Program for Allocation of Regulatory Responsibilities Pursuant to Rule 17d-2; Order Approving and Declaring Effective a Proposed Amended Plan for the Allocation of Regulatory Responsibilities Among the Financial Industry Regulatory Authority, Inc., Miami International Securities Exchange, LLC, and MIAX PEARL, LLC, 10417-10418 [2017-02739]
Download as PDF
Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on February 3,
2017, it filed with the Postal Regulatory
Commission a Request of the United
States Postal Service to Add Priority
Mail Contract 290 to Competitive
Product List. Documents are available at
www.prc.gov, Docket Nos. MC2017–84,
CP2017–113.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017–02745 Filed 2–9–17; 8:45 am]
BILLING CODE 7710–12–P
POSTAL SERVICE
Product Change—Priority Mail
Negotiated Service Agreement
Postal ServiceTM.
Notice.
AGENCY:
ACTION:
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Effective date: February 10, 2017.
FOR FURTHER INFORMATION CONTACT:
Elizabeth A. Reed, 202–268–3179.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on February 3,
2017, it filed with the Postal Regulatory
Commission a Request of the United
States Postal Service to Add Priority
Mail Contract 292 to Competitive
Product List. Documents are available at
www.prc.gov, Docket Nos. MC2017–86,
CP2017–115.
SUMMARY:
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017–02743 Filed 2–9–17; 8:45 am]
BILLING CODE 7710–12–P
SECURITIES AND EXCHANGE
COMMISSION
mstockstill on DSK3G9T082PROD with NOTICES
[Release No. 34–79974; File No. 4–678]
Program for Allocation of Regulatory
Responsibilities Pursuant to Rule 17d–
2; Order Approving and Declaring
Effective a Proposed Amended Plan
for the Allocation of Regulatory
Responsibilities Among the Financial
Industry Regulatory Authority, Inc.,
Miami International Securities
Exchange, LLC, and MIAX PEARL, LLC
February 6, 2017.
On January 12, 2017, Miami
International Securities Exchange, LLC
VerDate Sep<11>2014
18:35 Feb 09, 2017
Jkt 241001
(‘‘MIAX’’), MIAX PEARL, LLC (‘‘MIAX
PEARL’’), and the Financial Industry
Regulatory Authority, Inc. (‘‘FINRA’’)
(collectively, the ‘‘Parties’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’ or ‘‘SEC’’)
an amended plan for the allocation of
regulatory responsibilities, dated
January 11, 2017 (‘‘Amended 17d–2
Plan’’ or the ‘‘Amended Plan’’). The
Amended Plan was published for
comment on January 19, 2017.1 The
Commission received no comments on
the Amended Plan. This order approves
and declares effective the Amended
Plan.
I. Introduction
Section 19(g)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’),2 among
other things, requires every selfregulatory organization (‘‘SRO’’)
registered as either a national securities
exchange or national securities
association to examine for, and enforce
compliance by, its members and persons
associated with its members with the
Act, the rules and regulations
thereunder, and the SRO’s own rules,
unless the SRO is relieved of this
responsibility pursuant to Section 17(d)
or Section 19(g)(2) of the Act.3 Without
this relief, the statutory obligation of
each individual SRO could result in a
pattern of multiple examinations of
broker-dealers that maintain
memberships in more than one SRO
(‘‘Common Members’’). Such regulatory
duplication would add unnecessary
expenses for common members and
their SROs.
Section 17(d)(1) of the Act 4 was
intended, in part, to eliminate
unnecessary multiple examinations and
regulatory duplication.5 With respect to
a common member, Section 17(d)(1)
authorizes the Commission, by rule or
order, to relieve an SRO of the
responsibility to receive regulatory
reports, to examine for and enforce
compliance with applicable statutes,
rules, and regulations, or to perform
other specified regulatory functions.
To implement Section 17(d)(1), the
Commission adopted two rules: Rule
17d–1 and Rule 17d–2 under the Act.6
Rule 17d–1 authorizes the Commission
to name a single SRO as the designated
1 See Securities Exchange Act Release No. 79779
(January 12, 2017), 82 FR 6674 (January 19, 2017).
2 15 U.S.C. 78s(g)(1).
3 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2),
respectively.
4 15 U.S.C. 78q(d)(1).
5 See Securities Act Amendments of 1975, Report
of the Senate Committee on Banking, Housing, and
Urban Affairs to Accompany S. 249, S. Rep. No. 94–
75, 94th Cong., 1st Session 32 (1975).
6 17 CFR 240.17d–1 and 17 CFR 240.17d–2,
respectively.
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
10417
examining authority (‘‘DEA’’) to
examine common members for
compliance with the financial
responsibility requirements imposed by
the Act, or by Commission or SRO
rules.7 When an SRO has been named as
a common member’s DEA, all other
SROs to which the common member
belongs are relieved of the responsibility
to examine the firm for compliance with
the applicable financial responsibility
rules. On its face, Rule 17d–1 deals only
with an SRO’s obligations to enforce
member compliance with financial
responsibility requirements. Rule 17d–1
does not relieve an SRO from its
obligation to examine a common
member for compliance with its own
rules and provisions of the federal
securities laws governing matters other
than financial responsibility, including
sales practices and trading activities and
practices.
To address regulatory duplication in
these and other areas, the Commission
adopted Rule 17d–2 under the Act.8
Rule 17d–2 permits SROs to propose
joint plans for the allocation of
regulatory responsibilities with respect
to their common members. Under
paragraph (c) of Rule 17d–2, the
Commission may declare such a plan
effective if, after providing for
appropriate notice and comment, it
determines that the plan is necessary or
appropriate in the public interest and
for the protection of investors; to foster
cooperation and coordination among the
SROs; to remove impediments to, and
foster the development of, a national
market system and a national clearance
and settlement system; and is in
conformity with the factors set forth in
Section 17(d) of the Act. Commission
approval of a plan filed pursuant to Rule
17d–2 relieves an SRO of those
regulatory responsibilities allocated by
the plan to another SRO.
II. Proposed Amended Plan
On November 19, 2014, the
Commission declared effective the Plan
entered into between FINRA and MIAX
for allocating regulatory responsibility
pursuant to Rule 17d–2.9 The Plan is
intended to reduce regulatory
duplication for firms that are common
members of both MIAX and FINRA. The
plan reduces regulatory duplication for
firms that are members of MIAX and
FINRA by allocating regulatory
7 See Securities Exchange Act Release No. 12352
(April 20, 1976), 41 FR 18808 (May 7, 1976).
8 See Securities Exchange Act Release No. 12935
(October 28, 1976), 41 FR 49091 (November 8,
1976).
9 See Securities Exchange Act Release No. 73641
(November 19, 2014), 79 FR 70230 (November 25,
2014).
E:\FR\FM\10FEN1.SGM
10FEN1
10418
Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
responsibility with respect to certain
applicable laws, rules, and regulations.
Included in the Plan is an exhibit that
lists every MIAX rule for which FINRA
bears responsibility under the Plan for
overseeing and enforcing with respect to
MIAX members that are also members of
FINRA and the associated persons
therewith (‘‘Certification’’). On January
12, 2017, the parties submitted the
proposed Amended Plan. The primary
purpose of the amendment is to add
MIAX PEARL as a Participant to the
Plan.
III. Discussion
The Commission finds that the
proposed Amended Plan is consistent
with the factors set forth in Section
17(d) of the Act 10 and Rule 17d–2(c)
thereunder 11 in that the proposed
Amended Plan is necessary or
appropriate in the public interest and
for the protection of investors, fosters
cooperation and coordination among
SROs, and removes impediments to and
fosters the development of the national
market system. In particular, the
Commission believes that the proposed
Amended Plan should reduce
unnecessary regulatory duplication by
allocating to FINRA certain examination
and enforcement responsibilities for
Common Members that would
otherwise be performed by MIAX, MIAX
PEARL, and FINRA. Accordingly, the
proposed Amended Plan promotes
efficiency by reducing costs to Common
Members. Furthermore, because MIAX,
MIAX PEARL, and FINRA will
coordinate their regulatory functions in
accordance with the Amended Plan, the
Amended Plan should promote investor
protection.
The Commission notes that, under the
Amended Plan, MIAX, MIAX PEARL,
and FINRA have allocated regulatory
responsibility for those MIAX and
MIAX PEARL rules, set forth in the
Certification, that are substantially
similar to the applicable FINRA rules in
that examination for compliance with
such provisions and rules would not
require FINRA to develop one or more
new examination standards, modules,
procedures, or criteria in order to
analyze the application of the rule, or a
Common Member’s activity, conduct, or
output in relation to such rule. In
addition, under the Amended Plan,
FINRA would assume regulatory
responsibility for certain provisions of
the federal securities laws and the rules
and regulations thereunder that are set
forth in the Certification. The Common
Rules covered by the Amended Plan are
10 15
11 17
U.S.C. 78q(d).
CFR 240.17d–2(c).
VerDate Sep<11>2014
18:35 Feb 09, 2017
specifically listed in the Certification, as
may be amended by the Parties from
time to time.
According to the Amended Plan,
MIAX and MIAX PEARL will review the
Certification, at least annually, or more
frequently if required by changes in
either the rules of MIAX, MIAX PEARL,
or FINRA, and, if necessary, submit to
FINRA an updated list of Common
Rules to add MIAX and MIAX PEARL
rules not included on the then-current
list of Common Rules that are
substantially similar to FINRA rules;
delete MIAX and MIAX PEARL rules
included in the then-current list of
Common Rules that are no longer
substantially similar to FINRA rules;
and confirm that the remaining rules on
the list of Common Rules continue to be
MIAX and MIAX PEARL rules that are
substantially similar to FINRA rules.12
FINRA will then confirm in writing
whether the rules listed in any updated
list are Common Rules as defined in the
Amended Plan. Under the Amended
Plan, MIAX and MIAX PEARL will also
provide FINRA with a current list of
Common Members and shall update the
list no less frequently than once each
quarter.13 The Commission believes that
these provisions are designed to provide
for continuing communication between
the Parties to ensure the continued
accuracy of the scope of the proposed
allocation of regulatory responsibility.
The Commission is hereby declaring
effective an Amended Plan that, among
other things, allocates regulatory
responsibility to FINRA for the
oversight and enforcement of all MIAX
and MIAX PEARL rules that are
substantially similar to the rules of
FINRA for Common Members of MIAX
and FINRA, and MIAX PEARL and
FINRA. Therefore, modifications to the
Certification need not be filed with the
Commission as an amendment to the
Amended Plan, provided that the
Parties are only adding to, deleting
from, or confirming changes to MIAX or
MIAX PEARL rules in the Certification
in conformance with the definition of
Common Rules provided in the
Amended Plan. However, should the
Parties decide to add a MIAX or MIAX
PEARL rule to the Certification that is
not substantially similar to a FINRA
rule; delete a MIAX or MIAX PEARL
rule from the Certification that is
substantially similar to a FINRA rule; or
leave on the Certification a MIAX or
MIAX PEARL rule that is no longer
substantially similar to a FINRA rule,
then such a change would constitute an
amendment to the Amended Plan,
12 See
13 See
Jkt 241001
PO 00000
paragraph 2 of the Amended Plan.
paragraph 3 of the Amended Plan.
Frm 00091
Fmt 4703
Sfmt 4703
which must be filed with the
Commission pursuant to Rule 17d–2
under the Act.14
IV. Conclusion
This Order gives effect to the
Amended Plan filed with the
Commission in File No. 4–678. The
Parties shall notify all members affected
by the Amended Plan of their rights and
obligations under the Amended Plan.
It is therefore ordered, pursuant to
Section 17(d) of the Act, that the
Amended Plan in File No. 4–678,
between FINRA, MIAX, and MIAX
PEARL, filed pursuant to Rule 17d–2
under the Act, is approved and declared
effective.
It is further ordered that MIAX and
MIAX PEARL are relieved of those
responsibilities allocated to FINRA
under the Amended Plan in File No. 4–
678.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–02739 Filed 2–9–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79975; File No. SR–
NYSEArca–2017–08]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend NYSE Arca
Equities Rule 5.2(j)(6)(v) To Add the
EURO STOXX 50 Volatility Futures to
the Definition of Futures Reference
Asset
February 6, 2017.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on January
27, 2017, NYSE Arca, Inc. (the
‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
14 The Commission also notes that the addition to
or deletion from the Certification of any federal
securities laws, rules, and regulations for which
FINRA would bear responsibility under the
Amended Plan for examining, and enforcing
compliance by, Common Members, also would
constitute an amendment to the Amended Plan.
15 17 CFR 200.30–3(a)(34).
1 15 U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
E:\FR\FM\10FEN1.SGM
10FEN1
Agencies
[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Notices]
[Pages 10417-10418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02739]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-79974; File No. 4-678]
Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Order Approving and Declaring Effective a Proposed Amended
Plan for the Allocation of Regulatory Responsibilities Among the
Financial Industry Regulatory Authority, Inc., Miami International
Securities Exchange, LLC, and MIAX PEARL, LLC
February 6, 2017.
On January 12, 2017, Miami International Securities Exchange, LLC
(``MIAX''), MIAX PEARL, LLC (``MIAX PEARL''), and the Financial
Industry Regulatory Authority, Inc. (``FINRA'') (collectively, the
``Parties'') filed with the Securities and Exchange Commission
(``Commission'' or ``SEC'') an amended plan for the allocation of
regulatory responsibilities, dated January 11, 2017 (``Amended 17d-2
Plan'' or the ``Amended Plan''). The Amended Plan was published for
comment on January 19, 2017.\1\ The Commission received no comments on
the Amended Plan. This order approves and declares effective the
Amended Plan.
---------------------------------------------------------------------------
\1\ See Securities Exchange Act Release No. 79779 (January 12,
2017), 82 FR 6674 (January 19, 2017).
---------------------------------------------------------------------------
I. Introduction
Section 19(g)(1) of the Securities Exchange Act of 1934
(``Act''),\2\ among other things, requires every self-regulatory
organization (``SRO'') registered as either a national securities
exchange or national securities association to examine for, and enforce
compliance by, its members and persons associated with its members with
the Act, the rules and regulations thereunder, and the SRO's own rules,
unless the SRO is relieved of this responsibility pursuant to Section
17(d) or Section 19(g)(2) of the Act.\3\ Without this relief, the
statutory obligation of each individual SRO could result in a pattern
of multiple examinations of broker-dealers that maintain memberships in
more than one SRO (``Common Members''). Such regulatory duplication
would add unnecessary expenses for common members and their SROs.
---------------------------------------------------------------------------
\2\ 15 U.S.C. 78s(g)(1).
\3\ 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), respectively.
---------------------------------------------------------------------------
Section 17(d)(1) of the Act \4\ was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\5\ With
respect to a common member, Section 17(d)(1) authorizes the Commission,
by rule or order, to relieve an SRO of the responsibility to receive
regulatory reports, to examine for and enforce compliance with
applicable statutes, rules, and regulations, or to perform other
specified regulatory functions.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78q(d)(1).
\5\ See Securities Act Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975).
---------------------------------------------------------------------------
To implement Section 17(d)(1), the Commission adopted two rules:
Rule 17d-1 and Rule 17d-2 under the Act.\6\ Rule 17d-1 authorizes the
Commission to name a single SRO as the designated examining authority
(``DEA'') to examine common members for compliance with the financial
responsibility requirements imposed by the Act, or by Commission or SRO
rules.\7\ When an SRO has been named as a common member's DEA, all
other SROs to which the common member belongs are relieved of the
responsibility to examine the firm for compliance with the applicable
financial responsibility rules. On its face, Rule 17d-1 deals only with
an SRO's obligations to enforce member compliance with financial
responsibility requirements. Rule 17d-1 does not relieve an SRO from
its obligation to examine a common member for compliance with its own
rules and provisions of the federal securities laws governing matters
other than financial responsibility, including sales practices and
trading activities and practices.
---------------------------------------------------------------------------
\6\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively.
\7\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18808 (May 7, 1976).
---------------------------------------------------------------------------
To address regulatory duplication in these and other areas, the
Commission adopted Rule 17d-2 under the Act.\8\ Rule 17d-2 permits SROs
to propose joint plans for the allocation of regulatory
responsibilities with respect to their common members. Under paragraph
(c) of Rule 17d-2, the Commission may declare such a plan effective if,
after providing for appropriate notice and comment, it determines that
the plan is necessary or appropriate in the public interest and for the
protection of investors; to foster cooperation and coordination among
the SROs; to remove impediments to, and foster the development of, a
national market system and a national clearance and settlement system;
and is in conformity with the factors set forth in Section 17(d) of the
Act. Commission approval of a plan filed pursuant to Rule 17d-2
relieves an SRO of those regulatory responsibilities allocated by the
plan to another SRO.
---------------------------------------------------------------------------
\8\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
---------------------------------------------------------------------------
II. Proposed Amended Plan
On November 19, 2014, the Commission declared effective the Plan
entered into between FINRA and MIAX for allocating regulatory
responsibility pursuant to Rule 17d-2.\9\ The Plan is intended to
reduce regulatory duplication for firms that are common members of both
MIAX and FINRA. The plan reduces regulatory duplication for firms that
are members of MIAX and FINRA by allocating regulatory
[[Page 10418]]
responsibility with respect to certain applicable laws, rules, and
regulations. Included in the Plan is an exhibit that lists every MIAX
rule for which FINRA bears responsibility under the Plan for overseeing
and enforcing with respect to MIAX members that are also members of
FINRA and the associated persons therewith (``Certification''). On
January 12, 2017, the parties submitted the proposed Amended Plan. The
primary purpose of the amendment is to add MIAX PEARL as a Participant
to the Plan.
---------------------------------------------------------------------------
\9\ See Securities Exchange Act Release No. 73641 (November 19,
2014), 79 FR 70230 (November 25, 2014).
---------------------------------------------------------------------------
III. Discussion
The Commission finds that the proposed Amended Plan is consistent
with the factors set forth in Section 17(d) of the Act \10\ and Rule
17d-2(c) thereunder \11\ in that the proposed Amended Plan is necessary
or appropriate in the public interest and for the protection of
investors, fosters cooperation and coordination among SROs, and removes
impediments to and fosters the development of the national market
system. In particular, the Commission believes that the proposed
Amended Plan should reduce unnecessary regulatory duplication by
allocating to FINRA certain examination and enforcement
responsibilities for Common Members that would otherwise be performed
by MIAX, MIAX PEARL, and FINRA. Accordingly, the proposed Amended Plan
promotes efficiency by reducing costs to Common Members. Furthermore,
because MIAX, MIAX PEARL, and FINRA will coordinate their regulatory
functions in accordance with the Amended Plan, the Amended Plan should
promote investor protection.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78q(d).
\11\ 17 CFR 240.17d-2(c).
---------------------------------------------------------------------------
The Commission notes that, under the Amended Plan, MIAX, MIAX
PEARL, and FINRA have allocated regulatory responsibility for those
MIAX and MIAX PEARL rules, set forth in the Certification, that are
substantially similar to the applicable FINRA rules in that examination
for compliance with such provisions and rules would not require FINRA
to develop one or more new examination standards, modules, procedures,
or criteria in order to analyze the application of the rule, or a
Common Member's activity, conduct, or output in relation to such rule.
In addition, under the Amended Plan, FINRA would assume regulatory
responsibility for certain provisions of the federal securities laws
and the rules and regulations thereunder that are set forth in the
Certification. The Common Rules covered by the Amended Plan are
specifically listed in the Certification, as may be amended by the
Parties from time to time.
According to the Amended Plan, MIAX and MIAX PEARL will review the
Certification, at least annually, or more frequently if required by
changes in either the rules of MIAX, MIAX PEARL, or FINRA, and, if
necessary, submit to FINRA an updated list of Common Rules to add MIAX
and MIAX PEARL rules not included on the then-current list of Common
Rules that are substantially similar to FINRA rules; delete MIAX and
MIAX PEARL rules included in the then-current list of Common Rules that
are no longer substantially similar to FINRA rules; and confirm that
the remaining rules on the list of Common Rules continue to be MIAX and
MIAX PEARL rules that are substantially similar to FINRA rules.\12\
FINRA will then confirm in writing whether the rules listed in any
updated list are Common Rules as defined in the Amended Plan. Under the
Amended Plan, MIAX and MIAX PEARL will also provide FINRA with a
current list of Common Members and shall update the list no less
frequently than once each quarter.\13\ The Commission believes that
these provisions are designed to provide for continuing communication
between the Parties to ensure the continued accuracy of the scope of
the proposed allocation of regulatory responsibility.
---------------------------------------------------------------------------
\12\ See paragraph 2 of the Amended Plan.
\13\ See paragraph 3 of the Amended Plan.
---------------------------------------------------------------------------
The Commission is hereby declaring effective an Amended Plan that,
among other things, allocates regulatory responsibility to FINRA for
the oversight and enforcement of all MIAX and MIAX PEARL rules that are
substantially similar to the rules of FINRA for Common Members of MIAX
and FINRA, and MIAX PEARL and FINRA. Therefore, modifications to the
Certification need not be filed with the Commission as an amendment to
the Amended Plan, provided that the Parties are only adding to,
deleting from, or confirming changes to MIAX or MIAX PEARL rules in the
Certification in conformance with the definition of Common Rules
provided in the Amended Plan. However, should the Parties decide to add
a MIAX or MIAX PEARL rule to the Certification that is not
substantially similar to a FINRA rule; delete a MIAX or MIAX PEARL rule
from the Certification that is substantially similar to a FINRA rule;
or leave on the Certification a MIAX or MIAX PEARL rule that is no
longer substantially similar to a FINRA rule, then such a change would
constitute an amendment to the Amended Plan, which must be filed with
the Commission pursuant to Rule 17d-2 under the Act.\14\
---------------------------------------------------------------------------
\14\ The Commission also notes that the addition to or deletion
from the Certification of any federal securities laws, rules, and
regulations for which FINRA would bear responsibility under the
Amended Plan for examining, and enforcing compliance by, Common
Members, also would constitute an amendment to the Amended Plan.
---------------------------------------------------------------------------
IV. Conclusion
This Order gives effect to the Amended Plan filed with the
Commission in File No. 4-678. The Parties shall notify all members
affected by the Amended Plan of their rights and obligations under the
Amended Plan.
It is therefore ordered, pursuant to Section 17(d) of the Act, that
the Amended Plan in File No. 4-678, between FINRA, MIAX, and MIAX
PEARL, filed pursuant to Rule 17d-2 under the Act, is approved and
declared effective.
It is further ordered that MIAX and MIAX PEARL are relieved of
those responsibilities allocated to FINRA under the Amended Plan in
File No. 4-678.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------
\15\ 17 CFR 200.30-3(a)(34).
---------------------------------------------------------------------------
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02739 Filed 2-9-17; 8:45 am]
BILLING CODE 8011-01-P