83 FR 51520 - Securities Exchange Act of 1934

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 197 (October 11, 2018)

Page Range		51520-51520
FR Document		2018-22094

Federal Register, Volume 83 Issue 197 (Thursday, October 11, 2018)

[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Page 51520]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22094]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84369]


Securities Exchange Act of 1934

October 4, 2018.
    In the Matter of the NYSE Arca, Inc.; Order Scheduling Filing of 
Statements on Review for an Order of Disapproval of Proposed Rule 
Change To List and Trade the Shares of the ProShares Bitcoin ETF and 
the ProShares Short Bitcoin ETF (File No. SR-NYSEArca-2017-139).
    On December 4, 2017, NYSE Arca Inc. (``NYSE Arca'') filed with the 
Securities and Exchange Commission (``Commission''), pursuant to 
Section 19(b)(1) of the Securities Exchange Act (``Exchange Act'') \1\ 
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade 
shares of the ProShares Bitcoin ETF and the ProShares Short Bitcoin ETF 
issued by the ProShares Trust II under NYSE Arca Rule 8.200-E, 
Commentary .02. The proposed rule change was published for comment in 
the Federal Register on December 26, 2017.\3\
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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. 82350 (Dec. 19, 
2017), 82 FR 61100 (Dec. 26, 2017).
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    On January 30, 2018, pursuant to Section 19(b)(2) of the Exchange 
Act,\4\ the Commission designated a longer period within which to 
approve the proposed rule change, disapprove the proposed rule change, 
or institute proceedings to determine whether to approve or disapprove 
the proposed rule change.\5\ On March 23, 2018, the Commission 
instituted proceedings under Section 19(b)(2)(B) of the Exchange Act 
\6\ to determine whether to approve or disapprove the proposed rule 
change.\7\ On June 15, 2018, the Commission extended the period for 
consideration of the proposed rule change to August 23, 2018.\8\
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    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 82602 (Jan. 30, 
2018), 83 FR 4941 (Feb. 2, 2018).
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 82939 (Mar. 23, 
2018), 83 FR 13537 (Mar. 29, 2018).
    \8\ See Securities Exchange Act Release No. 83452 (June 15, 
2018), 83 FR 28894 (June 21, 2018).
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    On August 22, 2018, the Division of Trading and Markets, pursuant 
to delegated authority,\9\ issued an order disapproving the proposed 
rule change.\10\ On August 23, 2018, the Secretary of the Commission 
notified NYSEArca that, pursuant to Commission Rule of Practice 
431,\11\ the Commission would review the Division's action pursuant to 
delegated authority and that the Division's action pursuant to 
delegated authority had been automatically stayed.\12\
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    \9\ 17 CFR 200.30-3(a)(12).
    \10\ See Securities Exchange Act Release No. 83904 (Aug. 22, 
2018), 83 FR 43934 (Aug. 28, 2018) (SR-NYSEArca-2017-139) 
(``Disapproval Order'').
    \11\ See 17 CFR 201.431(c).
    \12\ See Letter from Secretary of the Commission to David De 
Gregorio, Senior Counsel, NYSE Group, Inc. (Aug. 23, 2018), 
available at https://www.sec.gov/rules/sro/nysearca/2018/34-83904-letter-from-secretary.pdf.
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    Accordingly, it is ordered, pursuant to Commission Rule of Practice 
431, that by November 5, 2018, any party or other person may file a 
statement in support of, or in opposition to, the action made pursuant 
to delegated authority.
    It is further ordered that the order disapproving proposed rule 
change SR-NYSEArca-2017-139 shall remain in effect pending the 
Commission's review.

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-22094 Filed 10-10-18; 8:45 am]
 BILLING CODE 8011-01-P

51520 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices

change is consistent with the Act. SECURITIES AND EXCHANGE Commission Rule of Practice 431,11 the
Comments may be submitted by any of COMMISSION Commission would review the
the following methods: Division’s action pursuant to delegated
[Release No. 34–84369]
authority and that the Division’s action
Electronic Comments
Securities Exchange Act of 1934 pursuant to delegated authority had
• Use the Commission’s internet been automatically stayed.12
comment form (http://www.sec.gov/ October 4, 2018. Accordingly, it is ordered, pursuant to
rules/sro.shtml); or In the Matter of the NYSE Arca, Inc.; Commission Rule of Practice 431, that
• Send an email to rule-comments@ Order Scheduling Filing of Statements by November 5, 2018, any party or other
sec.gov. Please include File Number SR– on Review for an Order of Disapproval person may file a statement in support
PEARL–2018–20 on the subject line. of Proposed Rule Change To List and of, or in opposition to, the action made
Trade the Shares of the ProShares pursuant to delegated authority.
Paper Comments Bitcoin ETF and the ProShares Short It is further ordered that the order
• Send paper comments in triplicate Bitcoin ETF (File No. SR–NYSEArca– disapproving proposed rule change SR–
to Brent J. Fields, Secretary, Securities 2017–139). NYSEArca–2017–139 shall remain in
On December 4, 2017, NYSE Arca Inc. effect pending the Commission’s review.
and Exchange Commission, 100 F Street
(‘‘NYSE Arca’’) filed with the Securities
NE, Washington, DC 20549–1090. By the Commission.
and Exchange Commission
All submissions should refer to File (‘‘Commission’’), pursuant to Section Eduardo A. Aleman,
Number SR–PEARL–2018–20. This file 19(b)(1) of the Securities Exchange Act Assistant Secretary.
number should be included on the (‘‘Exchange Act’’) 1 and Rule 19b–4 [FR Doc. 2018–22094 Filed 10–10–18; 8:45 am]
subject line if email is used. To help the thereunder,2 a proposed rule change to BILLING CODE 8011–01–P
Commission process and review your list and trade shares of the ProShares
comments more efficiently, please use Bitcoin ETF and the ProShares Short
only one method. The Commission will Bitcoin ETF issued by the ProShares SECURITIES AND EXCHANGE
post all comments on the Commission’s Trust II under NYSE Arca Rule 8.200– COMMISSION
internet website (http://www.sec.gov/ E, Commentary .02. The proposed rule [Securities Exchange Act of 1934; Release
rules/sro.shtml). Copies of the change was published for comment in No. 34–84368/October 4, 2018]
submission, all subsequent the Federal Register on December 26,
amendments, all written statements 2017.3 In the Matter of the Cboe BZX
with respect to the proposed rule On January 30, 2018, pursuant to Exchange, Inc.; For an Order of
change that are filed with the Section 19(b)(2) of the Exchange Act,4 Disapproval of Proposed Rule Change
Commission, and all written the Commission designated a longer To List and Trade the Shares of the
communications relating to the period within which to approve the GraniteShares Bitcoin ETF and the
proposed rule change between the proposed rule change, disapprove the GraniteShares Short Bitcoin ETF (File
Commission and any person, other than proposed rule change, or institute No. SR–CboeBZX–2018–001); Order
those that may be withheld from the proceedings to determine whether to Scheduling Filing of Statements on
public in accordance with the approve or disapprove the proposed Review
provisions of 5 U.S.C. 552, will be rule change.5 On March 23, 2018, the
available for website viewing and Commission instituted proceedings On January 5, 2018, Cboe BZX
printing in the Commission’s Public under Section 19(b)(2)(B) of the Exchange, Inc. (‘‘BZX’’) filed with the
Reference Room, 100 F Street NE, Exchange Act 6 to determine whether to Securities and Exchange Commission
Washington, DC 20549, on official approve or disapprove the proposed (‘‘Commission’’), pursuant to Section
business days between the hours of rule change.7 On June 15, 2018, the 19(b)(1) of the Securities Exchange Act
10:00 a.m. and 3:00 p.m. Copies of the Commission extended the period for of 1934 (‘‘Exchange Act’’) 1 and Rule
filing also will be available for consideration of the proposed rule 19b–4 thereunder,2 a proposed rule
inspection and copying at the principal change to August 23, 2018.8 change to list and trade shares of the
office of the Exchange. All comments On August 22, 2018, the Division of GraniteShares Bitcoin ETF and the
received will be posted without change. Trading and Markets, pursuant to GraniteShares Short Bitcoin ETF issued
Persons submitting comments are delegated authority,9 issued an order by the GraniteShares ETP Trust under
cautioned that the Commission does not disapproving the proposed rule BZX Rule 14.11(f)(4).3 The proposed
edit personal identifying information change.10 On August 23, 2018, the rule change was published for comment
from submissions. You should submit Secretary of the Commission notified in the Federal Register on January 18,
only information that you wish to make NYSEArca that, pursuant to 2018.4
available publicly. All submissions On February 22, 2018, pursuant to
should refer to File Number SR–
1 15 U.S.C. 78s(b)(1). Section 19(b)(2) of the Exchange Act,
PEARL–2018–20 and should be
2 17 CFR 240.19b–4. the Commission designated a longer
3 See Securities Exchange Act Release No. 82350
submitted on or before November 1, (Dec. 19, 2017), 82 FR 61100 (Dec. 26, 2017). 11 See 17 CFR 201.431(c).
2018. 4 15 U.S.C. 78s(b)(2). 12 See Letter from Secretary of the Commission to
5 See Securities Exchange Act Release No. 82602
For the Commission, by the Division of David De Gregorio, Senior Counsel, NYSE Group,
Trading and Markets, pursuant to delegated (Jan. 30, 2018), 83 FR 4941 (Feb. 2, 2018). Inc. (Aug. 23, 2018), available at https://
khammond on DSK30JT082PROD with NOTICES

6 15 U.S.C. 78s(b)(2)(B). www.sec.gov/rules/sro/nysearca/2018/34-83904-
authority.14
7 See Securities Exchange Act Release No. 82939 letter-from-secretary.pdf.
Eduardo A. Aleman, (Mar. 23, 2018), 83 FR 13537 (Mar. 29, 2018). 1 15 U.S.C. 78s(b)(1).

Assistant Secretary. 8 See Securities Exchange Act Release No. 83452 2 17 CFR 240.19b–4.

[FR Doc. 2018–22045 Filed 10–10–18; 8:45 am] (June 15, 2018), 83 FR 28894 (June 21, 2018). 3 On August 21, 2018, BZX filed Amendment No.
9 17 CFR 200.30–3(a)(12). 1 to the proposal, and on August 22, 2018, BZX
BILLING CODE 8011–01–P
10 See Securities Exchange Act Release No. 83904 filed Amendment No. 2 to the proposal.
(Aug. 22, 2018), 83 FR 43934 (Aug. 28, 2018) (SR– 4 See Securities Exchange Act Release No. 82484
14 17 CFR 200.30–3(a)(12). NYSEArca-2017–139) (‘‘Disapproval Order’’). (Jan. 11, 2018), 83 FR 2704 (Jan. 18, 2018).

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Document Created: 2018-10-11 15:36:01
Document Modified: 2018-10-11 15:36:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 51520