82_FR_61861 82 FR 61613 - 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)

82 FR 61613 - 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)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 248 (December 28, 2017)

Page Range61613-61613
FR Document2017-28002

Federal Register, Volume 82 Issue 248 (Thursday, December 28, 2017)
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Page 61613]
From the Federal Register Online  [www.thefederalregister.org]
[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



                                                                          Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices                                                    61613

                                                SECURITIES AND EXCHANGE                                 to consider the Exchange’s proposal.                    Rule 19d–1(c)(2) under the Act,6 the
                                                COMMISSION                                              Accordingly, pursuant to Section                        Exchange proposed to designate certain
                                                                                                        19(b)(2) of the Act,5 the Commission                    specified rule violations as eligible for
                                                [Release No. 34–82387; File No. SR–
                                                                                                        designates February 20, 2018, as the                    consideration as minor rule violations,
                                                BatsBZX–2017–72]
                                                                                                        date by which the Commission shall                      and requested that it be relieved of the
                                                Self-Regulatory Organizations; Cboe                     either approve or disapprove or institute               prompt reporting requirements
                                                BZX Exchange, Inc.; Notice of                           proceedings to determine whether to                     regarding such violations, provided it
                                                Designation of a Longer Period for                      disapprove the proposed rule change                     gives notice of the violations to the
                                                Commission Action on a Proposed                         (File No. SR–BatsBZX–2017–72).                          Commission on a quarterly basis.
                                                Rule Change To List and Trade Shares                      For the Commission, by the Division of                   The Exchange proposed to include in
                                                of the Innovator S&P 500 15% Shield                     Trading and Markets, pursuant to delegated
                                                                                                        authority.6
                                                                                                                                                                its MRVP the procedures and violations
                                                Strategy ETF Series, Innovator S&P                                                                              currently included in Exchange Rule
                                                500 Ø5% to Ø35% Shield Strategy ETF                     Eduardo A. Aleman,
                                                                                                                                                                1014 (‘‘Imposition of Fines for Minor
                                                Series, Innovator S&P 500 Enhance                       Assistant Secretary.
                                                                                                                                                                Rule Violations’’).7 According to the
                                                and 10% Shield Strategy ETF Series,                     [FR Doc. 2017–28002 Filed 12–27–17; 8:45 am]
                                                                                                                                                                Exchange’s proposed MRVP, under
                                                and Innovator S&P 500 Ultra Strategy                    BILLING CODE 8011–01–P
                                                                                                                                                                Exchange Rule 1014, the Exchange may
                                                ETF Series Under Rule 14.11(i)
                                                                                                                                                                impose a fine (not to exceed $2,500) on
                                                December 21, 2017.                                      SECURITIES AND EXCHANGE                                 any Member, or person associated with
                                                   On November 7, 2017, Cboe BZX                        COMMISSION                                              or employed by a Member, for any rule
                                                Exchange, Inc. (the ‘‘Exchange’’ or                                                                             listed in Rule 1014(d).8 The Exchange
                                                ‘‘BZX’’) filed with the Securities and                  [Release No. 34–82385; File No. 4–715]                  shall serve the person against whom a
                                                Exchange Commission (‘‘Commission’’),                                                                           fine is imposed with a written statement
                                                                                                        Self-Regulatory Organizations; MIAX
                                                pursuant to Section 19(b)(1) of the                                                                             setting forth the rule or rules violated,
                                                                                                        PEARL, LLC; Order Declaring Effective
                                                Securities Exchange Act of 1934                                                                                 the act or omission constituting each
                                                                                                        a Minor Rule Violation Plan
                                                (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a                                                                       such violation, the fine imposed, and
                                                proposed rule change to list and trade                  December 21, 2017.                                      the date by which such determination
                                                shares of the Innovator S&P 500 15%                        On November 16, 2017, MIAX                           becomes final or by which such
                                                Shield Strategy ETF Series, Innovator                   PEARL, LLC (‘‘Exchange’’) filed with the                determination must be contested. If the
                                                S&P 500 ¥5% to ¥35% Shield Strategy                     Securities and Exchange Commission                      person against whom the fine is
                                                ETF Series, Innovator S&P 500 Enhance                   (‘‘Commission’’) a proposed minor rule                  imposed pays the fine, the payment
                                                and 10% Shield Strategy ETF Series,                     violation plan (‘‘MRVP’’ or ‘‘Plan’’)                   shall be deemed to be a waiver of the
                                                and Innovator S&P 500 Ultra Strategy                    pursuant to Section 19(d)(1) of the                     person’s right to a disciplinary
                                                ETF Series under BZX Rule 14.11(i).                     Securities Exchange Act of 1934                         proceeding and any review of the matter
                                                The proposed rule change was                            (‘‘Act’’) 1 and Rule 19d–1(c)(2)                        under the Exchange rules. Any person
                                                published for comment in the Federal                    thereunder.2 The proposed MRVP was                      against whom a fine is imposed may
                                                Register on November 22, 2017.3 The                     published for comment on November                       contest the Exchange’s determination by
                                                Commission received no comments on                      28, 2017.3 The Commission received no                   filing with the Exchange a written
                                                the proposed rule change.                               comments on the proposal. This order                    answer, at which point the matter shall
                                                   Section 19(b)(2) of the Act 4 provides               declares the Exchange’s proposed MRVP
                                                that, within 45 days of the publication                 effective.                                              by the Commission is not considered ‘‘final’’ for
                                                of notice of the filing of a proposed rule                 The Exchange’s MRVP specifies the                    purposes of Section 19(d)(1) of the Act if the
                                                change, or within such longer period up                 rule violations which will be included                  sanction imposed consists of a fine not exceeding
                                                to 90 days as the Commission may                        in the Plan and will have sanctions not                 $2,500 and the sanctioned person has not sought an
                                                designate if it finds such longer period                exceeding $2,500. Any violations which                  adjudication, including a hearing, or otherwise
                                                                                                                                                                exhausted his administrative remedies.
                                                to be appropriate and publishes its                     are resolved under the MRVP would not                     6 17 CFR 240.19d–1(c)(2).
                                                reasons for so finding or as to which the               be subject to the provisions of Rule 19d–                 7 The Exchange received its grant of registration
                                                self-regulatory organization consents,                  1(c)(1) of the Act,4 which requires that                on December 13, 2016, which included approving
                                                the Commission shall either approve the                 a self-regulatory organization (‘‘SRO’’)                the rules that govern the Exchange. See Securities
                                                proposed rule change, disapprove the                    promptly file notice with the                           Exchange Act Release No. 79543 (December 13,
                                                                                                                                                                2016), 81 FR 92901 (December 20, 2016).
                                                proposed rule change, or institute                      Commission of any final disciplinary                      8 While Rule 1014 allows the Exchange to
                                                proceedings to determine whether the                    action taken with respect to any person                 administer fines up to $5,000, the Exchange is only
                                                proposed rule change should be                          or organization.5 In accordance with                    seeking relief from the reporting requirements of
                                                disapproved. The 45th day after                                                                                 paragraph (c)(1) of Rule 19d–1 for fines
                                                publication of the notice for this filing                 5 15 U.S.C. 78s(b)(2).                                administered under Rule 1014(d) that do not exceed
                                                                                                                                                                $2,500.
                                                is January 6, 2018.                                       6 17 CFR 200.30–3(a)(31).
                                                                                                                                                                  Under the proposed MRVP, violations of the
                                                                                                          1 15 U.S.C. 78s(d)(1)
                                                   The Commission is extending the 45-                                                                          following rules would be appropriate for
                                                                                                          2 17 CFR 240.19d–1(c)(2).
                                                day time period for Commission action                                                                           disposition under the MRVP: Rule 307 (Position
                                                                                                          3 See Securities Exchange Act Release No. 82146
                                                on the proposed rule change. The                                                                                Limits); Rule 803 (Focus Reports); Rule 804
                                                                                                        (November 22, 2017), 82 FR 56280 (‘‘Notice’’).          (Requests for Trade Data); Rule 520 (Order Entry);
                                                Commission finds that it is appropriate                   4 17 CFR 240.19d–1(c)(1).
                                                                                                                                                                Rule 605 (Execution of Orders in Appointed
                                                to designate a longer period within                       5 The Commission adopted amendments to                Options); Rule 314 (Mandatory Systems Testing);
sradovich on DSK3GMQ082PROD with NOTICES




                                                which to take action on the proposed                    paragraph (c) of Rule 19d–1 to allow SROs to            Rule 700 (Exercise of Option Contracts); Rule 309
                                                rule change so that it has sufficient time              submit for Commission approval plans for the            (Exercise Limits); Rule 310 (Reports Related to
                                                                                                        abbreviated reporting of minor disciplinary             Position Limits); Rule 403 (Trading in Restricted
                                                  1 15
                                                                                                        infractions. See Securities Exchange Act Release        Classes); Rule 605 (Market Maker Quotations); and
                                                       U.S.C. 78s(b)(1).                                No. 21013 (June 1, 1984), 49 FR 23828 (June 8,          Rules 1301, 1302, and 1303 (Failure to Timely File
                                                  2 17 CFR 240.19b–4.                                   1984). Any disciplinary action taken by an SRO          Amendments to Form U4, Form U5, and Form BD).
                                                  3 See Securities Exchange Act Release No. 82097
                                                                                                        against any person for violation of a rule of the SRO   According to the Exchange, Conduct and Decorum
                                                (November 16, 2017), 82 FR 55689.                       which has been designated as a minor rule violation     Policies under Rule 1014(d)(4) are excluded from
                                                  4 15 U.S.C. 78s(b)(2).                                pursuant to a plan filed with and declared effective    the proposed MRVP. See Notice, supra note 3.



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Document Created: 2017-12-28 00:43:51
Document Modified: 2017-12-28 00:43:51
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 61613 

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