83 FR 4718 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a Proposed Rule Change To List and Trade Shares of the Perth Mint Physical Gold ETF Trust Pursuant to NYSE Arca Rule 8.201-E
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 22 (February 1, 2018)
Federal Register Volume 83, Issue 22 (February 1, 2018)
| Page Range | 4718-4720 | |
| FR Document | 2018-01953 |
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)] [Notices] [Pages 4718-4720] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01953] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82593; File No. SR-NYSEArca-2017-140] Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a Proposed Rule Change To List and Trade Shares of the Perth Mint Physical Gold ETF Trust Pursuant to NYSE Arca Rule 8.201-E January 26, 2018. I. Introduction On December 11, 2017, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade shares (``Shares'') of the Perth Mint Physical Gold ETF Trust (``Trust'') under NYSE Arca Equities Rule 8.201-E. The proposed rule change was published for comment in the Federal Register on December 28, 2017.\3\ The Commission has not received any comments on the proposed rule change. This order approves the proposed rule change. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ See Securities Exchange Act Release No. 82372 (Dec. 21, 2017), 82 FR 61601 (``Notice''). --------------------------------------------------------------------------- II. The Description of the Proposed Rule Change \4\ --------------------------------------------------------------------------- \4\ A more detailed description of the Trust and the Shares, as well as investment risks, Share creation procedures for authorized participants, Share redemption procedures for authorized participants and certain beneficial owners, NAV calculation, availability of information and fees, among other things, is included in the Registration Statement, infra note 5. --------------------------------------------------------------------------- The Exchange proposes to list and trade the Shares under NYSE Arca Equities Rule 8.201-E,\5\ which governs the listing and trading of Commodity-Based Trust Shares on the Exchange.\6\ The Shares will represent units of fractional undivided beneficial interest in and ownership of the Trust. The Trust's primary objective will be to provide investors with an opportunity to invest in gold through the Shares, have the gold securely stored by Gold Corporation and, if requested by an investor, deliver Physical Gold \7\ to such investor in exchange for its Shares.\8\ --------------------------------------------------------------------------- \5\ On August 30, 2017, the Trust submitted to the Commission its draft registration statement on Form S-1 (``Registration Statement'') under the Securities Act of 1933 (15 U.S.C. 77a). \6\ A ``Commodity-Based Trust Share'' is a security (a) that is issued by a trust that holds a specified commodity deposited with the trust; (b) that is issued by such trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity; and (c) that, when aggregated in the same specified minimum number, may be redeemed at a holder's request by such trust which will deliver to the redeeming holder the quantity of the underlying commodity. See NYSE Arca Equities Rule 8.201(c)(1). \7\ ``Physical Gold'' is defined as London Bars and all gold products without numismatic value and having a gold purity of at least 99.5% (including coins, cast bars and minted bars). \8\ According to the Registration Statement, the Trust does not trade in gold futures contracts on COMEX or on any other futures exchange. Because the Trust does not trade in gold futures contracts on any futures exchange, the Trust is not regulated by the CFTC under the Commodity Exchange Act as a ``commodity pool,'' and is not operated by a CFTC-regulated commodity pool operator. Investors in the Trust do not receive the regulatory protections afforded to investors in regulated commodity pools, nor may COMEX or any futures exchange enforce its rules with respect to the Trust's activities. In addition, investors in the Trust do not benefit from the protections afforded to investors in gold futures contracts on regulated futures exchanges. --------------------------------------------------------------------------- The sponsors of the Trust will be Gold Corporation (``Custodial Sponsor'') and Exchange Traded Concepts, LLC (``ETC'' or the ``Administrative Sponsor'' and, together with the Custodial Sponsor, the ``Sponsors'') \9\ and Gold Corporation will also serve as custodian of the Trust's gold bullion (in such capacity, ``Custodian'').\10\ --------------------------------------------------------------------------- \9\ Gold Corporation, doing business as the Perth Mint, is a Western Australian Government owned statutory body corporate established by the Gold Corporation Act 1987 (Western Australia). ETC is an Oklahoma limited liability company majority owned by Cottonwood ETF Holdings LLC. ETC is a registered investment adviser and provides investment advisory services to domestic and international equity and fixed income ETFs. \10\ As Custodian of the Trust's gold bullion, Gold Corporation will be responsible for the safekeeping of the Trust's gold and supplying inventory information to the Trustee and the Sponsors. The Custodian will also be responsible for facilitating the transfer of gold in and out of the Trust and facilitating the shipment of Physical Gold to Delivery any beneficial owner (who is not an authorized participant) who wishes to surrender Shares in exchange for Physical Gold. --------------------------------------------------------------------------- III. Discussion and Commission Findings After careful review, the Commission finds that the Exchange's proposed rule change to list and trade the Shares is consistent with the Act and the rules and regulations thereunder applicable to a national securities exchange.\11\ In particular, the Commission finds that the proposal is consistent with Section 11A(a)(1)(C)(iii) of the Act,\12\ which sets forth Congress' finding that it is in the public interest and appropriate for the protection of investors and the maintenance of fair and orderly markets to assure the availability to brokers, dealers, and investors of information with respect to quotations for and transactions in securities. The last-sale price for the Shares will be disseminated over the Consolidated Tape. 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.\13\ --------------------------------------------------------------------------- \11\ In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). \12\ 15 U.S.C. 78k-1(a)(1)(C)(iii). \13\ The Exchange states that 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. See Notice, supra note 3, 82 FR at 61605. --------------------------------------------------------------------------- Additionally, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Exchange Act,\14\ which requires, among other things, that the Exchange's rules be designed to prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, to remove impediments to and [[Page 4719]] perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The Commission notes that the Exchange has surveillance-sharing agreements with significant, regulated markets for trading futures on gold. Specifically, according to the Exchange: (1) The most significant gold futures exchanges in the U.S. is COMEX, a subsidiary of New York Mercantile Exchange, Inc., and a subsidiary of the Chicago Mercantile Exchange Group (``CME Group''); (2) ICE Futures US (``ICE'') also lists gold futures; \15\ and (3) the CME Group and ICE are members of the ISG,\16\ which will allow NYSE Arca to obtain surveillance information from COMEX and ICE. Both COMEX and ICE are regulated by the U.S. Commodity Futures Trading Commission (``CFTC'').\17\ The gold futures market is of significant size and liquidity.\18\ --------------------------------------------------------------------------- \14\ 15 U.S.C. 78f(b)(5). \15\ See Notice, supra note 3, 82 FR at 61603. \16\ See id. \17\ See https://www.theice.com/futures-us/regulation (``ICE Futures U.S. is a Designated Contract Market pursuant to the Commodity Exchange Act and regulated by the CFTC.''); Securities Exchange Act Release No. 68440 (December 14, 2012), 78 FR 75468, 75469 (December 20, 2012) (SR-NYSEArca-2012-28) (COMEX is regulated by the CFTC). \18\ The Commission further notes that it has approved the listing and trading of other Commodity-Based Trust Shares overlying gold. See, e.g., Securities Exchange Act Release No. 81918 (October 23, 2017), 82 FR 49884 (October 27, 2017) (SR-NYSEArca-2017-98); Securities Exchange Act Release No. 71378 (January 23, 2014), 79 FR 71378 (January 29, 2014) (SR-NYSEArca-2013-137); and Securities Exchange Act Release No. 70195 (August 14, 2013, 2013), 78 FR 51239 (August 20, 2013) (SR-NYSEArca-2013-61). --------------------------------------------------------------------------- The Commission believes that the proposed rule change is reasonably designed to promote fair disclosure of information that may be necessary to price the Shares appropriately. NYSE Arca Equities Rule 8.201(e)(2)(v) requires that an intraday indicative value (``IIV,'' which is referred to in the rule as the ``Indicative Trust Value'') be calculated and disseminated at least every 15 seconds. 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. The Exchange states that 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.\19\ 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.\20\ The Trust also will publish the following information on their website: (1) The mid-point of the bid-ask price as of the close of trading (``Bid/Ask Price''), and a calculation of the premium or discount of such price against such NAV; (2) 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; (3) the Trust's prospectus, as well as the two most recent reports to stockholders; and (4) the last- sale price of the Shares as traded in the U.S. market.\21\ 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. --------------------------------------------------------------------------- \19\ See Notice, supra note 3, 82 FR at 61607. \20\ See id. \21\ See id. at 61606. --------------------------------------------------------------------------- The Commission also believes that the proposal is reasonably designed to prevent trading when a reasonable degree of transparency cannot be assured. 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.\22\ The Exchange will halt trading in the Shares if the NAV of the Trust is not calculated or disseminated daily.\23\ The Exchange may halt trading during the day in which an interruption occurs to the dissemination of the IIV; 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.\24\ --------------------------------------------------------------------------- \22\ See id. \23\ See id. \24\ See id. --------------------------------------------------------------------------- Additionally, the Commission notes that market makers in the Shares will be subject to the requirements of NYSE Arca Equities Rule 8.201- E(g), which are designed to allow the Exchange to ensure that they do not use their positions to violate the requirements of Exchange rules or applicable federal securities laws.\25\ --------------------------------------------------------------------------- \25\ Commentary .04 of NYSE Arca Equities Rule 6.3 requires that an ETP Holder acting as a registered market maker in the Shares, and its affiliates, 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. --------------------------------------------------------------------------- In support of this proposal, the Exchange has made the following additional representations: (1) The Shares will be listed and traded on the Exchange pursuant to the initial and continued listing criteria in NYSE Arca Equities Rule 8.201-E.\26\ --------------------------------------------------------------------------- \26\ See id. --------------------------------------------------------------------------- (2) The Exchange has appropriate rules to facilitate transactions in the Shares during all trading sessions.\27\ --------------------------------------------------------------------------- \27\ See id. --------------------------------------------------------------------------- (3) The Exchange deems the Shares to be equity securities.\28\ --------------------------------------------------------------------------- \28\ See id. The Commission notes that, as a result, trading of the Shares will be subject to the Exchange's existing rules governing the trading of equity securities. --------------------------------------------------------------------------- (4) The Exchange also has a general policy prohibiting the distribution of material, non-public information by its employees.\29\ --------------------------------------------------------------------------- \29\ See id. at 61607. --------------------------------------------------------------------------- (5) Trading in the Shares will be subject to the existing trading surveillances administered by the Exchange, as well as cross-market surveillances administered by FINRA on behalf of the Exchange, which are designed to detect violations of Exchange rules and applicable federal securities laws, and 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.\30\ --------------------------------------------------------------------------- \30\ See id. at 61606. 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. See id. at 61606, n.39. --------------------------------------------------------------------------- (6) 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 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 [[Page 4720]] 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.\31\ --------------------------------------------------------------------------- \31\ See id. at 61606. --------------------------------------------------------------------------- (7) 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.\32\ --------------------------------------------------------------------------- \32\ See id. at 61607. --------------------------------------------------------------------------- (8) 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.\33\ --------------------------------------------------------------------------- \33\ See id. See also NYSE Arca Rule 8.201-E(e)(2)(vii). --------------------------------------------------------------------------- (9) 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(m).\34\ --------------------------------------------------------------------------- \34\ See Notice, supra note 3, at 61607. --------------------------------------------------------------------------- This approval order is based on all of the Exchange's representations--including those set forth above and in the Notice--and the Exchange's description of the Trust. For the foregoing reasons, the Commission finds that the proposed rule change is consistent with Sections 6(b)(5) and 11A(a)(1)(C)(iii) of the Act \35\ and the rules and regulations thereunder applicable to a national securities exchange. --------------------------------------------------------------------------- \35\ 15 U.S.C. 78f(b)(5) and 15 U.S.C. 78k-1(a)(1)(C)(iii), respectively. --------------------------------------------------------------------------- IV. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Exchange Act,\36\ that the proposed rule change (SR-NYSEArca-2017-140), be, and it hereby is, approved. --------------------------------------------------------------------------- \36\ 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\37\ Robert W. Errett, Deputy Secretary. --------------------------------------------------------------------------- \37\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- [FR Doc. 2018-01953 Filed 1-31-18; 8:45 am] BILLING CODE 8011-01-P
![4718 Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices
SEC No. Full legal name
801–106839 .............................................................................................................. FUNDAMENTAL MANAGERS LLC.
801–107261 .............................................................................................................. GRAHAM WEALTH ADVISORS, LLC.
801–108797 .............................................................................................................. BETASMARTZ ADVISORY LLC.
801–110135 .............................................................................................................. VEST TECHNOLOGIES, INC.
[FR Doc. 2018–01948 Filed 1–31–18; 8:45 am] The Shares will represent units of III. Discussion and Commission
BILLING CODE 8011–01–P fractional undivided beneficial interest Findings
in and ownership of the Trust. The After careful review, the Commission
Trust’s primary objective will be to finds that the Exchange’s proposed rule
SECURITIES AND EXCHANGE provide investors with an opportunity change to list and trade the Shares is
COMMISSION to invest in gold through the Shares, consistent with the Act and the rules
[Release No. 34–82593; File No. SR– have the gold securely stored by Gold and regulations thereunder applicable to
NYSEArca–2017–140] Corporation and, if requested by an a national securities exchange.11 In
investor, deliver Physical Gold 7 to such particular, the Commission finds that
Self-Regulatory Organizations; NYSE investor in exchange for its Shares.8 the proposal is consistent with Section
Arca, Inc.; Order Approving a 11A(a)(1)(C)(iii) of the Act,12 which sets
Proposed Rule Change To List and The sponsors of the Trust will be Gold
forth Congress’ finding that it is in the
Trade Shares of the Perth Mint Corporation (‘‘Custodial Sponsor’’) and
public interest and appropriate for the
Physical Gold ETF Trust Pursuant to Exchange Traded Concepts, LLC (‘‘ETC’’ protection of investors and the
NYSE Arca Rule 8.201–E or the ‘‘Administrative Sponsor’’ and, maintenance of fair and orderly markets
together with the Custodial Sponsor, the to assure the availability to brokers,
January 26, 2018. ‘‘Sponsors’’) 9 and Gold Corporation will dealers, and investors of information
I. Introduction also serve as custodian of the Trust’s with respect to quotations for and
gold bullion (in such capacity, transactions in securities. The last-sale
On December 11, 2017, NYSE Arca, ‘‘Custodian’’).10
Inc. (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed price for the Shares will be
disseminated over the Consolidated
with the Securities and Exchange
issued by such trust in a specified aggregate Tape. There is a considerable amount of
Commission (‘‘Commission’’), pursuant minimum number in return for a deposit of a information about gold and gold
to Section 19(b)(1) of the Securities quantity of the underlying commodity; and (c) that, markets available on public websites
Exchange Act of 1934 (‘‘Act’’) 1 and Rule when aggregated in the same specified minimum
number, may be redeemed at a holder’s request by and through professional and
19b–4 thereunder,2 a proposed rule
such trust which will deliver to the redeeming subscription services. Investors may
change to list and trade shares
holder the quantity of the underlying commodity. obtain gold pricing information on a 24-
(‘‘Shares’’) of the Perth Mint Physical See NYSE Arca Equities Rule 8.201(c)(1). hour basis based on the spot price for an
Gold ETF Trust (‘‘Trust’’) under NYSE 7 ‘‘Physical Gold’’ is defined as London Bars and
ounce of gold from various financial
Arca Equities Rule 8.201–E. The all gold products without numismatic value and
information service providers.13
proposed rule change was published for having a gold purity of at least 99.5% (including
Additionally, the Commission finds
comment in the Federal Register on coins, cast bars and minted bars).
8 According to the Registration Statement, the that the proposed rule change is
December 28, 2017.3 The Commission Trust does not trade in gold futures contracts on consistent with Section 6(b)(5) of the
has not received any comments on the COMEX or on any other futures exchange. Because Exchange Act,14 which requires, among
proposed rule change. This order the Trust does not trade in gold futures contracts other things, that the Exchange’s rules
approves the proposed rule change. on any futures exchange, the Trust is not regulated
be designed to prevent fraudulent and
by the CFTC under the Commodity Exchange Act
II. The Description of the Proposed as a ‘‘commodity pool,’’ and is not operated by a manipulative acts and practices,
Rule Change 4 CFTC-regulated commodity pool operator. Investors promote just and equitable principles of
in the Trust do not receive the regulatory trade, to remove impediments to and
The Exchange proposes to list and protections afforded to investors in regulated
trade the Shares under NYSE Arca commodity pools, nor may COMEX or any futures 11 In approving this proposed rule change, the
Equities Rule 8.201–E,5 which governs exchange enforce its rules with respect to the
Commission has considered the proposed rule’s
Trust’s activities. In addition, investors in the Trust
the listing and trading of Commodity- do not benefit from the protections afforded to
impact on efficiency, competition, and capital
Based Trust Shares on the Exchange.6 formation. See 15 U.S.C. 78c(f).
investors in gold futures contracts on regulated 12 15 U.S.C. 78k–1(a)(1)(C)(iii).
futures exchanges. 13 The Exchange states that Reuters and
1 15 U.S.C. 78s(b)(1). 9 Gold Corporation, doing business as the Perth
Bloomberg, for example, provide at no charge on
2 17 CFR 240.19b–4. Mint, is a Western Australian Government owned their websites delayed information regarding the
3 See Securities Exchange Act Release No. 82372 statutory body corporate established by the Gold spot price of Gold and last sale prices of gold
(Dec. 21, 2017), 82 FR 61601 (‘‘Notice’’). Corporation Act 1987 (Western Australia). ETC is futures, as well as information about news and
4 A more detailed description of the Trust and the an Oklahoma limited liability company majority developments in the gold market. Reuters and
Shares, as well as investment risks, Share creation owned by Cottonwood ETF Holdings LLC. ETC is Bloomberg also offer a professional service to
procedures for authorized participants, Share a registered investment adviser and provides subscribers for a fee that provides information on
redemption procedures for authorized participants investment advisory services to domestic and gold prices directly from market participants.
and certain beneficial owners, NAV calculation, international equity and fixed income ETFs. Complete real-time data for gold futures and
availability of information and fees, among other 10 As Custodian of the Trust’s gold bullion, Gold
options prices traded on the COMEX are available
sradovich on DSK3GMQ082PROD with NOTICES
things, is included in the Registration Statement, Corporation will be responsible for the safekeeping by subscription from Reuters and Bloomberg. There
infra note 5. of the Trust’s gold and supplying inventory are a variety of other public websites providing
5 On August 30, 2017, the Trust submitted to the information to the Trustee and the Sponsors. The information on gold, ranging from those
Commission its draft registration statement on Form Custodian will also be responsible for facilitating specializing in precious metals to sites maintained
S–1 (‘‘Registration Statement’’) under the Securities the transfer of gold in and out of the Trust and by major newspapers. In addition, the LBMA Gold
Act of 1933 (15 U.S.C. 77a). facilitating the shipment of Physical Gold to Price is publicly available at no charge at
6 A ‘‘Commodity-Based Trust Share’’ is a security Delivery any beneficial owner (who is not an www.lbma.org.uk. See Notice, supra note 3, 82 FR
(a) that is issued by a trust that holds a specified authorized participant) who wishes to surrender at 61605.
commodity deposited with the trust; (b) that is Shares in exchange for Physical Gold. 14 15 U.S.C. 78f(b)(5).
VerDate Sep<11>2014 19:34 Jan 31, 2018 Jkt 244001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1](https://thefederalregister.org/doc/83_FR_4740/page/1.svg)
![4720 Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices
Exchange may obtain information For the foregoing reasons, the review may be obtained from the
regarding trading in the Shares from Commission finds that the proposed Agency Clearance Officer.
markets and other entities that are rule change is consistent with Sections SUPPLEMENTARY INFORMATION: Lenders
members of ISG or with which the 6(b)(5) and 11A(a)(1)(C)(iii) of the Act 35 requesting SBA to purchase the
Exchange has in place a comprehensive and the rules and regulations guaranty portion of a loan are required
surveillance sharing agreement.31 thereunder applicable to a national to supply the Agency with a certified
(7) Prior to the commencement of securities exchange. transcript of the loan account. This form
trading, the Exchange will inform its is uniform and convenient means for
ETP Holders in an Information Bulletin IV. Conclusion
lenders to report and certify loan
of the special characteristics and risks It is therefore ordered, pursuant to accounts to purchase by SBA. The
associated with trading the Shares. Section 19(b)(2) of the Exchange Act,36 Agency uses the information to
Specifically, the Information Bulletin that the proposed rule change (SR– determine date of loan default and
will discuss the following: (1) The NYSEArca–2017–140), be, and it hereby whether Lender disbursed and serviced
procedures for purchases and is, approved. the loan according to Loan Guaranty
redemptions of Shares in Baskets For the Commission, by the Division of agreement.
(including noting that Shares are not Trading and Markets, pursuant to delegated Solicitation of Public Comments:
individually redeemable); (2) NYSE authority.37 Comments may be submitted on (a)
Arca Rule 9.2–E(a), which imposes a Robert W. Errett, whether the collection of information is
duty of due diligence on its ETP Holders Deputy Secretary. necessary for the agency to properly
to learn the essential facts relating to [FR Doc. 2018–01953 Filed 1–31–18; 8:45 am] perform its functions; (b) whether the
every customer prior to trading the burden estimates are accurate; (c)
BILLING CODE 8011–01–P
Shares; (3) how information regarding whether there are ways to minimize the
the IIV is disseminated; (4) the burden, including through the use of
requirement that ETP Holders deliver a automated techniques or other forms of
prospectus to investors purchasing SMALL BUSINESS ADMINISTRATION
information technology; and (d) whether
newly issued Shares prior to or there are ways to enhance the quality,
Reporting and Recordkeeping
concurrently with the confirmation of a utility, and clarity of the information.
Requirements under OMB Review
transaction; (5) the possibility that Summary of Information Collections:
trading spreads and the resulting AGENCY: Small Business Administration. (1) Title: Lender’s Transcript of
premium or discount on the Shares may ACTION: 30-Day notice. Account.
widen as a result of reduced liquidity of Description of Respondents: SBA
gold trading during the Core and Late SUMMARY: The Small Business Lenders.
Trading Sessions after the close of the Administration (SBA) is publishing this Form Number: SBA Form 1149.
major world gold markets; and (6) notice to comply with requirements of Estimated Annual Respondents:
trading information.32 the Paperwork Reduction Act (PRA), 1,000.
(8) All statements and representations which requires agencies to submit Estimated Annual Responses: 15,000.
made in this filing regarding (a) the proposed reporting and recordkeeping Estimated Annual Hour Burden:
description of the portfolio, (b) requirements to OMB for review and 30,000.
limitations on portfolio holdings or approval, and to publish a notice in the
Curtis B. Rich,
reference assets, or (c) the applicability Federal Register notifying the public
of Exchange listing rules specified in Management Analyst.
that the agency has made such a
this rule filing shall constitute submission. This notice also allows an [FR Doc. 2018–01994 Filed 1–31–18; 8:45 am]
continued listing requirements for additional 30 days for public comments. BILLING CODE 8025–01–P
listing the Shares of the Trust on the DATES: Submit comments on or before
Exchange.33 March 5, 2018.
(9) The issuer has represented to the SMALL BUSINESS ADMINISTRATION
ADDRESSES: Comments should refer to
Exchange that it will advise the
Exchange of any failure by the Trust to the information collection by name and/ Reporting and Recordkeeping
comply with the continued listing or OMB Control Number and should be Requirements Under OMB Review
requirements, and, pursuant to its sent to: Agency Clearance Officer, Curtis
Rich, Small Business Administration, AGENCY: Small Business Administration.
obligations under Section 19(g)(1) of the ACTION: 30-Day notice.
Act, the Exchange will monitor for 409 3rd Street, SW, 5th Floor,
compliance with the continued listing Washington, DC 20416; and SBA Desk
SUMMARY: The Small Business
requirements. If the Trust is not in Officer, Office of Information and
Administration (SBA) is publishing this
compliance with the applicable listing Regulatory Affairs, Office of
notice to comply with requirements of
requirements, the Exchange will Management and Budget, New
the Paperwork Reduction Act
commence delisting procedures under Executive Office Building, Washington,
(PRA),which requires agencies to submit
NYSE Arca Rule 5.5(m).34 DC 20503.
proposed reporting and recordkeeping
This approval order is based on all of FOR FURTHER INFORMATION CONTACT: requirements to OMB for review and
the Exchange’s representations— Curtis Rich, Agency Clearance Officer, approval, and to publish a notice in the
including those set forth above and in (202) 205–7030 curtis.rich@sba.gov. Federal Register notifying the public
sradovich on DSK3GMQ082PROD with NOTICES
the Notice—and the Exchange’s Copies: A copy of the Form OMB 83– that the agency has made such a
description of the Trust. 1, supporting statement, and other submission. This notice also allows an
documents submitted to OMB for additional 30 days for public comments.
31 See id. at 61606. DATES: Submit comments on or before
32 See id. at 61607. 35 15 U.S.C. 78f(b)(5) and 15 U.S.C. 78k–
33 See id. See also NYSE Arca Rule 8.201– 1(a)(1)(C)(iii), respectively.
March 5, 2018.
E(e)(2)(vii). 36 15 U.S.C. 78s(b)(2). ADDRESSES: Comments should refer to
34 See Notice, supra note 3, at 61607. 37 17 CFR 200.30–3(a)(12). the information collection by name and/
VerDate Sep<11>2014 19:34 Jan 31, 2018 Jkt 244001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1](https://thefederalregister.org/doc/83_FR_4740/page/3.svg)
Document Created: 2018-10-26 13:46:28
Document Modified: 2018-10-26 13:46:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 83 FR 4718 |
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