81 FR 1251 - Joint Industry Plan; Notice of Filing and Immediate Effectiveness of Amendment to the Plan for the Purpose of Developing and Implementing Procedures Designed To Facilitate the Listing and Trading of Standardized Options To Add EDGX Exchange, Inc. (“EDGX”) as a Plan Sponsor

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 6 (January 11, 2016)

[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1251-1252]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00257]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76822; File No. 4-443]


Joint Industry Plan; Notice of Filing and Immediate Effectiveness 
of Amendment to the Plan for the Purpose of Developing and Implementing 
Procedures Designed To Facilitate the Listing and Trading of 
Standardized Options To Add EDGX Exchange, Inc. (``EDGX'') as a Plan 
Sponsor

January 5, 2016.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of 
1934 (``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given 
that on October 27, 2015, EDGX Exchange, Inc. (``EDGX'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') an amendment to the Plan for the Purpose of Developing 
and Implementing Procedures Designed to Facilitate the Listing and 
Trading of Standardized Options (``OLPP'').\3\ The amendment proposes 
to add EDGX as a Sponsor of the OLPP. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ On July 6, 2001, the Commission approved the OLPP, which was 
proposed by the American Stock Exchange LLC (``Amex''), Chicago 
Board Options Exchange, Incorporated (``CBOE''), International 
Securities Exchange LLC (``ISE''), Options Clearing Corporation 
(``OCC''), Philadelphia Stock Exchange, Inc. (``Phlx''), and Pacific 
Exchange, Inc. (n/k/a ``NYSE Arca''). See Securities Exchange Act 
Release No. 44521, 66 FR 36809 (July 13, 2001). See also Securities 
Exchange Act Release Nos. 49199 (February 5, 2004), 69 FR 7030 
(February 12, 2004) (adding Boston Stock Exchange, Inc. as a Sponsor 
to the OLPP); 57546 (March 21, 2008), 73 FR 16393 (March 27, 2008) 
(adding Nasdaq Stock Market, LLC (``Nasdaq'') as a Sponsor to the 
OLPP); 61528 (February 17, 2010), 75 FR 8415 (February 24, 2010) 
(adding BATS Exchange, Inc. (``BATS'') as a Sponsor to the OLPP); 
63162 (October 22, 2010), 75 FR 66401 (October 28, 2010) (adding C2 
Options Exchange Incorporated (``C2'') as a sponsor to the OLPP); 
66952 (May 9, 2012), 77 FR 28641 (May 15, 2012) (adding BOX Options 
Exchange LLC (``BOX'') as a Sponsor to the OLPP); 67327 (June 29, 
2012), 77 FR 40125 (July 6, 2012) (adding Nasdaq OMX BX, Inc. 
(``BX'') as a Sponsor to the OLPP); 70765 (October 28, 2013), 78 FR 
65739 (November 1, 2013) (adding Topaz Exchange, LLC as a Sponsor to 
the OLPP (``Topaz''); and 70764 (October 28, 2013), 78 FR 65733 
(November 1, 2013) (adding Miami International Securities Exchange, 
LLC (``MIAX'') as a Sponsor to the OLPP).
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I. Description and Purpose of the Amendment

    The current Sponsors of the OLPP are Amex, BATS, BOX, BX, CBOE, C2, 
ISE, MIAX, Nasdaq, NYSE Arca, OCC, Phlx, and Topaz. The proposed 
amendment to the OLPP would add EDGX as a Sponsor of the OLPP. A 
national securities exchange may become a Sponsor if it satisfies the 
requirement of Section 7 of the OLPP. Specifically an Eligible Exchange 
\4\ may become a Sponsor of the OLPP by: (i) Executing a copy of the 
OLPP, as then in effect; (ii) providing each current Plan Sponsor with 
a copy of such executed Plan; and (iii) effecting an amendment to the 
OLPP, as specified in Section 7(ii) of the OLPP.
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    \4\ The OLPP defines an ``Eligible Exchange'' as a national 
securities exchange registered with the Commission pursuant to 
Section 6(a) of the Exchange Act, 15 U.S.C. 78f(a), that (1) has 
effective rules for the trading of options contracts issued and 
cleared by the OCC approved in accordance with the provisions of the 
Exchange Act and the rules and regulations thereunder and (2) is a 
party to the Plan for Reporting Consolidated Options Last Sale 
Reports and Quotation Information (the ``OPRA Plan''). EDGX has 
represented that it has met both the requirements for being 
considered an Eligible Exchange.
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    Section 7(ii) of the OLPP sets forth the process by which an 
Eligible Exchange may effect an amendment to the OLPP. Specifically, an 
Eligible Exchange must: (a) Execute a copy of the OLPP with the only 
change being the addition of the new sponsor's name in Section 8 of the 
OLPP; \5\ and (b) submit the executed OLPP to the Commission. The OLPP 
then provides that such an amendment will be effective when it has been 
approved by the Commission or otherwise becomes effective pursuant to 
Section 11A of the Act. EDGX has submitted a signed copy of the OLPP to 
the Commission and to each Plan Sponsor in accordance with the 
procedures set forth in the OLPP regarding new Plan Sponsors.
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    \5\ The Commission notes that the list of plan sponsors is set 
forth in Section 9 of the OLPP.
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II. Effectiveness of the Proposed OLPP Amendment

    The foregoing proposed OLPP amendment has become effective pursuant 
to Rule 608(b)(3)(iii) \6\ because it involves solely technical or 
ministerial matters. At any time within sixty days of the filing of 
this amendment, the Commission may summarily abrogate the amendment and 
require that it be refiled pursuant to paragraphs (a)(1) of Rule 
608,\7\ if it appears to the Commission that such action is necessary 
or appropriate in the public interest, for the protection of investors 
or the maintenance of fair and orderly markets, to remove impediments 
to, and perfect the mechanisms of, a national market system or 
otherwise in furtherance of the purposes of the Act.
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    \6\ 17 CFR 242.608(b)(3)(iii).
    \7\ 17 CFR 242.608(a)(1).
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III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed 
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 [email protected]. 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 proposed rule change that are filed with 
the Commission, and all written communications relating to the

[[Page 1252]]

proposed rule change 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 EDGX's principal office. All comments 
received will be posted without change; the Commission does not edit 
personal identifying information from submissions. You should submit 
only information that you wish to make available publicly. All 
submissions should refer to File No. 4-443 and should be submitted on 
or before February 1, 2016.

    By the Commission.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-00257 Filed 1-8-16; 8:45 am]
BILLING CODE 8011-01-P