64430 Federal Register / Vol. 79, No. 209 / Wednesday, October 29, 2014 / Notices 

86 15 U.S.C. 78s(b)(2). 

87 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 72015 

(Apr. 24, 2014), 79 FR 24475 (‘‘Notice’’). 

4 In Amendment No. 1, the Exchange clarified the 

valuation of investments for purposes of calculating 

net asset value, provided additional details 

regarding the dissemination of the Disclosed 

Portfolio, and made other minor technical edits to 

the proposed rule change. Amendment No. 1 

provided clarification to the proposed rule change, 

and because it does not materially affect the 

substance of the proposed rule change or raise 

novel or unique regulatory issues, Amendment No. 

1 is not subject to notice and comment. 

5The Exchange filed Amendment No. 2 on June 

4, 2014 and withdrew it on June 5, 2014, and filed 

Amendment No. 3 on June 5, 2014 and withdrew 

it on June 6, 2014. Amendment No. 4 supersedes 

both Amendment Nos. 2 and 3. In Amendment No. 

4, the Exchange amended the proposal to reflect a 

name change to the Fund and the underlying index. 

Specifically, the Exchange replaced each reference 

to ‘‘Reality Shares Isolated Dividend Growth Index 

ETF’’ in the proposal with ‘‘Reality Shares DIVS 

Index ETF’’ and replaced each reference to ‘‘Reality 

Shares Isolated Dividend Growth Index’’ in the 

proposal with ‘‘Reality Shares DIVS Index.’’ 

Amendment No. 4 is a technical amendment and 

is not subject to notice and comment as it does not 

materially affect the substance of the filing. 

6 15 U.S.C. 78s(b)(2). 

7See Securities Exchange Act Release No. 72385, 

79 FR 35205 (Jun. 19, 2014). The Commission 

designated a longer period within which to take 

action on the proposed rule change and designated 

July 29, 2014, as the date by which it should 

approve, disapprove, or institute proceedings to 

determine whether to disapprove the proposed rule 

change. 

8 15 U.S.C. 78s(b)(2)(B). 

9See Securities Exchange Act Release No. 72714, 

79 FR 45574 (Aug. 5, 2014) (‘‘Order Instituting 

Proceedings’’). Specifically, the Commission 

instituted proceedings to allow for additional 

analysis of the proposed rule change’s consistency 

with Section 6(b)(5) of the Act, which requires, 

among other things, that the rules of a national 

securities exchange be ‘‘designed to prevent 

fraudulent and manipulative acts and practices, to 

promote just and equitable principles of trade,’’ and 

‘‘to protect investors and the public interest.’’ See 

id. 

10See Letter from Eric Ervin, President, Reality 

Shares ETF Trust and Reality Shares Advisors, LLC, 

and President and CEO, Reality Shares, Inc., to 

Kevin M. O’Neill, Deputy Secretary, Commission, 

dated August 22, 2014. 

11 15 U.S.C. 78s(b)(2). 

12See supra note 3. 

13 15 U.S.C. 78s(b)(2). 

14 17 CFR 200.30–3(a)(57). 

paragraph to indicate the correct crossreferences. 

The Commission believes that 

Amendment No. 1 does not alter the 

substance of the original proposed rule 

change and are consistent with the 

purpose of the original proposed rule 

change and do not raise significant new 

issues. Accordingly, the Commission 

finds good cause for approving the 

proposed rule change, as modified by 

Amendment No. 1, on an accelerated 

basis, pursuant to Section 19(b)(2) of the 

Act. 

VII. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,86 that the 

proposed rule change (SR–MSRB–2014– 

06), as modified by Amendment No. 1, 

be, and hereby is, approved on an 

accelerated basis. 

For the Commission, pursuant to delegated 

authority.87

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2014–25669 Filed 10–28–14; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–73417; File No. SR– 

NYSEArca–2014–41] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; 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 Nos. 1 and 4 Thereto, 

Relating to Listing and Trading of 

Shares of the Reality Shares DIVS 

Index ETF Under NYSE Arca Equities 

Rule 5.2(j)(3) 

October 23, 2014. 

On April 11, 2014, NYSE Arca, Inc. 

(‘‘Exchange’’) 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 (‘‘Shares’’) of the 

Reality Shares DIVS Index ETF 

(‘‘Fund’’) (formerly, Reality Shares 

Isolated Dividend Growth Index ETF) 

under NYSE Arca Equities Rule 5.2(j)(3). 

The proposed rule change was 

published for comment in the Federal 

Register on April 30, 2014.3 On May 6, 

2014, the Exchange filed Amendment 

No. 1 to the proposed rule change, 

which amended and replaced the 

proposed rule change in its entirety.4

On June 6, 2014, the Exchange filed 

Amendment No. 4 to the proposed rule 

change.5 On June 13, 2014, pursuant to 

Section 19(b)(2) of the Act,6 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 disapprove the 

proposed rule change.7 On July 29, 

2014, the Commission instituted 

proceedings under Section 19(b)(2)(B) of 

the Act 8 to determine whether to 

approve or disapprove the proposed 

rule change.9 In response to the Order 

Instituting Proceedings, the Commission 

received one comment letter on the 

proposal.10

Section 19(b)(2) of the Act 11 provides 

that, after initiating disapproval 

proceedings, the Commission shall issue 

an order approving or disapproving the 

proposed rule change not later than 180 

days after the date of publication of 

notice of filing of the proposed rule 

change. The Commission may, however, 

extend the period for issuing an order 

approving or disapproving the proposed 

rule change by not more than 60 days 

if the Commission determines that a 

longer period is appropriate and 

publishes the reasons for that 

determination. The proposed rule 

change was published for notice and 

comment in the Federal Register on 

April 30, 2014.12 The 180th day after 

publication of the notice of the filing of 

the proposed rule change in the Federal 

Register is October 27, 2014, and the 

240th day after publication of the notice 

of the filing of the proposed rule change 

in the Federal Register is December 26, 

2014. 

The Commission finds it appropriate 

to designate a longer period within 

which to issue an order approving or 

disapproving the proposed rule change 

so that it has sufficient time to consider 

the proposed rule change, including the 

matters raised in the comment letter to 

the proposed rule change. 

Accordingly, the Commission, 

pursuant to Section 19(b)(2) of the 

Act,13 designates December 26, 2014 as 

the date by which the Commission shall 

either approve or disapprove the 

proposed rule change (File No. SR– 

NYSEArca–2014–41). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2014–25673 Filed 10–28–14; 8:45 am] 

BILLING CODE 8011–01–P 

mstockstill on DSK4VPTVN1PROD with NOTICES