30 Day Notice

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initial and continued listing of the
Shares.23
2. In the event (a) the Sponsor
becomes registered as a broker-dealer or
newly affiliated with a broker-dealer, or
(b) any new sponsor is a registered
broker-dealer or becomes affiliated with
a broker-dealer, it will implement and
maintain a fire wall with respect to its
relevant personnel or its broker-dealer
affiliate regarding access to information
concerning the composition and/or
changes to the Disclosed Portfolio.24
3. The Exchange has appropriate rules
to facilitate transactions in the Shares
during all trading sessions.25
4. Trading in the Shares will be
subject to the existing trading
surveillances administered by the
Exchange, as well as cross-market
surveillances administered by the
Financial Industry Regulatory Authority
(‘‘FINRA’’) on behalf of the Exchange,
and 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 applicable federal securities
laws.26
5. The Exchange or FINRA, on behalf
of the Exchange, or both, will
communicate as needed regarding
trading in the Shares and VIX Futures
with other markets or 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 and VIX Futures from such
markets or entities. In addition, the
Exchange may obtain information
regarding trading in the Shares and VIX
Futures from markets or other entities
that are members of ISG or with which
the Exchange has in place a
comprehensive surveillance sharing
agreement. FINRA, on behalf of the
Exchange, is able to access, as needed,
trade information for certain cash
equivalents held by the Fund reported
to FINRA’s Trade Reporting and
Compliance Engine.27
6. Prior to the commencement of
trading, the Exchange will inform its
ETP Holders in an Information Bulletin
(‘‘Bulletin’’) of the special
characteristics and risks associated with
trading the Shares. Specifically, the
Bulletin will discuss the following: (1)
The procedures for purchases and
redemptions of Shares (and 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) the requirement
that ETP Holders deliver a prospectus to
investors purchasing newly issued
Shares prior to or concurrently with the
confirmation of a transaction; (4) how
information regarding the IOPV and the
Disclosed Portfolio is disseminated; (5)
the risks involved in trading the Shares
during the opening and late trading
sessions when an updated IOPV will not
be calculated or publicly disseminated;
and (6) trading information.28
7. The Exchange represents that, for
the initial and continued listing of the
Shares, the Trust must be in compliance
with NYSE Arca Rule 5.3–E and Rule
10A–3 under the Act.29
8. A minimum of 100,000 Shares will
be outstanding at the start of trading on
the Exchange.30
9. All statements and representations
made in this filing regarding (a) the
description of the portfolio of the Fund,
(b) limitations on portfolio of the Fund,
or (c) the applicability of Exchange
listing rules specified in this rule filing
shall constitute continued listing
requirements for listing the Shares on
the Exchange.31
10. The issuer has represented to the
Exchange that it will advise the
Exchange of any failure by the Fund 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 Fund is not in
compliance with the applicable listing
requirements, the Exchange will
commence delisting procedures under
NYSE Arca Rule 5.5–E(m).32
This approval order is based on all of
the Exchange’s representations,
including those set forth above and in
the Notice.
For the foregoing reasons, the
Commission finds that the proposed
rule change is consistent with the Act 33
the rules and regulations thereunder
applicable to a national securities
exchange.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,34 that the
28 See

id. at 44647–44648.
id. at 44647.
30 See id. at 44647.
31 See id. at 44647.
32 See id. at 44647.
33 15 U.S.C. 78f(b)(5).
34 15 U.S.C. 78s(b)(2).
29 See

23 See

Notice, supra note 4, at 44647.
id. at 44644.
25 See id. at 44647.
26 See id. at 44647.
27 See id. at 44647.
24 See

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proposed rule change (SR–NYSEArca–
2019–55), be, and hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.35
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–22137 Filed 10–9–19; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736.
Extension:
Rule 19b–4 and Form 19b–4 Filings with
Respect to Proposed Rule Changes,
Securities-Based Swap Submissions, and
Advance Notices by Self-Regulatory
Organizations and the Security-Based
Swap Stay of Clearing Requirement; SEC
File No. 270–38, OMB Control No. 3235–
0045.

Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for approval of
extension of the of the previously
approved collection of information
provided for in Rule 19b–4 (17 CFR
240.19b–4), under the Securities
Exchange Act of 1934 (‘‘Act’’) (15 U.S.C.
78a et seq.).
Section 19(b) of the Act (15 U.S.C.
78s(b)) requires each self-regulatory
organization (‘‘SRO’’) to file with the
Commission copies of any proposed
rule, or any proposed change in,
addition to, or deletion from the rules of
such SRO. Rule 19b–4 implements the
requirements of Section 19(b) by
requiring the SROs to file their proposed
rule changes on Form 19b–4 and by
clarifying which actions taken by SROs
are subject to the filing requirement set
forth in Section 19(b). Rule 19b–4(n)
requires a designated clearing agency to
provide the Commission advance notice
(‘‘Advance Notice’’) of any proposed
change to its rules, procedures, or
operations that could materially affect
the nature or level of risks presented by
such clearing agency. Rule 19b–4(o)
requires a registered clearing agency to
submit for a Commission determination
any security-based swap, or any group,
35 17

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CFR 200.30–3(a)(12).

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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices
category, type, or class of security-based
swaps it plans to accept for clearing
(‘‘Security-Based Swap Submission’’),
and provide notice to its members of
such submissions.
The collection of information is
designed to provide the Commission
with the information necessary to
determine, as required by the Act,
whether the proposed rule change is
consistent with the Act and the rules
thereunder. The information is used to
determine if the proposed rule change
should be approved, disapproved,
suspended, or if proceedings should be
instituted to determine whether to
approve or disapprove the proposed
rule change.
The respondents to the collection of
information are SROs (as defined by
Section 3(a)(26) of the Act),1 including
national securities exchanges, national
securities associations, registered
clearing agencies, notice registered
securities future product exchanges, and
the Municipal Securities Rulemaking
Board.
In calendar year 2018, each
respondent filed an average of
approximately 39 proposed rule
changes. Each filing takes
approximately 41 hours to complete on
average. Thus, the total annual reporting
burden for filing proposed rule changes
with the Commission is 67,158 hours
(39 proposals per year × 42 SROs × 41
hours per filing) for the estimated future
number of 42 SROs.2 In addition to
filing their proposed rule changes with
the Commission, the respondents also
are required to post each of their
proposals on their respective websites, a
process that takes approximately four
hours to complete per proposal. Thus,
the total annual reporting burden on
respondents to post the proposals on
their websites is 6,552 hours (39
proposals per year × 42 SROs × 4 hours
per filing) for the estimated future
number of 42 SROs. Further, the
respondents are required to update their
rulebooks, which they maintain on their
websites, to reflect the changes that they
make in each proposal they file. The
total annual reporting burden for
updating online rulebooks is 5,579
hours ((1,638 filings per year ¥240
1 15

U.S.C. 78c(a)(26).
2018, there were 39 SROs. In May 2019, an
additional SRO registered with the Commission (as
a national securities exchange). The Commission
expects two additional respondents to register
during the three-year period for which this
Paperwork Reduction Act extension is applicable
(one as a registered clearing agency and one as a
national securities exchange), bringing the total
number of respondents to 42.
2 In

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withdrawn filings 3 ¥3 disapproved
filings 4) × 4 hours). Finally, a
respondent is required to notify the
Commission if it does not post a
proposed rule change on its website on
the same day that it filed the proposal
with the Commission. The Commission
estimates that SROs will fail to post
proposed rule changes on their websites
on the same day as the filing 16 times
a year (across all SROs), and that each
SRO will spend approximately one hour
preparing and submitting such notice to
the Commission, resulting in a total
annual burden of 16 hours (16 notices
× 1 hour per notice).
Designated clearing agencies have
additional information collection
burdens. As noted above, pursuant to
Rule 19b–4(n), a designated clearing
agency must file with the Commission
an Advance Notice of any proposed
change to its rules, procedures, or
operations that could materially affect
the nature or level of risks presented by
such designated clearing agency. The
Commission estimates that four
designated clearing agencies will each
submit five Advance Notices per year,
with each submission taking 90 hours to
complete. The total annual reporting
burden for filing Advance Notices is
therefore 2,250 hours (5 designated
clearing agencies × 5 Advance Notices
per year × 90 hours per response).
Designated clearing agencies are
required to post all Advance Notices to
their websites, each of which takes
approximately four hours to complete.
For five Advance Notices, the total
annual reporting burden for posting
them to respondents’ websites is 100
hours (5 designated clearing agencies ×
5 Advance Notices per year × 4 hours
per website posting). Respondents are
required to update the postings of those
Advance Notices that become effective,
each of which takes approximately four
hours to complete. The total annual
reporting burden for updating Advance
Notices on the respondents’ websites is
100 hours (5 designated clearing
agencies × 5 Advance Notices per year
× 4 hours per website posting).
Pursuant to Rule 19b–4(n)(5), the
respondents are also required to provide
copies of all materials submitted to the
Commission relating to an Advance
Notice to the Board of Governors of the
Federal Reserve System (‘‘Board’’)
contemporaneously with such
submission to the Commission, which is
3 For 39 SROs, 223 withdrawn filings equal
approximately 5.72 filings per SRO. For 42 SROs,
the figure would increase to 240 withdrawn filings.
4 For 39 SROs, three disapproved filings equal
approximately 0.08 filings per SRO. For 42 SROs,
the figure would remain at three disapproved
filings.

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54711

estimated to take two hours. The total
annual reporting burden for designated
clearing agencies to meet this
requirement is 50 hours (5 designated
clearing agencies × 5 Advance Notices
per year × 2 hours per response).
The Commission estimates that three
security-based swap clearing agencies
will each submit 20 Security-Based
Swap Submissions per year, with each
submission taking 140 hours to
complete resulting in a total annual
reporting burden of 8,400 hours (3
respondent clearing agencies × 20
Security-Based Swap Submissions per
year × 140 hours per response).
Respondent clearing agencies are
required to post all Security-Based
Swap Submissions to their websites,
each of which takes approximately four
hours to complete. For 20 SecurityBased Swap Submissions, the total
annual reporting burden for posting
them to the three respondents’ websites
is 240 hours (3 respondent clearing
agencies × 20 Security-Based Swap
Submissions per year × 4 hours per
website posting). In addition, three
clearing agencies that have not
previously posted Security-Based Swap
Submissions on their websites may need
to update their existing websites to post
such filings online. The Commission
estimates that each of these three
clearing agencies would spend
approximately 15 hours updating their
existing websites, resulting in a total
one-time burden of 45 hours (3
respondent clearing agencies × 15 hours
per website update) or 15 hours
annualized over three years.
Respondent SROs will also have to
provide training to staff members using
the Electronic Form 19b–4 Filing
System (‘‘EFFS’’) to submit SecurityBased Swap Submissions, Advance
Notices, and/or proposed rule changes
electronically. The Commission
estimates that one newly-registered
national securities exchange, one
anticipated national securities
exchange, and one anticipated clearing
agency will spend approximately 60
hours training all staff members who
will use EFFS to submit Security-Based
Swap Submissions, Advance Notices,
and/or proposed rule changes
electronically, or 20 hours annualized
over three years. The Commission also
estimates that these newly-registered
and anticipated SROs will have a onetime burden of 390 hours to draft and
implement internal policies and
procedures for using EFFS to make
these submissions, or 130 hours
annualized over three years. The
Commission estimates that each of the
42 respondents will spend 10 hours
each year training new compliance staff

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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices

members and updating the training of
existing compliance staff members to
use EFFS, for a total annual burden of
420 hours (42 respondent SROs × 10
hours).
In connection with Security-Based
Swap Submissions, counterparties may
apply for a stay from a mandatory
clearing requirement under Rule 3Ca–1.
The Commission estimates that each
clearing agency will submit five
applications for stays from a clearing
requirement per year and it will take
approximately 18 hours to retrieve,
review, and submit each application.
Thus, the total annual reporting burden
for the Rule 3Ca–1 stay of clearing
requirement would be 270 hours (3
respondent clearing agencies × 5 stay of
clearing applications per year × 18
hours to retrieve, review, and submit the
stay of clearing information).
Based on the above, the total
estimated annual response burden
pursuant to Rule 19b–4 and Form 19b–
4 is the sum of the total annual
reporting burdens for filing proposed
rule changes, Advance Notices, and
Security-Based Swap Submissions;
training staff to file such proposals;
drafting, modifying, and implementing
internal policies and procedures for
filing such proposals; posting each
proposal on the respondents’ websites;
updating websites to enable posting of
proposals; updating the respondents’
online rulebooks to reflect the proposals
that became effective; submitting copies
of Advance Notices to the Board; and
applying for stays from clearing
requirements, which is 91,300 hours.
Compliance with Rule 19b–4 is
mandatory. Information received in
response to Rule 19b–4 shall not be kept
confidential; the information collected
is public information.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
under the PRA unless it displays a
currently valid OMB control number.
The public may view background
documentation for this information
collection at the following website:
www.reginfo.gov. Comments should be
directed to: (i) Desk Officer for the
Securities and Exchange Commission,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503,
or by sending an email to:
[email protected]; and (ii)
Charles Riddle, Acting Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Cynthia
Roscoe, 100 F Street NE, Washington,
DC 20549, or by sending an email to:
[email protected]. Comments must

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be submitted to OMB within 30 days of
this notice.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–22222 Filed 10–9–19; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–87225; File No. SR–ICC–
2019–010]

Self-Regulatory Organizations; ICE
Clear Credit LLC; Notice of
Designation of Longer Period for
Commission Action on Proposed Rule
Change Relating to Amendments to
the ICC Clearing Rules To Address
Non-Default Losses
October 4, 2019.

On August 8, 2019, ICE Clear Credit
LLC (‘‘ICC’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (the ‘‘Act’’),1 and Rule 19b–4
thereunder,2 a proposed rule change to
make certain changes to ICC’s Clearing
Rules. The proposed rule change was
published for comment in the Federal
Register on August 28, 2019.3 The
Commission has received comments
regarding the proposed rule change.4
Section 19(b)(2) of the Act 5 provides
that within 45 days of the publication of
notice of the filing of a proposed rule
change, or within such longer period up
to 90 days as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or as to which the
self-regulatory organization consents,
the Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether the
proposed rule change should be
disapproved. The 45th day from the
publication of notice of filing of this
proposed rule change is October 12,
2019.
1 15

U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 Self-Regulatory Organizations; ICE Clear Credit
LLC; Proposed Rule Change, Security-Based Swap
Submission, or Advance Notice Relating to the ICC
Clearing Rules; Exchange Act Release No. 86729
(Aug. 22, 2019); 84 FR 45191 (Aug. 28, 2019)
(‘‘Notice’’).
4 See letter from Jacqueline Mesa, Chief Operating
Officer & Senior Vice President of Global Policy
Futures Industry Association, dated September 18,
2019, to Vanessa Countryman, Secretary,
Commission, available at https://www.sec.gov/
comments/sr-icc-2019-010/sr-icc-2019-0106154164-192307.pdf.
5 15 U.S.C. 78s(b)(2).
2 17

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The Commission is extending the 45day time period for Commission action
on the proposed rule change. The
Commission finds it is appropriate to
designate a longer period within which
to take action on the proposed rule
change so that it has sufficient time to
consider ICC’s proposed rule change.
Accordingly, pursuant to Section
19(b)(2) 6 of the Act, and for the reasons
discussed above, the Commission
designates November 26, 2019, as the
date by which the Commission should
either approve or disapprove, or
institute proceedings to determine
whether to disapprove, the proposed
rule change (File No. SR–ICC–2019–
010).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–22145 Filed 10–9–19; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–87232; File No. SR–FINRA–
2019–008]

Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing of
Amendment No. 2 to a Proposed Rule
Change To Establish a Corporate Bond
New Issue Reference Data Service and
Designation of a Longer Period for
Commission Action on Proceedings To
Determine Whether To Approve or
Disapprove a Proposed Rule Change,
as Modified by Amendment No. 1, To
Establish a Corporate Bond New Issue
Reference Data Service
October 4, 2019.

I. Introduction
On March 27, 2019, Financial
Industry Regulatory Authority, Inc.
(‘‘FINRA’’) 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 establish a new
issue reference data service for
corporate bonds. The Commission
published notice of filing of the
proposed rule change in the Federal
Register on April 8, 2019.3 On May 22,
6 15

U.S.C. 78s(b)(2).
CFR 200.30–3(a)(31).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 85488
(April 2, 2019), 84 FR 13977 (‘‘Notice’’).
7 17

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