[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Notices]
[Pages 87645-87646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29043]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-79422; File No. 4-533]
Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment to the National Market System Plan for the Selection and
Reservation of Securities Symbols To Add Investors Exchange, LLC as a
Party Thereto
November 29, 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 November 4, 2016, Investors Exchange, LLC (``IEX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') an amendment to the National Market System Plan for
the Selection and Reservation of Securities Symbols (``Symbology Plan''
or ``Plan'').\3\ The amendment proposes to add IEX as a party to the
Symbology Plan. The Commission is publishing this notice to solicit
comments on the proposed amendment from interested persons.
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\1\ 15 U.S.C. 78k-1(a)(3).
\2\ 17 CFR 242.608.
\3\ On November 6, 2008, the Commission approved the Symbology
Plan that was originally proposed by the Chicago Stock Exchange,
Inc. (``CHX''), The Nasdaq Stock Market, Inc. (n/k/a The Nasdaq
Stock Market LLC) (``Nasdaq''), National Association of Securities
Dealers, Inc. (``NASD'') (n/k/a Financial Industry Regulatory
Authority, Inc. (``FINRA'')), National Stock Exchange, Inc.
(``NSX''), and Philadelphia Stock Exchange, Inc. (``Phlx''), subject
to certain changes. See Securities Exchange Act Release No. 58904,
73 FR 67218 (November 13, 2008) (File No. 4-533).
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I. Description and Purpose of the Amendment
The current parties to the Symbology Plan are BATS Exchange, Inc.
(``BATS''), NASDAQ OMX BX, Inc. (``BX''), BOX Options Exchange, LLC
(``BOX''), Chicago Board Options Exchange, Incorporated (``CBOE''),
CHX, EDGA Exchange, Inc. (``EDGA''), EDGX Exchange, Inc. (``EDGX''),
FINRA, the International Securities Exchange, LLC (``ISE''), Nasdaq,
New York Stock Exchange, LLC (``NYSE''), NYSE MKT LLC (``NYSE MKT''),
and NYSE Arca, Inc. (``NYSE Arca''), NSX and Phlx.\4\
[[Page 87646]]
The proposed amendment to the Symbology Plan would add IEX as a party
to the Symbology Plan. A self-regulatory organization (``SRO'') may
become a party to the Symbology Plan if it satisfies the requirements
of Section I(c) of the Plan. Specifically, an SRO may become a party to
the Symbology Plan if: (i) It maintains a market for the listing or
trading of Plan Securities \5\ in accordance with rules approved by the
Commission; (ii) it signs a current copy of the Plan; and (iii) it pays
to the other parties a proportionate share of the aggregate development
costs, based upon the number of symbols reserved by the new party
during the first twelve (12) months of such party's membership.\6\
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\4\ On November 18, 2008, ISE filed with the Commission an
amendment to the Plan to add ISE as a member to the Plan. See
Securities and Exchange Act Release No. 59024 (November 26, 2008),
73 FR 74538 (December 8, 2008) (File No. 4-533). On December 22,
2008, NYSE, NYSE Arca, and NYSE Alternext (n/k/a NYSE MKT) (``NYSE
Group Exchanges''), and CBOE filed with the Commission amendments to
the Plan to add the NYSE Group Exchanges and CBOE as members to the
Plan. See Securities Exchange Act Release No. 59162 (December 24,
2008), 74 FR 132 (January 2, 2009) (File No. 4-533). On December 24,
2008, BSE (n/k/a BX) filed with the Commission an amendment to the
Plan to add BSE as a member to the Plan. See Securities Exchange Act
Release No. 59187 (December 30, 2008), 74 FR 729 (January 7, 2009)
(File No. 4-533). On September 30, 2009, BATS filed with the
Commission an amendment to the Plan to add BATS as a member to the
Plan. See Securities Exchange Act Release No. 60856 (October 21,
2009), 74 FR 55276 (October 27, 2009) (File No. 4-533). On July 7,
2010, EDGA and EDGX filed with the Commission an amendment to the
Plan to add EDGA and EDGX, each as a party to the Symbology Plan.
See Securities Exchange Act Release No. 62573 (July 26, 2010), 75 FR
45682 (August 3, 2010) (File No. 4-533). On May 7, 2012, BOX filed
with the Commission an amendment to the Plan to add BOX as a member
to the Plan. See Securities and Exchange Act Release No. 34-66957
(May 10, 2012), 77 FR 28904 (May 16, 2012).
\5\ ``Plan Securities'' are defined in the Symbology Plan as
securities that: (i) Are NMS securities as currently defined in Rule
600(a)(46) under the Act; and (ii) any other equity securities
quoted, traded and/or trade reported through an SRO facility.
\6\ Sections I(c) and V(a) of the Plan.
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IEX has submitted a signed copy of the Symbology Plan to the
Commission in accordance with the requirement set forth in the
Symbology Plan regarding new parties to the plan. Additionally, IEX
represented that it maintains a market for the listing or trading of
Plan Securities. Finally, IEX has agreed to pay all costs required by
IEX pursuant to the Symbology Plan, including its proportionate share
of the aggregate development costs previously paid by the other parties
to the Processor.
II. Effectiveness of the Proposed Symbology Plan Amendment
The foregoing proposed Symbology Plan amendment has become
effective pursuant to Rule 608(b)(3)(iii) \7\ because it involves
solely technical or ministerial matters. At any time within sixty days
of the filing of the amendment, the Commission may summarily abrogate
the amendment and require that it be refiled pursuant to paragraph
(b)(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 Act.
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\7\ 17 CFR 242.608(b)(3)(iii).
\8\ 17 CFR 242.608(b)(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 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 4-533 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 4-533. 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 Plan that are filed with the Commission,
and all written communications relating to the Plan 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
Parties' principal offices. 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 4-533, and should be submitted on or before December 27,
2016.
By the Commission.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-29043 Filed 12-2-16; 8:45 am]
BILLING CODE 8011-01-P