[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Notices]
[Pages 51527-51528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18477]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78441; File No. 4-698]


Joint Industry Plan; Notice of Designation of Longer Period for 
Commission Action on the Proposed National Market System Plan Governing 
the Consolidated Audit Trail by BATS Exchange, Inc., BATS-Y Exchange, 
Inc., BOX Options Exchange LLC, C2 Options Exchange, Incorporated, 
Chicago Board Options Exchange, Incorporated, Chicago Stock Exchange, 
Inc., EDGA Exchange, Inc., EDGX Exchange, Inc., Financial Industry 
Regulatory Authority, Inc., International Securities Exchange, LLC, the 
Investors' Exchange, LLC, ISE Gemini, LLC, ISE Mercury, LLC, Miami 
International Securities Exchange LLC, NASDAQ OMX BX, Inc., NASDAQ OMX 
PHLX LLC, The NASDAQ Stock Market LLC, National Stock Exchange, Inc., 
New York Stock Exchange LLC, NYSE MKT LLC, and NYSE Arca, Inc.

July 29, 2016.
    On February 27, 2015, BATS Exchange, Inc., BATS-Y Exchange, Inc., 
BOX Options Exchange LLC, C2 Options Exchange, Incorporated, Chicago 
Board Options Exchange, Incorporated, Chicago Stock Exchange, Inc., 
EDGA Exchange, Inc., EDGX Exchange, Inc.,

[[Page 51528]]

Financial Industry Regulatory Authority, Inc., International Securities 
Exchange, LLC, ISE Gemini, LLC, Miami International Securities Exchange 
LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC, The NASDAQ Stock Market 
LLC, National Stock Exchange, Inc., New York Stock Exchange LLC, NYSE 
MKT LLC, and NYSE Arca, Inc. (collectively, ``SROs'' or 
``Participants''), filed with the Securities and Exchange Commission 
(the ``Commission'' or ``SEC'') a National Market System Plan Governing 
the Consolidated Audit Trail (the ``CAT NMS Plan'' or ``Plan'').\1\ The 
proposed Plan was published for comment in the Federal Register on May 
17, 2016.\2\ The Commission has received 22 comments on the proposed 
Plan.\3\
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    \1\ See Letter from Participants to Brent J. Fields, Secretary, 
Commission, dated February 27, 2015.
    \2\ See Securities Exchange Act Release No. 77724 (April 27, 
2016), 81 FR 30614.
    \3\ See Letters to Brent J. Fields, Secretary, Commission, from 
Kathleen Weiss Hanley, Bolton-Perella Chair in Finance, Lehigh 
University, et al., dated July 12, 2016; Courtney Doyle McGuinn, FIX 
Operations Director, FIX Trading Community, dated July 14, 2016; 
Kelvin To, Founder and President, Data Boiler Technologies, LLC, 
dated July 15, 2016; Richard Foster, Senior Vice President and 
Senior Counsel for Regulatory and Legal Affairs, Financial Services 
Roundtable, dated July 15, 2016; David T. Bellaire, Executive Vice 
President & General Counsel, Financial Services Institute, dated, 
July 18, 2016; Stuart J. Kaswell, Executive Vice President & 
Managing Director, General Counsel, Managed Funds Association, July 
18, 2016; David W. Blass, General Counsel, Investment Company 
Institute, dated July 18, 2016; Larry E. Thompson, Vice Chairman and 
General Counsel, Depository Trust & Clearing Corporation, dated July 
18, 2016; Manisha Kimmel, Chief Regulatory Officer, Wealth 
Management, Thomson Reuters, dated July 18, 2016; Theodore R. Lazo, 
Managing Director and Associate General Counsel, and Ellen Greene, 
Managing Director, Financial Services Operations, Securities 
Industry and Financial Markets Association, dated July 18, 2016; 
Anonymous, received July 18, 2016; Mary Lou Von Kaenel, Managing 
Director, Financial Information Forum, dated July 18, 2016; Marc R. 
Bryant, Senior Vice President, Deputy General Counsel, Fidelity 
Investments, dated July 18, 2016; Mark Husler, CEO, UniVista, and 
Jonathan Jachym, Head of North America Regulatory Strategy & 
Government Relations, London Stock Exchange Group, dated July 18, 
2016; Gary Stone, Chief Strategy Officer for Trading Solutions and 
Global Regulatory and Policy Group, Bloomberg, L.P., dated July 18, 
2016; Bonnie K. Wachtel, Wachtel Co Inc., dated July 18, 2016; 
Dennis M. Kelleher, President & CEO, Stephen W. Hall, Legal Director 
& Securities Specialist, Lev Bagramian, Senior Securities Policy 
Advisor, Better Markets, dated July 18, 2016; John A. McCarthy, 
General Counsel, KCG Holdings, Inc., dated July 20, 2016; Industry 
Members of the Development Advisory Group (including Financial 
Information Forum, Securities Industry and Financial Markets 
Association and Securities Traders Association), dated July 20, 
2016; Joanne Moffic-Silver, EVP, General Counsel & Corporate 
Secretary, Chicago Board Options Exchange, Incorporated, dated July 
21, 2016; Elizabeth K. King, NYSE Group, Inc., dated July 21, 2016; 
John Russell, Chairman of the Board, and James Toes, President & 
CEO, Securities Traders Association, dated July 25, 2016.
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    Rule 608 \4\ under Section 11A of the Act \5\ provides that within 
120 days of the date of publication of notice of filing of an NMS plan 
or an amendment to an effective NMS plan the Commission shall approve 
such plan or amendment, with such changes or subject to such conditions 
as the Commission may deem necessary or appropriate, if it finds that 
such plan or amendment is necessary and appropriate in the public 
interest, for the protection of investors and 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. The 120th day after publication of the 
proposed Plan is September 14, 2016. Rule 608, however, provides that 
the Commission may extend the period within which it must approve an 
NMS Plan or amendment to an effective NMS Plan up to 180 days, if it 
finds such longer period to be appropriate and publishes its reasons 
for so finding or as to which the sponsors consent.
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    \4\ 17 CFR 242.608.
    \5\ 15 U.S.C. 78k-1.
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    The Commission hereby extends the time period for Commission action 
on the proposed Plan and designates November 10, 2016, which is the 
last business day before the 180th day after publication of the 
proposed Plan,\6\ as the time period for Commission action. The 
Commission finds that it is appropriate to designate a longer period 
within which to take action on the proposed Plan to afford the 
Commission with additional time to consider the comments received on 
the proposed Plan, which are broad in scope.
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    \6\ The Commission notes that Sunday, November 13, 2016 is the 
180th day after publication of the proposed Plan.
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    Accordingly, pursuant to Section 11A of the Act \7\ and Rule 608 
thereunder,\8\ the Commission designates November 10, 2016 as the date 
for Commission action on the proposed Plan.
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    \7\ 15 U.S.C. 78k-1.
    \8\ 17 CFR 242.608.
    \9\ 17 CFR 200.30-3(a)(42).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-18477 Filed 8-3-16; 8:45 am]
 BILLING CODE 8011-01-P