83 FR 43711 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Make a Number of Non-Substantive Changes to the Rulebook
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 166 (August 27, 2018)
Federal Register Volume 83, Issue 166 (August 27, 2018)
| Page Range | 43711-43713 | |
| FR Document | 2018-18426 |
[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)] [Notices] [Pages 43711-43713] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18426] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-83895; File No. SR-BOX-2018-27] Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Make a Number of Non-Substantive Changes to the Rulebook August 21, 2018. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on August 10, 2018, BOX Options Exchange LLC (the ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to make a number of non-substantive changes to the rulebook. The text of the proposed rule change is available from the principal office of the Exchange, at the Commission's Public Reference Room and also on the Exchange's internet website at http://boxoptions.com. 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 these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange is proposing to make a number of non-substantive changes to the rulebook. Currently, the Exchange's rulebook is singularly focused on the trading of options. The Exchange is now proposing to amend certain sections of the rulebook that do not specifically apply to the trading of options in order to provide broader rules that apply to Participants of the Exchange in general.\3\ The Exchange believes these changes are necessary to provide the Exchange with greater flexibility. --------------------------------------------------------------------------- \3\ For example, Exchange rules dealing with membership apply to all Participants of the Exchange as opposed to rules related to trading on BOX, which is product-specific. --------------------------------------------------------------------------- First, the Exchange is proposing to amend the definitions of ``Options Participant'' and ``Participant'' in Rule 100(a)(41). Specifically, the Exchange is proposing to amend the definitions in order to cover Participants of the Exchange regardless of whether they participate in the trading of options. Additionally, the Exchange is proposing that the definition clarify that Participants register with the Exchange for purposes of participating in trading on ``a facility of the Exchange.'' \4\ The Exchange notes that another options exchange uses similar non-options specific language.\5\ --------------------------------------------------------------------------- \4\ BOX is an options trading facility of the Exchange. \5\ See Nasdaq ISE Rule 100(a)(30) defining a Member as an organization that has been approved to exercise trading rights associated with Exchange Rights. --------------------------------------------------------------------------- Next, the Exchange is replacing the term ``Options Participant'' with ``Participant'' in a number of rules as outlined below. Certain Exchange rules are not options specific and therefore the Exchange believes it is appropriate to replace ``Options Participant'' with ``Participant'' to provide more general coverage. The proposed change will clarify that these Exchange rules apply to Participants of the Exchange regardless of whether they participate in the trading of options.\6\ --------------------------------------------------------------------------- \6\ The Exchange notes that the Options facility is the only facility of the Exchange. If the Exchange decides trade other products it will first file a proposal with the Commission. --------------------------------------------------------------------------- The Exchange proposes to amend its rules as it relates to usage of the term ``Options Participant'' as follows:The Exchange proposes to replace ``Options Participant'' with ``Participant'' in Rule 100(a)(4) which defines associated person or a person associated with a Participant. [[Page 43712]] The Exchange is proposing to replace ``Options Participant'' with ``Participant'' in Rule 1060 (Exchange's Cost of Defending Legal Proceedings).\7\ --------------------------------------------------------------------------- \7\ See proposed changes to Rule 1060(a). --------------------------------------------------------------------------- The Exchange is proposing to replace ``Options Participant'' with ``Participant'' in Rules 2000 (Right, Privileges, and Duties of Options Participants), 2010 (Obligations of Options Participants, BOX and the Exchange), 2020 (Participant Eligibility and Registration), 2040 (Restrictions), IM-2040-1, 2050 (Application Procedures for Options Participants or to become an Associated Person of a Participant), 2060 (Revocation of Options Participant Status or Association with a Participant), 2070 (Voluntary Termination of Rights as an Options Participant), 2080 (Dues, Assessments and Other Charges), and 2090 (Affiliation between Exchange and an Options Participant).\8\ --------------------------------------------------------------------------- \8\ See proposed changes to Rules 2000, 2010, 2020(a), 2040(a), 2040(f), IM-2040-1, 2050(a)-(e), and (g), 2060, 2070, 2080, 2090. The Exchange notes that is also replacing ``Options Participant'' with ``Participant'' in the titles of rules 2050, 2060, 2070, and 2090. --------------------------------------------------------------------------- The Exchange is proposing to replace ``Options Participant'' with ``Participant'' in Rules 3000 (Just and Equitable Principles of Trade), IM-3000-1, 3010 (Adherence to Law), 3020 (Sharing Offices and Wire Connections), 3040 (False Statements), 3050 (Manipulation), 3060 (Gratuities), 3070 (Conduct and Compliance with the Rules), 3080 (Rumors), 3090 (Prevention of the Misuse of Material Nonpublic Information), 3100 (Disciplinary Action by Other Organizations), 3110 (Other Restrictions on Participants), 3180 (Mandatory Systems Testing), and 3220 (Disruptive Quoting and Trading Activity Prohibited).\9\ --------------------------------------------------------------------------- \9\ See proposed changes to Rules 3000(a), IM-3000-1, 3010, 3020, 3040, 3050(a) and (b), 3060, 3070(a), 3080, 3090(a), and (c)- (e), 3100, 3110, 3180(a)-(c), 3220(a). --------------------------------------------------------------------------- The Exchange is proposing to replace ``Options Participant'' with ``Participant'' in Rules 4160 (Transfer of Accounts), 4190 (Public Customer Complaints), and 4200 (Telephone Solicitation).\10\ --------------------------------------------------------------------------- \10\ See proposed changes to Rules 4160(a), 4160(h), 4160(i), 4190(c) and (d), 4200(c) and (d). --------------------------------------------------------------------------- The Exchange is proposing to replace ``Options Participant'' with ``Participant'' in Rules 10000 (Maintenance, Retention and Furnishing of Books, Records and Other Information), 10020 (Financial Reports), 10030 (Audits), 10040 (Automated Submission of Trade Data), 10050 (Regulatory Cooperation), and 10070 (Anti-Money Laundering Compliance Program).\11\ --------------------------------------------------------------------------- \11\ See proposed changes to Rules 10000(a)-(c), 10020, 10030(a)-(c), 10040(a)-(d), 10050(c) and (d), 10070(a) and (b). --------------------------------------------------------------------------- The Exchange is proposing to replace ``Options Participant'' with ``Participant'' in Rules 10200 (Minimum Requirements), 10210 (Early Warning'' Notification Requirements), and 10220 (Power of CRO to Impose Restrictions).\12\ --------------------------------------------------------------------------- \12\ See proposed changes to Rules 10200, 10210, 10220. --------------------------------------------------------------------------- The Exchange is proposing to replace ``Options Participant'' with ``Participant'' in Rules 11000 (Imposition of Suspension), 11010 (Investigation Following Suspension), 11020 (Reinstatement), and 11040 (Termination of Rights by Suspension).\13\ --------------------------------------------------------------------------- \13\ See proposed changes to Rules 11000(a) and (b), 11010(a) and (b), 11020(a) and (c), 11040. --------------------------------------------------------------------------- The Exchange is proposing to replace ``Options Participant'' with ``Participant'' in Rules 12000 (Disciplinary Jurisdiction), 12010 (Requirement to Furnish Information), 12020 (Investigation), 12030 (Letters of Consent), 12040 (Charges), 12060 (Hearing), 12110 (Judgement and Sanction), 12120 (Procedural Matters), and Rule 12160 (Expedited Suspension Provision).\14\ --------------------------------------------------------------------------- \14\ See proposed changes to Rules 12000(a)-(c), 12010(a), 12020, 12030(a), 12040(a), 12060(b), (e) and (f), 12110(a), (c) and (d), 12120(a), 12160(a). --------------------------------------------------------------------------- The Exchange is proposing to replace ``Options Participant'' with ``Participant'' in Rule 13000 (Scope of Series).\15\ --------------------------------------------------------------------------- \15\ See proposed changes to Rule 13000. --------------------------------------------------------------------------- The Exchange is proposing to replace ``Options Participant'' with ``Participant'' in Rule 14000 (Arbitration).\16\ --------------------------------------------------------------------------- \16\ See proposed changes to Rule 14000(b), (c) and (e). --------------------------------------------------------------------------- Lastly, the Exchange is proposing to amend Rule 2040(e)(3). Specifically, the Exchange proposes to remove the term ``BOX'' and replace it with ``a facility of the Exchange.'' The Exchange notes that BOX is a facility of the Exchange and therefore the Exchange is not proposing to substantively change the rule. 2. Statutory Basis The Exchange believes that the proposal is consistent with the requirements of Section 6(b) of the Securities Exchange Act of 1934 (the ``Act''),\17\ in general, and Section 6(b)(5) of the Act,\18\ in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest. --------------------------------------------------------------------------- \17\ 15 U.S.C. 78f(b). \18\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that the proposed rule change would remove impediments to and perfect the mechanism of a free and open market and a national market system by ensuring that market participants can easily navigate, understand and comply with the Exchange's rulebook. The Exchange believes that the proposed rule change enables the Exchange to continue to enforce the Exchange's rules. The Exchange believes that none of the proposed changes discussed herein alter the application of any rules. As such, the proposed amendments would foster cooperation and coordination with persons engaged in facilitating transactions in securities and would remove impediments to and perfect the mechanism of a free and open market and a national exchange system. Further, the Exchange believes that, by ensuring the rulebook accurately reflects the intention of the Exchange's rules, the proposed rule change reduces potential investor or market participant confusion. 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 not necessary or appropriate in furtherance of the purposes of the Act. In this regard and as indicated above, the Exchange notes that the proposed changes will not alter any of the Exchange's rules. Therefore, the proposed changes will have no impact on competition as they are not designed to address any competitive issues but rather are designed to make non-substantive changes. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has neither solicited nor received comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing rule does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative [[Page 43713]] for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, provided that the self-regulatory organization has given the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change or such shorter time as designated by the Commission,\19\ the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \20\ and Rule 19b- 4(f)(6) thereunder.\21\ --------------------------------------------------------------------------- \19\ The Exchange has fulfilled this requirement. \20\ 15 U.S.C. 78s(b)(3)(A). \21\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to rule-comments@sec.gov. Please include File Number SR-BOX-2018-27 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-BOX-2018-27. 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, on official business days between the hours of 10:00 a.m. and 3:00 p.m., located at 100 F Street NE, Washington, DC 20549. Copies of such 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-BOX-2018-27 and should be submitted on or before September 17, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\22\ --------------------------------------------------------------------------- \22\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-18426 Filed 8-24-18; 8:45 am] BILLING CODE 8011-01-P
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Commission to consider matters related This Notice will be published in the A. Self-Regulatory Organization’s
to negotiated service agreement(s). The Federal Register. Statement of the Purpose of, and
request(s) may propose the addition or Statutory Basis for, the Proposed Rule
Stacy L. Ruble,
removal of a negotiated service Change
Secretary.
agreement from the market dominant or 1. Purpose
[FR Doc. 2018–18475 Filed 8–24–18; 8:45 am]
the competitive product list, or the
modification of an existing product BILLING CODE 7710–FW–P The Exchange is proposing to make a
currently appearing on the market number of non-substantive changes to
dominant or the competitive product the rulebook. Currently, the Exchange’s
list. SECURITIES AND EXCHANGE rulebook is singularly focused on the
COMMISSION trading of options. The Exchange is now
Section II identifies the docket proposing to amend certain sections of
number(s) associated with each Postal [Release No. 34–83895; File No. SR–BOX– the rulebook that do not specifically
Service request, the title of each Postal 2018–27] apply to the trading of options in order
Service request, the request’s acceptance to provide broader rules that apply to
date, and the authority cited by the Self-Regulatory Organizations; BOX Participants of the Exchange in general.3
Postal Service for each request. For each Options Exchange LLC; Notice of The Exchange believes these changes
request, the Commission appoints an Filing and Immediate Effectiveness of are necessary to provide the Exchange
officer of the Commission to represent a Proposed Rule Change To Make a with greater flexibility.
the interests of the general public in the Number of Non-Substantive Changes First, the Exchange is proposing to
proceeding, pursuant to 39 U.S.C. 505 to the Rulebook amend the definitions of ‘‘Options
(Public Representative). Section II also Participant’’ and ‘‘Participant’’ in Rule
August 21, 2018.
establishes comment deadline(s) 100(a)(41). Specifically, the Exchange is
Pursuant to Section 19(b)(1) of the proposing to amend the definitions in
pertaining to each request.
Securities Exchange Act of 1934 order to cover Participants of the
The public portions of the Postal (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Exchange regardless of whether they
Service’s request(s) can be accessed via notice is hereby given that on August participate in the trading of options.
the Commission’s website (http:// 10, 2018, BOX Options Exchange LLC Additionally, the Exchange is proposing
www.prc.gov). Non-public portions of (the ‘‘Exchange’’) filed with the that the definition clarify that
the Postal Service’s request(s), if any, Securities and Exchange Commission Participants register with the Exchange
can be accessed through compliance (‘‘Commission’’) the proposed rule for purposes of participating in trading
with the requirements of 39 CFR change as described in Items I and II on ‘‘a facility of the Exchange.’’ 4 The
3007.301.1 below, which Items have been prepared Exchange notes that another options
The Commission invites comments on by the self-regulatory organization. The exchange uses similar non-options
whether the Postal Service’s request(s) Commission is publishing this notice to specific language.5
solicit comments on the proposed rule Next, the Exchange is replacing the
in the captioned docket(s) are consistent
from interested persons. term ‘‘Options Participant’’ with
with the policies of title 39. For
request(s) that the Postal Service states I. Self-Regulatory Organization’s ‘‘Participant’’ in a number of rules as
concern market dominant product(s), Statement of the Terms of Substance of outlined below. Certain Exchange rules
applicable statutory and regulatory the Proposed Rule Change are not options specific and therefore
requirements include 39 U.S.C. 3622, 39 the Exchange believes it is appropriate
The Exchange proposes to make a to replace ‘‘Options Participant’’ with
U.S.C. 3642, 39 CFR part 3010, and 39 number of non-substantive changes to
CFR part 3020, subpart B. For request(s) ‘‘Participant’’ to provide more general
the rulebook. The text of the proposed coverage. The proposed change will
that the Postal Service states concern rule change is available from the
competitive product(s), applicable clarify that these Exchange rules apply
principal office of the Exchange, at the to Participants of the Exchange
statutory and regulatory requirements Commission’s Public Reference Room
include 39 U.S.C. 3632, 39 U.S.C. 3633, regardless of whether they participate in
and also on the Exchange’s internet the trading of options.6
39 U.S.C. 3642, 39 CFR part 3015, and website at http://boxoptions.com. The Exchange proposes to amend its
39 CFR part 3020, subpart B. Comment rules as it relates to usage of the term
deadline(s) for each request appear in II. Self-Regulatory Organization’s
Statement of the Purpose of, and ‘‘Options Participant’’ as follows:
section II. • The Exchange proposes to replace
Statutory Basis for, the Proposed Rule
II. Docketed Proceeding(s) Change ‘‘Options Participant’’ with
‘‘Participant’’ in Rule 100(a)(4) which
1. Docket No(s).: MC2018–212 and In its filing with the Commission, the defines associated person or a person
CP2018–294; Filing Title: USPS Request self-regulatory organization included associated with a Participant.
to Add Priority Mail Express Contract statements concerning the purpose of,
64 to Competitive Product List and and basis for, the proposed rule change 3 For example, Exchange rules dealing with
Notice of Filing Materials Under Seal; and discussed any comments it received membership apply to all Participants of the
Filing Acceptance Date: August 21, on the proposed rule change. The text Exchange as opposed to rules related to trading on
of these statements may be examined at BOX, which is product-specific.
2018; Filing Authority: 39 U.S.C. 3642, 4 BOX is an options trading facility of the
the places specified in Item IV below.
amozie on DSK3GDR082PROD with NOTICES1
39 CFR 3020.30 et seq., and 39 CFR Exchange.
The self-regulatory organization has 5 See Nasdaq ISE Rule 100(a)(30) defining a
3015.5; Public Representative: Curtis E.
prepared summaries, set forth in Member as an organization that has been approved
Kidd; Comments Due: August 29, 2018.
Sections A, B, and C below, of the most to exercise trading rights associated with Exchange
significant aspects of such statements. Rights.
1 See Docket No. RM2018–3, Order Adopting 6 The Exchange notes that the Options facility is
Final Rules Relating to Non-Public Information, the only facility of the Exchange. If the Exchange
1 15 U.S.C. 78s(b)(1).
June 27, 2018, Attachment A at 19–22 (Order No. decides trade other products it will first file a
4679). 2 17 CFR 240.19b–4. proposal with the Commission.
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![Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices 43713
for 30 days from the date on which it Commission, and all written net asset value (‘‘NAV’’); (c) certain
was filed, or such shorter time as the communications relating to the Funds to pay redemption proceeds,
Commission may designate if consistent proposed rule change between the under certain circumstances, more than
with the protection of investors and the Commission and any person, other than seven days after the tender of shares for
public interest, provided that the self- those that may be withheld from the redemption; (d) certain affiliated
regulatory organization has given the public in accordance with the persons of a Fund to deposit securities
Commission written notice of its intent provisions of 5 U.S.C. 552, will be into, and receive securities from, the
to file the proposed rule change at least available for website viewing and Fund in connection with the purchase
five business days prior to the date of printing in the Commission’s Public and redemption of Creation Units; (e)
filing of the proposed rule change or Reference Room, on official business certain registered management
such shorter time as designated by the days between the hours of 10:00 a.m. investment companies and unit
Commission,19 the proposed rule and 3:00 p.m., located at 100 F Street investment trusts outside of the same
change has become effective pursuant to NE, Washington, DC 20549. Copies of group of investment companies as the
Section 19(b)(3)(A) of the Act 20 and such filing also will be available for Funds (‘‘Funds of Funds’’) to acquire
Rule 19b–4(f)(6) thereunder.21 inspection and copying at the principal shares of the Funds; and (f) certain
At any time within 60 days of the office of the Exchange. All comments Funds to issue Shares in less than
filing of the proposed rule change, the received will be posted without change. Creation Unit size to investors
Commission summarily may Persons submitting comments are participating in a distribution
temporarily suspend such rule change if cautioned that we do not redact or edit reinvestment program.
it appears to the Commission that such personal identifying information from APPLICANTS: Cushing ETF Trust (the
action is necessary or appropriate in the comment submissions. You should ‘‘Trust’’), a Delaware statutory trust
public interest, for the protection of submit only information that you wish which will register under the Act as an
investors, or otherwise in furtherance of to make available publicly. All open-end management investment
the purposes of the Act. If the submissions should refer to File company with multiple series, Cushing
Commission takes such action, the Number SR–BOX–2018–27 and should Asset Management, LP (the ‘‘Adviser’’),
Commission shall institute proceedings be submitted on or before September 17, a Texas limited partnership registered as
to determine whether the proposed rule 2018. an investment adviser under the
should be approved or disapproved. For the Commission, by the Division of Investment Advisers Act of 1940, and
Trading and Markets, pursuant to delegated Quasar Distributors, LLC (the
IV. Solicitation of Comments authority.22 ‘‘Distributor’’), a Delaware limited
Interested persons are invited to Eduardo A. Aleman, liability company and broker-dealer
submit written data, views and Assistant Secretary. registered under the Securities
arguments concerning the foregoing, [FR Doc. 2018–18426 Filed 8–24–18; 8:45 am] Exchange Act of 1934 (‘‘Exchange Act’’).
including whether the proposed rule BILLING CODE 8011–01–P FILING DATES: The application was filed
change is consistent with the Act. on June 8, 2018 and amended on July
Comments may be submitted by any of 25, 2018.
the following methods: SECURITIES AND EXCHANGE HEARING OR NOTIFICATION OF HEARING: An
Electronic Comments COMMISSION order granting the requested relief will
be issued unless the Commission orders
• Use the Commission’s internet [Investment Company Act Release No.
a hearing. Interested persons may
comment form (http://www.sec.gov/ 33206; 812–14918]
request a hearing by writing to the
rules/sro.shtml); or Commission’s Secretary and serving
Cushing Asset Management, LP et al.
• Send an email to rule-comments@
applicants with a copy of the request,
sec.gov. Please include File Number SR– August 21, 2018. personally or by mail. Hearing requests
BOX–2018–27 on the subject line. AGENCY: Securities and Exchange should be received by the Commission
Paper Comments Commission (‘‘Commission’’). by 5:30 p.m. on September 17, 2018,
ACTION: Notice. and should be accompanied by proof of
• Send paper comments in triplicate
to Secretary, Securities and Exchange Notice of an application for an order service on applicants, in the form of an
Commission, 100 F Street NE, under section 6(c) of the Investment affidavit, or for lawyers, a certificate of
Washington, DC 20549–1090. Company Act of 1940 (the ‘‘Act’’) for an service. Pursuant to rule 0–5 under the
exemption from sections 2(a)(32), Act, hearing requests should state the
All submissions should refer to File
5(a)(1), 22(d), and 22(e) of the Act and nature of the writer’s interest, any facts
Number SR–BOX–2018–27. This file
rule 22c–1 under the Act, under bearing upon the desirability of a
number should be included on the
sections 6(c) and 17(b) of the Act for an hearing on the matter, the reason for the
subject line if email is used. To help the
exemption from sections 17(a)(1) and request, and the issues contested.
Commission process and review your
17(a)(2) of the Act, and under section Persons who wish to be notified of a
comments more efficiently, please use
12(d)(1)(J) for an exemption from hearing may request notification by
only one method. The Commission will
sections 12(d)(1)(A) and 12(d)(1)(B) of writing to the Commission’s Secretary.
post all comments on the Commission’s
internet website (http://www.sec.gov/ the Act. The requested order would ADDRESSES: Secretary, Securities and
rules/sro.shtml). Copies of the permit (a) index-based series of certain Exchange Commission, 100 F Street NE,
submission, all subsequent open-end management investment Washington, DC 20549–1090;
amozie on DSK3GDR082PROD with NOTICES1
amendments, all written statements companies (‘‘Funds’’) to issue shares Applicants: The Trust and the Adviser,
with respect to the proposed rule redeemable in large aggregations 8117 Preston Road, Suite 440, Dallas,
change that are filed with the (‘‘Creation Units’’); (b) secondary market Texas 75225, and the Distributor, 777
transactions in Fund shares to occur at East Wisconsin Avenue, 6th Floor,
19 The Exchange has fulfilled this requirement. negotiated market prices rather than at Milwaukee, Wisconsin 53202.
20 15 U.S.C. 78s(b)(3)(A). FOR FURTHER INFORMATION CONTACT:
21 17 CFR 240.19b–4(f)(6). 22 17 CFR 200.30–3(a)(12). Benjamin Kalish, Attorney-Adviser, at
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Document Created: 2018-08-25 01:49:17
Document Modified: 2018-08-25 01:49:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 83 FR 43711 |
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