82_FR_49456 82 FR 49252 - 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)

82 FR 49252 - 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)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 204 (October 24, 2017)

Page Range49252-49253
FR Document2017-22974

Federal Register, Volume 82 Issue 204 (Tuesday, October 24, 2017)
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Pages 49252-49253]
From the Federal Register Online  [www.thefederalregister.org]
[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.
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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. 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



                                                    49252                        Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices

                                                    Development and Implementation                          arguments concerning the foregoing,                   SECURITIES AND EXCHANGE
                                                    Phases                                                  including whether the proposed OLPP                   COMMISSION
                                                       Not applicable.                                      Amendment is consistent with the Act.
                                                                                                                                                                  [Release No. 34–81895; File No. SR–
                                                                                                            Comments may be submitted by any of                   BatsBZX–2017–56]
                                                    Analysis of Impact on Competition                       the following methods:
                                                      The proposed OLPP, as amended,                                                                              Self-Regulatory Organizations; Bats
                                                                                                            Electronic Comments
                                                    does not impose any burden on                                                                                 BZX Exchange, Inc.; Notice of
                                                    competition that is not necessary or                      • Use the Commission’s Internet                     Designation of a Longer Period for
                                                    appropriate in furtherance of the                       comment form (http://www.sec.gov/                     Commission Action on a Proposed
                                                    purposes of the Exchange Act. The Plan                  rules/sro.shtml); or                                  Rule Change To List and Trade Shares
                                                    Participants do not believe that the                                                                          of Specified Series of the Innovator
                                                    proposed OLPP, as amended, introduces                     • Send an email to rule-comments@                   Shield Strategy S&P 500 Monthly Index
                                                    terms that are unreasonably                             sec.gov. Please include File Number 4–                Series and Innovator Ultra Shield
                                                    discriminatory for the purposes of                      443 on the subject line.                              Strategy S&P 500 Monthly Index Series
                                                    section 11A(c)(1)(D) of the Exchange                    Paper Comments                                        Under Rule 14.11(c)(3)
                                                    Act.
                                                                                                              • Send paper comments in triplicate                 October 18, 2017.
                                                    Written Understanding or Agreements                                                                              On August 22, 2017, Bats BZX
                                                                                                            to Secretary, Securities and Exchange
                                                    Relating to Interpretation of, or                                                                             Exchange, Inc. (‘‘Exchange’’ or ‘‘BZX’’)
                                                    Participation in, Plan                                  Commission, 100 F Street NE.,
                                                                                                                                                                  filed with the Securities and Exchange
                                                                                                            Washington, DC 20549–1090.
                                                      The Participants have no written                                                                            Commission (‘‘Commission’’), pursuant
                                                    understandings or agreements relating                   All submissions should refer to File                  to Section 19(b)(1) of the Securities
                                                    to an interpretation of the Amendment.                  Number 4–443. This file number should                 Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                    Section 7 of the OLPP sets forth how                    be included on the subject line if email              19b–4 thereunder,2 a proposed rule
                                                    any entity registered as a national                     is used. To help the Commission                       change to list and trade shares of
                                                    securities exchange or national                         process and review your comments                      specified series of the Innovator Shield
                                                    securities association may become a                     more efficiently, please use only one                 Strategy S&P 500 Monthly Index Series
                                                    Plan Sponsor.                                           method. The Commission will post all                  and Innovator Ultra Shield Strategy S&P
                                                                                                            comments on the Commission’s Internet                 500 Monthly Index Series under BZX
                                                    Approval of Amendment of the Plan                                                                             Rule 14.11(c)(3). The proposed rule
                                                                                                            Web site (http://www.sec.gov/rules/
                                                      The Amendment has been approved                       sro.shtml). Copies of the submission, all             change was published for comment in
                                                    by the Plan Sponsors in accordance                      subsequent amendments, all written                    the Federal Register on September 5,
                                                    with the terms of the plan. Each of the                 statements with respect to the plan that              2017.3 The Commission received no
                                                    Plan Participants have executed a                                                                             comments on the proposed rule change.
                                                                                                            are filed with the Commission, and all
                                                    signed copy of the Amendment.                                                                                    Section 19(b)(2) of the Act 4 provides
                                                                                                            written communications relating to the
                                                                                                                                                                  that, within 45 days of the publication
                                                    Terms and Conditions of Access                          plan between the Commission and any                   of notice of the filing of a proposed rule
                                                       Section 7 of the OLPP provides that                  person, other than those that may be                  change, or within such longer period up
                                                    any Eligible Exchange, as defined                       withheld from the public in accordance                to 90 days as the Commission may
                                                    therein, may become a Plan Sponsor by                   with the provisions of 5 U.S.C. 552, will             designate if it finds such longer period
                                                    (a) executing a copy of the Plan; (b)                   be available for Web site viewing and                 to be appropriate and publishes its
                                                    providing each then-current Plan                        printing in the Commission’s Public                   reasons for so finding or as to which the
                                                    Sponsor with a copy of such executed                    Reference Room, 100 F Street NE.,                     self-regulatory organization consents,
                                                    Plan; and (c) effecting an amendment to                 Washington, DC 20549 on official                      the Commission shall either approve the
                                                    the Plan as specified therein.                          business days between the hours of                    proposed rule change, disapprove the
                                                                                                            10:00 a.m. and 3:00 p.m. Copies of such               proposed rule change, or institute
                                                    Method of Determination and
                                                                                                            filing also will be available for                     proceedings to determine whether the
                                                    Imposition, and Amount of, Fees and
                                                                                                            inspection and copying at the Plan                    proposed rule change should be
                                                    Charges
                                                                                                            Sponsors’ principal offices. All                      disapproved. The 45th day for this filing
                                                       Not applicable.                                      comments received will be posted                      is October 20, 2017.
                                                    Method and Frequency of Processor                       without change. Persons submitting                       The Commission is extending the 45-
                                                    Evaluation                                              comments are cautioned that we do not                 day time period for Commission action
                                                                                                            redact or edit personal identifying                   on the proposed rule change. The
                                                       Not applicable.                                                                                            Commission finds that it is appropriate
                                                                                                            information from comment submissions.
                                                    Dispute Resolution                                      You should submit only information                    to designate a longer period within
                                                                                                            that you wish to make available                       which to take action on the proposed
                                                       Not applicable.                                                                                            rule change so that it has sufficient time
                                                                                                            publicly. All submissions should refer
                                                    II. Implementation of Amendment                         to File Number 4–443, and should be                   to consider the Exchange’s proposal, as
                                                                                                                                                                  described above. Accordingly, pursuant
                                                       The OLPP, as amended, will become                    submitted on or before November 14,
                                                                                                                                                                  to Section 19(b)(2) of the Act,5 the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    effective upon Commission approval.                     2017.
                                                                                                                                                                  Commission designates December 4,
                                                    The Plan Participants will implement                      By the Commission.                                  2017, as the date by which the
                                                    the OLPP, as amended, pursuant to the
                                                                                                            Eduardo A. Aleman,
                                                    terms of the Amendment upon                                                                                     1 15
                                                                                                            Assistant Secretary.                                         U.S.C. 78s(b)(1).
                                                    Commission approval.                                                                                            2 17 CFR 240.19b–4.
                                                                                                            [FR Doc. 2017–22972 Filed 10–23–17; 8:45 am]            3 See Securities Exchange Act Release No. 81495
                                                    III. Solicitation of Comments
                                                                                                            BILLING CODE 8011–01–P                                (August 29, 2017), 82 FR 42003.
                                                      Interested persons are invited to                                                                             4 15 U.S.C. 78s(b)(2).

                                                    submit written data, views, and                                                                                 5 15 U.S.C. 78s(b)(2).




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                                                                                  Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices                                                  49253

                                                    Commission shall either approve or                      II. Self-Regulatory Organization’s                      rule that were unique to the equities
                                                    disapprove or institute proceedings to                  Statement of the Purpose of, and                        market.8
                                                    determine whether to disapprove the                     Statutory Basis for, the Proposed Rule                     However, due to an oversight, the
                                                    proposed rule change (File No. SR–                      Change                                                  Merger Filing did not incorporate the
                                                    BatsBZX–2017–56).                                         In its filing with the Commission, the                NYSE Arca Equities definitions for
                                                                                                            self-regulatory organization included                   ‘‘NYSE Arca Book’’ or ‘‘UTP Security.’’
                                                      For the Commission, by the Division of
                                                                                                            statements concerning the purpose of,                   Accordingly, the Exchange proposes to
                                                    Trading and Markets, pursuant to delegated
                                                                                                            and basis for, the proposed rule change                 make the following amendments to Rule
                                                    authority.6
                                                                                                            and discussed any comments it received                  1.1:
                                                    Eduardo A. Aleman,                                                                                                 • Add new Rule 1.1(jj) with the
                                                                                                            on the proposed rule change. The text
                                                    Assistant Secretary.                                                                                            following definition of NYSE Arca
                                                                                                            of those statements may be examined at
                                                    [FR Doc. 2017–22974 Filed 10–23–17; 8:45 am]
                                                                                                            the places specified in Item IV below.                  Book: ‘‘The term ‘NYSE Arca Book’
                                                    BILLING CODE 8011–01–P                                  The Exchange has prepared summaries,                    refers to the NYSE Arca Marketplace’s
                                                                                                            set forth in sections A, B, and C below,                electronic file of orders, which contains
                                                                                                            of the most significant parts of such                   all orders entered on the NYSE Arca
                                                    SECURITIES AND EXCHANGE                                 statements.                                             Marketplace.’’ 9
                                                    COMMISSION                                                                                                         • Add new Rule 1.1(iii) with the
                                                                                                            A. Self-Regulatory Organization’s                       following definition of NYSE Arca
                                                    [Release No. 34–81894; File No. SR–
                                                                                                            Statement of the Purpose of, and the                    Book: ‘‘The term ‘UTP Security’ means
                                                    NYSEArca–2017–119]
                                                                                                            Statutory Basis for, the Proposed Rule                  a security that is listed on a national
                                                                                                            Change                                                  securities exchange other than the
                                                    Self-Regulatory Organizations; NYSE                     1. Purpose                                              Exchange and that trades on the NYSE
                                                    Arca, Inc.; Notice of Filing and                                                                                Arca Marketplace pursuant to unlisted
                                                                                                               The Exchange proposes to amend                       trading privileges.’’ 10
                                                    Immediate Effectiveness of Proposed
                                                    Rule Change To Amend NYSE Arca
                                                                                                            NYSE Arca Rule 1.1 (Definitions) and                       • Renumber the other paragraphs in
                                                                                                            Rule 7.35–E(d)(4) (Auctions) to make                    Rule 1.1 to reflect the addition of new
                                                    Rule 1.1 and Rule 7.35–E To Make
                                                                                                            technical and conforming updates in                     paragraphs (jj) and (iii).
                                                    Technical and Conforming Updates in                     connection with the recent merger of its
                                                    Connection With the Recent Merger of                                                                               In addition, the Exchange proposes to
                                                                                                            wholly-owned subsidiary NYSE Arca                       amend Rule 7.35–E(d)(4) to update cross
                                                    NYSE Arca Equities, Inc.                                Equities, Inc. with and into the                        references to the definition of ‘‘Official
                                                    October 18, 2017.                                       Exchange (the ‘‘Merger’’).                              Closing Price’’ in Rule 1.1.
                                                                                                               On June 2, 2017, the Exchange filed                     Rule 7.35–E has a notice stating that
                                                       Pursuant to Section 19(b)(1) 1 of the                rule changes with the Securities and                    an amended version of the rule has been
                                                    Securities Exchange Act of 1934                         Exchange Commission (‘‘Commission’’)                    approved but is not yet operative. The
                                                    (‘‘Act’’) 2 and Rule 19b–4 thereunder,3                 in connection with the proposed                         notice links to the amended version of
                                                    notice is hereby given that, on October                 Merger.4 On August 15, 2017, the                        the rule and the relevant approval order.
                                                    5, 2017, NYSE Arca, Inc. (the                           Exchange filed a partial amendment to                   Accordingly, the Exchange proposes to
                                                    ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with               such filing (as amended, the ‘‘Merger                   update the cross reference in the
                                                    the Securities and Exchange                             Filing’’).5 On August 17, 2017, the                     amended version of the rule. Exhibit 5B
                                                    Commission (‘‘Commission’’) the                         Commission approved the proposed                        sets forth the proposed change to the
                                                    proposed rule change as described in                    rule changes, as amended, and the                       amended but not yet operative version
                                                    Items I and II below, which Items have                  Merger occurred on that same date.6                     of the rule.
                                                    been prepared by the self-regulatory                       Prior to the Merger, NYSE Arca had
                                                                                                            two rulebooks: The NYSE Arca rules for                  2. Statutory Basis
                                                    organization. The Commission is
                                                    publishing this notice to solicit                       its options market and the NYSE Arca                       The Exchange believes that the
                                                    comments on the proposed rule change                    Equities rules for its equities market. At              proposed rule change is consistent with
                                                    from interested persons.                                the Merger, the NYSE Arca Equities                      Section 6(b) of the Exchange Act,11 in
                                                                                                            rules were integrated into the NYSE                     general, and with Section 6(b)(1) 12 in
                                                    I. Self-Regulatory Organization’s                       Arca rules, so that there is now one                    particular, in that it enables the
                                                    Statement of the Terms of Substance of                  NYSE Arca rulebook.7 In that process,                   Exchange to be so organized as to have
                                                    the Proposed Rule Change                                NYSE Arca Rule 1.1 was amended to                       the capacity to be able to carry out the
                                                                                                            incorporate NYSE Arca Equities Rule                     purposes of the Exchange Act and to
                                                      The Exchange proposes to amend                        1.1 (Definitions), including by adding                  comply, and to enforce compliance by
                                                    NYSE Arca Rule 1.1 and Rule 7.35–E to                   definitions from the NYSE Arca Equities                 its exchange members and persons
                                                    make technical and conforming updates                                                                           associated with its exchange members,
                                                    in connection with the recent merger of                    4 See Securities Exchange Act Release No. 80929      with the provisions of the Exchange Act,
                                                    NYSE Arca Equities, Inc. (‘‘NYSE Arca                   (June 14, 2017), 82 FR 28157 (June 20, 2017) (SR–       the rules and regulations thereunder,
                                                    Equities’’) with and into the Exchange.                 NYSEArca–2017–40) (Notice).
                                                                                                               5 See Partial Amendment 2 to SR–NYSEArca–
                                                                                                                                                                    and the rules of the Exchange.
                                                    The proposed rule change is available                   2017–40 (August 15, 2017). The Amendment also
                                                    on the Exchange’s Web site at                           was submitted to the Commission as a comment
                                                                                                                                                                      8 See  id. at 40047.
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                                                    www.nyse.com, at the principal office of                letter on the Original Filing. See letter from Martha     9 See  Securities Exchange Act Release No. 79078
                                                                                                            Redding, Associate General Counsel, NYSE Group,         (October 11, 2016), 81 FR 71559 (October 17, 2016)
                                                    the Exchange, and at the Commission’s                                                                           (SR–NYSEArca–2016–135).
                                                                                                            to Brent J. Fields, Secretary, Commission (August
                                                    Public Reference Room.                                  15, 2017), available at https://www.sec.gov/               10 See Securities Exchange Act Release No. 75467

                                                                                                            comments/sr-nysearca-2017-40/nysearca201740-            (July 16, 2015), 80 FR 43515 (July 22, 2015) (SR–
                                                      6 17
                                                                                                            2221802-160732.pdf.                                     NYSEArca–2015–58). See also Securities Exchange
                                                           CFR 200.30–3(a)(31).                                6 See Securities Exchange Act Release No. 81419      Act Release No. 76198 (October 20, 2015), 80 FR
                                                      1 15 U.S.C. 78s(b)(1).                                (August 17, 2017), 82 FR 40044 (August 23, 2017)        65274 (October 26, 2015) (SR–NYSEArca–2015–58).
                                                      2 15 U.S.C. 78a.
                                                                                                            (SR–NYSEArca–2017–40) (Approval Order).                    11 15 U.S.C. 78f(b).
                                                      3 17 CFR 240.19b–4.                                      7 See id. at 40044.                                     12 15 U.S.C. 78f(b)(1).




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Document Created: 2018-10-25 10:09:10
Document Modified: 2018-10-25 10:09:10
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 49252 

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