Order Granting Petition for Review and Scheduling Filing of Statements; in the Matter of Bats BZX Exchange, Inc.; Regarding an Order Disapproving a Proposed Rule Change, as Modified by Amendments No. 1 and 2, to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, To List and Trade Shares Issued by the Winklevoss Bitcoin Trust, 19770 [2017-08565]

Download as PDF 19770 Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices IV. 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: • 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– IEX–2017–11 on the subject line. Paper Comments asabaliauskas on DSK3SPTVN1PROD with NOTICES • 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–IEX–2017–11. 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–IEX– 2017–11, and should be submitted on or before May 19, 2017. 17:38 Apr 27, 2017 [FR Doc. 2017–08575 Filed 4–27–17; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION Electronic Comments VerDate Sep<11>2014 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.21 Eduardo A. Aleman, Assistant Secretary. Jkt 241001 [Release No. 34–80511] Order Granting Petition for Review and Scheduling Filing of Statements; in the Matter of Bats BZX Exchange, Inc.; Regarding an Order Disapproving a Proposed Rule Change, as Modified by Amendments No. 1 and 2, to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, To List and Trade Shares Issued by the Winklevoss Bitcoin Trust April 24, 2017. This matter comes before the Securities and Exchange Commission (‘‘Commission’’) on petition to review the disapproval, through delegated authority, of the Bats BZX Exchange, Inc. (‘‘BZX’’) proposed rule change to list and trade shares of the Winklevoss Bitcoin Trust as Commodity-Based Trust Shares under BZX Rule 14.11(e)(4). On July 8, 2016, the Commission issued a notice of filing of the proposed rule change filed with the Commission pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Exchange Act’’) 1 and Rule 19b–4 2 thereunder.3 On August 23, 2016, the Commission designated a longer time period within which to act on the proposed rule change.4 On October 12, 2016, the Commission instituted proceedings under Section 19(b)(2)(B) of the Exchange Act 5 to determine whether to approve or disapprove the proposed rule change.6 On January 4, 21 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 Notice of Filing of a Proposed Rule Change to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, to List and Trade Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust, Securities Exchange Act of 1934, Release No. 78262 (July 8, 2016), 81 FR 45554 (July 14, 2016). 4 Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, to List and Trade Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust, Securities Exchange Act of 1934, Release No. 78653 (August 23, 2016), 81 FR 59256 (August 29, 2016). 5 15 U.S.C. 78s(b)(2)(B). 6 Order Instituting Proceedings to Determine Whether to Approve or Disapprove a Proposed Rule Change to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, to List and Trade Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust, 1 15 PO 00000 Frm 00119 Fmt 4703 Sfmt 9990 2017, the Commission designated a longer period for Commission action on the proposed rule change.7 After consideration of the record in the proposed rule change, the Division of Trading and Markets (‘‘Division’’), pursuant to delegated authority,8 issued an order disapproving the proposed rule change (‘‘Disapproval Order’’) on March 10, 2017.9 On March 24, 2017, pursuant to Rule 430 of the Rules of Practice,10 BZX filed a petition for review of the Disapproval Order. Pursuant to Rule 431 of the Rules of Practice,11 BZX’s petition for review of the Disapproval Order is granted. Further, the Commission hereby establishes that any party to the action or other person may file a written statement in support of or in opposition to the Disapproval Order on or before May 15, 2017. For the reasons stated above, it is hereby: Ordered that the petition of BZX for review of the Division’s action to disapprove the proposed rule change by delegated authority be granted; and It is further ordered that any party or other person may file a statement in support of or in opposition to the action made pursuant to delegated authority on or before May 15, 2017. The order disapproving such proposed rule change shall remain in effect. By the Commission. Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017–08565 Filed 4–27–17; 8:45 am] BILLING CODE 8011–01–P Securities Exchange Act of 1934, Release No. 79084 (October 12, 2016), 81 FR 71778 (October 18, 2016). On October 20, 2016, BZX filed Amendment No. 1 to the proposed rule change, replacing the original filing in its entirety. See Exchange Act Release No. 79183 (October 28, 2016), 81 FR 76650 (November 3, 2016). 7 Notice of 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 BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, to List and Trade Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust, Securities Exchange Act of 1934, Release No. 79725 (January 4, 2017), 82 FR 2425 (January 9, 2017). On February 22, 2017, BZX filed Amendment No. 2 to the proposed rule change, which did not materially alter the substance of the proposed rule change. Amendment No. 2 is available on the Commission’s Web site at https://www.sec.gov/comments/sr-batsbzx-2016-30/ batsbzx201630-1594698-132357.pdf. 8 17 CFR 200.30–3(a)(12). 9 Order Disapproving a Proposed Rule Change, as Modified by Amendments No. 1 and 2, to BZX Rule 14.1(e)(4), Commodity-Based Trust Shares, to List and Trade Shares Issued by the Winklevoss Bitcoin Trust, Securities Exchange Act of 1934, Release No. 80206 (March 10, 2017), 82 FR 14076 (March 16, 2017). 10 17 CFR 201.430. 11 17 CFR 201.431. E:\FR\FM\28APN1.SGM 28APN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Notices]
[Page 19770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08565]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80511]


Order Granting Petition for Review and Scheduling Filing of 
Statements; in the Matter of Bats BZX Exchange, Inc.; Regarding an 
Order Disapproving a Proposed Rule Change, as Modified by Amendments 
No. 1 and 2, to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, To 
List and Trade Shares Issued by the Winklevoss Bitcoin Trust

April 24, 2017.
    This matter comes before the Securities and Exchange Commission 
(``Commission'') on petition to review the disapproval, through 
delegated authority, of the Bats BZX Exchange, Inc. (``BZX'') proposed 
rule change to list and trade shares of the Winklevoss Bitcoin Trust as 
Commodity-Based Trust Shares under BZX Rule 14.11(e)(4).
    On July 8, 2016, the Commission issued a notice of filing of the 
proposed rule change filed with the Commission pursuant to Section 
19(b)(1) of the Securities Exchange Act of 1934 (``Exchange Act'') \1\ 
and Rule 19b-4 \2\ thereunder.\3\ On August 23, 2016, the Commission 
designated a longer time period within which to act on the proposed 
rule change.\4\ On October 12, 2016, the Commission instituted 
proceedings under Section 19(b)(2)(B) of the Exchange Act \5\ to 
determine whether to approve or disapprove the proposed rule change.\6\ 
On January 4, 2017, the Commission designated a longer period for 
Commission action on the proposed rule change.\7\ After consideration 
of the record in the proposed rule change, the Division of Trading and 
Markets (``Division''), pursuant to delegated authority,\8\ issued an 
order disapproving the proposed rule change (``Disapproval Order'') on 
March 10, 2017.\9\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Notice of Filing of a Proposed Rule Change to BZX Rule 
14.11(e)(4), Commodity-Based Trust Shares, to List and Trade 
Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust, 
Securities Exchange Act of 1934, Release No. 78262 (July 8, 2016), 
81 FR 45554 (July 14, 2016).
    \4\ Notice of Designation of a Longer Period for Commission 
Action on Proposed Rule Change to BZX Rule 14.11(e)(4), Commodity-
Based Trust Shares, to List and Trade Winklevoss Bitcoin Shares 
Issued by the Winklevoss Bitcoin Trust, Securities Exchange Act of 
1934, Release No. 78653 (August 23, 2016), 81 FR 59256 (August 29, 
2016).
    \5\ 15 U.S.C. 78s(b)(2)(B).
    \6\ Order Instituting Proceedings to Determine Whether to 
Approve or Disapprove a Proposed Rule Change to BZX Rule 
14.11(e)(4), Commodity-Based Trust Shares, to List and Trade 
Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust, 
Securities Exchange Act of 1934, Release No. 79084 (October 12, 
2016), 81 FR 71778 (October 18, 2016). On October 20, 2016, BZX 
filed Amendment No. 1 to the proposed rule change, replacing the 
original filing in its entirety. See Exchange Act Release No. 79183 
(October 28, 2016), 81 FR 76650 (November 3, 2016).
    \7\ Notice of 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 BZX Rule 
14.11(e)(4), Commodity-Based Trust Shares, to List and Trade 
Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust, 
Securities Exchange Act of 1934, Release No. 79725 (January 4, 
2017), 82 FR 2425 (January 9, 2017). On February 22, 2017, BZX filed 
Amendment No. 2 to the proposed rule change, which did not 
materially alter the substance of the proposed rule change. 
Amendment No. 2 is available on the Commission's Web site at https://www.sec.gov/comments/sr-batsbzx-2016-30/batsbzx201630-1594698-132357.pdf.
    \8\ 17 CFR 200.30-3(a)(12).
    \9\ Order Disapproving a Proposed Rule Change, as Modified by 
Amendments No. 1 and 2, to BZX Rule 14.1(e)(4), Commodity-Based 
Trust Shares, to List and Trade Shares Issued by the Winklevoss 
Bitcoin Trust, Securities Exchange Act of 1934, Release No. 80206 
(March 10, 2017), 82 FR 14076 (March 16, 2017).
---------------------------------------------------------------------------

    On March 24, 2017, pursuant to Rule 430 of the Rules of 
Practice,\10\ BZX filed a petition for review of the Disapproval Order. 
Pursuant to Rule 431 of the Rules of Practice,\11\ BZX's petition for 
review of the Disapproval Order is granted. Further, the Commission 
hereby establishes that any party to the action or other person may 
file a written statement in support of or in opposition to the 
Disapproval Order on or before May 15, 2017.
---------------------------------------------------------------------------

    \10\ 17 CFR 201.430.
    \11\ 17 CFR 201.431.
---------------------------------------------------------------------------

    For the reasons stated above, it is hereby:
    Ordered that the petition of BZX for review of the Division's 
action to disapprove the proposed rule change by delegated authority be 
granted; and
    It is further ordered that any party or other person may file a 
statement in support of or in opposition to the action made pursuant to 
delegated authority on or before May 15, 2017.
    The order disapproving such proposed rule change shall remain in 
effect.

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-08565 Filed 4-27-17; 8:45 am]
BILLING CODE 8011-01-P

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