Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To List and Trade Shares of the Innovator S&P 500 15% Shield Strategy ETF Series, Innovator S&P 500 −5% to −35% Shield Strategy ETF Series, Innovator S&P 500 Enhance and 10% Shield Strategy ETF Series, and Innovator S&P 500 Ultra Strategy ETF Series Under Rule 14.11(i), 61613 [2017-28002]
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Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82387; File No. SR–
BatsBZX–2017–72]
Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of
Designation of a Longer Period for
Commission Action on a Proposed
Rule Change To List and Trade Shares
of the Innovator S&P 500 15% Shield
Strategy ETF Series, Innovator S&P
500 Ø5% to Ø35% Shield Strategy ETF
Series, Innovator S&P 500 Enhance
and 10% Shield Strategy ETF Series,
and Innovator S&P 500 Ultra Strategy
ETF Series Under Rule 14.11(i)
sradovich on DSK3GMQ082PROD with NOTICES
December 21, 2017.
On November 7, 2017, Cboe BZX
Exchange, Inc. (the ‘‘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 the Innovator S&P 500 15%
Shield Strategy ETF Series, Innovator
S&P 500 ¥5% to ¥35% Shield Strategy
ETF Series, Innovator S&P 500 Enhance
and 10% Shield Strategy ETF Series,
and Innovator S&P 500 Ultra Strategy
ETF Series under BZX Rule 14.11(i).
The proposed rule change was
published for comment in the Federal
Register on November 22, 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 after
publication of the notice for this filing
is January 6, 2018.
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
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 82097
(November 16, 2017), 82 FR 55689.
4 15 U.S.C. 78s(b)(2).
2 17
VerDate Sep<11>2014
18:14 Dec 27, 2017
Jkt 244001
to consider the Exchange’s proposal.
Accordingly, pursuant to Section
19(b)(2) of the Act,5 the Commission
designates February 20, 2018, as the
date by which the Commission shall
either approve or disapprove or institute
proceedings to determine whether to
disapprove the proposed rule change
(File No. SR–BatsBZX–2017–72).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–28002 Filed 12–27–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82385; File No. 4–715]
Self-Regulatory Organizations; MIAX
PEARL, LLC; Order Declaring Effective
a Minor Rule Violation Plan
December 21, 2017.
On November 16, 2017, MIAX
PEARL, LLC (‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) a proposed minor rule
violation plan (‘‘MRVP’’ or ‘‘Plan’’)
pursuant to Section 19(d)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19d–1(c)(2)
thereunder.2 The proposed MRVP was
published for comment on November
28, 2017.3 The Commission received no
comments on the proposal. This order
declares the Exchange’s proposed MRVP
effective.
The Exchange’s MRVP specifies the
rule violations which will be included
in the Plan and will have sanctions not
exceeding $2,500. Any violations which
are resolved under the MRVP would not
be subject to the provisions of Rule 19d–
1(c)(1) of the Act,4 which requires that
a self-regulatory organization (‘‘SRO’’)
promptly file notice with the
Commission of any final disciplinary
action taken with respect to any person
or organization.5 In accordance with
5 15
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(31).
1 15 U.S.C. 78s(d)(1)
2 17 CFR 240.19d–1(c)(2).
3 See Securities Exchange Act Release No. 82146
(November 22, 2017), 82 FR 56280 (‘‘Notice’’).
4 17 CFR 240.19d–1(c)(1).
5 The Commission adopted amendments to
paragraph (c) of Rule 19d–1 to allow SROs to
submit for Commission approval plans for the
abbreviated reporting of minor disciplinary
infractions. See Securities Exchange Act Release
No. 21013 (June 1, 1984), 49 FR 23828 (June 8,
1984). Any disciplinary action taken by an SRO
against any person for violation of a rule of the SRO
which has been designated as a minor rule violation
pursuant to a plan filed with and declared effective
6 17
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
61613
Rule 19d–1(c)(2) under the Act,6 the
Exchange proposed to designate certain
specified rule violations as eligible for
consideration as minor rule violations,
and requested that it be relieved of the
prompt reporting requirements
regarding such violations, provided it
gives notice of the violations to the
Commission on a quarterly basis.
The Exchange proposed to include in
its MRVP the procedures and violations
currently included in Exchange Rule
1014 (‘‘Imposition of Fines for Minor
Rule Violations’’).7 According to the
Exchange’s proposed MRVP, under
Exchange Rule 1014, the Exchange may
impose a fine (not to exceed $2,500) on
any Member, or person associated with
or employed by a Member, for any rule
listed in Rule 1014(d).8 The Exchange
shall serve the person against whom a
fine is imposed with a written statement
setting forth the rule or rules violated,
the act or omission constituting each
such violation, the fine imposed, and
the date by which such determination
becomes final or by which such
determination must be contested. If the
person against whom the fine is
imposed pays the fine, the payment
shall be deemed to be a waiver of the
person’s right to a disciplinary
proceeding and any review of the matter
under the Exchange rules. Any person
against whom a fine is imposed may
contest the Exchange’s determination by
filing with the Exchange a written
answer, at which point the matter shall
by the Commission is not considered ‘‘final’’ for
purposes of Section 19(d)(1) of the Act if the
sanction imposed consists of a fine not exceeding
$2,500 and the sanctioned person has not sought an
adjudication, including a hearing, or otherwise
exhausted his administrative remedies.
6 17 CFR 240.19d–1(c)(2).
7 The Exchange received its grant of registration
on December 13, 2016, which included approving
the rules that govern the Exchange. See Securities
Exchange Act Release No. 79543 (December 13,
2016), 81 FR 92901 (December 20, 2016).
8 While Rule 1014 allows the Exchange to
administer fines up to $5,000, the Exchange is only
seeking relief from the reporting requirements of
paragraph (c)(1) of Rule 19d–1 for fines
administered under Rule 1014(d) that do not exceed
$2,500.
Under the proposed MRVP, violations of the
following rules would be appropriate for
disposition under the MRVP: Rule 307 (Position
Limits); Rule 803 (Focus Reports); Rule 804
(Requests for Trade Data); Rule 520 (Order Entry);
Rule 605 (Execution of Orders in Appointed
Options); Rule 314 (Mandatory Systems Testing);
Rule 700 (Exercise of Option Contracts); Rule 309
(Exercise Limits); Rule 310 (Reports Related to
Position Limits); Rule 403 (Trading in Restricted
Classes); Rule 605 (Market Maker Quotations); and
Rules 1301, 1302, and 1303 (Failure to Timely File
Amendments to Form U4, Form U5, and Form BD).
According to the Exchange, Conduct and Decorum
Policies under Rule 1014(d)(4) are excluded from
the proposed MRVP. See Notice, supra note 3.
E:\FR\FM\28DEN1.SGM
28DEN1
Agencies
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Page 61613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28002]
[[Page 61613]]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-82387; File No. SR-BatsBZX-2017-72]
Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To List and Trade Shares of the Innovator S&P 500 15% Shield
Strategy ETF Series, Innovator S&P 500 -5% to -35% Shield Strategy ETF
Series, Innovator S&P 500 Enhance and 10% Shield Strategy ETF Series,
and Innovator S&P 500 Ultra Strategy ETF Series Under Rule 14.11(i)
December 21, 2017.
On November 7, 2017, Cboe BZX Exchange, Inc. (the ``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 the Innovator S&P 500
15% Shield Strategy ETF Series, Innovator S&P 500 -5% to -35% Shield
Strategy ETF Series, Innovator S&P 500 Enhance and 10% Shield Strategy
ETF Series, and Innovator S&P 500 Ultra Strategy ETF Series under BZX
Rule 14.11(i). The proposed rule change was published for comment in
the Federal Register on November 22, 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. 82097 (November 16,
2017), 82 FR 55689.
---------------------------------------------------------------------------
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 after publication of the notice for this filing is January 6,
2018.
---------------------------------------------------------------------------
\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. Accordingly, pursuant to Section 19(b)(2) of the
Act,\5\ the Commission designates February 20, 2018, as the date by
which the Commission shall either approve or disapprove or institute
proceedings to determine whether to disapprove the proposed rule change
(File No. SR-BatsBZX-2017-72).
---------------------------------------------------------------------------
\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. 2017-28002 Filed 12-27-17; 8:45 am]
BILLING CODE 8011-01-P