[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61614-61615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27994]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82374; File No. SR-NYSEArca-2017-36]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of 
Withdrawal of a Proposed Rule Change, as Modified by Amendment No. 1, 
To Adopt NYSE Arca Rule 8.900-E To Permit Listing and Trading of 
Managed Portfolio Shares and To List and Trade Shares of the Royce 
Pennsylvania ETF, Royce Premier ETF, and Royce Total Return ETF Under 
Proposed NYSE Arca Rule 8.900-E

December 21, 2017.
    On April 14, 2017, NYSE Arca, Inc. (``Exchange'') filed with the 
Securities and Exchange Commission (``Commission''), pursuant to 
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Exchange 
Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to: (1) 
Adopt NYSE Arca Rule 8.900-E (Managed Portfolio Shares); and (2) list 
and trade shares of the Royce Pennsylvania ETF, Royce Premier ETF, and 
Royce Total Return ETF under proposed NYSE Arca Rule 8.900-E. The 
proposed rule change was published for comment in the Federal Register 
on May 4, 2017.\3\ On June 15, 2017, pursuant to Section 19(b)(2) of 
the Exchange Act,\4\ the Commission designated a longer period within 
which to approve the proposed rule change, disapprove the proposed rule 
change, or institute proceedings to determine whether to disapprove the 
proposed rule change.\5\ The Commission received four comments on the 
proposed rule change.\6\ On July 31, 2017, the Commission instituted 
proceedings under Section 19(b)(2)(B) of the Exchange Act \7\ to 
determine whether to approve or disapprove the proposed rule change.\8\ 
Thereafter, the Commission received eight additional comments on the 
proposed rule change.\9\ On October 30, 2017, the Commission designated 
a longer period for action on the proposed rule change.\10\ On December 
5, 2017, the Exchange filed Amendment No. 1 to the proposed rule change 
(``Amendment No. 1''), which replaced and superseded the proposed rule 
change in its entirety.\11\ Thereafter, the Commission received three 
additional comment letters on the proposed rule change, as modified by 
Amendment No. 1.\12\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 80553 (April 28, 
2017), 82 FR 20932.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 80935, 82 FR 28152 
(June 20, 2017). The Commission designated August 2, 2017, as the 
date by which it should approve or disapprove, or institute 
proceedings to determine whether to disapprove, the proposed rule 
change.
    \6\ See Letter from Gary L. Gastineau, President, ETF 
Consultants.com, Inc., to Brent J. Fields, Secretary, Commission, 
dated May 24, 2017; Letter from Todd J. Broms, Chief Executive 
Officer, Broms & Company LLC, to Brent J. Fields, Secretary, 
Commission, dated May 25, 2017; Letter from James J. Angel, 
Associate Professor of Finance, Georgetown University, McDonough 
School of Business, to the Commission, dated May 25, 2017; and 
Letter from Terence W. Norman, Founder, Blue Tractor Group, LLC, to 
Brent J. Fields, Secretary, Commission, dated July 18, 2017. The 
comment letters are available on the Commission's website at: 
https://www.sec.gov/comments/sr-nysearca-2017-36/nysearca201736.htm.
    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ See Securities Exchange Act Release No. 81267, 82 FR 36510 
(August 4, 2017).
    \9\ See Letter from Mark Criscitello, Chairman, Precidian Funds 
LLC, to Brent J. Fields, Secretary, Commission, dated October 11, 
2017; Letter from Daniel J. McCabe, Chief Executive, Precidian 
Investments, to Brent J. Fields, Secretary, Commission, dated 
October 12, 2017; Letter from Joseph A. Sullivan, Chairman and Chief 
Executive Officer, Legg Mason, Inc., to Brent J. Fields, Secretary, 
Commission, dated October 12, 2017; Letter from Andrew M. Gross, 
Jr., to Jay Clayton, Chairman, Commission, dated October 16, 2017; 
Letter from Terence W. Norman, Founder, Blue Tractor Group, LLC, to 
Brent J. Fields, Secretary, Commission, dated October 31, 2017; 
Letter from Simon P. Goulet, Co-Founder, Blue Tractor Group, LLC, to 
Brent J. Fields, Secretary, Commission, dated November 16, 2017; 
Letter from Simon P. Goulet, Co-Founder, Blue Tractor Group, LLC, to 
Brent J. Fields, Secretary, Commission, dated November 22, 2017; and 
Letter from Terence W. Norman, Founder, Blue Tractor Group, LLC, to 
Brent J. Fields, Secretary, Commission, dated November 29, 2017. The 
comment letters are available on the Commission's website at: 
https://www.sec.gov/comments/sr-nysearca-2017-36/nysearca201736.htm.
    \10\ See Securities Exchange Act Release No. 81977, 82 FR 51311 
(November 3, 2017). The Commission designated December 30, 2017, as 
the date by which the Commission must either approve or disapprove 
the proposed rule change.
    \11\ Amendment No. 1 to the proposed rule change is available at 
https://www.sec.gov/comments/sr-nysearca-2017-36/nysearca201736-2759313-161597.pdf.
    \12\ See Letter from Terence W. Norman, Founder, Blue Tractor 
Group, LLC, to Brent J. Fields, Secretary, Commission, dated 
December 12, 2017; Letter from Kevin S. Haeberle, Associate 
Professor of Law, William & Mary Law School, to Brent J. Fields, 
Secretary, Commission, dated December 15, 2017; and Letter from Gary 
L. Gastineau, President, ETF Consultants.com, Inc., to Brent J. 
Fields, Secretary, Commission, dated December 18, 2017. The comment 
letters are available on the Commission's website at: https://www.sec.gov/comments/sr-nysearca-2017-36/nysearca201736.htm.
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    On December 20, 2017, the Exchange withdrew the proposed rule 
change (SR-NYSEArca-2017-36), as modified by Amendment No. 1.


[[Page 61615]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-27994 Filed 12-27-17; 8:45 am]
BILLING CODE 8011-01-P


