Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To List and Trade Shares of Specified Series of the Innovator Shield Strategy S&P 500 Monthly Index Series and Innovator Ultra Shield Strategy S&P 500 Monthly Index Series Under Rule 14.11(c)(3), 49252-49253 [2017-22974]
Download as PDF
49252
Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices
arguments concerning the foregoing,
including whether the proposed OLPP
Amendment is consistent with the Act.
Comments may be submitted by any of
the following methods:
Development and Implementation
Phases
Not applicable.
Analysis of Impact on Competition
The proposed OLPP, as amended,
does not impose any burden on
competition that is not necessary or
appropriate in furtherance of the
purposes of the Exchange Act. The Plan
Participants do not believe that the
proposed OLPP, as amended, introduces
terms that are unreasonably
discriminatory for the purposes of
section 11A(c)(1)(D) of the Exchange
Act.
Written Understanding or Agreements
Relating to Interpretation of, or
Participation in, Plan
The Participants have no written
understandings or agreements relating
to an interpretation of the Amendment.
Section 7 of the OLPP sets forth how
any entity registered as a national
securities exchange or national
securities association may become a
Plan Sponsor.
Approval of Amendment of the Plan
The Amendment has been approved
by the Plan Sponsors in accordance
with the terms of the plan. Each of the
Plan Participants have executed a
signed copy of the Amendment.
Terms and Conditions of Access
Section 7 of the OLPP provides that
any Eligible Exchange, as defined
therein, may become a Plan Sponsor by
(a) executing a copy of the Plan; (b)
providing each then-current Plan
Sponsor with a copy of such executed
Plan; and (c) effecting an amendment to
the Plan as specified therein.
Method of Determination and
Imposition, and Amount of, Fees and
Charges
Not applicable.
Method and Frequency of Processor
Evaluation
Not applicable.
Dispute Resolution
Not applicable.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
II. Implementation of Amendment
The OLPP, as amended, will become
effective upon Commission approval.
The Plan Participants will implement
the OLPP, as amended, pursuant to the
terms of the Amendment upon
Commission approval.
III. Solicitation of Comments
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 4–
443 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 4–443. 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 plan that
are filed with the Commission, and all
written communications relating to the
plan 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 Plan
Sponsors’ principal offices. All
comments received will be posted
without change. Persons submitting
comments are cautioned that we do not
redact or edit personal identifying
information from comment submissions.
You should submit only information
that you wish to make available
publicly. All submissions should refer
to File Number 4–443, and should be
submitted on or before November 14,
2017.
By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
17:47 Oct 23, 2017
Jkt 244001
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[Release No. 34–81895; File No. SR–
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Self-Regulatory Organizations; Bats
BZX Exchange, Inc.; Notice of
Designation of a Longer Period for
Commission Action on a Proposed
Rule Change To List and Trade Shares
of Specified Series of the Innovator
Shield Strategy S&P 500 Monthly Index
Series and Innovator Ultra Shield
Strategy S&P 500 Monthly Index Series
Under Rule 14.11(c)(3)
October 18, 2017.
On August 22, 2017, Bats BZX
Exchange, Inc. (‘‘Exchange’’ or ‘‘BZX’’)
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 list and trade shares of
specified series of the Innovator Shield
Strategy S&P 500 Monthly Index Series
and Innovator Ultra Shield Strategy S&P
500 Monthly Index Series under BZX
Rule 14.11(c)(3). The proposed rule
change was published for comment in
the Federal Register on September 5,
2017.3 The Commission received no
comments on the proposed rule change.
Section 19(b)(2) of the Act 4 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 for this filing
is October 20, 2017.
The Commission is extending the 45day time period for Commission action
on the proposed rule change. The
Commission finds that 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 the Exchange’s proposal, as
described above. Accordingly, pursuant
to Section 19(b)(2) of the Act,5 the
Commission designates December 4,
2017, as the date by which the
1 15
Interested persons are invited to
submit written data, views, and
VerDate Sep<11>2014
SECURITIES AND EXCHANGE
COMMISSION
Sfmt 4703
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 81495
(August 29, 2017), 82 FR 42003.
4 15 U.S.C. 78s(b)(2).
5 15 U.S.C. 78s(b)(2).
2 17
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Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices
Commission shall either approve or
disapprove or institute proceedings to
determine whether to disapprove the
proposed rule change (File No. SR–
BatsBZX–2017–56).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–22974 Filed 10–23–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend NYSE Arca
Rule 1.1 and Rule 7.35–E To Make
Technical and Conforming Updates in
Connection With the Recent Merger of
NYSE Arca Equities, Inc.
October 18, 2017.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on October
5, 2017, NYSE Arca, Inc. (the
‘‘Exchange’’ or ‘‘NYSE Arca’’) 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 self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
NYSE Arca Rule 1.1 and Rule 7.35–E to
make technical and conforming updates
in connection with the recent merger of
NYSE Arca Equities, Inc. (‘‘NYSE Arca
Equities’’) with and into the Exchange.
The proposed rule change is available
on the Exchange’s Web site at
www.nyse.com, at the principal office of
the Exchange, and at the Commission’s
Public Reference Room.
CFR 200.30–3(a)(31).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
VerDate Sep<11>2014
17:47 Oct 23, 2017
Jkt 244001
In its filing with the Commission, the
self-regulatory organization 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 those 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 the
Statutory Basis for, the Proposed Rule
Change
[Release No. 34–81894; File No. SR–
NYSEArca–2017–119]
6 17
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend
NYSE Arca Rule 1.1 (Definitions) and
Rule 7.35–E(d)(4) (Auctions) to make
technical and conforming updates in
connection with the recent merger of its
wholly-owned subsidiary NYSE Arca
Equities, Inc. with and into the
Exchange (the ‘‘Merger’’).
On June 2, 2017, the Exchange filed
rule changes with the Securities and
Exchange Commission (‘‘Commission’’)
in connection with the proposed
Merger.4 On August 15, 2017, the
Exchange filed a partial amendment to
such filing (as amended, the ‘‘Merger
Filing’’).5 On August 17, 2017, the
Commission approved the proposed
rule changes, as amended, and the
Merger occurred on that same date.6
Prior to the Merger, NYSE Arca had
two rulebooks: The NYSE Arca rules for
its options market and the NYSE Arca
Equities rules for its equities market. At
the Merger, the NYSE Arca Equities
rules were integrated into the NYSE
Arca rules, so that there is now one
NYSE Arca rulebook.7 In that process,
NYSE Arca Rule 1.1 was amended to
incorporate NYSE Arca Equities Rule
1.1 (Definitions), including by adding
definitions from the NYSE Arca Equities
4 See Securities Exchange Act Release No. 80929
(June 14, 2017), 82 FR 28157 (June 20, 2017) (SR–
NYSEArca–2017–40) (Notice).
5 See Partial Amendment 2 to SR–NYSEArca–
2017–40 (August 15, 2017). The Amendment also
was submitted to the Commission as a comment
letter on the Original Filing. See letter from Martha
Redding, Associate General Counsel, NYSE Group,
to Brent J. Fields, Secretary, Commission (August
15, 2017), available at https://www.sec.gov/
comments/sr-nysearca-2017-40/nysearca2017402221802-160732.pdf.
6 See Securities Exchange Act Release No. 81419
(August 17, 2017), 82 FR 40044 (August 23, 2017)
(SR–NYSEArca–2017–40) (Approval Order).
7 See id. at 40044.
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49253
rule that were unique to the equities
market.8
However, due to an oversight, the
Merger Filing did not incorporate the
NYSE Arca Equities definitions for
‘‘NYSE Arca Book’’ or ‘‘UTP Security.’’
Accordingly, the Exchange proposes to
make the following amendments to Rule
1.1:
• Add new Rule 1.1(jj) with the
following definition of NYSE Arca
Book: ‘‘The term ‘NYSE Arca Book’
refers to the NYSE Arca Marketplace’s
electronic file of orders, which contains
all orders entered on the NYSE Arca
Marketplace.’’ 9
• Add new Rule 1.1(iii) with the
following definition of NYSE Arca
Book: ‘‘The term ‘UTP Security’ means
a security that is listed on a national
securities exchange other than the
Exchange and that trades on the NYSE
Arca Marketplace pursuant to unlisted
trading privileges.’’ 10
• Renumber the other paragraphs in
Rule 1.1 to reflect the addition of new
paragraphs (jj) and (iii).
In addition, the Exchange proposes to
amend Rule 7.35–E(d)(4) to update cross
references to the definition of ‘‘Official
Closing Price’’ in Rule 1.1.
Rule 7.35–E has a notice stating that
an amended version of the rule has been
approved but is not yet operative. The
notice links to the amended version of
the rule and the relevant approval order.
Accordingly, the Exchange proposes to
update the cross reference in the
amended version of the rule. Exhibit 5B
sets forth the proposed change to the
amended but not yet operative version
of the rule.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Exchange Act,11 in
general, and with Section 6(b)(1) 12 in
particular, in that it enables the
Exchange to be so organized as to have
the capacity to be able to carry out the
purposes of the Exchange Act and to
comply, and to enforce compliance by
its exchange members and persons
associated with its exchange members,
with the provisions of the Exchange Act,
the rules and regulations thereunder,
and the rules of the Exchange.
8 See
id. at 40047.
Securities Exchange Act Release No. 79078
(October 11, 2016), 81 FR 71559 (October 17, 2016)
(SR–NYSEArca–2016–135).
10 See Securities Exchange Act Release No. 75467
(July 16, 2015), 80 FR 43515 (July 22, 2015) (SR–
NYSEArca–2015–58). See also Securities Exchange
Act Release No. 76198 (October 20, 2015), 80 FR
65274 (October 26, 2015) (SR–NYSEArca–2015–58).
11 15 U.S.C. 78f(b).
12 15 U.S.C. 78f(b)(1).
9 See
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Agencies
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Pages 49252-49253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22974]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-81895; File No. SR-BatsBZX-2017-56]
Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To List and Trade Shares of Specified Series of the Innovator
Shield Strategy S&P 500 Monthly Index Series and Innovator Ultra Shield
Strategy S&P 500 Monthly Index Series Under Rule 14.11(c)(3)
October 18, 2017.
On August 22, 2017, Bats BZX Exchange, Inc. (``Exchange'' or
``BZX'') 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 list and trade shares of specified series of
the Innovator Shield Strategy S&P 500 Monthly Index Series and
Innovator Ultra Shield Strategy S&P 500 Monthly Index Series under BZX
Rule 14.11(c)(3). The proposed rule change was published for comment in
the Federal Register on September 5, 2017.\3\ The Commission received
no comments on the proposed rule change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 81495 (August 29,
2017), 82 FR 42003.
---------------------------------------------------------------------------
Section 19(b)(2) of the Act \4\ 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 for this filing is October 20, 2017.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------
The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that 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 the
Exchange's proposal, as described above. Accordingly, pursuant to
Section 19(b)(2) of the Act,\5\ the Commission designates December 4,
2017, as the date by which the
[[Page 49253]]
Commission shall either approve or disapprove or institute proceedings
to determine whether to disapprove the proposed rule change (File No.
SR-BatsBZX-2017-56).
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------
\6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-22974 Filed 10-23-17; 8:45 am]
BILLING CODE 8011-01-P