81 FR 60397 - Joint Industry Plan; Notice of Filing and Immediate Effectiveness of Amendment to the Plan To Address Extraordinary Market Volatility To Add the Investors Exchange LLC as a Participant

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 170 (September 1, 2016)

Page Range		60397-60398
FR Document		2016-21024
Federal Register, Volume 81 Issue 170 (Thursday, September 1, 2016)
[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Notices]
[Pages 60397-60398]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21024]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78703; File No. 4-631]


Joint Industry Plan; Notice of Filing and Immediate Effectiveness 
of Amendment to the Plan To Address Extraordinary Market Volatility To 
Add the Investors Exchange LLC as a Participant

August 26, 2016.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of 
1934 (``Exchange Act'') \1\ and Rule 608 thereunder,\2\ notice is 
hereby given that on August 11, 2016 Investors Exchange LLC (``IEX'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') \3\ an amendment to the Plan to Address Extraordinary 
Market Volatility (``Plan'').\4\ The amendment adds IEX as a 
Participant \5\ 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\ See Letter from Claudia Crowley, Chief Regulatory Officer, 
Investors Exchange LLC, to Brent J. Fields, Secretary, Securities 
and Exchange Commission, dated August 11, 2016.
    \4\ On May 6, 2015, the Commission issued an order approving the 
Plan on a one-year Pilot basis (the ``Approval Order''). See 
Securities Exchange Act Release No. 67091 (May 31, 2012), 77 FR 
33498 (June 6, 2012). The Plan was subsequently amended several 
times to extend the pilot period, among other things, with the 
current Plan set to expire on April 21, 2017. See Securities 
Exchange Act Release No. 77679 (April 21, 2016), 81 FR 24908 (April 
27, 2016) (order approving tenth amendment to Plan).
    \5\ The term ``Participant'' is defined as a party to the Plan.
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I. Description and Purpose of the Plan Amendment

    As noted above, the sole proposed amendment to the Plan is to add 
the Exchange as a Participant. On June 17, 2016, the Commission issued 
an order granting IEX's application for registration as a national 
securities exchange.\6\ A condition of the Commission's approval was 
the requirement for IEX to join the Plan.
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    \6\ See Securities Exchange Act Release No. 78101 (June 17, 
2016), 81 FR 41141 (June 23, 2016).
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    Under Section II(C) of the Plan, any entity registered as a 
national securities exchange or national securities association under 
the Exchange Act may become a Participant by: (1) Executing a copy of 
the Plan, as then in effect; (2) providing each then-current 
Participant with a copy of such executed Plan; and (3) effecting an 
amendment to the Plan as specified in Section III(B) of the Plan. 
Section III(B) of the Plan sets forth the process for a prospective new 
Participant to effect an amendment of the Plan. Specifically, the Plan 
provides that such an amendment to the Plan may be effected by the new 
national securities exchange or national securities association by 
executing a copy of the Plan as then in effect (with the only change 
being the addition of the new Participant's name in Section II(A) of 
the Plan); and submitting such executed Plan to the Commission. The 
amendment will be effective when it is approved by the Commission in 
accordance with Rule 608 of Regulation NMS, or otherwise becomes 
effective pursuant to Rule 608 of Regulation NMS.
    IEX has executed a copy of the Plan currently in effect, with the 
only change being the addition of its name in Section II(A) of the 
Plan, and has provided a copy of the Plan executed by IEX to each of 
the other Participants. IEX has also submitted the executed Plan to the 
Commission. Accordingly, all of the Plan requirements for effecting an 
amendment to the Plan to add IEX as a Participant have been satisfied.

II. Effectiveness of the Proposed Plan Amendment

    The foregoing Plan amendment has become effective pursuant to Rule 
608(b)(3)(iii) of the Exchange Act \7\ 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 (a)(1) 
of Rule 608,\8\ 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 Exchange Act.
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    \7\ 17 CFR 242.608(b)(3)(iii).
    \8\ 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 amendment is 
consistent with the Exchange 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 4-631 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 4-631.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 plan amendment that are filed 
with the Commission, and all written

[[Page 60398]]

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 at the principal 
office of IEX. 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 4-631 
and should be submitted on or before September 22, 2016.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2016-21024 Filed 8-31-16; 8:45 am]
BILLING CODE 8011-01-P
Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Notices 60397

Filing Dates: The application was Commission (‘‘Commission’’) 3 an copy of the Plan executed by IEX to
filed on July 26, 2016, and amended on amendment to the Plan to Address each of the other Participants. IEX has
August 4, 2016 and August 19, 2016. Extraordinary Market Volatility also submitted the executed Plan to the
Applicant’s Address: 200 Park (‘‘Plan’’).4 The amendment adds IEX as Commission. Accordingly, all of the
Avenue, New York, New York 10166. a Participant 5 to the Plan. The Plan requirements for effecting an
Commission is publishing this notice to amendment to the Plan to add IEX as a
Philadelphia Investment Partners New
solicit comments on the amendment Participant have been satisfied.
Generation Fund [File No. 811–22395]
from interested persons.
Summary: Applicant seeks an order II. Effectiveness of the Proposed Plan
declaring that it has ceased to be an I. Description and Purpose of the Plan Amendment
investment company. On March 30, Amendment The foregoing Plan amendment has
2016, applicant made a liquidating As noted above, the sole proposed become effective pursuant to Rule
distribution to its shareholders, based amendment to the Plan is to add the 608(b)(3)(iii) of the Exchange Act 7
on net asset value. Expenses of $750 Exchange as a Participant. On June 17, because it involves solely technical or
incurred in connection with the 2016, the Commission issued an order ministerial matters. At any time within
liquidation were paid by applicant’s granting IEX’s application for sixty days of the filing of this
investment adviser. registration as a national securities amendment, the Commission may
Filing Date: The application was filed exchange.6 A condition of the summarily abrogate the amendment and
on August 5, 2016. Commission’s approval was the require that it be refiled pursuant to
Applicant’s Address: 1233 requirement for IEX to join the Plan. paragraph (a)(1) of Rule 608,8 if it
Haddonfield—Berlin Road, Suite #7, Under Section II(C) of the Plan, any appears to the Commission that such
Voorhees, New Jersey 08043. entity registered as a national securities action is necessary or appropriate in the
exchange or national securities public interest, for the protection of
Bluepoint Investment Series Trust [File
association under the Exchange Act may investors, or the maintenance of fair and
No. 811–22723]
become a Participant by: (1) Executing orderly markets, to remove impediments
Summary: Applicant seeks an order a copy of the Plan, as then in effect; (2) to, and perfect the mechanisms of, a
declaring that it has ceased to be an providing each then-current Participant national market system or otherwise in
investment company. On August 5, with a copy of such executed Plan; and furtherance of the purposes of the
2016, applicant made a liquidating (3) effecting an amendment to the Plan Exchange Act.
distribution to its shareholders, based as specified in Section III(B) of the Plan.
on net asset value. Expenses of $4,500 Section III(B) of the Plan sets forth the III. Solicitation of Comments
incurred in connection with the process for a prospective new Interested persons are invited to
liquidation were paid by applicant. Participant to effect an amendment of submit written data, views and
Filing Date: The application was filed the Plan. Specifically, the Plan provides arguments concerning the foregoing,
on August 5, 2016. that such an amendment to the Plan including whether the amendment is
Applicant’s Address: 350 Madison may be effected by the new national consistent with the Exchange Act.
Avenue, 9th Floor, New York, NY securities exchange or national Comments may be submitted by any of
10017. securities association by executing a the following methods:
For the Commission, by the Division of copy of the Plan as then in effect (with
Investment Management, pursuant to the only change being the addition of Electronic Comments
delegated authority. the new Participant’s name in Section • Use the Commission’s Internet
Brent J. Fields, II(A) of the Plan); and submitting such comment form (http://www.sec.gov/
Secretary. executed Plan to the Commission. The rules/sro.shtml); or
[FR Doc. 2016–21026 Filed 8–31–16; 8:45 am] amendment will be effective when it is • Send an email to rule-comments@
BILLING CODE 8011–01–P approved by the Commission in sec.gov. Please include File Number 4–
accordance with Rule 608 of Regulation 631 on the subject line.
NMS, or otherwise becomes effective
Paper Comments
SECURITIES AND EXCHANGE pursuant to Rule 608 of Regulation
COMMISSION NMS. • Send paper comments in triplicate
IEX has executed a copy of the Plan to Brent J. Fields, Secretary, Securities
[Release No. 34–78703; File No. 4–631] and Exchange Commission, 100 F Street
currently in effect, with the only change
being the addition of its name in Section NE., Washington, DC 20549–1090.
Joint Industry Plan; Notice of Filing
and Immediate Effectiveness of II(A) of the Plan, and has provided a All submissions should refer to File
Amendment to the Plan To Address Number 4–631.This file number should
Extraordinary Market Volatility To Add
3 See Letter from Claudia Crowley, Chief
be included on the subject line if email
Regulatory Officer, Investors Exchange LLC, to is used. To help the Commission
the Investors Exchange LLC as a Brent J. Fields, Secretary, Securities and Exchange
Participant Commission, dated August 11, 2016. process and review your comments
4 On May 6, 2015, the Commission issued an more efficiently, please use only one
August 26, 2016. order approving the Plan on a one-year Pilot basis method. The Commission will post all
Pursuant to Section 11A(a)(3) of the (the ‘‘Approval Order’’). See Securities Exchange comments on the Commission’s Internet
Act Release No. 67091 (May 31, 2012), 77 FR 33498
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Securities Exchange Act of 1934 (June 6, 2012). The Plan was subsequently amended
Web site (http://www.sec.gov/rules/
(‘‘Exchange Act’’) 1 and Rule 608 several times to extend the pilot period, among sro.shtml). Copies of the submission, all
thereunder,2 notice is hereby given that other things, with the current Plan set to expire on subsequent amendments, all written
on August 11, 2016 Investors Exchange April 21, 2017. See Securities Exchange Act Release statements with respect to the proposed
No. 77679 (April 21, 2016), 81 FR 24908 (April 27,
LLC (‘‘IEX’’ or ‘‘Exchange’’) filed with 2016) (order approving tenth amendment to Plan).
plan amendment that are filed with the
the Securities and Exchange 5 The term ‘‘Participant’’ is defined as a party to Commission, and all written
the Plan.
1 15 U.S.C. 78k–1(a)(3). 6 See Securities Exchange Act Release No. 78101 7 17 CFR 242.608(b)(3)(iii).
2 17 CFR 242.608. (June 17, 2016), 81 FR 41141 (June 23, 2016). 8 17 CFR 242.608(a)(1).

VerDate Sep<11>2014 17:14 Aug 31, 2016 Jkt 238001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1
60398 Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Notices

communications relating to the a Participant 5 to the Plan. The 608(b)(3)(iii) of the Exchange Act 7
amendment between the Commission Commission is publishing this notice to because it involves solely technical or
and any person, other than those that solicit comments on the amendment ministerial matters. At any time within
may be withheld from the public in from interested persons. sixty days of the filing of this
accordance with the provisions of 5 amendment, the Commission may
I. Description and Purpose of the Plan
U.S.C. 552, will be available for Web summarily abrogate the amendment and
Amendment
site viewing and printing in the require that it be refiled pursuant to
Commission’s Public Reference Room, As noted above, the sole proposed paragraph (a)(1) of Rule 608,8 if it
100 F Street NE., Washington, DC amendment to the Plan is to add the appears to the Commission that such
20549, on official business days Exchange as a Participant. On June 17, action is necessary or appropriate in the
between the hours of 10:00 a.m. and 2016, the Commission issued an order public interest, for the protection of
3:00 p.m. Copies of such filing also will granting IEX’s application for investors, or the maintenance of fair and
be available for inspection and copying registration as a national securities orderly markets, to remove impediments
at the principal office of IEX. All exchange.6 A condition of the to, and perfect the mechanisms of, a
comments received will be posted Commission’s approval was the national market system or otherwise in
without change; the Commission does requirement for IEX to join the Plan. furtherance of the purposes of the
not edit personal identifying Under Section II(c) of the Plan, any Exchange Act.
information from submissions. You entity registered as a national securities
exchange or national securities III. Solicitation of Comments
should submit only information that
you wish to make available publicly. All association under the Exchange Act may Interested persons are invited to
submissions should refer to File become a Participant by: (i) Executing a submit written data, views and
Number 4–631 and should be submitted copy of the Plan, as then in effect; (ii) arguments concerning the foregoing,
providing each then-current Participant including whether the amendment is
on or before September 22, 2016.
with a copy of such executed Plan; and consistent with the Exchange Act.
By the Commission. (iii) effecting an amendment to the Plan Comments may be submitted by any of
Brent J. Fields, as specified in Section III(b) of the Plan. the following methods:
Secretary. Section III(b) of the Plan sets forth the
[FR Doc. 2016–21024 Filed 8–31–16; 8:45 am] process for a prospective new Electronic Comments
BILLING CODE 8011–01–P Participant to effect an amendment of • Use the Commission’s Internet
the Plan. Specifically, the Plan provides comment form (http://www.sec.gov/
that such an amendment to the Plan rules/sro.shtml); or
SECURITIES AND EXCHANGE may be effected by the new national • Send an email to rule-comments@
COMMISSION securities exchange or national sec.gov. Please include File Number 4–
securities association by executing a 518 on the subject line.
[Release No. 34–78704; File No. 4–518] copy of the Plan, as then in effect (with
Paper Comments
the only changes being the addition of
Joint Industry Plan; Notice of Filing • Send paper comments in triplicate
the new Participant’s name in Section
and Immediate Effectiveness of to Brent J. Fields, Secretary, Securities
II(a) of the Plan and the new
Amendment to the Plan Establishing and Exchange Commission, 100 F Street
Participant’s single-digit code in Section
Procedures Under Rule 605 of VI(a)(1) of the Plan) and submitting such NE., Washington, DC 20549–1090.
Regulation NMS To Add the Investors executed Plan to the Commission. The All submissions should refer to File
Exchange LLC as a Participant amendment will be effective when it is Number 4–518. This file number should
August 26, 2016. approved by the Commission in be included on the subject line if email
Pursuant to Section 11A(a)(3) of the accordance with Rule 608 of Regulation is used. To help the Commission
Securities Exchange Act of 1934 NMS, or otherwise becomes effective process and review your comments
(‘‘Exchange Act’’) 1 and Rule 608 pursuant to Rule 608 of Regulation more efficiently, please use only one
thereunder,2 notice is hereby given that NMS. method. The Commission will post all
on August 11, 2016, Investors Exchange IEX has executed a copy of the Plan comments on the Commission’s Internet
LLC (‘‘IEX’’ or ‘‘Exchange’’) filed with currently in effect, with the only Web site (http://www.sec.gov/rules/
the Securities and Exchange changes being the addition of its name sro.shtml). Copies of the submission, all
Commission (‘‘Commission’’) 3 an in Section II(a) of the Plan and adding subsequent amendments, all written
its single-digit code in Section VI(a)(1) statements with respect to the proposed
amendment to the national market
of the Plan, and has provided a copy of plan amendment that are filed with the
system plan establishing procedures
the Plan executed by IEX to each of the Commission, and all written
under Rule 605 of Regulation NMS
other Participants. IEX has also communications relating to the
(‘‘Plan’’).4 The amendment adds IEX as
submitted the executed Plan to the amendment between the Commission
1 15
Commission. Accordingly, all of the and any person, other than those that
U.S.C 78k–1(a)(3).
2 17
Plan requirements for effecting an may be withheld from the public in
CFR 242.608.
3 See Letter from Claudia Crowley, Chief amendment to the Plan to add IEX as a accordance with the provisions of 5
Regulatory Officer, Investors Exchange LLC, to Participant have been satisfied. U.S.C. 552, will be available for Web
Brent J. Fields, Secretary, Commission, dated
asabaliauskas on DSK3SPTVN1PROD with NOTICES

II. Effectiveness of the Proposed Plan site viewing and printing in the
August 11, 2016.
4 17 CFR 242.605. On April 12, 2001, the Amendment Commission’s Public Reference Room,
Commission approved a national market system 100 F Street NE., Washington, DC
The foregoing Plan amendment has
plan for the purpose of establishing procedures for 20549, on official business days
market centers to follow in making their monthly become effective pursuant to Rule
between the hours of 10:00 a.m. and
reports available to the public under Rule 11Ac1–
5 under the Exchange Act (n/k/a Rule 605 of 5 The term ‘‘Participant’’ is defined as a party to 3:00 p.m. Copies of such filing also will
Regulation NMS). See Securities Exchange Act the Plan.
7 17 CFR 242.608(b)(3)(iii).
Release No. 44177 (April 12, 2001), 66 FR 19814 6 See Securities Exchange Act Release No. 78101

(April 17, 2001). (June 17, 2016), 81 FR 41141 (June 23, 2016). 8 17 CFR 242.608(a)(1).

VerDate Sep<11>2014 17:14 Aug 31, 2016 Jkt 238001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1
Document Created: 2018-02-09 11:57:11
Document Modified: 2018-02-09 11:57:11
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 60397