82_FR_19851 82 FR 19770 - Order Granting Petition for Review and Scheduling Filing of Statements; in the Matter of Bats BZX Exchange, Inc.; Regarding an Order Disapproving a Proposed Rule Change, as Modified by Amendments No. 1 and 2, to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, To List and Trade Shares Issued by the Winklevoss Bitcoin Trust

82 FR 19770 - Order Granting Petition for Review and Scheduling Filing of Statements; in the Matter of Bats BZX Exchange, Inc.; Regarding an Order Disapproving a Proposed Rule Change, as Modified by Amendments No. 1 and 2, to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, To List and Trade Shares Issued by the Winklevoss Bitcoin Trust

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 81 (April 28, 2017)

Page Range19770-19770
FR Document2017-08565

Federal Register, Volume 82 Issue 81 (Friday, April 28, 2017) 
[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Notices]
[Page 19770]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08565]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80511]


Order Granting Petition for Review and Scheduling Filing of 
Statements; in the Matter of Bats BZX Exchange, Inc.; Regarding an 
Order Disapproving a Proposed Rule Change, as Modified by Amendments 
No. 1 and 2, to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, To 
List and Trade Shares Issued by the Winklevoss Bitcoin Trust

April 24, 2017.
    This matter comes before the Securities and Exchange Commission 
(``Commission'') on petition to review the disapproval, through 
delegated authority, of the Bats BZX Exchange, Inc. (``BZX'') proposed 
rule change to list and trade shares of the Winklevoss Bitcoin Trust as 
Commodity-Based Trust Shares under BZX Rule 14.11(e)(4).
    On July 8, 2016, the Commission issued a notice of filing of the 
proposed rule change filed with the Commission pursuant to Section 
19(b)(1) of the Securities Exchange Act of 1934 (``Exchange Act'') \1\ 
and Rule 19b-4 \2\ thereunder.\3\ On August 23, 2016, the Commission 
designated a longer time period within which to act on the proposed 
rule change.\4\ On October 12, 2016, the Commission instituted 
proceedings under Section 19(b)(2)(B) of the Exchange Act \5\ to 
determine whether to approve or disapprove the proposed rule change.\6\ 
On January 4, 2017, the Commission designated a longer period for 
Commission action on the proposed rule change.\7\ After consideration 
of the record in the proposed rule change, the Division of Trading and 
Markets (``Division''), pursuant to delegated authority,\8\ issued an 
order disapproving the proposed rule change (``Disapproval Order'') on 
March 10, 2017.\9\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Notice of Filing of a Proposed Rule Change to BZX Rule 
14.11(e)(4), Commodity-Based Trust Shares, to List and Trade 
Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust, 
Securities Exchange Act of 1934, Release No. 78262 (July 8, 2016), 
81 FR 45554 (July 14, 2016).
    \4\ Notice of Designation of a Longer Period for Commission 
Action on Proposed Rule Change to BZX Rule 14.11(e)(4), Commodity-
Based Trust Shares, to List and Trade Winklevoss Bitcoin Shares 
Issued by the Winklevoss Bitcoin Trust, Securities Exchange Act of 
1934, Release No. 78653 (August 23, 2016), 81 FR 59256 (August 29, 
2016).
    \5\ 15 U.S.C. 78s(b)(2)(B).
    \6\ Order Instituting Proceedings to Determine Whether to 
Approve or Disapprove a Proposed Rule Change to BZX Rule 
14.11(e)(4), Commodity-Based Trust Shares, to List and Trade 
Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust, 
Securities Exchange Act of 1934, Release No. 79084 (October 12, 
2016), 81 FR 71778 (October 18, 2016). On October 20, 2016, BZX 
filed Amendment No. 1 to the proposed rule change, replacing the 
original filing in its entirety. See Exchange Act Release No. 79183 
(October 28, 2016), 81 FR 76650 (November 3, 2016).
    \7\ Notice of Designation of a Longer Period for Commission 
Action on Proceedings to Determine Whether to Approve or Disapprove 
a Proposed Rule Change, as Modified by Amendment No. 1, to BZX Rule 
14.11(e)(4), Commodity-Based Trust Shares, to List and Trade 
Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust, 
Securities Exchange Act of 1934, Release No. 79725 (January 4, 
2017), 82 FR 2425 (January 9, 2017). On February 22, 2017, BZX filed 
Amendment No. 2 to the proposed rule change, which did not 
materially alter the substance of the proposed rule change. 
Amendment No. 2 is available on the Commission's Web site at https://www.sec.gov/comments/sr-batsbzx-2016-30/batsbzx201630-1594698-132357.pdf.
    \8\ 17 CFR 200.30-3(a)(12).
    \9\ Order Disapproving a Proposed Rule Change, as Modified by 
Amendments No. 1 and 2, to BZX Rule 14.1(e)(4), Commodity-Based 
Trust Shares, to List and Trade Shares Issued by the Winklevoss 
Bitcoin Trust, Securities Exchange Act of 1934, Release No. 80206 
(March 10, 2017), 82 FR 14076 (March 16, 2017).
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    On March 24, 2017, pursuant to Rule 430 of the Rules of 
Practice,\10\ BZX filed a petition for review of the Disapproval Order. 
Pursuant to Rule 431 of the Rules of Practice,\11\ BZX's petition for 
review of the Disapproval Order is granted. Further, the Commission 
hereby establishes that any party to the action or other person may 
file a written statement in support of or in opposition to the 
Disapproval Order on or before May 15, 2017.
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    \10\ 17 CFR 201.430.
    \11\ 17 CFR 201.431.
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    For the reasons stated above, it is hereby:
    Ordered that the petition of BZX for review of the Division's 
action to disapprove the proposed rule change by delegated authority be 
granted; and
    It is further ordered that any party or other person may file a 
statement in support of or in opposition to the action made pursuant to 
delegated authority on or before May 15, 2017.
    The order disapproving such proposed rule change shall remain in 
effect.

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-08565 Filed 4-27-17; 8:45 am]
BILLING CODE 8011-01-P

19770 Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices IV. Solicitation of Comments For the Commission, by the Division of 2017, the Commission designated a Trading and Markets, pursuant to delegated longer period for Commission action on Interested persons are invited to authority.21 the proposed rule change.7 After submit written data, views, and Eduardo A. Aleman, consideration of the record in the arguments concerning the foregoing, Assistant Secretary. proposed rule change, the Division of including whether the proposed rule [FR Doc. 2017–08575 Filed 4–27–17; 8:45 am] Trading and Markets (‘‘Division’’), change is consistent with the Act. BILLING CODE 8011–01–P pursuant to delegated authority,8 issued Comments may be submitted by any of an order disapproving the proposed rule the following methods: change (‘‘Disapproval Order’’) on March SECURITIES AND EXCHANGE 10, 2017.9 Electronic Comments COMMISSION On March 24, 2017, pursuant to Rule • Use the Commission’s Internet 430 of the Rules of Practice,10 BZX filed [Release No. 34–80511] a petition for review of the Disapproval comment form (http://www.sec.gov/ Order Granting Petition for Review and Order. Pursuant to Rule 431 of the Rules rules/sro.shtml); or of Practice,11 BZX’s petition for review Scheduling Filing of Statements; in the • Send an email to rule-comments@ of the Disapproval Order is granted. Matter of Bats BZX Exchange, Inc.; sec.gov. Please include File Number SR– Further, the Commission hereby Regarding an Order Disapproving a IEX–2017–11 on the subject line. establishes that any party to the action Proposed Rule Change, as Modified by Amendments No. 1 and 2, to BZX Rule or other person may file a written Paper Comments statement in support of or in opposition 14.11(e)(4), Commodity-Based Trust • Send paper comments in triplicate to the Disapproval Order on or before Shares, To List and Trade Shares to Brent J. Fields, Secretary, Securities May 15, 2017. Issued by the Winklevoss Bitcoin Trust For the reasons stated above, it is and Exchange Commission, 100 F Street April 24, 2017. hereby: NE., Washington, DC 20549–1090. Ordered that the petition of BZX for This matter comes before the All submissions should refer to File Securities and Exchange Commission review of the Division’s action to Number SR–IEX–2017–11. This file (‘‘Commission’’) on petition to review disapprove the proposed rule change by number should be included on the the disapproval, through delegated delegated authority be granted; and subject line if email is used. To help the It is further ordered that any party or authority, of the Bats BZX Exchange, Commission process and review your other person may file a statement in Inc. (‘‘BZX’’) proposed rule change to support of or in opposition to the action comments more efficiently, please use list and trade shares of the Winklevoss made pursuant to delegated authority on only one method. The Commission will Bitcoin Trust as Commodity-Based or before May 15, 2017. post all comments on the Commission’s Trust Shares under BZX Rule The order disapproving such Internet Web site (http://www.sec.gov/ 14.11(e)(4). proposed rule change shall remain in rules/sro.shtml). Copies of the On July 8, 2016, the Commission effect. submission, all subsequent issued a notice of filing of the proposed rule change filed with the Commission By the Commission. amendments, all written statements pursuant to Section 19(b)(1) of the Eduardo A. Aleman, with respect to the proposed rule Securities Exchange Act of 1934 Assistant Secretary. change that are filed with the Commission, and all written (‘‘Exchange Act’’) 1 and Rule 19b–4 2 [FR Doc. 2017–08565 Filed 4–27–17; 8:45 am] communications relating to the thereunder.3 On August 23, 2016, the BILLING CODE 8011–01–P proposed rule change between the Commission designated a longer time period within which to act on the Securities Exchange Act of 1934, Release No. 79084 Commission and any person, other than (October 12, 2016), 81 FR 71778 (October 18, 2016). proposed rule change.4 On October 12, those that may be withheld from the On October 20, 2016, BZX filed Amendment No. 1 2016, the Commission instituted to the proposed rule change, replacing the original public in accordance with the proceedings under Section 19(b)(2)(B) of filing in its entirety. See Exchange Act Release No. provisions of 5 U.S.C. 552, will be the Exchange Act 5 to determine 79183 (October 28, 2016), 81 FR 76650 (November available for Web site viewing and whether to approve or disapprove the 3, 2016). printing in the Commission’s Public proposed rule change.6 On January 4, 7 Notice of Designation of a Longer Period for Reference Room, 100 F Street NE., Commission Action on Proceedings to Determine Whether to Approve or Disapprove a Proposed Rule Washington, DC 20549 on official 21 17 CFR 200.30–3(a)(12). Change, as Modified by Amendment No. 1, to BZX business days between the hours of 1 15 U.S.C. 78s(b)(1). Rule 14.11(e)(4), Commodity-Based Trust Shares, to 10:00 a.m. and 3:00 p.m. Copies of such 2 17 CFR 240.19b–4. List and Trade Winklevoss Bitcoin Shares Issued by 3 Notice of Filing of a Proposed Rule Change to the Winklevoss Bitcoin Trust, Securities Exchange filing also will be available for Act of 1934, Release No. 79725 (January 4, 2017), BZX Rule 14.11(e)(4), Commodity-Based Trust inspection and copying at the principal Shares, to List and Trade Winklevoss Bitcoin Shares 82 FR 2425 (January 9, 2017). On February 22, 2017, office of the Exchange. All comments Issued by the Winklevoss Bitcoin Trust, Securities BZX filed Amendment No. 2 to the proposed rule received will be posted without change; Exchange Act of 1934, Release No. 78262 (July 8, change, which did not materially alter the 2016), 81 FR 45554 (July 14, 2016). substance of the proposed rule change. Amendment the Commission does not edit personal 4 Notice of Designation of a Longer Period for No. 2 is available on the Commission’s Web site at identifying information from Commission Action on Proposed Rule Change to https://www.sec.gov/comments/sr-batsbzx-2016-30/ submissions. You should submit only BZX Rule 14.11(e)(4), Commodity-Based Trust batsbzx201630-1594698-132357.pdf. asabaliauskas on DSK3SPTVN1PROD with NOTICES 8 17 CFR 200.30–3(a)(12). information that you wish to make Shares, to List and Trade Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust, Securities 9 Order Disapproving a Proposed Rule Change, as available publicly. All submissions Exchange Act of 1934, Release No. 78653 (August Modified by Amendments No. 1 and 2, to BZX Rule should refer to File Number SR–IEX– 23, 2016), 81 FR 59256 (August 29, 2016). 14.1(e)(4), Commodity-Based Trust Shares, to List 2017–11, and should be submitted on or 5 15 U.S.C. 78s(b)(2)(B). and Trade Shares Issued by the Winklevoss Bitcoin 6 Order Instituting Proceedings to Determine Trust, Securities Exchange Act of 1934, Release No. before May 19, 2017. 80206 (March 10, 2017), 82 FR 14076 (March 16, Whether to Approve or Disapprove a Proposed Rule Change to BZX Rule 14.11(e)(4), Commodity-Based 2017). 10 17 CFR 201.430. Trust Shares, to List and Trade Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust, 11 17 CFR 201.431. VerDate Sep<11>2014 17:38 Apr 27, 2017 Jkt 241001 PO 00000 Frm 00119 Fmt 4703 Sfmt 9990 E:\FR\FM\28APN1.SGM 28APN1


Document Created: 2017-04-28 03:02:05
Document Modified: 2017-04-28 03:02:05
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 Citation82 FR 19770 
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