81_FR_1266 81 FR 1260 - Joint Industry Plan; Notice of Filing and Immediate Effectiveness of Amendment to the Options Order Protection and Locked/Crossed Market Plan to Add the EDGX Exchange, Inc. as a Participant

81 FR 1260 - Joint Industry Plan; Notice of Filing and Immediate Effectiveness of Amendment to the Options Order Protection and Locked/Crossed Market Plan to Add the EDGX Exchange, Inc. as a Participant

SECURITIES AND EXCHANGE COMMISSION

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

Page Range1260-1261
FR Document2016-00258

Federal Register, Volume 81 Issue 6 (Monday, January 11, 2016) 
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1260-1261]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00258]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76823; File No. 4-546]


Joint Industry Plan; Notice of Filing and Immediate Effectiveness 
of Amendment to the Options Order Protection and Locked/Crossed Market 
Plan to Add the EDGX Exchange, Inc. as a Participant

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 26, 2015, EDGX Exchange, Inc. (``EDGX'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') an amendment to the Options Order Protection and 
Locked/Crossed Market Plan (``Plan'').\3\ The amendment adds EDGX as a 
Participant \4\ to the Plan. The Commission is publishing this notice 
to solicit comments on the amendment from interested persons.
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    \1\ 15 U.S.C. 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ On July 30, 2009, the Commission approved a national market 
system plan relating to Options Order Protection and Locked/Crossed 
Markets proposed by Chicago Board Options Exchange, Incorporated 
(``CBOE''), International Securities Exchange, LLC (``ISE''), The 
NASDAQ Stock Market LLC (``Nasdaq''), NASDAQ OMX BX, Inc. (``BOX''), 
NASDAQ OMX PHLX, Inc. (``Phlx''), NYSE Amex, LLC (``NYSE Amex''), 
and NYSE Arca, Inc. (``NYSE Arca''). See also Securities Exchange 
Act Release No. 61546 (February 19, 2010), 75 FR 8762 (February 25, 
2010) (adding BATS Exchange, Inc. (``BATS'') as a Participant; 63119 
(October 15, 2010), 75 FR 65536 (October 25, 2010) (adding C2 
Options Exchange, Incorporated (``C2'') as a Participant); 66969 
(May 12, 2015), 77 FR 29396 (May 17, 2012) (adding BOX Options 
Exchange LLC (``BOX Options'' as a Participant); 70763 (October 28, 
2013), 78 FR 65734 (November, 2013) (adding Topaz Exchange, LLC 
(``Topaz'') as a Participant; 70762 (October 28, 2013), 78 FR 65733 
(November 1, 2013) (adding MIAX International Securities Exchange, 
LLC (``MIAX'') as a Participant).
    \4\ The term ``Participant'' is defined as an Eligible Exchange 
whose participation in the Plan has become effective pursuant to 
Section 3(c) of the Plan.
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I. Description and Purpose of the Amendment

    The current Participants in the Linkage Plan are BOX, C2, CBOE, 
ISE, MIAX, Nasdaq, Phlx, NYSE MKT, NYSE Arca, and Topaz. The amendment 
to the Plan added EDGX as a Participant in the Plan. EDGX has submitted 
a signed copy of the Plan to the Commission in accordance with the 
procedures set forth in the Plan regarding new Participants. Section 
3(c) of the Plan provides for the entry of new Participants to the 
Plan. Specifically an Eligible Exchange \5\ may become a Participant in 
the Plan by: (i) Executing a copy of the Plan, as then in effect; (ii) 
providing each current Participant with a copy of such executed Plan; 
(iii) effecting an amendment to the Plan, as specified in Section 4(b) 
of the Plan.
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    \5\ Section 2(6) of the Plan defines an ``Eligible Exchange'' as 
a national securities exchange registered with the Commission 
pursuant to Section 6(a) of the Act, 15 U.S.C. 78f(a), that: (a) Is 
a ``Participant Exchange'' in the Options Clearing Corporation 
(``OCC'') (as defined in OCC By-laws, Section VII); (b) is a party 
to the Options Price Reporting Authority (``OPRA'') Plan (as defined 
in the OPRA Plan, Section 1); and (c) if the national securities 
exchange chooses not to become part to this Plan, is a participant 
in another plan approved by the Commission providing for comparable 
Trade-Through and Locked and Crossed Market protection. EDGX has 
represented that it has met the requirements for being considered an 
Eligible Exchange. See letter from Anders Franzon, VP and Associate 
General Counsel, BATS, to Brent J. Fields, Secretary, Commission, 
dated October 26, 2015.
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    Section 4(b) of the Plan puts forth the process by which an 
Eligible Exchange may effect an amendment to the Plan. Specifically, an 
Eligible Exchange must: (a) Execute a copy of the Plan with the only 
change being the addition of the new participant's name in Section 3(a) 
of the Plan; and (b) submit the executed Plan to the Commission. The 
Plan then provides that such an amendment will be effective when the 
amendment is approved by the Commission or otherwise becomes effective 
pursuant to Section 11A of the Act and Rule 608 thereunder.

II. Effectiveness of the Proposed Linkage Plan Amendment

    The foregoing Plan amendment has become effective pursuant to Rule 
608(b)(3)(iii) of the Act \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 paragraph (b)(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(b)(1).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the 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 4-546 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number 4-546. 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 
amendment 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

[[Page 1261]]

at the principal office of EDGX. 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 Number 4-546 and should be submitted on or before February 1, 
2016.

    By the Commission.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-00258 Filed 1-8-16; 8:45 am]
 BILLING CODE 8011-01-P

1260 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices printing in the Commission’s Public amendment adds EDGX as a 608(b)(3)(iii) of the Act 6 because it Reference Room, 100 F Street NE., Participant 4 to the Plan. The involves solely technical or ministerial Washington, DC 20549, on official Commission is publishing this notice to matters. At any time within sixty days business days between the hours of solicit comments on the amendment of the filing of this amendment, the 10:00 a.m. and 3:00 p.m. Copies of the from interested persons. Commission may summarily abrogate filing also will be available for the amendment and require that it be I. Description and Purpose of the refiled pursuant to paragraph (b)(1) of inspection and copying at the principal Amendment Rule 608,7 if it appears to the office of the Exchange. All comments received will be posted without change; The current Participants in the Commission that such action is the Commission does not edit personal Linkage Plan are BOX, C2, CBOE, ISE, necessary or appropriate in the public identifying information from MIAX, Nasdaq, Phlx, NYSE MKT, NYSE interest, for the protection of investors submissions. You should submit only Arca, and Topaz. The amendment to the or the maintenance of fair and orderly information that you wish to make Plan added EDGX as a Participant in the markets, to remove impediments to, and available publicly. All submissions Plan. EDGX has submitted a signed copy perfect the mechanisms of, a national should refer to File Number SR– of the Plan to the Commission in market system or otherwise in NASDAQ–2015–162 and should be accordance with the procedures set furtherance of the purposes of the Act. submitted on or before February 1, 2016. forth in the Plan regarding new IV. Solicitation of Comments For the Commission, by the Division of Participants. Section 3(c) of the Plan provides for the entry of new Interested persons are invited to Trading and Markets, pursuant to delegated authority.12 Participants to the Plan. Specifically an submit written data, views and Eligible Exchange 5 may become a arguments concerning the foregoing, Robert W. Errett, Participant in the Plan by: (i) Executing including whether the amendment is Deputy Secretary. a copy of the Plan, as then in effect; (ii) consistent with the Act. Comments may [FR Doc. 2016–00260 Filed 1–8–16; 8:45 am] be submitted by any of the following providing each current Participant with BILLING CODE 8011–01–P a copy of such executed Plan; (iii) methods: effecting an amendment to the Plan, as Electronic Comments specified in Section 4(b) of the Plan. SECURITIES AND EXCHANGE Section 4(b) of the Plan puts forth the • Use the Commission’s Internet COMMISSION comment form (http://www.sec.gov/ process by which an Eligible Exchange [Release No. 34–76823; File No. 4–546] may effect an amendment to the Plan. rules/sro.shtml); or • Send an email to rule- Specifically, an Eligible Exchange must: Joint Industry Plan; Notice of Filing comments@sec.gov. Please include File (a) Execute a copy of the Plan with the and Immediate Effectiveness of Number 4–546 on the subject line. only change being the addition of the Amendment to the Options Order new participant’s name in Section 3(a) Paper Comments Protection and Locked/Crossed Market of the Plan; and (b) submit the executed • Send paper comments in triplicate Plan to Add the EDGX Exchange, Inc. Plan to the Commission. The Plan then to Brent J. Fields, Secretary, Securities as a Participant provides that such an amendment will and Exchange Commission, 100 F Street January 5, 2016. be effective when the amendment is NE., Washington, DC 20549–1090. approved by the Commission or All submissions should refer to File Pursuant to Section 11A(a)(3) of the otherwise becomes effective pursuant to Number 4–546. This file number should Securities Exchange Act of 1934 Section 11A of the Act and Rule 608 be included on the subject line if email (‘‘Act’’) 1 and Rule 608 thereunder,2 thereunder. is used. To help the Commission notice is hereby given that on October 26, 2015, EDGX Exchange, Inc. (‘‘EDGX’’ II. Effectiveness of the Proposed process and review your comments or ‘‘Exchange’’) filed with the Securities Linkage Plan Amendment more efficiently, please use only one and Exchange Commission method. The Commission will post all The foregoing Plan amendment has (‘‘Commission’’) an amendment to the comments on the Commission’s Internet become effective pursuant to Rule Options Order Protection and Locked/ Web site (http://www.sec.gov/rules/ Crossed Market Plan (‘‘Plan’’).3 The 70762 (October 28, 2013), 78 FR 65733 (November sro.shtml). Copies of the submission, all 1, 2013) (adding MIAX International Securities subsequent amendments, all written 12 17 CFR 200.30–3(a)(12). Exchange, LLC (‘‘MIAX’’) as a Participant). statements with respect to the proposed 1 15 U.S.C. 78k–1(a)(3). 4 The term ‘‘Participant’’ is defined as an Eligible rule change that are filed with the 2 17 CFR 242.608. Exchange whose participation in the Plan has Commission, and all written 3 On July 30, 2009, the Commission approved a become effective pursuant to Section 3(c) of the national market system plan relating to Options Plan. communications relating to the Order Protection and Locked/Crossed Markets 5 Section 2(6) of the Plan defines an ‘‘Eligible amendment between the Commission proposed by Chicago Board Options Exchange, Exchange’’ as a national securities exchange and any person, other than those that Incorporated (‘‘CBOE’’), International Securities registered with the Commission pursuant to Section may be withheld from the public in Exchange, LLC (‘‘ISE’’), The NASDAQ Stock Market 6(a) of the Act, 15 U.S.C. 78f(a), that: (a) Is a LLC (‘‘Nasdaq’’), NASDAQ OMX BX, Inc. (‘‘BOX’’), ‘‘Participant Exchange’’ in the Options Clearing accordance with the provisions of 5 NASDAQ OMX PHLX, Inc. (‘‘Phlx’’), NYSE Amex, Corporation (‘‘OCC’’) (as defined in OCC By-laws, U.S.C. 552, will be available for Web LLC (‘‘NYSE Amex’’), and NYSE Arca, Inc. (‘‘NYSE Section VII); (b) is a party to the Options Price site viewing and printing in the Arca’’). See also Securities Exchange Act Release Reporting Authority (‘‘OPRA’’) Plan (as defined in Commission’s Public Reference Room, No. 61546 (February 19, 2010), 75 FR 8762 the OPRA Plan, Section 1); and (c) if the national 100 F Street NE., Washington, DC ebenthall on DSK6SPTVN1PROD with NOTICES (February 25, 2010) (adding BATS Exchange, Inc. securities exchange chooses not to become part to (‘‘BATS’’) as a Participant; 63119 (October 15, this Plan, is a participant in another plan approved 20549, on official business days 2010), 75 FR 65536 (October 25, 2010) (adding C2 by the Commission providing for comparable between the hours of 10:00 a.m. and Options Exchange, Incorporated (‘‘C2’’) as a Trade-Through and Locked and Crossed Market 3:00 p.m. Copies of such filing also will Participant); 66969 (May 12, 2015), 77 FR 29396 protection. EDGX has represented that it has met (May 17, 2012) (adding BOX Options Exchange LLC the requirements for being considered an Eligible be available for inspection and copying (‘‘BOX Options’’ as a Participant); 70763 (October Exchange. See letter from Anders Franzon, VP and 6 17 CFR 242.608(b)(3)(iii). 28, 2013), 78 FR 65734 (November, 2013) (adding Associate General Counsel, BATS, to Brent J. Fields, Topaz Exchange, LLC (‘‘Topaz’’) as a Participant; Secretary, Commission, dated October 26, 2015. 7 17 CFR 242.608(b)(1). VerDate Sep<11>2014 21:33 Jan 14, 2016 Jkt 238001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\11JAN1.SGM 11JAN1

Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices 1261 at the principal office of EDGX. All Section 10(a)(3) of the Securities Act of information will not be kept comments received will be posted (15 U.S.C. 77j(a)(3)) provides that when confidential. An agency may not without change; the Commission does a prospectus is used more than nine conduct or sponsor, and a person is not not edit personal identifying months after the effective date of the required to respond to a collection of information from submissions. You registration statement, the information information unless it displays a should submit only information that therein shall be as of a date not more currently valid OMB control number. you wish to make available publicly. All than sixteen months prior to such use. Written comments are invited on: (a) submissions should refer to File As a result, most UITs update their Whether the collection of information is Number 4–546 and should be submitted registration statements under the necessary for the proper performance of on or before February 1, 2016. Securities Act on an annual basis in the functions of the Commission, By the Commission. order that their sponsors may continue including whether the information has to maintain a secondary market in the Robert W. Errett, practical utility; (b) the accuracy of the units. UITs that are registered under the Deputy Secretary. Investment Company Act on Form N– Commission’s estimate of the burden of [FR Doc. 2016–00258 Filed 1–8–16; 8:45 am] 8B–2 file post-effective amendments to the collection of information; (c) ways to BILLING CODE 8011–01–P their registration statements on Form S– enhance the quality, utility, and clarity 6 in order to update their prospectuses. of the information collected; and (d) The purpose of Form S–6 is to meet ways to minimize the burden of the SECURITIES AND EXCHANGE the filing and disclosure requirements of collection of information on COMMISSION the Securities Act and to enable filers to respondents, including through the use provide investors with information of automated collection techniques or [SEC File No. 270–181, OMB Control No. other forms of information technology. 3235–0184] necessary to evaluate an investment in the security. This information collection Consideration will be given to differs significantly from many other comments and suggestions submitted in Proposed Collection; Comment federal information collections, which writing within 60 days of this Request are primarily for the use and benefit of publication. Upon Written Request, Copy Available the collecting agency. The information Please direct your written comments From: Securities and Exchange required to be filed with the to Pamela Dyson, Chief Information Commission, Office of FOIA Services, Commission permits verification of Officer, Securities and Exchange 100 F Street NE., Washington, DC compliance with securities law Commission, c/o Remi Pavlik-Simon, 20549–2736. requirements and assures the public 100 F Street NE., Washington, DC Extension: Form S–6 availability and dissemination of the 20549; or send an email to: information. PRA_Mailbox@sec.gov. Notice is hereby given that, pursuant The Commission estimates that there to the Paperwork Reduction Act of 1995 All submissions should refer to File are approximately 1,340 initial (44 U.S.C. 3501 et seq.), the Securities registration statements filed on Form S– Number 270–181. This file number and Exchange Commission (the 6 annually and approximately 1,158 should be included on the subject line ‘‘Commission’’) is soliciting comments annual post-effective amendments to if email is used. The Commission will on the collection of information previously effective registration post all comments on the Commission’s summarized below. The Commission statements filed on Form S–6. The Internet Web site (http://www.sec.gov). plans to submit this existing collection Commission estimates that the hour All comments received will be posted of information to the Office of burden for preparing and filing an without change; we do not edit personal Management and Budget (‘‘OMB’’) for initial registration statement on Form S– identifying information from extension and approval. 6 is 45 hours and for preparing and submissions. You should submit only The title for the collection of filing a post-effective amendment to a information that you wish to make information is ‘‘Form S–6 (17 CFR previously effective registration available publicly. 239.16), for Registration under the statement filed on Form S–6 is 40 hours. Dated: January 5, 2016. Securities Act of 1933 of Securities of Therefore, we estimate that the total Robert W. Errett, Unit Investment Trusts Registered on hour burden of preparing and filing Form N–8B–2 (17 CFR 274.13).’’ Form Deputy Secretary. registration statements on Form S–6 for S–6 is a form used for registration under [FR Doc. 2016–00246 Filed 1–8–16; 8:45 am] all affected UITs is 106,620 hours. We the Securities Act of 1933 (15 U.S.C. 77a estimate that the cost burden of BILLING CODE 8011–01–P et seq.) (‘‘Securities Act’’) of securities preparing and filing an initial of any unit investment trust (‘‘UIT’’) registration statement on Form S–6 is registered under the Investment $33,104 and for preparing and filing a SECURITIES AND EXCHANGE Company Act of 1940 (15 U.S.C. 80a–1 post-effective amendment is $19,862. COMMISSION et seq.) (‘‘Investment Company Act’’) on Therefore, we estimate that the total cost Form N–8B–2. Section 5 of the burden of preparing and filing [Release No. 34–76831; File No. SR–BX– Securities Act (15 U.S.C. 77e) requires registration statements on Form S–6 for 2015–088] the filing of a registration statement all affected UITs is $67,359,556. prior to the offer of securities to the Estimates of average burden hours Self-Regulatory Organizations; public and that the statement be and costs are made solely for purposes NASDAQ OMX BX, Inc.; Notice of Filing ebenthall on DSK6SPTVN1PROD with NOTICES effective before any securities are sold. of the Paperwork Reduction Act, and are and Immediate Effectiveness of Section 5(b) of the Securities Act not derived from a comprehensive or Proposed Rule Change to Delay of requires that investors be provided with even representative survey or study of Implementation of Kill Switch a prospectus containing the information the costs of Commission rules and January 5, 2016. required in a registration statement prior forms. Compliance with the information to the sale or at the time of confirmation collection requirements of Form S–6 is Pursuant to Section 19(b)(1) of the or delivery of the securities. mandatory. Responses to the collection Securities Exchange Act of 1934 VerDate Sep<11>2014 21:33 Jan 14, 2016 Jkt 238001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\11JAN1.SGM 11JAN1


Document Created: 2016-01-16 01:05:50
Document Modified: 2016-01-16 01:05:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 1260 
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