In the Matter of the NYSE Arca, Inc.; for an Order Granting the Approval of Proposed Rule Change To List and Trade Shares of the ForceShares Daily 4X US Market Futures Long Fund and ForceShares Daily 4X US Market Futures Short Fund Under Commentary .02 to NYSE Arca Equities Rule 8.200; Order Scheduling Filing of Statements on Review, 25448 [2017-11245]

Download as PDF 25448 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices exempt any person, security, or transaction, or any class or classes of persons, securities, or transactions, from any provision of section 12(d)(1) if the exemption is consistent with the public interest and the protection of investors. Section 17(b) of the Act authorizes the Commission to grant an order permitting a transaction otherwise prohibited by section 17(a) if it finds that (a) the terms of the proposed transaction are fair and reasonable and do not involve overreaching on the part of any person concerned; (b) the proposed transaction is consistent with the policies of each registered investment company involved; and (c) the proposed transaction is consistent with the general purposes of the Act. For the Commission, by the Division of Investment Management, under delegated authority. Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017–11243 Filed 5–31–17; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 80770] In the Matter of the NYSE Arca, Inc.; for an Order Granting the Approval of Proposed Rule Change To List and Trade Shares of the ForceShares Daily 4X US Market Futures Long Fund and ForceShares Daily 4X US Market Futures Short Fund Under Commentary .02 to NYSE Arca Equities Rule 8.200; Order Scheduling Filing of Statements on Review mstockstill on DSK30JT082PROD with NOTICES May 25, 2017. On October 17, 2016, NYSE Arca, Inc. (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 1 and Rule 19b– 4 thereunder,2 a proposed rule change to list and trade shares of the ForceShares Daily 4X US Market Futures Long Fund and ForceShares Daily 4X US Market Futures Short Fund under Commentary .02 to NYSE Arca Equities Rule 8.200. On November 4, 2016, the proposal was published for comment in the Federal Register.3 On December 14, 2016, the Division of Trading and Markets, for the Commission pursuant to delegated authority, extended the time period for 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 See Securities Exchange Act Release No. 79201 (Oct. 31, 2016), 81 FR 76977 (Nov. 4, 2016) (SR– NYSEArca–2016–120). 2 17 VerDate Sep<11>2014 18:32 May 31, 2017 Jkt 241001 Commission action on the proposed rule change.4 On February 1, 2017, the Division of Trading and Markets, for the Commission pursuant to delegated authority, instituted proceedings to determine whether to approve or disapprove the proposed rule change.5 On April 20, 2017, NYSE Arca submitted Amendment No. 3 to the proposed rule change, which replaced and superseded the proposed rule change as modified by previous amendments.6 No comments on the proposed rule change were received. On May 2, 2017, the Division of Trading and Markets, for the Commission pursuant to delegated authority,7 approved the proposed rule change, as modified by Amendment No. 3.8 Pursuant to Commission Rule of Practice 431,9 the Commission is reviewing the delegated action, and the May 2, 2017 order is stayed. Accordingly, it is ordered, pursuant to Commission Rule of Practice 431, that by June 15, 2017, any party or other person may file any additional statement. It is further ordered that the May 2, 2017 order approving the proposed rule change, as modified by Amendment No. 3 (SR–NYSEArca–2016–120) shall remain stayed pending further order of the Commission. By the Commission. Brent J. Fields, Secretary. [FR Doc. 2017–11245 Filed 5–31–17; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–80784; File No. SR– BatsEDGA–2017–13] Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Bats EDGA Exchange, Inc. May 26, 2017. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the 4 See Securities Exchange Act Release No. 79550 (Dec. 14, 2016), 81 FR 92892 (Dec. 20, 2016). 5 See Securities Exchange Act Release No. 79914 (Feb. 1, 2017), 82 FR 9625 (Feb. 7, 2017). 6 Amendment No. 3 replaced and superseded the proposed rule change as modified by Amendment No. 2. Amendment No. 2 had previously replaced and superseded the proposed rule change as modified by Amendment No. 1. Amendment No. 1 replaced and superseded the original filing in its entirety. 7 17 CFR 200.30–3(a)(12). 8 See Securities Exchange Act Release No. 80579 (May 2, 2017), 82 FR 21443 (May 8, 2017). 9 17 CFR 201.431. PO 00000 Frm 00225 Fmt 4703 Sfmt 4703 ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on May 16, 2017, Bats EDGA Exchange, Inc. (the ‘‘Exchange’’ or ‘‘EDGA’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II and III below, which Items have been prepared by the Exchange.3 The Exchange has designated the proposed rule change as one establishing or changing a member due, fee, or other charge imposed by the Exchange under Section 19(b)(3)(A)(ii) of the Act 4 and Rule 19b–4(f)(2) thereunder,5 which renders the proposed rule change effective upon filing with the Commission. 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 proposed rule change to establish the fees for Industry Members related to the National Market System Plan Governing the Consolidated Audit Trail (the ‘‘CAT NMS Plan’’ or ‘‘Plan’’).6 The text of the proposed rule change is available at the Exchange’s Web site at www.bats.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. 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 The Exchange originally filed the proposed rule change on May 5, 2017 under File No. SR– BatsEDGA–2017–11. The Exchange subsequently withdrew that filing on May 11, 2017 and filed this proposed rule change. 4 15 U.S.C. 78s(b)(3)(A)(ii). 5 17 CFR 240.19b–4(f)(2). 6 Unless otherwise specified, capitalized terms used in this fee filing are defined as set forth herein, the CAT Compliance Rule Series or in the CAT NMS Plan. 2 17 E:\FR\FM\01JNN1.SGM 01JNN1

Agencies

[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Page 25448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11245]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 80770]


In the Matter of the NYSE Arca, Inc.; for an Order Granting the 
Approval of Proposed Rule Change To List and Trade Shares of the 
ForceShares Daily 4X US Market Futures Long Fund and ForceShares Daily 
4X US Market Futures Short Fund Under Commentary .02 to NYSE Arca 
Equities Rule 8.200; Order Scheduling Filing of Statements on Review

May 25, 2017.
    On October 17, 2016, NYSE Arca, Inc. (``NYSE Arca'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 \1\ and Rule 19b-4 thereunder,\2\ a proposed rule 
change to list and trade shares of the ForceShares Daily 4X US Market 
Futures Long Fund and ForceShares Daily 4X US Market Futures Short Fund 
under Commentary .02 to NYSE Arca Equities Rule 8.200. On November 4, 
2016, the proposal was published for comment in the Federal 
Register.\3\ On December 14, 2016, the Division of Trading and Markets, 
for the Commission pursuant to delegated authority, extended the time 
period for Commission action on the proposed rule change.\4\ On 
February 1, 2017, the Division of Trading and Markets, for the 
Commission pursuant to delegated authority, instituted proceedings to 
determine whether to approve or disapprove the proposed rule change.\5\ 
On April 20, 2017, NYSE Arca submitted Amendment No. 3 to the proposed 
rule change, which replaced and superseded the proposed rule change as 
modified by previous amendments.\6\ No comments on the proposed rule 
change were received. On May 2, 2017, the Division of Trading and 
Markets, for the Commission pursuant to delegated authority,\7\ 
approved the proposed rule change, as modified by Amendment No. 3.\8\
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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. 79201 (Oct. 31, 
2016), 81 FR 76977 (Nov. 4, 2016) (SR-NYSEArca-2016-120).
    \4\ See Securities Exchange Act Release No. 79550 (Dec. 14, 
2016), 81 FR 92892 (Dec. 20, 2016).
    \5\ See Securities Exchange Act Release No. 79914 (Feb. 1, 
2017), 82 FR 9625 (Feb. 7, 2017).
    \6\ Amendment No. 3 replaced and superseded the proposed rule 
change as modified by Amendment No. 2. Amendment No. 2 had 
previously replaced and superseded the proposed rule change as 
modified by Amendment No. 1. Amendment No. 1 replaced and superseded 
the original filing in its entirety.
    \7\ 17 CFR 200.30-3(a)(12).
    \8\ See Securities Exchange Act Release No. 80579 (May 2, 2017), 
82 FR 21443 (May 8, 2017).
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    Pursuant to Commission Rule of Practice 431,\9\ the Commission is 
reviewing the delegated action, and the May 2, 2017 order is stayed.
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    \9\ 17 CFR 201.431.
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    Accordingly, it is ordered, pursuant to Commission Rule of Practice 
431, that by June 15, 2017, any party or other person may file any 
additional statement.
    It is further ordered that the May 2, 2017 order approving the 
proposed rule change, as modified by Amendment No. 3 (SR-NYSEArca-2016-
120) shall remain stayed pending further order of the Commission.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2017-11245 Filed 5-31-17; 8:45 am]
BILLING CODE 8011-01-P