81 FR 60398 - Joint Industry Plan; Notice of Filing and Immediate Effectiveness of Amendment to the Plan Establishing Procedures Under Rule 605 of Regulation NMS To Add the Investors Exchange LLC as a Participant

SECURITIES AND EXCHANGE COMMISSION

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

Page Range		60398-60399
FR Document		2016-21025
Federal Register, Volume 81 Issue 170 (Thursday, September 1, 2016)
[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Notices]
[Pages 60398-60399]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21025]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78704; File No. 4-518]


Joint Industry Plan; Notice of Filing and Immediate Effectiveness 
of Amendment to the Plan Establishing Procedures Under Rule 605 of 
Regulation NMS 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 national market system plan 
establishing procedures under Rule 605 of Regulation NMS (``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, Commission, 
dated August 11, 2016.
    \4\ 17 CFR 242.605. On April 12, 2001, the Commission approved a 
national market system plan for the purpose of establishing 
procedures for market centers to follow in making their monthly 
reports available to the public under Rule 11Ac1-5 under the 
Exchange Act (n/k/a Rule 605 of Regulation NMS). See Securities 
Exchange Act Release No. 44177 (April 12, 2001), 66 FR 19814 (April 
17, 2001).
    \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: (i) Executing a copy of 
the Plan, as then in effect; (ii) providing each then-current 
Participant with a copy of such executed Plan; and (iii) 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 changes 
being the addition of the new Participant's name in Section II(a) of 
the Plan and the new Participant's single-digit code in Section 
VI(a)(1) 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 changes being the addition of its name in Section II(a) of the 
Plan and adding its single-digit code in Section VI(a)(1) 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 4-518 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 4-518. 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 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

[[Page 60399]]

be available for inspection and copying at the principal office of the 
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 4-518 
and should be submitted on or before September 22, 2016.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2016-21025 Filed 8-31-16; 8:45 am]
 BILLING CODE 8011-01-P
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
Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Notices 60399

be available for inspection and copying Exchange as a Participant. On June 17, orderly markets, to remove impediments
at the principal office of the IEX. All 2016, the Commission issued an order to, and perfect the mechanisms of, a
comments received will be posted granting IEX’s application for national market system or otherwise in
without change; the Commission does registration as a national securities furtherance of the purposes of the
not edit personal identifying exchange.6 A condition of the Exchange Act.
information from submissions. You Commission’s approval was the
should submit only information that requirement for IEX to join the Plan. III. Solicitation of Comments
you wish to make available publicly. All Under Section II(C) of the Plan, any
Interested persons are invited to
submissions should refer to File entity registered as a national securities
submit written data, views and
Number 4–518 and should be submitted exchange or national securities
on or before September 22, 2016. association under the Exchange Act may arguments concerning the foregoing,
become a Participant by: (1) Executing including whether the amendment is
By the Commission. consistent with the Exchange Act.
Brent J. Fields, a copy of the Plan, as then in effect; (2)
providing each then-current Participant Comments may be submitted by any of
Secretary. the following methods:
with a copy of such executed Plan; and
[FR Doc. 2016–21025 Filed 8–31–16; 8:45 am]
(3) effecting an amendment to the Plan Electronic Comments
BILLING CODE 8011–01–P
as specified in Section III(B) of the Plan.
Section III(B) of the Plan sets forth the • Use the Commission’s Internet
SECURITIES AND EXCHANGE process for a prospective new comment form (http://www.sec.gov/
COMMISSION Participant to effect an amendment of rules/sro.shtml); or
the Plan. Specifically, the Plan provides • Send an email to rule-comments@
[Release No. 34–78702; File No. 4–657] that such an amendment to the Plan sec.gov. Please include File Number 4–
may be effected by the new national 657 on the subject line.
Joint Industry Plan; Notice of Filing securities exchange or national
and Immediate Effectiveness of securities association by executing a Paper Comments
Amendment to the Plan To Implement copy of the Plan as then in effect (with
a Tick Size Pilot Program To Add the the only change being the addition of • Send paper comments in triplicate
Investors Exchange LLC as a the new Participant’s name in Section to Brent J. Fields, Secretary, Securities
Participant II(A) of the Plan); and submitting such and Exchange Commission, 100 F Street
August 26, 2016. executed Plan to the Commission. The NE., Washington, DC 20549–1090.
Pursuant to Section 11A(a)(3) of the amendment will be effective when it is All submissions should refer to File
Securities Exchange Act of 1934 approved by the Commission in Number 4–657.This file number should
(‘‘Exchange Act’’) 1 and Rule 608 accordance with Rule 608 of Regulation be included on the subject line if email
thereunder,2 notice is hereby given that NMS, or otherwise becomes effective is used. To help the Commission
on August 5, 2016 Investors Exchange pursuant to Rule 608 of Regulation process and review your comments
LLC (‘‘IEX’’ or ‘‘Exchange’’) filed with NMS.
IEX has executed a copy of the Plan more efficiently, please use only one
the Securities and Exchange method. The Commission will post all
Commission (‘‘Commission’’) 3 an currently in effect, with the only change
being the addition of its name in Section comments on the Commission’s Internet
amendment to the Plan to Implement a Web site (http://www.sec.gov/rules/
Tick Size Pilot Program (‘‘Plan’’).4 The II(A) of the Plan, and has provided a
copy of the Plan executed by IEX to sro.shtml). Copies of the submission, all
amendment adds IEX as a Participant 5
each of the other Participants. IEX has subsequent amendments, all written
to the Plan. The Commission is
also submitted the executed Plan to the statements with respect to the proposed
publishing this notice to solicit
Commission. Accordingly, all of the plan amendment that are filed with the
comments on the amendment from
interested persons. Plan requirements for effecting an Commission, and all written
amendment to the Plan to add IEX as a communications relating to the
I. Description and Purpose of the Plan Participant have been satisfied. amendment between the Commission
Amendment and any person, other than those that
II. Effectiveness of the Proposed Plan may be withheld from the public in
As noted above, the sole proposed
Amendment
amendment to the Plan is to add the accordance with the provisions of 5
The foregoing Plan amendment has U.S.C. 552, will be available for Web
1 15 U.S.C. 78k–1(a)(3). become effective pursuant to Rule site viewing and printing in the
2 17 CFR 242.608. 608(b)(3)(iii) of the Exchange Act 7 Commission’s Public Reference Room,
3 See Letter from Claudia Crowley, Chief
because it involves solely technical or 100 F Street NE., Washington, DC
Regulatory Officer, Investors Exchange LLC, to ministerial matters. At any time within
Brent J. Fields, Secretary, Securities and Exchange 20549, on official business days
Commission, dated August 5, 2016. sixty days of the filing of this between the hours of 10:00 a.m. and
4 On May 6, 2015, the Commission issued an amendment, the Commission may 3:00 p.m. Copies of such filing also will
order approving the Plan, as modified by the summarily abrogate the amendment and be available for inspection and copying
Commission, to be implemented within one year require that it be refiled pursuant to
after the date of publication of the Order for a two- at the principal office of IEX. All
year Pilot Period (the ‘‘Approval Order’’). See
paragraph (a)(1) of Rule 608,8 if it comments received will be posted
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Securities Exchange Act Release No. 74892 (May 6, appears to the Commission that such without change; the Commission does
2015), 80 FR 27513 (May 13, 2015). Thereafter, in action is necessary or appropriate in the not edit personal identifying
November 2015, the Commission issued an order public interest, for the protection of
granting the Participants an exemption from information from submissions. You
investors, or the maintenance of fair and
implementing the Plan until October 3, 2016. See should submit only information that
Securities Exchange Act Release No. 76382 you wish to make available publicly. All
6 See Securities Exchange Act Release No. 78101
(November 6, 2015), 80 FR 70284 (November 13,
2015). (June 17, 2016), 81 FR 41141 (June 23, 2016). submissions should refer to File
5 The term ‘‘Participant’’ is defined as a party to 7 17 CFR 242.608(b)(3)(iii). Number 4–657 and should be submitted
the Plan. 8 17 CFR 242.608(a)(1). on or before September 22, 2016.

VerDate Sep<11>2014 17:14 Aug 31, 2016 Jkt 238001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1
Document Created: 2018-02-09 11:57:16
Document Modified: 2018-02-09 11:57:16
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 60398