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Federal Register/Vol. 81, No. 213/Thursday, November 3, 2016

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Federal Register/Vol. 81, No. 213/Thursday, November 3, 2016 76650 Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices 19(b)(3)(A)(iii) of the Act 22 and Commission takes such action, the submitted on or before November 25, subparagraph (f)(6) of Rule 19b–4 Commission shall institute proceedings 2016. 23 28 thereunder. A proposed rule change under Section 19(b)(2)(B) of the Act to For the Commission, by the Division of filed under Rule 19b–4(f)(6) normally determine whether the proposed rule Trading and Markets, pursuant to delegated does not become operative prior to 30 change should be approved or authority.29 24 days after the date of filing. Rule 19b– disapproved. Brent J. Fields, 4(f)(6)(iii), however, permits the IV. Solicitation of Comments Secretary. Commission to designate a shorter time [FR Doc. 2016–26512 Filed 11–2–16; 8:45 am] if such action is consistent with the Interested persons are invited to protection of investors and the public submit written data, views, and BILLING CODE 8011–01–P interest.25 arguments concerning the foregoing, The Exchange has requested that the including whether the proposed rule change is consistent with the Act. SECURITIES AND EXCHANGE Commission waive the 30-day operative COMMISSION delay. The Commission believes that the Comments may be submitted by any of proposed rule change is designed to the following methods: [Release No. 34–79183; File No. SR– BatsBZX–2016–30] ensure that there will always be a Electronic Comments Clearing Member that will be financially • responsible for a trade, which should Use the Commission’s Internet Self-Regulatory Organizations; Bats promote greater operational certainty comment form (http://www.sec.gov/ BZX Exchange, Inc.; Notice of Filing of rules/sro.shtml); or Amendment No. 1 to a Proposed Rule and facilitate cooperation and • coordination with persons engaged in Send an email to rule-comments@ Change to BZX Rule 14.11(e)(4), clearing transactions. In addition, the sec.gov. Please include File Number SR– Commodity-Based Trust Shares, To BatsEDGX–2016–58 on the subject line. Commission believes that the proposal List and Trade Winklevoss Bitcoin addresses the role of different parties Paper Comments Shares Issued by the Winklevoss Bitcoin Trust involved in the give up process in a • Send paper comments in triplicate balanced manner and is designed to to Secretary, Securities and Exchange October 28, 2016. provide a fair and reasonable Commission, 100 F Street NE., On June 30, 2016, Bats BZX Exchange, methodology for the give up process. Washington, DC 20549–1090. Inc. (‘‘BZX’’ or ‘‘Exchange’’) filed with The Commission notes that it has All submissions should refer to File the Securities and Exchange considered a substantially similar Number SR–BatsEDGX–2016–58. This Commission (‘‘Commission’’), pursuant proposed rule change filed by the file number should be included on the to Section 19(b)(1) of the Securities Chicago Board Options Exchange, subject line if email is used. To help the Exchange Act of 1934 (‘‘Act’’) 1 and Rule Incorporated (‘‘CBOE’’) and NYSE MKT Commission process and review your 19b–4 thereunder,2 a proposed rule LLC (‘‘NYSE MKT’’), which it approved change to list and trade Winklevoss 26 comments more efficiently, please use after a notice and comment period. only one method. The Commission will Bitcoin Shares issued by the Winklevoss This proposed rule change does not post all comments on the Commission’s Bitcoin Trust under BZX Rule raise any new or novel issues from those Internet Web site (http://www.sec.gov/ 14.11(e)(4). The proposed rule change considered in the CBOE and NYSE MKT rules/sro.shtml). Copies of the was published for comment in the proposals. Based on the foregoing, the submission, all subsequent Federal Register on July 14, 2016.3 Commission believes that it is amendments, all written statements On August 23, 2016, pursuant to consistent with the protection of with respect to the proposed rule Section 19(b)(2) of the Act,4 the investors and the public interest to change that are filed with the Commission designated a longer period waive the 30-day operative date so that Commission, and all written within which to approve the proposed the proposal may take effect upon rule change, disapprove the proposed 27 communications relating to the filing. proposed rule change between the rule change, or institute proceedings to At any time within 60 days of the Commission and any person, other than determine whether to disapprove the filing of such proposed rule change, the 5 those that may be withheld from the proposed rule change. On October 12, Commission summarily may public in accordance with the 2016, the Commission instituted temporarily suspend such rule change if provisions of 5 U.S.C. 552, will be proceedings under Section 19(b)(2)(B) of it appears to the Commission that such 6 available for Web site viewing and the Act to determine whether to action is necessary or appropriate in the printing in the Commission’s Public approve or disapprove the proposed public interest, for the protection of 7 Reference Room, 100 F Street NE., rule change. The Commission has investors, or otherwise in furtherance of Washington, DC 20549 on official the purposes of the Act. If the 29 business days between the hours of 17 CFR 200.30–3(a)(12). 1 10:00 a.m. and 3:00 p.m. Copies of such 15 U.S.C. 78s(b)(1). 22 15 U.S.C. 78s(b)(3)(a)(iii). 2 17 CFR 240.19b–4. 23 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– filing also will be available for 3 See Securities Exchange Act Release No. 78262 4(f)(6) requires a self-regulatory organization to give inspection and copying at the principal (Jul. 8, 2016), 81 FR 45554. the Commission written notice of its intent to file office of the Exchange. All comments 4 15 U.S.C. 78s(b)(2). the proposed rule change at least five business days received will be posted without change; 5 See Securities Exchange Act Release No. 78653, prior to the date of filing of the proposed rule the Commission does not edit personal 81 FR 59256 (Aug. 29, 2016). The Commission change, or such shorter time as designated by the designated October 12, 2016, as the date by which Commission. The Exchange has satisfied this identifying information from it should approve, disapprove, or institute requirement. submissions. You should submit only proceedings to determine whether to disapprove the 24 17 CFR 240.19b–4(f)(6)(iii). information that you wish to make proposed rule change. 25 Id. available publicly. All submissions 6 15 U.S.C. 78s(b)(2)(B). 26 See supra note 5. should refer to File Number SR– 7 See Securities Exchange Act Release No. 79084, 27 For purposes only of waiving the 30-day 81 FR 71778 (Oct. 18, 2016) (‘‘Order Instituting operative delay, the Commission has considered the BatsEDGX–2016–58, and should be Proceedings’’). Specifically, the Commission proposed rule’s impact on efficiency, competition, instituted proceedings to allow for additional and capital formation. See 15 U.S.C. 78c(f). 28 15 U.S.C. 78s(b)(2)(B). analysis of the proposed rule change’s consistency VerDate Sep<11>2014 17:54 Nov 02, 2016 Jkt 241001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices 76651 received 17 comment letters on the The text of the proposed rule change the Registration Statement was filed on proposed rule change.8 is available at the Exchange’s Web site October 18, 2016 and the Registration On October 20, 2016, the Exchange at www.batstrading.com, at the Statement will be effective as of the date filed Amendment No. 1 to the proposed principal office of the Exchange, and at of any offer and sale pursuant to the rule change, as described in Items I and the Commission’s Public Reference Registration Statement.15 II below, which Items have been Room. prepared by the Exchange.9 The Service Providers of the Trust Commission is publishing this notice to II. Self-Regulatory Organization’s Digital Asset Services, LLC, formerly solicit comments on Amendment No. 1 Statement of the Purpose of, and Math-Based Asset Services, LLC, will be to the proposed rule change from Statutory Basis for, the Proposed Rule the sponsor of the Trust (the interested persons.10 Change ‘‘Sponsor’’).16 The Trust’s administrator In its filing with the Commission, the (the ‘‘Administrator’’) 17 and transfer I. Self-Regulatory Organization’s Exchange included statements agent (the ‘‘Transfer Agent’’) will be Statement of the Terms of Substance of concerning the purpose of and basis for State Street Bank and Trust Company the Proposed Rule Change the proposed rule change and discussed (‘‘State Street’’).18 State Street is a trust The Exchange filed a proposal to list any comments it received on the company organized under the laws of and trade Winklevoss Bitcoin Shares proposed rule change. The text of these the Commonwealth of Massachusetts. (the ‘‘Shares’’) issued by the Winklevoss statements may be examined at the Gemini Trust Company, LLC will be the Bitcoin Trust (the ‘‘Trust’’) under BZX places specified in Item IV [sic] below. custodian of the Trust (the Rule 14.11(e)(4), Commodity-Based The Exchange has prepared summaries, ‘‘Custodian’’).19 The Custodian is a New Trust Shares. set forth in Sections A, B, and C below, of the most significant parts of such 15 See Registration Statement on Form S–1, dated with Section 6(b)(5) of the Act, which requires, statements.
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