Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing of a Proposed Rule Change To Extend the Implementation Date For Certain Changes to Exchange Rules 14.11 and 14.12, 39473-39475 [2017-17432]
Download as PDF
Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Notices
of the purposes of the Act. The
proposed rule change is not designed to
address any competitive issue but rather
would provide members and other
market participants with information
about when Nasdaq will utilize its
Secondary Source of data. The Exchange
believes that this change will increase
transparency around the operation of
the Exchange without any significant
impact on competition.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
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 11 and
subparagraph (f)(6) of Rule 19b–4
thereunder.12
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 13 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 14
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. The Commission
believes that waiving the 30-day
operative delay is consistent with the
protection of investors and the public
interest as it will allow the Exchange to
clarify the conditions under which the
Secondary Source of data may be
elected and increase transparency of the
operation of the Exchange. Accordingly,
the Commission hereby waives the
operative delay and designates the
proposal operative upon filing.15
11 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, along with a brief
description and the text of 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.
13 17 CFR 240.19b–4(f)(6).
14 17 CFR 240.19b–4(f)(6)(iii).
15 For purposes only of waiving the 30-day
operative delay, the Commission has also
mstockstill on DSK30JT082PROD with NOTICES
12 17
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17:47 Aug 17, 2017
Jkt 241001
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 proposed rule
change 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–
NASDAQ–2017–082 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–NASDAQ–2017–082. 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 the
filing also will be available for
inspection and copying at the principal
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
39473
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–
NASDAQ–2017–082 and should be
submitted on or before September 8,
2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–17435 Filed 8–17–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81387; File No. SRBatsBZX–2017–50]
Self-Regulatory Organizations; Bats
BZX Exchange, Inc.; Notice of Filing of
a Proposed Rule Change To Extend
the Implementation Date For Certain
Changes to Exchange Rules 14.11 and
14.12
August 14, 2017.
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 July 31,
2017, Bats BZX Exchange, Inc.
(‘‘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
extend the date on which certain
changes to Exchange Rules 14.11 and
14.12 would be implemented.
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.
16 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\18AUN1.SGM
18AUN1
39474
Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / 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.
mstockstill on DSK30JT082PROD with NOTICES
(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
On November 18, 2016 the Exchange
filed a proposed rule change, as
subsequently amended by Amendments
No. 1 and 2 thereto (as amended, the
‘‘Proposed Rule Change’’), to adopt
certain changes to Exchange Rules 14.11
and 14.12 to add additional continued
listing standards for exchange-traded
products (‘‘ETP’’) as well as clarify the
procedures that the Exchange will
undertake when an ETP is
noncompliant with applicable rules.
Given the scope of the amendments
specified in the Proposed Rule Change,
the Exchange proposed that such
amendments not be implemented until
October 1, 2017. On March 7, 2017, the
Commission granted approval of the
Proposed Rule Change, including the
October 1, 2017 implementation date.
The Exchange now proposes to extend
the implementation date of the
amendments specified in the Proposed
Rule Change to July 1, 2018.3
Since the Proposed Rule Change was
approved, the Exchange has engaged in
extensive conversations with issuers of
listed ETPs, industry advocacy groups
and index providers to discuss the new
rule requirements and offer guidance on
rule interpretation and application. As a
result of these conversations, ETP
issuers have expressed concern about
their ability to have in place systems
and procedures to ensure compliance by
the current October 1, 2017
implementation date. In particular,
listed ETP issuers, and industry
advocacy groups on their behalf, have
explained that issuers will require time
to design and test new compliance
systems as well as engage in discussions
3 See Securities Exchange Act Release No. 80169
(March 7, 2017), 82 FR 13536 (March 13, 2017) (SRBatsBZX–2016–80).
VerDate Sep<11>2014
17:47 Aug 17, 2017
Jkt 241001
with third-party providers to source and
track new data elements required for
rule compliance.4
The Exchange believes it is
appropriate to extend the
implementation date of the Proposed
Rule Change to July 1, 2018 to provide
listed ETP issuers with the time needed
to develop and test their compliance
procedures. In support of its proposal,
the Exchange notes that the Proposed
Rule Change imposes significant new
compliance requirements on issuers that
they have not been subject to
previously. To meet these new
compliance requirements, issuers must
develop internal systems as well as
coordinate with third-party service
providers, such as index providers, to
develop procedures by which they can
obtain essential data. Listed issuers have
informed the Exchange that they are
unable to complete this extensive
project by the pending October 1, 2017
implementation date. The Exchange
believes that it is critical for listed ETP
issuers to have the appropriate
procedures and systems in place to
monitor and evidence ETP compliance
with the new continued listing rules
before such rules are implemented.
Therefore, the Exchange proposes to
extend the implementation date for the
Proposed Rule Change until July 1,
2018.
2. Statutory Basis
The Exchange believes that the
proposal is consistent with Section 6(b)
of the Act 5 in general and Section
6(b)(5) of the Act 6 in particular in that
it is designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
facilitating transactions in securities, 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.
The Exchange believes that the
proposed amendment is consistent with
the protection of investors because it
will enable listed issuers to have the
systems and procedures needed to
monitor and evidence compliance with
the Proposed Rule Change prior to such
rule being implemented. Providing
4 See, for example, Letter, dated July 11, 2017,
from Dorothy Donohue, Acting General Counsel,
Investment Company Institute to Brent J. Fields,
Secretary, Securities and Exchange Commission,
available at https://www.sec.gov/comments/srnasdaq-2016-135/nasdaq2016135-1846208155175.pdf.
5 15 U.S.C. 78f [sic].
6 15 U.S.C. 78f(b)(5).
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
listed issuers with additional time to
ensure that they have adequate
compliance systems in place furthers
the protection of investors and the
public interest because it will enhance
investor confidence that listed issuers
are complying with Exchange rules.
For the above reasons, the Exchange
believes that the proposed rule change
is consistent with the requirements of
Section 6(b)(5) of the Act.
(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 purpose of the Act. The Exchange
notes that the proposed rule change will
facilitate listed ETP issuers’ ability to
monitor and evidence compliance with
approved continued listing rules by
providing issuers with additional time
to develop and test their internal
systems and procedures prior to the
implementation date.
(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
The Exchange received a copy of a
letter from the Investment Company
Institute, on behalf of listed ETP issuers,
to the Securities Exchange [sic]
Commission.7 As described in Item 3
[sic], above, the Investment Company
Institute detailed challenges that listed
ETP issuers are facing in developing
compliance systems to address the
amendments contained in the Proposed
Rule Change and have requested that
the implementation date for such
amendments be extended to July 1,
2018.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding, or (ii) as to which
the self-regulatory organization
consents, the Commission will:
(A) By order approve or disapprove
the proposed rule change; or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
7 See
E:\FR\FM\18AUN1.SGM
Footnote 4, infra. [sic]
18AUN1
Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Notices
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:
• 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 No. SR–
BatsBZX–2017–50 on the subject line.
Paper Comments
mstockstill on DSK30JT082PROD with NOTICES
• 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 No.
SR–BatsBZX–2017–50. 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 will also 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 No. SR–BatsBZX–
2017–50 and should besubmitted on or
before September 8, 2017.
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
17:47 Aug 17, 2017
[FR Doc. 2017–17432 Filed 8–17–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
8 17
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Eduardo A. Aleman,
Assistant Secretary.
Jkt 241001
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:
Electronic Data Collection System, SEC
File No. 270–621, OMB Control No.
3235–0672
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit an extension for this
current collection of information to the
Office of Management and Budget for
approval.
The Commission invites comment on
updates to its Electronic Data Collection
System database (the Database), which
will support information provided by
members of the public who would like
to file an online tip, complaint or
referral (TCR) to the Commission. The
Database will be a web based e-filed
dynamic report based on technology
that pre-populates and establishes a
series of questions based on the data
that the individual enters. The
individual will then complete specific
information on the subject(s) and nature
of the suspicious activity, using the data
elements appropriate to the type of
complaint or subject. The information
collection is voluntary. The public
interface to the Database will be
available using the agency’s Web site,
www.sec.gov. The Commission
estimates that it takes a complainant, on
average, 30 minutes to submit a TCR
through the Database. Based on the
receipt of an average of approximately
16,000 annual TCRs for the past three
fiscal years, the Commission estimates
that the annual reporting burden is
8,000 hours.
Written comments are invited on: (a)
Whether this collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information will have
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
39475
practical utility; (b) the accuracy of the
agency’s estimate of the burden imposed
by the collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information collected; and
(d) ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Background documentation for this
information collection may be viewed at
the following Web site:
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: Shagufta_
Ahmed@omb.eop.gov; and (ii) Pamela
Dyson, Director/Chief Information
Officer, Securities and Exchange
Commission, c/o Remi Pavlik-Simon,
100 F St. NE., Washington, DC 20549 or
send an email to: PRA_Mailbox@
sec.gov. Comments must be submitted to
OMB within 30 days of this notice.
Dated: August 15, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–17503 Filed 8–17–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
32778; File No. 812–14748]
Advanced Series Trust, et al.
August 15, 2017.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice.
AGENCY:
Notice of an application for an order
under section 12(d)(1)(J) of the
Investment Company Act of 1940 (the
‘‘Act’’) for an exemption from sections
12(d)(1)(A), (B), and (C) of the Act and
under sections 6(c) and 17(b) of the Act
for an exemption from sections 17(a)(1)
and (2) of the Act. The requested order
would permit certain registered openend investment companies to acquire
shares of certain registered open-end
investment companies, registered
closed-end investment companies, and
business development companies, as
defined in section 2(a)(48) of the Act
(‘‘BDCs’’) and registered unit investment
trusts (collectively, ‘‘Underlying
Funds’’), that are within and outside the
same group of investment companies as
the acquiring investment companies, in
E:\FR\FM\18AUN1.SGM
18AUN1
Agencies
[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)]
[Notices]
[Pages 39473-39475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17432]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-81387; File No. SR-BatsBZX-2017-50]
Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing of a Proposed Rule Change To Extend the Implementation Date For
Certain Changes to Exchange Rules 14.11 and 14.12
August 14, 2017.
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 July 31, 2017, Bats BZX Exchange, Inc. (``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 extend the date on which certain
changes to Exchange Rules 14.11 and 14.12 would be implemented.
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.
[[Page 39474]]
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
On November 18, 2016 the Exchange filed a proposed rule change, as
subsequently amended by Amendments No. 1 and 2 thereto (as amended, the
``Proposed Rule Change''), to adopt certain changes to Exchange Rules
14.11 and 14.12 to add additional continued listing standards for
exchange-traded products (``ETP'') as well as clarify the procedures
that the Exchange will undertake when an ETP is noncompliant with
applicable rules. Given the scope of the amendments specified in the
Proposed Rule Change, the Exchange proposed that such amendments not be
implemented until October 1, 2017. On March 7, 2017, the Commission
granted approval of the Proposed Rule Change, including the October 1,
2017 implementation date. The Exchange now proposes to extend the
implementation date of the amendments specified in the Proposed Rule
Change to July 1, 2018.\3\
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 80169 (March 7,
2017), 82 FR 13536 (March 13, 2017) (SR-BatsBZX-2016-80).
---------------------------------------------------------------------------
Since the Proposed Rule Change was approved, the Exchange has
engaged in extensive conversations with issuers of listed ETPs,
industry advocacy groups and index providers to discuss the new rule
requirements and offer guidance on rule interpretation and application.
As a result of these conversations, ETP issuers have expressed concern
about their ability to have in place systems and procedures to ensure
compliance by the current October 1, 2017 implementation date. In
particular, listed ETP issuers, and industry advocacy groups on their
behalf, have explained that issuers will require time to design and
test new compliance systems as well as engage in discussions with
third-party providers to source and track new data elements required
for rule compliance.\4\
---------------------------------------------------------------------------
\4\ See, for example, Letter, dated July 11, 2017, from Dorothy
Donohue, Acting General Counsel, Investment Company Institute to
Brent J. Fields, Secretary, Securities and Exchange Commission,
available at https://www.sec.gov/comments/sr-nasdaq-2016-135/nasdaq2016135-1846208-155175.pdf.
---------------------------------------------------------------------------
The Exchange believes it is appropriate to extend the
implementation date of the Proposed Rule Change to July 1, 2018 to
provide listed ETP issuers with the time needed to develop and test
their compliance procedures. In support of its proposal, the Exchange
notes that the Proposed Rule Change imposes significant new compliance
requirements on issuers that they have not been subject to previously.
To meet these new compliance requirements, issuers must develop
internal systems as well as coordinate with third-party service
providers, such as index providers, to develop procedures by which they
can obtain essential data. Listed issuers have informed the Exchange
that they are unable to complete this extensive project by the pending
October 1, 2017 implementation date. The Exchange believes that it is
critical for listed ETP issuers to have the appropriate procedures and
systems in place to monitor and evidence ETP compliance with the new
continued listing rules before such rules are implemented. Therefore,
the Exchange proposes to extend the implementation date for the
Proposed Rule Change until July 1, 2018.
2. Statutory Basis
The Exchange believes that the proposal is consistent with Section
6(b) of the Act \5\ in general and Section 6(b)(5) of the Act \6\ in
particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, 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.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f [sic].
\6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that the proposed amendment is consistent
with the protection of investors because it will enable listed issuers
to have the systems and procedures needed to monitor and evidence
compliance with the Proposed Rule Change prior to such rule being
implemented. Providing listed issuers with additional time to ensure
that they have adequate compliance systems in place furthers the
protection of investors and the public interest because it will enhance
investor confidence that listed issuers are complying with Exchange
rules.
For the above reasons, the Exchange believes that the proposed rule
change is consistent with the requirements of Section 6(b)(5) of the
Act.
(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 purpose of the Act. The Exchange notes that the
proposed rule change will facilitate listed ETP issuers' ability to
monitor and evidence compliance with approved continued listing rules
by providing issuers with additional time to develop and test their
internal systems and procedures prior to the implementation date.
(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants or Others
The Exchange received a copy of a letter from the Investment
Company Institute, on behalf of listed ETP issuers, to the Securities
Exchange [sic] Commission.\7\ As described in Item 3 [sic], above, the
Investment Company Institute detailed challenges that listed ETP
issuers are facing in developing compliance systems to address the
amendments contained in the Proposed Rule Change and have requested
that the implementation date for such amendments be extended to July 1,
2018.
---------------------------------------------------------------------------
\7\ See Footnote 4, infra. [sic]
---------------------------------------------------------------------------
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding, or (ii) as to
which the self-regulatory organization consents, the Commission will:
(A) By order approve or disapprove the proposed rule change; or
(B) institute proceedings to determine whether the proposed rule
change should be disapproved.
[[Page 39475]]
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 No. SR-BatsBZX-2017-50 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 No. SR-BatsBZX-2017-50. 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 will also 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 No. SR-BatsBZX-2017-50 and should be
submitted on or before September 8, 2017.
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\8\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-17432 Filed 8-17-17; 8:45 am]
BILLING CODE 8011-01-P