Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 5735, 26205-26206 [2017-11505]
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
should submit only information that
you wish to make available publicly.
All submissions should refer to File
Number SR–GEMX–2017–21 and
should be submitted on or before June
27, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–11610 Filed 6–5–17; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–80810; File No. SR–
NASDAQ–2017–052]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend Rule
5735
May 30, 2017.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on May 24,
2017, The NASDAQ Stock Market LLC
(‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to correct rule
language added by a previous filing 3
that, in part, amended Nasdaq Rule
5735 (Managed Fund Shares).
The text of the proposed rule change
is available on the Exchange’s Web site
at https://nasdaq.cchwallstreet.com, at
the principal office of the Exchange, and
at the Commission’s Public Reference
Room.
mstockstill on DSK30JT082PROD with NOTICES
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 80708
(May 17, 2017), 82 FR 23690 (May 23, 2017) (SR–
NASDAQ–2017–040).
1 15
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20:52 Jun 05, 2017
Jkt 241001
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
SECURITIES AND EXCHANGE
COMMISSION
9 17
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
Earlier this year, the Commission
approved a Nasdaq filing (the ‘‘Initial
Filing’’) to amend, among other things,
the continued listing requirements for
exchange-traded products (‘‘ETPs’’) in
the Nasdaq Rule 5700 Series.4
Subsequently, the Exchange submitted a
filing 5 (the ‘‘Subsequent Filing’’)
containing a number of housekeeping
and conforming changes to the Initial
Filing. The proposed amendment makes
a correction to language added as part
of the Subsequent Filing.
Specifically, the Exchange proposes to
correct under the applicability section
of Nasdaq Rule 5735(b)(1) (Managed
Fund Shares) 6 that any of the
statements or representations regarding
not just the description of the portfolio,
but also of reference assets, among other
things, will constitute continued listing
requirements for listing of shares. This
correction will result in the language
mirroring that added by the Subsequent
Filing in the initial and continued
listing requirements section of Nasdaq
Rule 5735 7 as intended.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,8 in general, and furthers the
objectives of Section 6(b)(5) of the Act,9
in particular, in that it is designed to
promote just and equitable principles of
trade, to remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and, in general to protect
investors and the public interest.
The Exchange believes that the
proposed rule change to correct Nasdaq
Rule 5735(b)(1) to require that any of the
statements or representations regarding
4 See Securities Exchange Act Release No. 79784
(Jan. 12, 2017), 82 FR 6664 (Jan. 19, 2017) (SR–
NASDAQ–2016–135).
5 Supra note 3.
6 See Nasdaq Rule 5735(b)(1).
7 See Nasdaq Rule 5735(d)(2)(C)(iv).
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(5).
PO 00000
Frm 00164
Fmt 4703
Sfmt 4703
26205
not just the description of the portfolio,
but also of reference assets, will
constitute continued listing
requirements for listing of shares will
provide clarity and accurately reflect the
intent of the rule to the benefit of
investors and the public interest.
For these reasons, Nasdaq believes the
proposed rule change is consistent with
the requirements of Section 6(b)(5) of
the Act.
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, as amended.
The Exchange believes that the
proposed rule change may enhance
competition since it corrects and makes
more consistent the applicability of
listing requirements for ETPs.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) 10 of the Act and Rule 19b–
4(f)(6) thereunder.11
The Exchange has asked the
Commission to waive the 30-day
operative delay, making this proposal
operative upon filing. The Commission
believes that waiver of the operative
delay is consistent with the protection
of investors and the public interest. The
proposal will modify Nasdaq Rule
5735(b)(1) to provide that any of the
statements or representations regarding
not just the description of the portfolio,
but also the description of reference
assets, among other things, constitute
continued listing requirements for
Managed Fund Shares. This aligns the
10 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). As required under Rule
19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission.
11 17
E:\FR\FM\06JNN1.SGM
06JNN1
26206
Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
requirements in Nasdaq Rule 5735(b)(1)
with the requirements in Nasdaq Rule
5735(d)(2)(C)(iv) 12 and ensures that the
listing requirements for Managed Fund
Shares are consistent across the
Exchange’s rules, reducing potential
investor confusion. Therefore, the
Commission designates the proposed
rule change to be operative upon
filing.13
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is: (i) Necessary or appropriate in
the public interest; (ii) for the protection
of investors; or (iii) otherwise in
furtherance of the purposes of the Act.
If the Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2017–052 on the subject line.
mstockstill on DSK30JT082PROD with NOTICES
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NASDAQ–2017–052. 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 Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
12 See Securities Exchange Act Release No. 79784,
supra note 4.
13 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f). The
Commission notes that the changes in the
Subsequent Filing become operative on October 1,
2017. See Securities Exchange Act Release No.
80708, supra note 3, at 23691. Since this filing
proposes to modify rule text in the Subsequent
Filing, the change proposed herein will also be
operative October 1, 2017.
VerDate Sep<11>2014
20:52 Jun 05, 2017
Jkt 241001
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 Web site 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 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;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NASDAQ–2017–052 and should be
submitted on or before June 27, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–11505 Filed 6–5–17; 8:45 am]
BILLING CODE 8011–01–P
[Public Notice: 10023]
Notice of Determinations; Culturally
Significant Objects Imported for
Exhibition Determinations: ‘‘Mystical
Symbolism: The Salon de la
Rose+Croix in Paris, 1892–1897’’
Exhibition
Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), E.O. 12047 of March 27, 1978, the
Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, Delegation of Authority
No. 236–3 of August 28, 2000 (and, as
appropriate, Delegation of Authority No.
257–1 of December 11, 2015), I hereby
determine that certain objects to be
included in the exhibition ‘‘Mystical
Symbolism: The Salon de la Rose+Croix
in Paris, 1892–1897’’ imported from
abroad for temporary exhibition within
the United States, are of cultural
14 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00165
Fmt 4703
Sfmt 4703
Alyson Grunder,
Deputy Assistant Secretary for Policy, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2017–11645 Filed 6–5–17; 8:45 am]
BILLING CODE 4710–05–P
DEPARTMENT OF STATE
[Public Notice: 10024]
Notice of Determinations; Culturally
Significant Objects Imported for
´
Exhibition Determinations: ‘‘Cristobal
de Villalpando: Mexican Painter of the
Baroque’’ Exhibition
DEPARTMENT OF STATE
SUMMARY:
significance. The objects are imported
pursuant to loan agreements with the
foreign owners or custodians. I also
determine that the exhibition or display
of the exhibit objects at the Solomon R.
Guggenheim Museum, New York, New
York, from on or about June 30, 2017,
until on or about October 4, 2017, and
at possible additional exhibitions or
venues yet to be determined, is in the
national interest. I have ordered that
Public Notice of these Determinations
be published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: For
further information, including a list of
the imported objects, contact the Office
of Public Diplomacy and Public Affairs
in the Office of the Legal Adviser, U.S.
Department of State (telephone: 202–
632–6471; email: section2459@
state.gov). The mailing address is U.S.
Department of State, L/PD, SA–5, Suite
5H03, Washington, DC 20522–0505.
Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), E.O. 12047 of March 27, 1978, the
Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, Delegation of Authority
No. 236–3 of August 28, 2000 (and, as
appropriate, Delegation of Authority No.
257–1 of December 11, 2015), I hereby
determine that certain objects to be
´
included in the exhibition ‘‘Cristobal de
Villalpando: Mexican Painter of the
Baroque,’’ imported from abroad for
temporary exhibition within the United
States, are of cultural significance. The
objects are imported pursuant to loan
agreements with the foreign owners or
custodians. I also determine that the
exhibition or display of the exhibit
objects at The Metropolitan Museum of
Art, New York, New York, from on or
about July 17, 2017, until on or about
October 15, 2017, and at possible
additional exhibitions or venues yet to
SUMMARY:
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26205-26206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11505]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-80810; File No. SR-NASDAQ-2017-052]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rule 5735
May 30, 2017.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 24, 2017, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\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 correct rule language added by a previous
filing \3\ that, in part, amended Nasdaq Rule 5735 (Managed Fund
Shares).
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 80708 (May 17,
2017), 82 FR 23690 (May 23, 2017) (SR-NASDAQ-2017-040).
---------------------------------------------------------------------------
The text of the proposed rule change is available on the Exchange's
Web site at https://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
Earlier this year, the Commission approved a Nasdaq filing (the
``Initial Filing'') to amend, among other things, the continued listing
requirements for exchange-traded products (``ETPs'') in the Nasdaq Rule
5700 Series.\4\ Subsequently, the Exchange submitted a filing \5\ (the
``Subsequent Filing'') containing a number of housekeeping and
conforming changes to the Initial Filing. The proposed amendment makes
a correction to language added as part of the Subsequent Filing.
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 79784 (Jan. 12,
2017), 82 FR 6664 (Jan. 19, 2017) (SR-NASDAQ-2016-135).
\5\ Supra note 3.
---------------------------------------------------------------------------
Specifically, the Exchange proposes to correct under the
applicability section of Nasdaq Rule 5735(b)(1) (Managed Fund Shares)
\6\ that any of the statements or representations regarding not just
the description of the portfolio, but also of reference assets, among
other things, will constitute continued listing requirements for
listing of shares. This correction will result in the language
mirroring that added by the Subsequent Filing in the initial and
continued listing requirements section of Nasdaq Rule 5735 \7\ as
intended.
---------------------------------------------------------------------------
\6\ See Nasdaq Rule 5735(b)(1).
\7\ See Nasdaq Rule 5735(d)(2)(C)(iv).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\8\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\9\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that the proposed rule change to correct
Nasdaq Rule 5735(b)(1) to require that any of the statements or
representations regarding not just the description of the portfolio,
but also of reference assets, will constitute continued listing
requirements for listing of shares will provide clarity and accurately
reflect the intent of the rule to the benefit of investors and the
public interest.
For these reasons, Nasdaq believes the proposed rule change is
consistent with the requirements of Section 6(b)(5) of the Act.
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, as amended. The Exchange
believes that the proposed rule change may enhance competition since it
corrects and makes more consistent the applicability of listing
requirements for ETPs.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) \10\ of the Act and Rule 19b-
4(f)(6) thereunder.\11\
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------
The Exchange has asked the Commission to waive the 30-day operative
delay, making this proposal operative upon filing. The Commission
believes that waiver of the operative delay is consistent with the
protection of investors and the public interest. The proposal will
modify Nasdaq Rule 5735(b)(1) to provide that any of the statements or
representations regarding not just the description of the portfolio,
but also the description of reference assets, among other things,
constitute continued listing requirements for Managed Fund Shares. This
aligns the
[[Page 26206]]
requirements in Nasdaq Rule 5735(b)(1) with the requirements in Nasdaq
Rule 5735(d)(2)(C)(iv) \12\ and ensures that the listing requirements
for Managed Fund Shares are consistent across the Exchange's rules,
reducing potential investor confusion. Therefore, the Commission
designates the proposed rule change to be operative upon filing.\13\
---------------------------------------------------------------------------
\12\ See Securities Exchange Act Release No. 79784, supra note
4.
\13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f). The Commission notes that the changes in the Subsequent
Filing become operative on October 1, 2017. See Securities Exchange
Act Release No. 80708, supra note 3, at 23691. Since this filing
proposes to modify rule text in the Subsequent Filing, the change
proposed herein will also be operative October 1, 2017.
---------------------------------------------------------------------------
At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NASDAQ-2017-052 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NASDAQ-2017-052. 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 Web site (https://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 Web site 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 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2017-052 and should
be submitted on or before June 27, 2017.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------
\14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-11505 Filed 6-5-17; 8:45 am]
BILLING CODE 8011-01-P