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

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 81495 

(August 29, 2017), 82 FR 42003. 

4 15 U.S.C. 78s(b)(2). 

5 15 U.S.C. 78s(b)(2). 

Development and Implementation 

Phases 

Not applicable. 

Analysis of Impact on Competition 

The proposed OLPP, as amended, 

does not impose any burden on 

competition that is not necessary or 

appropriate in furtherance of the 

purposes of the Exchange Act. The Plan 

Participants do not believe that the 

proposed OLPP, as amended, introduces 

terms that are unreasonably 

discriminatory for the purposes of 

section 11A(c)(1)(D) of the Exchange 

Act. 

Written Understanding or Agreements 

Relating to Interpretation of, or 

Participation in, Plan 

The Participants have no written 

understandings or agreements relating 

to an interpretation of the Amendment. 

Section 7 of the OLPP sets forth how 

any entity registered as a national 

securities exchange or national 

securities association may become a 

Plan Sponsor. 

Approval of Amendment of the Plan 

The Amendment has been approved 

by the Plan Sponsors in accordance 

with the terms of the plan. Each of the 

Plan Participants have executed a 

signed copy of the Amendment. 

Terms and Conditions of Access 

Section 7 of the OLPP provides that 

any Eligible Exchange, as defined 

therein, may become a Plan Sponsor by 

(a) executing a copy of the Plan; (b) 

providing each then-current Plan 

Sponsor with a copy of such executed 

Plan; and (c) effecting an amendment to 

the Plan as specified therein. 

Method of Determination and 

Imposition, and Amount of, Fees and 

Charges 

Not applicable. 

Method and Frequency of Processor 

Evaluation 

Not applicable. 

Dispute Resolution 

Not applicable. 

II. Implementation of Amendment 

The OLPP, as amended, will become 

effective upon Commission approval. 

The Plan Participants will implement 

the OLPP, as amended, pursuant to the 

terms of the Amendment upon 

Commission approval. 

III. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed OLPP 

Amendment is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number 4– 

443 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number 4–443. This file number should 

be included on the subject line if email 

is used. To help the Commission 

process and review your comments 

more efficiently, please use only one 

method. The Commission will post all 

comments on the Commission’s Internet 

Web site (http://www.sec.gov/rules/ 

sro.shtml). Copies of the submission, all 

subsequent amendments, all written 

statements with respect to the plan that 

are filed with the Commission, and all 

written communications relating to the 

plan between the Commission and any 

person, other than those that may be 

withheld from the public in accordance 

with the provisions of 5 U.S.C. 552, will 

be available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE., 

Washington, DC 20549 on official 

business days between the hours of 

10:00 a.m. and 3:00 p.m. Copies of such 

filing also will be available for 

inspection and copying at the Plan 

Sponsors’ principal offices. All 

comments received will be posted 

without change. Persons submitting 

comments are cautioned that we do not 

redact or edit personal identifying 

information from comment submissions. 

You should submit only information 

that you wish to make available 

publicly. All submissions should refer 

to File Number 4–443, and should be 

submitted on or before November 14, 

2017. 

By the Commission. 

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2017–22972 Filed 10–23–17; 8:45 am] 

BILLING CODE 8011–01–P 

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. 

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. 

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 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices 49253 

6 17 CFR 200.30–3(a)(31). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See Securities Exchange Act Release No. 80929 

(June 14, 2017), 82 FR 28157 (June 20, 2017) (SR– 

NYSEArca–2017–40) (Notice). 

5See Partial Amendment 2 to SR–NYSEArca– 

2017–40 (August 15, 2017). The Amendment also 

was submitted to the Commission as a comment 

letter on the Original Filing. See letter from Martha 

Redding, Associate General Counsel, NYSE Group, 

to Brent J. Fields, Secretary, Commission (August 

15, 2017), available at https://www.sec.gov/ 

comments/sr-nysearca-2017-40/nysearca201740- 

2221802-160732.pdf. 

6See Securities Exchange Act Release No. 81419 

(August 17, 2017), 82 FR 40044 (August 23, 2017) 

(SR–NYSEArca–2017–40) (Approval Order). 

7See id. at 40044. 

8See id. at 40047. 

9See Securities Exchange Act Release No. 79078 

(October 11, 2016), 81 FR 71559 (October 17, 2016) 

(SR–NYSEArca–2016–135). 

10See Securities Exchange Act Release No. 75467 

(July 16, 2015), 80 FR 43515 (July 22, 2015) (SR– 

NYSEArca–2015–58). See also Securities Exchange 

Act Release No. 76198 (October 20, 2015), 80 FR 

65274 (October 26, 2015) (SR–NYSEArca–2015–58). 

11 15 U.S.C. 78f(b). 

12 15 U.S.C. 78f(b)(1). 

Commission shall either approve or 

disapprove or institute proceedings to 

determine whether to disapprove the 

proposed rule change (File No. SR– 

BatsBZX–2017–56). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2017–22974 Filed 10–23–17; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–81894; File No. SR– 

NYSEArca–2017–119] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend NYSE Arca 

Rule 1.1 and Rule 7.35–E To Make 

Technical and Conforming Updates in 

Connection With the Recent Merger of 

NYSE Arca Equities, Inc. 

October 18, 2017. 

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

Securities Exchange Act of 1934 

(‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on October 

5, 2017, NYSE Arca, Inc. (the 

‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with 

the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been prepared by the self-regulatory 

organization. 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 proposes to amend 

NYSE Arca Rule 1.1 and Rule 7.35–E to 

make technical and conforming updates 

in connection with the recent merger of 

NYSE Arca Equities, Inc. (‘‘NYSE Arca 

Equities’’) with and into the Exchange. 

The proposed rule change is available 

on the Exchange’s Web site at 

www.nyse.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 

self-regulatory organization 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 those 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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend 

NYSE Arca Rule 1.1 (Definitions) and 

Rule 7.35–E(d)(4) (Auctions) to make 

technical and conforming updates in 

connection with the recent merger of its 

wholly-owned subsidiary NYSE Arca 

Equities, Inc. with and into the 

Exchange (the ‘‘Merger’’). 

On June 2, 2017, the Exchange filed 

rule changes with the Securities and 

Exchange Commission (‘‘Commission’’) 

in connection with the proposed 

Merger.4 On August 15, 2017, the 

Exchange filed a partial amendment to 

such filing (as amended, the ‘‘Merger 

Filing’’).5 On August 17, 2017, the 

Commission approved the proposed 

rule changes, as amended, and the 

Merger occurred on that same date.6

Prior to the Merger, NYSE Arca had 

two rulebooks: The NYSE Arca rules for 

its options market and the NYSE Arca 

Equities rules for its equities market. At 

the Merger, the NYSE Arca Equities 

rules were integrated into the NYSE 

Arca rules, so that there is now one 

NYSE Arca rulebook.7 In that process, 

NYSE Arca Rule 1.1 was amended to 

incorporate NYSE Arca Equities Rule 

1.1 (Definitions), including by adding 

definitions from the NYSE Arca Equities 

rule that were unique to the equities 

market.8

However, due to an oversight, the 

Merger Filing did not incorporate the 

NYSE Arca Equities definitions for 

‘‘NYSE Arca Book’’ or ‘‘UTP Security.’’ 

Accordingly, the Exchange proposes to 

make the following amendments to Rule 

1.1: 

• Add new Rule 1.1(jj) with the 

following definition of NYSE Arca 

Book: ‘‘The term ‘NYSE Arca Book’ 

refers to the NYSE Arca Marketplace’s 

electronic file of orders, which contains 

all orders entered on the NYSE Arca 

Marketplace.’’ 9

• Add new Rule 1.1(iii) with the 

following definition of NYSE Arca 

Book: ‘‘The term ‘UTP Security’ means 

a security that is listed on a national 

securities exchange other than the 

Exchange and that trades on the NYSE 

Arca Marketplace pursuant to unlisted 

trading privileges.’’ 10

• Renumber the other paragraphs in 

Rule 1.1 to reflect the addition of new 

paragraphs (jj) and (iii). 

In addition, the Exchange proposes to 

amend Rule 7.35–E(d)(4) to update cross 

references to the definition of ‘‘Official 

Closing Price’’ in Rule 1.1. 

Rule 7.35–E has a notice stating that 

an amended version of the rule has been 

approved but is not yet operative. The 

notice links to the amended version of 

the rule and the relevant approval order. 

Accordingly, the Exchange proposes to 

update the cross reference in the 

amended version of the rule. Exhibit 5B 

sets forth the proposed change to the 

amended but not yet operative version 

of the rule. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Exchange Act,11 in 

general, and with Section 6(b)(1) 12 in 

particular, in that it enables the 

Exchange to be so organized as to have 

the capacity to be able to carry out the 

purposes of the Exchange Act and to 

comply, and to enforce compliance by 

its exchange members and persons 

associated with its exchange members, 

with the provisions of the Exchange Act, 

the rules and regulations thereunder, 

and the rules of the Exchange. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES