 8, 2007), 72 FR 45850 (August 15, 2007)         of iShares COMEX Gold Trust on the American            intermediary between physical gold
                                                (SR–NYSEArca-2007–76) (approving listing on the         Stock Exchange LLC); 53521 (March 20, 2006), 71
                                                Exchange of the street TRACKS Gold Trust);              FR 14967 (March 24, 2006) (SR–Amex–2005–72)            market participants and the relevant
                                                Securities Exchange Act Release No. 56041 (July 11,     (approving listing on the American Stock Exchange      regulators, promotes good trading
                                                2007), 72 FR 39114 (July 17, 2007) (SR–NYSEArca–        LLC of the iShares Silver Trust).                      practices and develops standard market
                                                2007–43) (order approving listing on the Exchange          22 See Securities Exchange Act Release Nos.
                                                                                                                                                               documentation. In addition, the LBMA
                                                of iShares COMEX Gold Trust).                           53520 (March 20, 2006), 71 FR 14977 (March 24,
                                                   17 See Securities Exchange Act Release No. 79518     2006) (SR–PCX–2005–117) (approving trading on
                                                                                                                                                               promotes refining standards for the gold
                                                (December 9, 2016), 81 FR 90876 (December 15,           the Exchange pursuant to UTP of the iShares Silver     market by maintaining the ‘‘London
                                                2016) (SR–NYSEArca–2016–84) (order approving            Trust); 51245 (February 23, 2005), 70 FR 10731         Good Delivery List,’’ which identifies
                                                listing and trading of shares of the Long Dollar Gold   (March 4, 2005) (SR–PCX–2004–117) (approving           refiners of gold that have been approved
                                                Trust).                                                 trading on the Exchange of the streetTRACKS Gold
                                                                                                                                                               by the LBMA. In the OTC market, gold
sradovich on DSK3GMQ082PROD with NOTICES




                                                   18 See Securities Exchange Act Release No. 80840     Trust pursuant to UTP).
                                                (June 17, 2017) (SR–NYSEArca-2017–33) (order               23 With respect to the application of Rule 10A–     bars that meet the specifications for
                                                approving listing and trading of shares of the Euro     3 (17 CFR 240.10A–3) under the Act, the Trust          weight, dimensions, fineness (or purity),
                                                Gold Trust, Pound Gold Trust, and the Yen Gold          relies on the exemption contained in Rule 10A–         identifying marks (including the assay
                                                Trust under NYSE Arca Equities Rule 8.201).             3(c)(7).                                               stamp of an LBMA-acceptable refiner)
                                                   19 See Securities Exchange Act Release No.81918         24 The description of the operation of the Trust,

                                                (October 23, 2017), 82 FR 49884 (October 27, 2017)      the Shares and the gold market contained herein is
                                                                                                                                                               and appearance described in ‘‘The Good
                                                (SR–NYSEArca–2017–98) (Order Approving a                based, in part, on the Registration Statement. See     Delivery Rules for Gold and Silver Bars’’
                                                Proposed Rule Change, as Modified by Amendment          note 4, supra.                                         published by the LBMA are referred to


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                                                39140                      Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices

                                                as ‘‘London Good Delivery Bars.’’ A                     redemption of Baskets and for the                     instruct the Trustee to use on an on-
                                                London Good Delivery Bar (typically                     delivery of gold in connection with such              going basis a different publicly available
                                                called a ‘‘400 ounce bar’’) must contain                creations or redemptions.                             price which the Sponsor determines to
                                                between 350 and 430 fine troy ounces                       According to the Registration                      fairly represent the commercial value of
                                                of gold (1 troy ounce = 31.1034768                      Statement, Authorized Participants may                the Trust’s gold.
                                                grams), with a minimum fineness (or                     surrender Baskets of Shares in exchange
                                                purity) of 995 parts per 1000 (99.5%), be               for the corresponding Basket Amount                   Availability of Information Regarding
                                                of good appearance and be easy to                       announced by the Trustee. Upon                        Gold
                                                handle and stack. The fine gold content                 surrender of such Shares and payment                     Currently, the Consolidated Tape Plan
                                                of a gold bar is calculated by                          of the Trustee’s applicable fee and of                does not provide for dissemination of
                                                multiplying the gross weight of the bar                 any expenses, taxes or charges (such as               the spot price of a commodity such as
                                                (expressed in units of 0.025 troy ounces)               stamp taxes or stock transfer taxes or                gold over the Consolidated Tape.
                                                by the fineness of the bar. A London                    fees), the Trustee will deliver to the                However, there will be disseminated
                                                Good Delivery Bar must also bear the                    order of the redeeming Authorized                     over the Consolidated Tape the last sale
                                                stamp of one of the refiners identified                 Participant the amount of gold                        price for the Shares. In addition, there
                                                on the London Good Delivery List.                       corresponding to the redeemed Baskets.                is a considerable amount of information
                                                  Following the enactment of the                           Before surrendering Baskets of Shares              about gold and gold markets available
                                                Financial Markets Act 2012, the                         for redemption, an Authorized                         on public websites and through
                                                Prudential Regulation Authority of the                  Participant must deliver to the Trustee               professional and subscription services.
                                                Bank of England is responsible for                      a written request indicating the number                  Investors may obtain gold pricing
                                                regulating most of the financial firms                  of Baskets it intends to redeem and the               information on a 24-hour basis based on
                                                that are active in the bullion market,                  location where it would like to take                  the spot price for an ounce of Gold from
                                                and the Financial Conduct Authority is                  delivery of the gold represented by such              various financial information service
                                                responsible for consumer and                            Baskets. The date the Trustee receives                providers, such as Reuters and
                                                competition issues.                                     that order determines the Basket                      Bloomberg.
                                                                                                        Amount to be received in exchange.
                                                Creation and Redemption of Shares                                                                                Reuters and Bloomberg, for example,
                                                                                                        However, orders received by the Trustee
                                                   According to the Registration                                                                              provide at no charge on their websites
                                                                                                        after 3:59 p.m. Eastern Time (‘‘E.T.’’)
                                                Statement, the Trust will create and                    will not be accepted.                                 delayed information regarding the spot
                                                redeem Shares on a continuous basis in                     The redemption distribution from the               price of Gold and last sale prices of Gold
                                                one or more blocks of 50,000 Shares (a                  Trust will consist of a credit to the                 futures, as well as information about
                                                block of 50,000 Shares is called a                      redeeming Authorized Participant’s                    news and developments in the gold
                                                ‘‘Basket’’). As described below, the                    unallocated account representing the                  market. Reuters and Bloomberg also
                                                Trust will issue Shares in Baskets to                   amount of the gold held by the Trust                  offer a professional service to
                                                certain authorized participants                         evidenced by the Shares being                         subscribers for a fee that provides
                                                (‘‘Authorized Participants’’) on an                     redeemed as of the date of the                        information on Gold prices directly
                                                ongoing basis. Baskets of Shares will                   redemption order.                                     from market participants. Complete real-
                                                only be issued or redeemed in exchange                                                                        time data for Gold futures and options
                                                                                                        Net Asset Value                                       prices traded on the COMEX are
                                                for an amount of gold determined by the
                                                Trustee on each day that the Exchange                      According to the Registration                      available by subscription from Reuters
                                                is open for regular trading. No Shares                  Statement, the net asset value of the                 and Bloomberg. There are a variety of
                                                will be issued unless the Custodian has                 Trust will be obtained by subtracting the             other public websites providing
                                                allocated to the Trust’s account the                    Trust’s expenses and liabilities on any               information on gold, ranging from those
                                                corresponding amount of gold. Initially,                day from the value of the gold owned                  specializing in precious metals to sites
                                                a Basket will require delivery of 500 fine              by the Trust on that day; the net asset               maintained by major newspapers. In
                                                ounces of gold. The amount of gold                      value (‘‘NAV’’) per Share will be                     addition, the LBMA Gold Price is
                                                necessary for the creation of a Basket, or              obtained by dividing the net asset value              publicly available at no charge at
                                                to be received upon redemption of a                     of the Trust on a given day by the                    www.lbma.org.uk.
                                                Basket, will decrease over the life of the              number of Shares outstanding on that                  Availability of Information
                                                Trust, due to the payment or accrual of                 day. On each day on which the
                                                fees and other expenses or liabilities                  Exchange is open for regular trading, the               The intraday indicative value (‘‘IIV’’)
                                                payable by the Trust.                                   Trustee will determine the net asset                  per Share for the Shares will be
                                                   Baskets may be created or redeemed                   value of the Trust and the NAV per                    disseminated by one or more major
                                                only by Authorized Participants. Orders                 Share as promptly as practicable after                market data vendors. The IIV will be
                                                must be placed by 3:59 p.m. Eastern                     4:00 p.m. (E.T.). The Trustee will value              calculated based on the amount of gold
                                                Time (‘‘E.T.’’). The day on which the                   the Trust’s gold on the basis of LBMA                 held by the Trust and a price of gold
                                                Trust receives a valid purchase or                      Gold Price PM. If there is no LBMA                    derived from updated bids and offers
                                                redemption order is the order date.                     Gold Price PM on any day, the Trustee                 indicative of the spot price of gold.25
                                                   Each Authorized Participant must be                  is authorized to use the LBMA Gold                      The website for the Trust
                                                a registered broker-dealer, a participant               Price AM announced on that day. If                    (www.graniteshares.com) will contain
                                                in Depository Trust Corporation, have                   neither price is available for that day,              the following information, on a per
                                                entered into an agreement with the                      the Trustee will value the Trust’s gold               Share basis, for the Trust: (a) The mid-
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                                                Trustee (the ‘‘Authorized Participant                   based on the most recently announced                  point of the bid-ask price 26 at the close
                                                Agreement’’) and be in a position to                    LBMA Gold Price PM or LBMA Gold
                                                transfer gold to, and take delivery of                  Price AM. If the Sponsor determines                     25 The IIV on a per Share basis disseminated

                                                gold from, the Custodian through one or                 that such price is inappropriate to use,              during the Core Trading Session should not be
                                                                                                                                                              viewed as a real-time update of the NAV, which is
                                                more gold accounts. The Authorized                      the Sponsor will identify an alternate                calculated once a day.
                                                Participant Agreement provides the                      basis for evaluation to be employed by                  26 The bid-ask price of the Shares will be

                                                procedures for the creation and                         the Trustee. Further, the Sponsor may                 determined using the highest bid and lowest offer



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                                                                           Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices                                                    39141

                                                of trading (‘‘Bid/Ask Price’’), and a                   provide the Exchange with information                 Surveillance
                                                calculation of the premium or discount                  relating to its trading in the underlying                The Exchange represents that trading
                                                of such price against such NAV; and (b)                 gold, related futures or options on                   in the Shares will be subject to the
                                                data in chart format displaying the                     futures, or any other related derivatives.            existing trading surveillances
                                                frequency distribution of discounts and                 Commentary .04 of NYSE Arca Rule                      administered by the Exchange, as well
                                                premiums of the Bid/Ask Price against                   11.3–E requires an ETP Holder acting as               as cross-market surveillances
                                                the NAV, within appropriate ranges, for                 a registered Market Maker, and its                    administered by the Financial Industry
                                                each of the four previous calendar                      affiliates, in the Shares to establish,               Regulatory Authority (‘‘FINRA’’) on
                                                quarters. The website for the Trust will                maintain and enforce written policies                 behalf of the Exchange, which are
                                                also provide the Trust’s prospectus.                    and procedures reasonably designed to                 designed to detect violations of
                                                Finally, the Trust’s website will provide               prevent the misuse of any material                    Exchange rules and applicable federal
                                                the last sale price of the Shares as traded             nonpublic information with respect to                 securities laws.28 The Exchange
                                                in the U.S. market. In addition,                        such products, any components of the                  represents that these procedures are
                                                information regarding market price and                  related products, any physical asset or               adequate to properly monitor Exchange
                                                trading volume of the Shares will be                    commodity underlying the product,                     trading of the Shares in all trading
                                                continually available on a real-time                    applicable currencies, underlying                     sessions and to deter and detect
                                                basis throughout the day on brokers’                    indexes, related futures or options on                violations of Exchange rules and federal
                                                computer screens and other electronic                   futures, and any related derivative                   securities laws applicable to trading on
                                                services. Information regarding the                     instruments (including the Shares).                   the Exchange.
                                                previous day’s closing price and trading                                                                         The surveillances referred to above
                                                                                                           As a general matter, the Exchange has
                                                volume information for the Shares will                                                                        generally focus on detecting securities
                                                                                                        regulatory jurisdiction over its ETP
                                                be published daily in the financial                                                                           trading outside their normal patterns,
                                                                                                        Holders and their associated persons,
                                                section of newspapers.                                                                                        which could be indicative of
                                                                                                        which include any person or entity
                                                Criteria for Initial and Continued Listing              controlling an ETP Holder. A subsidiary               manipulative or other violative activity.
                                                   The Trust will be subject to the                     or affiliate of an ETP Holder that does               When such situations are detected,
                                                criteria in NYSE Arca Rule 8.201–E(e)                   business only in commodities or futures               surveillance analysis follows and
                                                for initial and continued listing of the                contracts would not be subject to                     investigations are opened, where
                                                Shares.                                                 Exchange jurisdiction, but the Exchange               appropriate, to review the behavior of
                                                   A minimum of two Baskets or 100,000                  could obtain information regarding the                all relevant parties for all relevant
                                                Shares will be required to be                           activities of such subsidiary or affiliate            trading violations.
                                                outstanding at the start of trading,                    through surveillance sharing agreements                  The Exchange or FINRA, on behalf of
                                                which is equivalent to 1,000 fine ounces                with regulatory organizations of which                the Exchange, or both, will
                                                of gold or about $1.24 million as of July               such subsidiary or affiliate is a member.             communicate as needed regarding
                                                18, 2018. The Exchange believes that the                                                                      trading in the Shares with other markets
                                                                                                           With respect to trading halts, the
                                                anticipated minimum number of Shares                                                                          and other entities that are members of
                                                                                                        Exchange may consider all relevant                    the Intermarket Surveillance Group
                                                outstanding at the start of trading is                  factors in exercising its discretion to
                                                sufficient to provide adequate market                                                                         (‘‘ISG’’), and the Exchange or FINRA, on
                                                                                                        halt or suspend trading in the Shares.                behalf of the Exchange, or both, may
                                                liquidity.                                              Trading on the Exchange in the Shares                 obtain trading information regarding
                                                Trading Rules                                           may be halted because of market                       trading in the Shares from such markets
                                                                                                        conditions or for reasons that, in the                and other entities. In addition, the
                                                   The Exchange deems the Shares to be
                                                                                                        view of the Exchange, make trading in                 Exchange may obtain information
                                                equity securities, thus rendering trading
                                                                                                        the Shares inadvisable. These may                     regarding trading in the Shares from
                                                in the Trust subject to the Exchange’s
                                                                                                        include: (1) The extent to which                      markets and other entities that are
                                                existing rules governing the trading of
                                                                                                        conditions in the underlying gold                     members of ISG or with which the
                                                equity securities. Trading in the Shares
                                                                                                        market have caused disruptions and/or                 Exchange has in place a comprehensive
                                                on the Exchange will occur in
                                                                                                        lack of trading, or (2) whether other                 surveillance sharing agreement.29
                                                accordance with NYSE Arca Rule 7.34–
                                                                                                        unusual conditions or circumstances                      Also, pursuant to NYSE Arca Rule
                                                E(a). The Exchange has appropriate
                                                                                                        detrimental to the maintenance of a fair              8.201–E(g), the Exchange is able to
                                                rules to facilitate transactions in the
                                                Shares during all trading sessions. As                  and orderly market are present. In                    obtain information regarding trading in
                                                provided in NYSE Arca Rule 7.6–E, the                   addition, trading in Shares will be                   the Shares and the underlying gold, gold
                                                minimum price variation (‘‘MPV’’) for                   subject to trading halts caused by                    futures contracts, options on gold
                                                quoting and entry of orders in equity                   extraordinary market volatility pursuant              futures, or any other gold derivative,
                                                securities traded on the NYSE Arca                      to the Exchange’s ‘‘circuit breaker’’                 through ETP Holders acting as
                                                Marketplace is $0.01, with the exception                rule.27 The Exchange will halt trading in             registered Market Makers, in connection
                                                of securities that are priced less than                 the Shares if the NAV of the Trust is not             with such ETP Holders’ proprietary or
                                                $1.00 for which the MPV for order entry                 calculated or disseminated daily. The                 customer trades through ETP Holders
                                                is $0.0001.                                             Exchange may halt trading during the                  which they effect on any relevant
                                                   Further, NYSE Arca Rule 8.201–E sets                 day in which an interruption occurs to                market.
                                                forth certain restrictions on ETP Holders               the dissemination of the IIV, as                         In addition, the Exchange also has a
                                                                                                        described above. If the interruption to
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                                                acting as registered Market Makers in                                                                         general policy prohibiting the
                                                the Shares to facilitate surveillance.                  the dissemination of the IIV persists
                                                Under NYSE Arca Rule 8.201–E(g), an                     past the trading day in which it occurs,                28 FINRA conducts cross-market surveillances on

                                                ETP Holder acting as a registered Market                the Exchange will halt trading no later               behalf of the Exchange pursuant to a regulatory
                                                                                                        than the beginning of the trading day                 services agreement. The Exchange is responsible for
                                                Maker in the Shares is required to                                                                            FINRA’s performance under this regulatory services
                                                                                                        following the interruption.                           agreement.
                                                on the Consolidated Tape as of the time of                                                                      29 For a list of the current members of ISG, see

                                                calculation of the closing day NAV.                       27 See   NYSE Arca Rule 7.12–E.                     www.isgportal.org.



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                                                39142                      Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices

                                                distribution of material, non-public                    described in the Registration Statement.                website will provide pricing
                                                information by its employees.                           The Information Bulletin will also                      information for gold spot prices and the
                                                   All statements and representations                   reference the fact that there is no                     Shares. Market prices for the Shares will
                                                made in this filing regarding (a) the                   regulated source of last sale information               be available from a variety of sources
                                                description of the portfolio, (b)                       regarding physical gold, that the                       including brokerage firms, information
                                                limitations on portfolio holdings or                    Commission has no jurisdiction over the                 websites and other information service
                                                reference assets, or (c) the applicability              trading of gold as a physical commodity,                providers. The NAV of the Trust will be
                                                of Exchange listing rules specified in                  and that the Commodity Futures                          published by the Sponsor on each day
                                                this rule filing shall constitute                       Trading Commission has regulatory                       that the NYSE Arca is open for regular
                                                continued listing requirements for                      jurisdiction over the trading of gold
                                                                                                                                                                trading and will be posted on the Trust’s
                                                listing the Shares of the Trust on the                  futures contracts and options on gold
                                                Exchange.                                                                                                       website. The IIV relating to the Shares
                                                                                                        futures contracts.
                                                   The issuer has represented to the                       The Information Bulletin will also                   will be widely disseminated by one or
                                                Exchange that it will advise the                        discuss any relief, if granted, by the                  more major market data vendors at least
                                                Exchange of any failure by the Trust to                 Commission or the staff from any rules                  every 15 seconds during the Core
                                                comply with the continued listing                       under the Act.                                          Trading Session. In addition, the LBMA
                                                requirements, and, pursuant to its                                                                              Gold Price is publicly available at no
                                                obligations under Section 19(g)(1) of the               2. Statutory Basis                                      charge at www.lbma.org.uk. The Trust’s
                                                Act, the Exchange will monitor for                         The basis under the Act for this                     website will also provide the Trust’s
                                                compliance with the continued listing                   proposed rule change is the requirement                 prospectus, as well as the two most
                                                requirements. If the Trust is not in                    under Section 6(b)(5) 30 that an                        recent reports to stockholders. In
                                                compliance with the applicable listing                  exchange have rules that are designed to                addition, information regarding market
                                                requirements, the Exchange will                         prevent fraudulent and manipulative                     price and trading volume of the Shares
                                                commence delisting procedures under                     acts and practices, to promote just and                 will be continually available on a real-
                                                NYSE Arca Rule 5.5–E(m).                                equitable principles of trade, to remove                time basis throughout the day on
                                                                                                        impediments to, and perfect the
                                                Information Bulletin                                                                                            brokers’ computer screens and other
                                                                                                        mechanism of a free and open market
                                                   Prior to the commencement of                                                                                 electronic services. Information
                                                                                                        and, in general, to protect investors and
                                                trading, the Exchange will inform its                   the public interest.                                    regarding the previous day’s closing
                                                ETP Holders in an Information Bulletin                     The Exchange believes that the                       price and trading volume information
                                                of the special characteristics and risks                proposed rule change is designed to                     for the Shares will be published daily in
                                                associated with trading the Shares.                     prevent fraudulent and manipulative                     the financial section of newspapers.
                                                Specifically, the Information Bulletin                  acts and practices in that the Shares will                 The proposed rule change is designed
                                                will discuss the following: (1) The                     be listed and traded on the Exchange                    to perfect the mechanism of a free and
                                                procedures for purchases and                            pursuant to the initial and continued                   open market and, in general, to protect
                                                redemptions of Shares in Baskets                        listing criteria in NYSE Arca Rule                      investors and the public interest in that
                                                (including noting that Shares are not                   8.201–E. The Exchange has in place                      it will facilitate the listing and trading
                                                individually redeemable); (2) NYSE                      surveillance procedures that are                        of an additional type of exchange-traded
                                                Arca Rule 9.2–E(a), which imposes a                     adequate to properly monitor trading in                 product that will enhance competition
                                                duty of due diligence on its ETP Holders                the Shares in all trading sessions and to               among market participants, to the
                                                to learn the essential facts relating to                deter and detect violations of Exchange
                                                                                                                                                                benefit of investors and the marketplace.
                                                every customer prior to trading the                     rules and applicable federal securities
                                                Shares; (3) how information regarding                                                                           As noted above, the Exchange has in
                                                                                                        laws. The Exchange may obtain
                                                the IIV is disseminated; (4) the                        information via the ISG from other                      place surveillance procedures relating to
                                                requirement that ETP Holders deliver a                  exchanges that are members of ISG or                    trading in the Shares and may obtain
                                                prospectus to investors purchasing                      with which the Exchange has entered                     information via ISG from other
                                                newly issued Shares prior to or                         into a comprehensive surveillance                       exchanges that are members of ISG or
                                                concurrently with the confirmation of a                 sharing agreement.                                      with which the Exchange has entered
                                                transaction; (5) the possibility that                      The proposed rule change is designed                 into a comprehensive surveillance
                                                trading spreads and the resulting                       to promote just and equitable principles                sharing agreement. In addition, as noted
                                                premium or discount on the Shares may                   of trade and to protect investors and the               above, investors will have ready access
                                                widen as a result of reduced liquidity of               public interest in that there is a                      to information regarding gold pricing.
                                                gold trading during the Core and Late                   considerable amount of gold price and
                                                                                                                                                                B. Self-Regulatory Organization’s
                                                Trading Sessions after the close of the                 gold market information available on
                                                major world gold markets; and (6)                       public websites and through                             Statement on Burden on Competition
                                                trading information. For example, the                   professional and subscription services.                   The Exchange does not believe that
                                                Information Bulletin will advise ETP                    Investors may obtain on a 24-hour basis                 the proposed rule change will impose
                                                Holders, prior to the commencement of                   gold pricing information based on the                   any burden on competition that is not
                                                trading, of the prospectus delivery                     spot price for an ounce of gold from                    necessary or appropriate in furtherance
                                                requirements applicable to the Trust.                   various financial information service
                                                                                                                                                                of the purposes of the Act. The
                                                The Exchange notes that investors                       providers. Investors may obtain gold
                                                                                                                                                                Exchange believes the proposed rule
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                                                purchasing Shares directly from the                     pricing information based on the spot
                                                                                                        price for an ounce of gold from various                 change will enhance competition by
                                                Trust will receive a prospectus. ETP
                                                Holders purchasing Shares from the                      financial information service providers.                accommodating Exchange trading of an
                                                Trust for resale to investors will deliver              Current spot prices also are generally                  additional exchange-traded product
                                                a prospectus to such investors.                         available with bid/ask spreads from gold                relating to physical gold.
                                                   In addition, the Information Bulletin                bullion dealers. In addition, the Trust’s
                                                will reference that the Trust is subject
                                                to various fees and expenses as will be                   30 15   U.S.C. 78f(b)(5).



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                                                                           Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices                                                   39143

                                                C. Self-Regulatory Organization’s                       provisions of 5 U.S.C. 552, will be                   disapprove the proposed rule change.5
                                                Statement on Comments on the                            available for website viewing and                     On June 13, 2018, the Commission
                                                Proposed Rule Change Received From                      printing in the Commission’s Public                   instituted proceedings under Section
                                                Members, Participants, or Others                        Reference Room, 100 F Street NE,                      19(b)(2)(B) of the Exchange Act 6 to
                                                  No written comments were solicited                    Washington, DC 20549, on official                     determine whether to approve or
                                                or received with respect to the proposed                business days between the hours of                    disapprove the proposed rule change.7
                                                rule change.                                            10:00 a.m. and 3:00 p.m. Copies of the                The Commission received one comment
                                                                                                        filing also will be available for                     letter on the proposed rule change.8
                                                III. Date of Effectiveness of the                       inspection and copying at the principal                  On July 26, 2018, the Exchange
                                                Proposed Rule Change and Timing for                     office of the Exchange. All comments                  withdrew the proposed rule change
                                                Commission Action                                       received will be posted without change.               (SR–CHX–2018–001).
                                                  Within 45 days of the date of                         Persons submitting comments are                         For the Commission, by the Division of
                                                publication of this notice in the Federal               cautioned that we do not redact or edit               Trading and Markets, pursuant to delegated
                                                Register or within such longer period                   personal identifying information from                 authority.9
                                                up to 90 days (i) as the Commission may                 comment submissions. You should
                                                designate if it finds such longer period                submit only information that you wish                 Eduardo A. Aleman,
                                                to be appropriate and publishes its                     to make available publicly. All                       Assistant Secretary.
                                                reasons for so finding or (ii) as to which              submissions should refer to File                      [FR Doc. 2018–16889 Filed 8–7–18; 8:45 am]
                                                the self-regulatory organization                        Number SR–NYSEArca–2018–55, and                       BILLING CODE 8011–01–P
                                                consents, the Commission will:                          should be submitted on or before
                                                  (A) By order approve or disapprove                    August 29, 2018.
                                                the proposed rule change, or                              For the Commission, by the Division of              SECURITIES AND EXCHANGE
                                                  (B) institute proceedings to determine                Trading and Markets, pursuant to delegated            COMMISSION
                                                whether the proposed rule change                        authority.31                                          [Release No. 34–83767; File No. SR–FICC–
                                                should be disapproved.                                  Eduardo A. Aleman,                                    2018–006]
                                                IV. Solicitation of Comments                            Assistant Secretary.
                                                                                                        [FR Doc. 2018–16890 Filed 8–7–18; 8:45 am]            Self-Regulatory Organizations; Fixed
                                                  Interested persons are invited to                                                                           Income Clearing Corporation; Notice of
                                                                                                        BILLING CODE 8011–01–P
                                                submit written data, views, and                                                                               Filing of Proposed Rule Change To
                                                arguments concerning the foregoing,                                                                           Codify the Processing of Conditional
                                                including whether the proposed rule                     SECURITIES AND EXCHANGE                               Prepayment Rate Claims in the MBSD
                                                change is consistent with the Act.                      COMMISSION                                            Rules and Make Other Changes
                                                Comments may be submitted by any of
                                                the following methods:                                                                                        August 2, 2018.
                                                                                                        [Release No. 34–83763; File No. SR–CHX–                  Pursuant to Section 19(b)(1) of the
                                                Electronic Comments                                     2018–001]                                             Securities Exchange Act of 1934
                                                  • Use the Commission’s internet                                                                             (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                                                                        Self-Regulatory Organizations;                        notice is hereby given that on July 26,
                                                comment form (http://www.sec.gov/
                                                                                                        Chicago Stock Exchange, Inc.; Notice                  2018, Fixed Income Clearing
                                                rules/sro.shtml); or
                                                                                                        of Withdrawal of a Proposed Rule
                                                  • Send an email to rule-comments@                                                                           Corporation (‘‘FICC’’) filed with the
                                                                                                        Change To Adopt the Route QCT                         Securities and Exchange Commission
                                                sec.gov. Please include File Number SR–
                                                                                                        Cross Routing Option                                  (‘‘Commission’’) the proposed rule
                                                NYSEArca–2018–55 on the subject line.
                                                                                                        August 2, 2018.                                       change as described in Items I, II and III
                                                Paper Comments                                                                                                below, which Items have been prepared
                                                   • Send paper comments in triplicate                    On March 6, 2018, the Chicago Stock                 by the clearing agency. The Commission
                                                to Secretary, Securities and Exchange                   Exchange, Inc. (‘‘Exchange’’) filed with              is publishing this notice to solicit
                                                Commission, 100 F Street NE,                            the Securities and Exchange                           comments on the proposed rule change
                                                Washington, DC 20549–1090.                              Commission (‘‘Commission’’), pursuant                 from interested persons.
                                                                                                        to Section 19(b)(1) of the Securities
                                                All submissions should refer to File                                                                          I. Clearing Agency’s Statement of the
                                                                                                        Exchange Act of 1934 (‘‘Exchange
                                                Number SR–NYSEArca–2018–55. This                                                                              Terms of Substance of the Proposed
                                                                                                        Act’’) 1 and Rule 19b–4 thereunder,2 a
                                                file number should be included on the                                                                         Rule Change
                                                                                                        proposed rule change to adopt the Route
                                                subject line if email is used. To help the
                                                                                                        QCT Cross routing option. The proposed                  The proposed rule change consists of
                                                Commission process and review your
                                                                                                        rule change was published for comment                 amendments to the FICC Mortgage-
                                                comments more efficiently, please use
                                                                                                        in the Federal Register on March 20,                  Backed Securities Division (‘‘MBSD’’)
                                                only one method. The Commission will
                                                                                                        2018.3 On May 1, 2018, pursuant to                    Clearing Rules (‘‘MBSD Rules’’) in order
                                                post all comments on the Commission’s
                                                                                                        Section 19(b)(2) of the Exchange Act,4                to (i) add terms governing MBSD’s
                                                internet website (http://www.sec.gov/
                                                                                                        the Commission designated a longer
                                                rules/sro.shtml). Copies of the
                                                                                                        period within which to approve the                      5 See Securities Exchange Act Release No. 83143,
                                                submission, all subsequent
                                                                                                        proposed rule change, disapprove the                  83 FR 20123 (May 7, 2018).
                                                amendments, all written statements                                                                              6 15 U.S.C. 78s(b)(2)(B).
                                                                                                        proposed rule change, or institute
                                                with respect to the proposed rule
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                                                                                                                                                                7 See Securities Exchange Act Release No. 83425,
                                                                                                        proceedings to determine whether to
                                                change that are filed with the                                                                                83 FR 28477 (June 19, 2018).
                                                Commission, and all written                               31 17
                                                                                                                                                                8 See letter from Tracy Richardson, Tribal
                                                                                                                CFR 200.30–3(a)(12).                          Technology Trade Inc., dated June 14, 2018,
                                                communications relating to the                            1 15 U.S.C. 78s(b)(1).                              available at https://www.sec.gov/comments/sr-chx-
                                                proposed rule change between the                          2 17 CFR 240.19b–4.                                 2018-001/chx2018001.htm.
                                                Commission and any person, other than                     3 See Securities Exchange Act Release No. 82870       9 17 CFR 200.30–3(a)(12).

                                                those that may be withheld from the                     (March 14, 2018), 83 FR 12214.                          1 15 U.S.C. 78s(b)(1).

                                                public in accordance with the                             4 15 U.S.C. 78s(b)(2).                                2 17 CFR 240.19b–4.




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Document Created: 2018-08-08 02:05:44
Document Modified: 2018-08-08 02:05:44
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 39138 

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