81_FR_58131 81 FR 57967 - 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 the JPMorgan Global Bond Opportunities ETF

81 FR 57967 - 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 the JPMorgan Global Bond Opportunities ETF

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 164 (August 24, 2016)

Page Range57967-57968
FR Document2016-20207

Federal Register, Volume 81 Issue 164 (Wednesday, August 24, 2016)
[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 57967-57968]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20207]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78613; File No. SR-BatsBZX-2016-35]


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 the JPMorgan Global Bond 
Opportunities ETF

August 18, 2016.
    On July 1, 2016, Bats 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 JPMorgan Global 
Bond Opportunities ETF of the J.P. Morgan Exchange-Traded Fund Trust 
under BZX Rule 14.11(i). The proposed rule change was published for 
comment in the Federal Register on July 14, 2016.\3\ The Commission 
received no comments on the proposed rule change.
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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. 78264 (July 8, 
2016), 81 FR 45546.
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    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 
Commission is extending this 45-day time period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission finds it 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 proposed rule change. Accordingly, the 
Commission, pursuant to Section 19(b)(2) of the Act,\5\ designates 
October 12, 2016 as the date by which the Commission should either 
approve or disapprove, or institute proceedings to determine whether to 
disapprove, the proposed rule change (File No. SR-BatsBZX-2016-35).
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    \5\ Id.


[[Page 57968]]


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    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
Robert W. Errett,
Deputy Secretary.
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    \6\ 17 CFR 200.30-3(a)(31).
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[FR Doc. 2016-20207 Filed 8-23-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices                                                    57967

                                                  but this may change as the relative costs               Comments may be submitted by any of                    SECURITIES AND EXCHANGE
                                                  for trade reporting services shift. If a                the following methods:                                 COMMISSION
                                                  member chooses to use the ADF as a
                                                  primary or secondary trade reporting                    Electronic Comments
                                                                                                                                                                 [Release No. 34–78613; File No. SR–
                                                  venue, it will be because it is                           • Use the Commission’s Internet                      BatsBZX–2016–35]
                                                  determined to be advantageous to that                   comment form (http://www.sec.gov/
                                                  member.                                                 rules/sro.shtml); or                                   Self-Regulatory Organizations; Bats
                                                  C. Self-Regulatory Organization’s                                                                              BZX Exchange, Inc.; Notice of
                                                                                                            • Send an email to rule-comments@
                                                  Statement on Comments on the                                                                                   Designation of a Longer Period for
                                                                                                          sec.gov. Please include File Number SR–
                                                  Proposed Rule Change Received From                                                                             Commission Action on a Proposed
                                                                                                          FINRA–2016–031 on the subject line.
                                                  Members, Participants, or Others                                                                               Rule Change To List and Trade Shares
                                                                                                          Paper Comments                                         of the JPMorgan Global Bond
                                                    Written comments were neither
                                                                                                                                                                 Opportunities ETF
                                                  solicited nor received.                                    • Send paper comments in triplicate
                                                  III. Date of Effectiveness of the                       to Brent J. Fields, Secretary, Securities              August 18, 2016.
                                                  Proposed Rule Change and Timing for                     and Exchange Commission, 100 F Street                    On July 1, 2016, Bats BZX Exchange,
                                                  Commission Action                                       NE., Washington, DC 20549–1090.                        Inc. (the ‘‘Exchange’’ or ‘‘BZX’’) filed
                                                     Because the foregoing proposed rule                     All submissions should refer to File                with the Securities and Exchange
                                                  change does not: (i) Significantly affect               Number SR–FINRA–2016–031. This file                    Commission (‘‘Commission’’), pursuant
                                                  the protection of investors or the public               number should be included on the                       to Section 19(b)(1) of the Securities
                                                  interest; (ii) impose any significant                   subject line if email is used. To help the             Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                  burden on competition; and (iii) become                 Commission process and review your                     19b–4 thereunder,2 a proposed rule
                                                  operative for 30 days from the date on                  comments more efficiently, please use                  change to list and trade shares of the
                                                  which it was filed, or such shorter time                only one method. The Commission will                   JPMorgan Global Bond Opportunities
                                                  as the Commission may designate, it has                 post all comments on the Commission’s                  ETF of the J.P. Morgan Exchange-Traded
                                                  become effective pursuant to Section                    Internet Web site (http://www.sec.gov/                 Fund Trust under BZX Rule 14.11(i).
                                                  19(b)(3)(A) of the Act 21 and Rule 19b–                 rules/sro.shtml). Copies of the                        The proposed rule change was
                                                  4(f)(6) thereunder.22 FINRA believes                    submission, all subsequent                             published for comment in the Federal
                                                  that the filing is appropriately                        amendments, all written statements                     Register on July 14, 2016.3 The
                                                  designated as ‘‘non-controversial’’                     with respect to the proposed rule                      Commission received no comments on
                                                  because the proposed rule change does                                                                          the proposed rule change.
                                                                                                          change that are filed with the
                                                  not create any new trade reporting                                                                               Section 19(b)(2) of the Act 4 provides
                                                                                                          Commission, and all written
                                                  obligations to members, but rather
                                                                                                          communications relating to the                         that, within 45 days of the publication
                                                  provides another alternative for
                                                                                                          proposed rule change between the                       of notice of the filing of a proposed rule
                                                  members to meet their existing equity
                                                                                                          Commission and any person, other than                  change, or within such longer period up
                                                  trade reporting obligations. Members
                                                                                                          those that may be withheld from the                    to 90 days as the Commission may
                                                  that do not wish to be subject to the
                                                                                                          public in accordance with the                          designate if it finds such longer period
                                                  proposed testing requirements and fees
                                                                                                          provisions of 5 U.S.C. 552, will be                    to be appropriate and publishes its
                                                  or otherwise determine that the ADF is
                                                  not a cost-effective option for them—as                 available for Web site viewing and                     reasons for so finding or as to which the
                                                  either a primary or secondary facility for              printing in the Commission’s Public                    self-regulatory organization consents,
                                                  trade reporting—can elect to use one (or                Reference Room, 100 F Street NE.,                      the Commission shall either approve the
                                                  both) of the TRFs to fulfill their trade                Washington, DC 20549 on official                       proposed rule change, disapprove the
                                                  reporting obligations under FINRA                       business days between the hours of                     proposed rule change, or institute
                                                  rules.                                                  10:00 a.m. and 3:00 p.m. Copies of the                 proceedings to determine whether the
                                                     At any time within 60 days of the                    filing also will be available for                      proposed rule change should be
                                                  filing of the proposed rule change, the                 inspection and copying at the principal                disapproved. The Commission is
                                                  Commission summarily may                                                                                       extending this 45-day time period.
                                                                                                          office of the Exchange. All comments
                                                  temporarily suspend such rule change if                 received will be posted without change;                  The Commission finds it appropriate
                                                  it appears to the Commission that such                  the Commission does not edit personal                  to designate a longer period within
                                                  action is necessary or appropriate in the               identifying information from                           which to take action on the proposed
                                                  public interest, for the protection of                  submissions. You should submit only                    rule change so that it has sufficient time
                                                  investors, or otherwise in furtherance of               information that you wish to make                      to consider the proposed rule change.
                                                  the purposes of the Act. If the                         available publicly. All submissions                    Accordingly, the Commission, pursuant
                                                  Commission takes such action, the                                                                              to Section 19(b)(2) of the Act,5
                                                                                                          should refer to File Number SR–FINRA–
                                                  Commission shall institute proceedings                                                                         designates October 12, 2016 as the date
                                                                                                          2016–031 and should be submitted on
                                                  to determine whether the proposed rule                                                                         by which the Commission should either
                                                  should be approved or disapproved.                      or before September 14, 2016.
                                                                                                                                                                 approve or disapprove, or institute
                                                                                                            For the Commission, by the Division of               proceedings to determine whether to
                                                  IV. Solicitation of Comments                            Trading and Markets, pursuant to delegated             disapprove, the proposed rule change
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                                                    Interested persons are invited to                     authority.23                                           (File No. SR–BatsBZX–2016–35).
                                                  submit written data, views, and                         Robert W. Errett,
                                                  arguments concerning the foregoing,                     Deputy Secretary.                                        1 15   U.S.C. 78s(b)(1).
                                                  including whether the proposed rule                                                                              2 17   CFR 240.19b–4.
                                                                                                          [FR Doc. 2016–20203 Filed 8–23–16; 8:45 am]
                                                  change is consistent with the Act.                                                                                3 See Securities Exchange Act Release No. 78264
                                                                                                          BILLING CODE 8011–01–P
                                                                                                                                                                 (July 8, 2016), 81 FR 45546.
                                                    21 15 U.S.C. 78s(b)(3)(A).                                                                                      4 15 U.S.C. 78s(b)(2).
                                                    22 17 CFR 240.19b–4(f)(6).                              23 17   CFR 200.30–3(a)(12).                            5 Id.




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                                                  57968                      Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices

                                                    For the Commission, by the Division of                the most significant aspects of such                     with the Investment Company’s
                                                  Trading and Markets, pursuant to delegated              statements.                                              investment objectives and policies;
                                                  authority.6
                                                                                                          A. Self-Regulatory Organization’s                           (b) is issued in a specified aggregate
                                                  Robert W. Errett,
                                                                                                          Statement of the Purpose of, and                         minimum number in return for a
                                                  Deputy Secretary.
                                                                                                          Statutory Basis for, the Proposed Rule                   deposit of a specified portfolio of
                                                  [FR Doc. 2016–20207 Filed 8–23–16; 8:45 am]
                                                                                                          Change                                                   securities and/or a cash amount with a
                                                  BILLING CODE 8011–01–P                                                                                           value equal to the next determined net
                                                                                                          1. Purpose                                               asset value; and
                                                  SECURITIES AND EXCHANGE                                    The Exchange proposes to amend                           (c) when aggregated in the same
                                                  COMMISSION                                              Nasdaq Rule 5735 to adopt generic                        specified minimum number, may be
                                                                                                          listing standards for Managed Fund                       redeemed at a holder’s request, which
                                                  [Release No. 34–78616; File No. SR–                     Shares, as well as to make additional                    holder will be paid a specified portfolio
                                                  NASDAQ–2016–104]                                        changes as described below. Under the                    of securities and/or cash with a value
                                                                                                          Exchange’s current rules, a proposed                     equal to the next determined net asset
                                                  Self-Regulatory Organizations; The                      rule change must be filed with the
                                                  Nasdaq Stock Market LLC; Notice of                                                                               value.
                                                                                                          Commission for the listing and trading
                                                  Filing of Proposed Rule Change To                       of each new series of Managed Fund                          Effectively, Managed Fund Shares are
                                                  Amend Nasdaq Rule 5735 To Adopt                         Shares. The Exchange believes that it is                 securities issued by an actively-
                                                  Generic Listing Standards for Managed                   appropriate to codify certain rules                      managed open-end Investment
                                                  Fund Shares                                             within Rule 5735 that would generally                    Company (i.e., an actively-managed
                                                                                                          eliminate the need for such proposed                     exchange-traded fund (‘‘ETF’’)). Because
                                                  August 18, 2016.
                                                                                                          rule changes, which would create                         Managed Fund Shares are actively-
                                                     Pursuant to Section 19(b)(1) of the                                                                           managed, they do not seek to replicate
                                                  Securities Exchange Act of 1934                         greater efficiency and promote uniform
                                                                                                          standards in the listing process.3                       the performance of a specified passive
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                          index of securities. Instead, they
                                                  notice is hereby given that on August                   Background                                               generally use an active investment
                                                  16, 2016, The Nasdaq Stock Market LLC                                                                            strategy to seek to meet their investment
                                                  (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the                Rule 5735 sets forth certain rules
                                                                                                          related to the listing and trading of                    objectives. In contrast, an open-end
                                                  Securities and Exchange Commission
                                                                                                          Managed Fund Shares.4 Under Rule                         Investment Company that issues Index
                                                  (‘‘Commission’’) the proposed rule
                                                                                                          5735(c)(1), the term ‘‘Managed Fund                      Fund Shares, listed and traded on the
                                                  change as described in Items I and II
                                                                                                          Share’’ means a security that:                           Exchange pursuant to Nasdaq Rule
                                                  below, which Items have been prepared
                                                                                                             (a) Represents an interest in a                       5705(b), seeks to provide investment
                                                  by the Exchange. The Commission is
                                                                                                          registered investment company                            results that generally correspond to the
                                                  publishing this notice to solicit
                                                                                                          (‘‘Investment Company’’) organized as                    price and yield performance of a
                                                  comments on the proposed rule change
                                                                                                          an open-end management investment                        specific foreign or domestic stock index,
                                                  from interested persons.
                                                                                                          company or similar entity, that invests                  fixed income securities index, or
                                                  I. Self-Regulatory Organization’s                       in a portfolio of securities selected by                 combination thereof.
                                                  Statement of the Terms of Substance of                  the Investment Company’s investment                         All Managed Fund Shares listed and/
                                                  the Proposed Rule Change                                adviser (hereafter ‘‘Adviser’’) consistent               or traded pursuant to Rule 5735
                                                     The Exchange proposes to amend                                                                                (including pursuant to unlisted trading
                                                  Nasdaq Rule 5735 to adopt generic                          3 Except as noted below, this proposed rule           privileges) are subject to the full
                                                  listing standards for Managed Fund                      change is substantively identical to changes             panoply of Exchange rules and
                                                  Shares.                                                 approved by the Commission to NYSE Arca
                                                                                                          Equities Rule 8.600. See Securities Exchange Act
                                                                                                                                                                   procedures that currently govern the
                                                     The text of the proposed rule change                 Release No. 78397 (July 22, 2016) (SR–NYSEArca–          trading of equity securities on the
                                                  is available on the Exchange’s Web site                 2015–110) (order approving generic listing               Exchange.5
                                                  at http://nasdaq.cchwallstreet.com, at                  standards for Managed Fund Shares listed per
                                                                                                                                                                      In addition, Rule 5735(d) currently
                                                  the principal office of the Exchange, and               NYSE Arca Equities Rule 8.600). The definition of
                                                                                                          ‘‘Exchange Traded Derivative Securities’’ provided       provides for the criteria that Managed
                                                  at the Commission’s Public Reference                    in proposed Rule 5735(c)(6) is similar to, but more      Fund Shares must satisfy for initial and
                                                  Room.                                                   narrow than, the definition of ‘‘Derivative Securities   continued listing on the Exchange,
                                                                                                          Product’’ used in NYSE Arca Rule 8.600 because
                                                  II. Self-Regulatory Organization’s                      the proposed definition of Exchange Traded               including, for example, that a minimum
                                                  Statement of the Purpose of, and                        Derivative Securities does not include an Exchange       number of Managed Fund Shares are
                                                  Statutory Basis for, the Proposed Rule                  rule comparable to NYSE Arca Equities Rule 8.400         required to be outstanding at the time of
                                                                                                          (Paired Trust Shares). In addition, non-substantive
                                                  Change                                                  changes are made in order to conform the proposal
                                                                                                                                                                   commencement of trading on the
                                                    In its filing with the Commission, the                to the structure of the Exchange’s current rules. See    Exchange. However, the current process
                                                  Exchange included statements                            also Securities Exchange Act Release No. 78396           for listing and trading new series of
                                                                                                          (July 22, 2016) (SR–BATS–2015–100) (order                Managed Fund Shares on the Exchange
                                                  concerning the purpose of and basis for                 approving generic BATS listing standards for
                                                  the proposed rule change and discussed                  Managed Fund Shares).
                                                                                                                                                                   requires that the Exchange submit a
                                                  any comments it received on the                            4 See Securities Exchange Act Release No. 57962       proposed rule change with the
                                                  proposed rule change. The text of these                 (June 13, 2008), 73 FR 35175 (June 20, 2008) (SR–        Commission. In this regard, Rule
                                                                                                          NASDAQ–2008–039) (order approving Nasdaq Rule            5735(b)(1) specifies that the Exchange
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                                                  statements may be examined at the                       4420(o) and listing and trading of shares of certain
                                                  places specified in Item IV below. The                                                                           will file separate proposals under
                                                                                                          issues of Managed Fund Shares) (the ‘‘Approval
                                                  Exchange has prepared summaries, set                    Order’’). The Approval Order approved, among             Section 19(b) of the Act (hereafter, a
                                                  forth in sections A, B, and C below, of                 other things, the rules permitting the listing and       ‘‘proposed rule change’’) before listing
                                                                                                          trading of Managed Fund Shares. Rule 4420(o) was         and trading shares of an issue of
                                                                                                          subsequently relocated to Rule 5735. See Securities      Managed Fund Shares.
                                                    6 17 CFR 200.30–3(a)(31).                             Exchange Act Release No. 59663 (March 31, 2009),
                                                    1 15 U.S.C. 78s(b)(1).                                74 FR 15552 (April 6, 2009) (SR–NASDAQ–2009–
                                                    2 17 CFR 240.19b–4.                                   018).                                                     5 See   Approval Order, note 4 above, at 35177.



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Document Created: 2016-08-24 03:02:47
Document Modified: 2016-08-24 03:02:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 57967 

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