[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Notices]
[Pages 9349-9351]
[FR Doc No: 2018-04337]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82784; File No. SR-IEX-2018-04]

Self-Regulatory Organizations; Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 5.170 To Reflect an Update to a FINRA Rule

February 27, 2018.
    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 February 21, 2018, the Investors Exchange LLC (``IEX''
or the ``Exchange'') 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
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Pursuant to the provisions of Section 19(b)(1) under the Securities
Exchange Act of 1934 (``Act''), \4\ and Rule 19b-4 thereunder,\5\
Investors Exchange LLC (``IEX'' or ``Exchange'') is filing with the
Commission a proposed rule change to amend Rule 5.170 to reflect an
update to a rule of the Financial Industry Regulatory Authority
(``FINRA'')

incorporated by reference therein. The Exchange has designated this
rule change as ``non-controversial'' under Section 19(b)(3)(A) of the
Act \6\ and provided the Commission with the notice required by Rule
19b-4(f)(6) thereunder.\7\
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4.
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    The text of the proposed rule change is available at the Exchange's
website at www.iextrading.com, at the principal office of the Exchange,
and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 5.170 to reflect an update to a
FINRA rule incorporated by reference therein. On April 7, 2016, the
Commission approved a FINRA proposed rule change to adopt new FINRA
Rule 3210 (Accounts at Other Broker-Dealers and Financial Institutions)
in the Consolidated FINRA Rulebook, which addresses accounts opened or
established by associated persons of FINRA members at firms other than
the firm with which they are associated (the ``FINRA Rule Filing''). As
part of the FINRA Rule Filing, FINRA also deleted NASD Rule 3050 and
Incorporated New York Stock Exchange (``NYSE'') Rules 407, 407A, and
Incorporated NYSE Rule Interpretation 407, each of which governed the
obligations of FINRA member firms and their associated persons with
respect to transactions effected by such associated persons in accounts
established outside of the member firm.\8\ Thus FINRA Rule 3210 updated
and consolidated into the FINRA Rulebook NASD Rule 3050 and certain
Incorporated NYSE rules.\9\
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    \8\ See Exchange Act Release No. 77550 (April 7, 2016), 81 FR
21924 (April 13, 2016) (Order Approving File No. SR-FINRA-2015-029).
    \9\ Id.
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    NASD Rule 3050 is incorporated by reference in Exchange Rule 5.170
(Transactions for or by Associated Persons), which provides that
``Members and persons associated with a Member shall comply with NASD
Rule 3050 as if such Rule were part of IEX's Rules.''
    Accordingly, in view of the FINRA rule change whereby NASD Rule
3050 was consolidated into FINRA Rule 3210, the Exchange proposes to
update the reference to NASD Rule 3050 with a reference to FINRA Rule
3210. As proposed, IEX Members would be subject to the requirements of
FINRA Rule 3210 rather than NASD Rule 3050. A description of the
requirements of FINRA Rule 3210, and the differences between FINRA Rule
3210 and former NASD Rule 3050, are described in the FINRA Rule
Filing.\10\
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    \10\ Id.
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2. Statutory Basis
    IEX believes that the proposed rule change is consistent with the
provisions of Section 6(b) \11\ of the Act in general, and furthers the
objectives of Section 6(b)(5) of the Act \12\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest. The Exchange notes that in approving the FINRA Rule
Filing, the Commission stated that it ``believes that the proposal
would help protect investors and the public interest by establishing a
framework through which a member can adequately supervise securities-
related activities of their associated persons at firms other than the
one with which they are associated . . . [and that the] rule makes the
core supervisory obligation more operationally workable for employer
firms.'' The Exchange agrees with the Commission and believes the
proposed rule change is also consistent with the Act because it will
provide greater clarity to Members regarding IEX's rules.
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    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    IEX does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
that the proposed rule change will result in a burden on intra-market
competition since it will apply equally to all Members. Further, as
described in the FINRA Rule Filing and the SEC approval order thereof,
FINRA Rule 3210 enables FINRA members to design a supervisory system
that suits their respective business model and risk profiles. Further,
FINRA noted in the FINRA Rule Filing, because FINRA Rule 3210 is
consistent with prior NASD Rule 3050, current requirements and
longstanding practice, it will not impose additional burdens on FINRA
members. The Exchange believes that these factors mitigate against any
disparate burden on IEX Members. The Exchange also does not believe
that the proposed rule change will result in a burden on inter-market
competition, since it is designed to address regulatory requirements
rather than competitive considerations.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \15\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \16\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon

filing. According to the Exchange, waiver of the operative delay will
help to avoid any potential confusion that may otherwise occur on the
part of IEX Members as to the requirements of IEX Rule 5.170. The
Commission believes that the proposed rule change raises no new or
novel issues and that waiver of the operative delay is consistent with
the protection of investors and the public interest. Therefore, the
Commission hereby waives the operative delay and designates the
proposal operative upon filing.\17\
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \18\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \18\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change 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 SR-IEX-2018-04 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 SR-IEX-2018-04. This file
number should be included in 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 website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change 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 website viewing and printing in
the Commission's Public Reference Section, 100 F Street NE, Washington,
DC 20549-1090. Copies of the filing will also be available for
inspection and copying at the IEX's principal office and on its
internet website at www.iextrading.com. All comments received will be
posted without change. Persons submitting comments are cautioned that
we do not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-IEX-
2018-04 and should be submitted on or before March 26, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-04337 Filed 3-2-18; 8:45 am]
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[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Rules and Regulations]
[Pages 54883-54884]
[FR Doc No: 2022-19286]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0026; Airspace Docket No. 21-AAL-68]
RIN 2120-AA66

Amendment of United States Area Navigation (RNAV) Route T-232;
Fairbanks, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: This action corrects a final rule published by the FAA in the
Federal Register on August 29, 2022, that amends United States Area
Navigation (RNAV) route T-232 in the vicinity of Fairbanks, AK, in
support of a large and comprehensive T-route modernization project for
the state of Alaska. The final rule identified the IMARE, AK, route
point as a waypoint (WP), in error. This action makes an editorial
correction to the references of the IMARE, AK, WP to change it to be
reflected as a Fix and match the FAA's aeronautical database
information.

DATES: Effective date 0901 UTC, November 3, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule in the Federal Register (87 FR
52676; August 29, 2022), amending T-232 in support of a large and
comprehensive T-route modernization project for the state of Alaska.
Subsequent to publication, the FAA determined that the IMARE, AK, route
point was inadvertently identified as a WP, in error. This rule
corrects that error by changing the references of the

IMARE, AK, WP to the IMARE, AK, Fix. This is an editorial change only
to match the FAA's aeronautical database information and does not alter
the alignment of the affected T-232 route.
    United States Area Navigation Routes are published in paragraph
6011 of FAA Order JO 7400.11F, dated August 10, 2021, and effective
September 15, 2021, which is incorporated by reference in 14 CFR 71.1.
The RNAV T-route listed in this document will be published subsequently
in FAA Order JO 7400.11.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, references
to the IMARE, AK, WP that are reflected in Docket No. FAA-2022-0026, as
published in the Federal Register of August 29, 2022 (87 FR 52676), FR
Doc. 2022-18426, are corrected as follows:
    1. In FR Doc. 2022-18426, appearing on page 52676, in the third
column, at line 20, correct ``IMARE, AK, WP'' to read ``IMARE, AK,
Fix''.
    2. In FR Doc. 2022-18426, appearing on page 52677, in the third
column, at line 25, correct ``IMARE, AK WP (Lat. 64[deg]33'29.60'' N,
long. 147[deg]17'20.31'' W)'' to read ``IMARE, AK FIX (Lat.
64[deg]33'29.60'' N, long. 147[deg]17'20.31'' W)''.

    Issued in Washington, DC, on August 31, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-19286 Filed 9-7-22; 8:45 am]
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