Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices 49877 

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

2 17 CFR 240.19b–4. 

RAILROAD RETIREMENT BOARD 

Civil Monetary Penalty Inflation 

Adjustment 

AGENCY: Railroad Retirement Board. 

ACTION: Notice announcing updated 

penalty inflation adjustments for civil 

monetary penalties for 2017. 

SUMMARY: As required by Section 701 of 

the Bipartisan Budget Act of 2015, 

entitled the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015, the Railroad Retirement 

Board (Board) hereby publishes its 2017 

annual adjustment of civil penalties for 

inflation. 

FOR FURTHER INFORMATION CONTACT: 

Marguerite P. Dadabo, Assistant General 

Counsel, Railroad Retirement Board, 

844 North Rush Street, Chicago, IL 

60611–2092, (312) 751–4945, TTD (312) 

751–4701. 

SUPPLEMENTARY INFORMATION: Section 

701 of the Bipartisan Budget Act of 

2015, Public Law 114–74 (Nov. 2, 2015), 

entitled the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (the 2015 Act), amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (28 U.S.C. 2461 

note) (Inflation Adjustment Act) to 

require agencies to publish regulations 

adjusting the amount of civil monetary 

penalties provided by law within the 

jurisdiction of the agency not later than 

July 1, 2016, and annual adjustments 

thereafter. The Board published an 

interim final rule in the Federal 

Register in accordance with this 

requirement on May 2, 2016 (see 81 FR 

26127). 

For the 2017 annual adjustment for 

inflation of the maximum civil penalty 

under the Program Fraud Civil 

Remedies Act of 1986, the Board applies 

the formula provided by the 2015 Act 

and the Board’s interim final rule of 

May 2, 2016. In accordance with the 

2015 Act, the amount of the adjustment 

is based on the percent increase 

between the CPI–U for the month of 

October preceding the date of the 

adjustment and the CPI–U for the 

October one year prior to the October 

immediately preceding the date of the 

adjustment. If there is no increase, there 

is no adjustment of civil penalties. The 

percent increase between the CPI–U for 

October 2016 and October 2015, as 

provided by Office of Management and 

Budget Memorandum M–17–11 

(December 16, 2016) is 1.01636 percent. 

Therefore, the new maximum penalty 

under the Program Fraud Civil 

Remedies Act is $10,957 (the 2016 

maximum penalty of $10,781 multiplied 

by 1.01636, rounded to the nearest 

dollar). The new minimum penalty 

under the False Claims Act is $10,957 

(the 2016 minimum penalty of $10,781 

multiplied by 1.01636, rounded to the 

nearest dollar), and the new maximum 

penalty is $21,916 (the 2016 maximum 

penalty of $21,563 multiplied by 

1.01636, rounded to the nearest dollar). 

The adjustments in penalties will be 

effective October 27, 2017. 

By Authority of the Board. 

Martha P. Rico, 

Secretary to the Board. 

[FR Doc. 2017–23351 Filed 10–26–17; 8:45 am] 

BILLING CODE 7905–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–81924; File No. SR– 

BatsBZX–2017–69] 

Self-Regulatory Organizations; Bats 

BYX Exchange, Inc.; Notice of Filing 

and Immediate Effectiveness of a 

Proposed Rule Change Relating to Its 

Amended and Restated Certificate of 

Incorporation 

October 23, 2017. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on October 

13, 2017, Bats BZX Exchange, Inc. (the 

‘‘Exchange’’ or ‘‘BZX’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II and III 

below, which Items have been prepared 

by the Exchange. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange seeks to amend its 

Amended and Restated Certificate of 

Incorporation. The text of the proposed 

rule change is provided below. 

(additions are italicized; deletions are 

[bracketed]) 

* * * * * 

Amended and Restated Certificate of 

Incorporation of Bats BZX Exchange, 

Inc. 

The name of the corporation is Bats 

BZX Exchange, Inc. The corporation 

filed its original Certificate of 

Incorporation with the Secretary of State 

of the State of Delaware on November 1, 

2007 under the name BATS Exchange, 

Inc. This Amended and Restated 

Certificate of Incorporation of the 

corporation, which restates and 

integrates and also further amends the 

provisions of the corporation’s 

Certificate of Incorporation, was duly 

adopted in accordance with the 

provisions of Sections 242 and 245 of 

the General Corporation Law of the 

State of Delaware and by the written 

consent of its sole stockholder in 

accordance with Section 228 of the 

General Corporation Law of the State of 

Delaware. The [Amended and 

Restated]Certificate of Incorporation of 

the corporation is hereby amended, 

integrated and restated to read in its 

entirety as follows: 

* * * * * 

The text of the proposed rule change 

is available at the Exchange’s Web site 

at www.bats.com, at the principal office 

of the Exchange, and at the 

Commission’s Public Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 

concerning the purpose of and basis for 

the proposed rule change and discussed 

any comments it received on the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. The 

Exchange has prepared summaries, set 

forth in Sections A, B, and C below, of 

the most significant parts of such 

statements. 

(A) Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

BZX recently amended its Certificate 

of Incorporation in connection with a 

corporate transaction (the 

‘‘Transaction’’) involving, among other 

things, the recent acquisition of BZX, 

along with Bats BZY Exchange, Inc. 

(‘‘Bats BYX’’), Bats EDGX Exchange, Inc. 

(‘‘Bats EDGX’’), and Bats EDGA 

Exchange, Inc. (‘‘Bats EDGA’’ and, 

together with Bats BYX, Bats EDGX, and 

Bats BZX, the ‘‘Bats Exchanges’’) by 

CBOE Holdings, Inc. (‘‘CBOE 

Holdings’’). CBOE Holdings is also the 

parent of Chicago Board Options 

Exchange, Incorporated (‘‘CBOE’’) and 

C2 Options Exchange, Incorporated 

(‘‘C2’’). Particularly, the filing proposed, 

among other things, to amend and 

restate the certificate of incorporation of 

the Exchange based on certificates of 


asabaliauskas on DSKBBXCHB2PROD with NOTICES