Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Amend a Representation Made in a Proposed Rule Change Previously Approved by the Commission Relating to the Listing and Trading of the iShares Inflation Hedged Corporate Bond ETF, 26531-26533 [2018-12196]
Download as PDF
Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Notices
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83363; File No. SR–
CboeBZX–2018–036]
Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change to Amend a
Representation Made in a Proposed
Rule Change Previously Approved by
the Commission Relating to the Listing
and Trading of the iShares Inflation
Hedged Corporate Bond ETF
June 1, 2018.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on May 24,
2018, Cboe BZX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BZX’’) 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 filed a proposal to
amend a representation made in a
proposed rule change previously
approved by the Commission relating to
the listing and trading of the iShares
Inflation Hedged Corporate Bond ETF
(the ‘‘Fund’’).
The text of the proposed rule change
is available at the Exchange’s website at
www.markets.cboe.com, at the principal
office of the Exchange, and at the
Commission’s Public Reference Room.
sradovich on DSK3GMQ082PROD 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
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 parts of such
statements.
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
VerDate Sep<11>2014
17:19 Jun 06, 2018
Jkt 244001
26531
in Inflation Hedging Instruments,
collectively, in a manner that may not
comply with Rules 14.11(i)(4)(C)(iv)(a),
14.11(i)(4)(C)(iv)(b), and/or 14.11(i)(4)(C)(v),
as discussed above.
1. Purpose
The shares of the Fund (the ‘‘Shares’’)
were approved for listing and trading on
the Exchange under Rule 14.11(i),
which governs the listing and trading of
Managed Fund Shares.3 The Shares
have commenced trading on the
Exchange. The Fund is a series of the
iShares U.S. ETF Trust (the ‘‘Trust’’),
which was established as a Delaware
statutory trust on June 21, 2011.
BlackRock Fund Advisors (the
‘‘Adviser’’) is the investment adviser to
the Fund. The Trust is registered with
the Commission as an open-end
management investment company and
has filed a registration statement on
behalf of the Fund on Form N–1A
(‘‘Registration Statement’’) with the
Commission.4
The Exchange proposes to amend a
representation made in the Approval
Order such that the representation that
limits Fund holdings in Inflation
Hedging Instruments 5 to 50% of the
weight of its portfolio (including gross
notional exposure) would instead limit
the Fund’s holdings in Inflation
Hedging Instruments to 60% of the
weight of its portfolio (including gross
notional exposure). While the Fund
generally expects to have approximately
50% of the weight of its portfolio
(including gross notional exposure) in
Inflation Hedging Instruments, the
Adviser would prefer to allow the Fund
the flexibility to increase to 60% in
order to allow for potential market
movement in the Fund’s holdings.
Specifically, the Exchange is proposing
to change the sentence that reads:
The Exchange is proposing to replace
that sentence with the following:
The Exchange is proposing to allow the
Fund to hold up to 50% of the weight of its
portfolio (including gross notional exposure)
3 See Securities Exchange Act Release No. 82591
(January 26, 2018), 83 FR 4707 (February 1, 2018)
(SR–BatsBZX–2017–54) (the ‘‘Approval Order’’).
4 See Registration Statement on Form N–1A for
the Trust, dated April 6, 2018 (File Nos. 333–
179904 and 811–22649). The descriptions of the
Fund and the Shares contained herein are based, in
part, on information in the Registration Statement.
The Commission has issued an order granting
certain exemptive relief to the Company under the
Investment Company Act of 1940 (15 U.S.C. 80a–
1) (‘‘1940 Act’’) (the ‘‘Exemptive Order’’). See
Investment Company Act Release No. 29571
(January 24, 2011) (File No. 812–13601).
5 As defined in the Approval Order, Inflation
Hedging Instruments include only the following
instruments: OTC or listed inflation swaps (i.e.,
contracts in which the Fund will make fixed-rate
payments based on notional amount while
receiving floating-rate payments determined from
an inflation index), Treasury Inflation-Protected
Securities, total return swaps, credit default swaps,
interest rate swaps, and U.S. Treasury futures.
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
The Exchange is proposing to allow the
Fund to hold up to 60% of the weight of its
portfolio (including gross notional exposure)
in Inflation Hedging Instruments,
collectively, in a manner that may not
comply with Rules 14.11(i)(4)(C)(iv)(a),
14.11(i)(4)(C)(iv)(b), and/or 14.11(i)(4)(C)(v),
as discussed above.
The Exchange believes that this
proposed change is a non-controversial
change because it is intended only to
provide the Adviser with additional
flexibility within the Fund’s portfolio to
hedge inflation risk associated with its
exposure to corporate bonds. The
Fund’s investment objective and
investment strategy are not changing.
Further to this point, all other
representations in the Approval Order
that constitute Continued Listing
Representations 6 for the Fund remain
true and will apply on a continuous
basis, consistent with Rule 14.11 and
the proposed change to the
representation above will be a
Continued Listing Representation for
the Fund going forward. The Exchange
also notes that the statements in the
filing that formed the basis for the
Commission approving the Fund for
listing and trading remain true. As such,
the Exchange believes that the proposal
does not raise any substantive issues
that were not previously addressed in
the Approval Order.
2. Statutory Basis
The Exchange believes that the
proposal is consistent with Section 6(b)
of the Act 7 in general and Section
6(b)(5) of the Act 8 in particular in that
it is designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to remove impediments to, and
perfect the mechanism of a free and
open market and, in general, to protect
investors and the public interest.
Specifically, the Exchange believes that
the proposal is designed to prevent
fraudulent and manipulative acts and
6 As defined in Rule 14.11(a), the term
‘‘Continued Listing Representations’’ means any of
the statements or representations regarding the
index composition, the description of the portfolio
or reference assets, limitations on portfolio holdings
or reference assets, dissemination and availability
of index, reference asset, and intraday indicative
values (as applicable), or the applicability of
Exchange listing rules specified in any filing to list
a series of Other Securities.
7 15 U.S.C. 78f.
8 15 U.S.C. 78f(b)(5).
E:\FR\FM\07JNN1.SGM
07JNN1
26532
Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Notices
practices, to promote just and equitable
principles of trade, to remove
impediments to, and perfect the
mechanism of a free and open market
and, in general, to protect investors and
the public interest.
As described above, all of the
Continued Listing Representations
which formed the basis for the
Commission approving the Approval
Order remain true and will continue to
constitute Continued Listing
Representations for the Fund with the
exception of the single representation
that the Exchange is proposing to
amend, which, as amended, will be a
Continued Listing Representation for
the Fund going forward. This proposed
change will only provide the Adviser
with additional flexibility within the
Fund’s portfolio to hedge inflation risk
associated with its exposure to
corporate bonds. The Fund’s investment
objective and investment strategy are
not changing. As such, the Exchange
believes that the proposal does not raise
any substantive issues that were not
previously addressed in the Approval
Order.
Based on the foregoing, the Exchange
believes that the proposal is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to remove
impediments to and perfect the
mechanism of a free and open market
and a national market system, and, in
general, to protect investors and the
public interest because there are no
substantive issues raised by this
proposal that were not otherwise
addressed by the Approval Order.
sradovich on DSK3GMQ082PROD with NOTICES
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
Exchange believes that adding the
flexibility to fully implement the Fund’s
hedging strategy will have no impact on
competition.
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 written comments on the
proposed rule change.
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
VerDate Sep<11>2014
17:19 Jun 06, 2018
Jkt 244001
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A)(iii) of the Act 9 and
subparagraph (f)(6) of Rule 19b–4
thereunder.10
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 11 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 12
permits the Commission to designate a
shorter time if such action is consistent
with the protection of investors and the
public interest. The Exchange has asked
the Commission to waive the 30-day
operative delay so that the proposed
rule change may become effective and
operative immediately upon filing. The
Exchange states that waiver of the
operative delay would permit the
Adviser of the Fund to immediately
employ the Adviser’s strategy for
hedging against inflation risk.
According to the Exchange, this hedging
strategy will best allow the Fund to
achieve its investment objective and
employ its investment strategy.
The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest. The
proposal raises no new novel issues.
Moreover, as the noted above, apart
from increasing the Fund’s holdings in
Inflation Hedging Instruments to 60% of
the weight of its portfolio (including
gross notional exposure), all other
representations in the Approval Order
that constitute Continued Listing
Representations for the Fund would
remain true and will apply on a
continuous basis. Further, the proposed
change to the representation above will
be a Continued Listing Representation
for the Fund going forward.
Accordingly, the Commission hereby
waives the operative delay and
designates the proposal operative upon
filing.13
At any time within 60 days of the
filing of the proposed rule change, the
9 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
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. The Exchange has satisfied this
requirement.
11 17 CFR 240.19b–4(f)(6).
12 17 CFR 240.19b–4(f)(6)(iii).
13 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
10 17
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is: (i) Necessary or appropriate in
the public interest; (ii) for the protection
of investors; or (iii) otherwise in
furtherance of the purposes of the Act.
If the Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposal 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–
CboeBZX–2018–036 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–CboeBZX–2018–036. 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 (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 website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing will also 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
E:\FR\FM\07JNN1.SGM
07JNN1
Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Notices
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–CboeBZX–2018–036 and
should be submitted on or before June
28, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–12196 Filed 6–6–18; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #15544 and #15545;
VIRGINIA Disaster Number VA–00071]
Administrative Declaration of a
Disaster for the Commonwealth of
VIRGINIA
U.S. Small Business
Administration.
ACTION: Notice.
AGENCY:
This is a notice of an
Administrative declaration of a disaster
for the Commonwealth of Virginia dated
05/30/2018.
Incident: Severe Storm and
Tornadoes.
Incident Period: 04/15/2018.
DATES: Issued on 05/30/2018.
Physical Loan Application Deadline
Date: 07/30/2018.
Economic Injury (EIDL) Loan
Application Deadline Date: 03/04/2019.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW, Suite 6050,
Washington, DC 20416, (202) 205–6734.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
Administrator’s disaster declaration,
applications for disaster loans may be
filed at the address listed above or other
locally announced locations.
The following areas have been
determined to be adversely affected by
the disaster:
Primary Counties: Lynchburg City
Contiguous Counties:
Virginia: Amherst, Bedford, Campbell.
The Interest Rates are:
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
14 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
17:19 Jun 06, 2018
Jkt 244001
26533
to become effective immediately.2
According to DCR, a lease and operation
For Physical Damage:
agreement providing for its common
Homeowners With Credit Availcarrier service on the Line is being
able Elsewhere ......................
3.625 finalized and executed.
Homeowners Without Credit
DCR states that the proposed lease
Available Elsewhere ..............
1.813
Businesses With Credit Availand operation of the Line does not
able Elsewhere ......................
7.160 involve any provision or agreement that
Businesses
Without
Credit
would limit future interchange with a
Available Elsewhere ..............
3.580
third-party connecting carrier. DCR
Non-Profit Organizations With
Credit Available Elsewhere ...
2.500 certifies that its projected annual
revenues from freight operations will
Non-Profit Organizations Withnot result in the creation of a Class II or
out Credit Available Elsewhere .....................................
2.500 Class I rail carrier.
For Economic Injury:
Under 49 CFR 1150.42(b), a change in
Businesses & Small Agricultural
operators requires that notice be given
Cooperatives Without Credit
Available Elsewhere ..............
3.580 to shippers. DCR certifies that it has
provided notice of the proposed change
Non-Profit Organizations Without Credit Available Elsein operator to the shippers on the Line.3
where .....................................
2.500
If the verified notice contains false or
misleading information, the exemption
The number assigned to this disaster
is void ab initio. Petitions to revoke the
for physical damage is 15544C and for
exemption under 49 U.S.C. 10502(d)
economic injury is 155450.
may be filed at any time. The filing of
The State which received an EIDL
a petition to revoke will not
Declaration # is Virginia.
automatically stay the effectiveness of
(Catalog of Federal Domestic Assistance
the exemption.
Number 59008)
An original and 10 copies of all
Dated: May 30, 2018.
pleadings, referring to Docket No. FD
Linda E. McMahon,
36196, must be filed with the Surface
Administrator.
Transportation Board, 395 E Street SW,
[FR Doc. 2018–12185 Filed 6–6–18; 8:45 am]
Washington, DC 20423–0001. In
BILLING CODE 8025–01–P
addition, a copy of each pleading must
be served on DCR’s representative,
Thomas J. Litwiler, Fletcher & Sippel
SURFACE TRANSPORTATION BOARD
LLC, 29 North Wacker Drive, Suite 920,
[Docket No. FD 36196]
Chicago, IL 60606–2832.
According to DCR, this action is
Delmarva Central Railroad Company—
excluded from environmental review
Change in Operator Exemption—
under 49 CFR 1105.6(c) and from
Cassatt Management, LLC d/b/a Bay
historic preservation reporting
Coast Railroad
requirements under 49 CFR
Delmarva Central Railroad Company
1105.8(b)(1).
(DCR), a Class III rail carrier, has filed
Board decisions and notices are
a verified notice of exemption under 49
available on our website at
CFR 1150.41 to assume operations over
WWW.STB.GOV.
an approximately 14.8-mile rail line
Decided: June 4, 2018. By the Board, Scott
owned by Canonie Atlantic Co. (CAC)
M. Zimmerman, Acting Director, Office of
on behalf of the AccomackProceedings.
Northampton Transportation District
Commission (ANTDC) from milepost
Jeffrey Herzig,
30.9 in Pocomoke City, Md., to milepost Clearance Clerk.
45.7 in Hallwood, Va. (the Line).
[FR Doc. 2018–12308 Filed 6–6–18; 8:45 am]
DCR states that the Line has been
BILLING CODE 4915–01–P
operated by Cassatt Management, LLC
d/b/a Bay Coast Railroad (BCR).1 DCR
2 The petition for waiver will be addressed in a
states that BCR has ceased operation of
separate decision.
the Line and does not object to the
3 DCR certifies that on May 17, 2018, it posted
proposed change in operators. DCR has
notice of the transaction at the workplace of the
then-current BCR employees on the Line as
concurrently filed a petition for waiver
required under 49 CFR 1150.42(e). DCR states that
of the 30-day period specified under 49
BCR employees are not represented by any labor
CFR 1150.42(b) to allow the exemption
union. In addition to waiver of the 30-day effective
Percent
1 See
Cassatt Management, LLC d/b/a Bay Coast
R.R.—Lease & Operation Exemption—Canonie
Atlantic Co. on behalf of ANTDC, FD 34818 (STB
served Feb. 6, 2006).
PO 00000
Frm 00124
Fmt 4703
Sfmt 9990
date requirement, DCR’s petition seeks waiver of
the full 60-day labor notice requirement, in order
for the exemption to become effective immediately.
As noted above, the petition for waiver will be
addressed in a separate decision.
E:\FR\FM\07JNN1.SGM
07JNN1
Agencies
[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Notices]
[Pages 26531-26533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12196]
[[Page 26531]]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-83363; File No. SR-CboeBZX-2018-036]
Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Amend a
Representation Made in a Proposed Rule Change Previously Approved by
the Commission Relating to the Listing and Trading of the iShares
Inflation Hedged Corporate Bond ETF
June 1, 2018.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 24, 2018, Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'')
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 filed a proposal to amend a representation made in a
proposed rule change previously approved by the Commission relating to
the listing and trading of the iShares Inflation Hedged Corporate Bond
ETF (the ``Fund'').
The text of the proposed rule change is available at the Exchange's
website at www.markets.cboe.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 parts of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The shares of the Fund (the ``Shares'') were approved for listing
and trading on the Exchange under Rule 14.11(i), which governs the
listing and trading of Managed Fund Shares.\3\ The Shares have
commenced trading on the Exchange. The Fund is a series of the iShares
U.S. ETF Trust (the ``Trust''), which was established as a Delaware
statutory trust on June 21, 2011. BlackRock Fund Advisors (the
``Adviser'') is the investment adviser to the Fund. The Trust is
registered with the Commission as an open-end management investment
company and has filed a registration statement on behalf of the Fund on
Form N-1A (``Registration Statement'') with the Commission.\4\
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 82591 (January 26,
2018), 83 FR 4707 (February 1, 2018) (SR-BatsBZX-2017-54) (the
``Approval Order'').
\4\ See Registration Statement on Form N-1A for the Trust, dated
April 6, 2018 (File Nos. 333-179904 and 811-22649). The descriptions
of the Fund and the Shares contained herein are based, in part, on
information in the Registration Statement. The Commission has issued
an order granting certain exemptive relief to the Company under the
Investment Company Act of 1940 (15 U.S.C. 80a-1) (``1940 Act'') (the
``Exemptive Order''). See Investment Company Act Release No. 29571
(January 24, 2011) (File No. 812-13601).
---------------------------------------------------------------------------
The Exchange proposes to amend a representation made in the
Approval Order such that the representation that limits Fund holdings
in Inflation Hedging Instruments \5\ to 50% of the weight of its
portfolio (including gross notional exposure) would instead limit the
Fund's holdings in Inflation Hedging Instruments to 60% of the weight
of its portfolio (including gross notional exposure). While the Fund
generally expects to have approximately 50% of the weight of its
portfolio (including gross notional exposure) in Inflation Hedging
Instruments, the Adviser would prefer to allow the Fund the flexibility
to increase to 60% in order to allow for potential market movement in
the Fund's holdings. Specifically, the Exchange is proposing to change
the sentence that reads:
---------------------------------------------------------------------------
\5\ As defined in the Approval Order, Inflation Hedging
Instruments include only the following instruments: OTC or listed
inflation swaps (i.e., contracts in which the Fund will make fixed-
rate payments based on notional amount while receiving floating-rate
payments determined from an inflation index), Treasury Inflation-
Protected Securities, total return swaps, credit default swaps,
interest rate swaps, and U.S. Treasury futures.
The Exchange is proposing to allow the Fund to hold up to 50% of
the weight of its portfolio (including gross notional exposure) in
Inflation Hedging Instruments, collectively, in a manner that may
not comply with Rules 14.11(i)(4)(C)(iv)(a), 14.11(i)(4)(C)(iv)(b),
---------------------------------------------------------------------------
and/or 14.11(i)(4)(C)(v), as discussed above.
The Exchange is proposing to replace that sentence with the following:
The Exchange is proposing to allow the Fund to hold up to 60% of
the weight of its portfolio (including gross notional exposure) in
Inflation Hedging Instruments, collectively, in a manner that may
not comply with Rules 14.11(i)(4)(C)(iv)(a), 14.11(i)(4)(C)(iv)(b),
and/or 14.11(i)(4)(C)(v), as discussed above.
The Exchange believes that this proposed change is a non-
controversial change because it is intended only to provide the Adviser
with additional flexibility within the Fund's portfolio to hedge
inflation risk associated with its exposure to corporate bonds. The
Fund's investment objective and investment strategy are not changing.
Further to this point, all other representations in the Approval Order
that constitute Continued Listing Representations \6\ for the Fund
remain true and will apply on a continuous basis, consistent with Rule
14.11 and the proposed change to the representation above will be a
Continued Listing Representation for the Fund going forward. The
Exchange also notes that the statements in the filing that formed the
basis for the Commission approving the Fund for listing and trading
remain true. As such, the Exchange believes that the proposal does not
raise any substantive issues that were not previously addressed in the
Approval Order.
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\6\ As defined in Rule 14.11(a), the term ``Continued Listing
Representations'' means any of the statements or representations
regarding the index composition, the description of the portfolio or
reference assets, limitations on portfolio holdings or reference
assets, dissemination and availability of index, reference asset,
and intraday indicative values (as applicable), or the applicability
of Exchange listing rules specified in any filing to list a series
of Other Securities.
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2. Statutory Basis
The Exchange believes that the proposal is consistent with Section
6(b) of the Act \7\ in general and Section 6(b)(5) of the Act \8\ in
particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to, and perfect the
mechanism of a free and open market and, in general, to protect
investors and the public interest. Specifically, the Exchange believes
that the proposal is designed to prevent fraudulent and manipulative
acts and
[[Page 26532]]
practices, to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
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\7\ 15 U.S.C. 78f.
\8\ 15 U.S.C. 78f(b)(5).
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As described above, all of the Continued Listing Representations
which formed the basis for the Commission approving the Approval Order
remain true and will continue to constitute Continued Listing
Representations for the Fund with the exception of the single
representation that the Exchange is proposing to amend, which, as
amended, will be a Continued Listing Representation for the Fund going
forward. This proposed change will only provide the Adviser with
additional flexibility within the Fund's portfolio to hedge inflation
risk associated with its exposure to corporate bonds. The Fund's
investment objective and investment strategy are not changing. As such,
the Exchange believes that the proposal does not raise any substantive
issues that were not previously addressed in the Approval Order.
Based on the foregoing, the Exchange believes that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest because there are no substantive issues raised by this
proposal that were not otherwise addressed by the Approval Order.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes that
adding the flexibility to fully implement the Fund's hedging strategy
will have no impact on competition.
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 written comments on
the proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \9\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
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\9\ 15 U.S.C. 78s(b)(3)(A)(iii).
\10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give 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.
The Exchange has satisfied this requirement.
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A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \11\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposed rule change may become effective and operative immediately
upon filing. The Exchange states that waiver of the operative delay
would permit the Adviser of the Fund to immediately employ the
Adviser's strategy for hedging against inflation risk. According to the
Exchange, this hedging strategy will best allow the Fund to achieve its
investment objective and employ its investment strategy.
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\11\ 17 CFR 240.19b-4(f)(6).
\12\ 17 CFR 240.19b-4(f)(6)(iii).
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The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
The proposal raises no new novel issues. Moreover, as the noted above,
apart from increasing the Fund's holdings in Inflation Hedging
Instruments to 60% of the weight of its portfolio (including gross
notional exposure), all other representations in the Approval Order
that constitute Continued Listing Representations for the Fund would
remain true and will apply on a continuous basis. Further, the proposed
change to the representation above will be a Continued Listing
Representation for the Fund going forward. Accordingly, the Commission
hereby waives the operative delay and designates the proposal operative
upon filing.\13\
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\13\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposal 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 [email protected]. Please include
File Number SR-CboeBZX-2018-036 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-CboeBZX-2018-036. 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 (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing will also 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
[[Page 26533]]
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CboeBZX-2018-036 and should
be submitted on or before June 28, 2018.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-12196 Filed 6-6-18; 8:45 am]
BILLING CODE 8011-01-P