80_FR_14245 80 FR 14193 - Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Concerning the CHX Routing Services

80 FR 14193 - Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Concerning the CHX Routing Services

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 52 (March 18, 2015)

Page Range14193-14195
FR Document2015-06091

Federal Register, Volume 80 Issue 52 (Wednesday, March 18, 2015)
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14193-14195]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06091]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74487; File No. SR-CHX-2015-02]


Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change 
Concerning the CHX Routing Services

March 12, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given 
that on March 4, 2015, the Chicago Stock Exchange, Inc. (``CHX'' or the 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The

[[Page 14194]]

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\ 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

    CHX proposes to clarify for Participants and non-Participants the 
Exchange's smart versus direct routing protocol.\3\ On September 8, 
2014, the Exchange filed a proposed rule change adopting, among other 
things, the CHX Routing Services, which is a Regulation NMS compliant 
outbound order routing service that is not yet operational (``the 
initial rule filing''), with the Securities and Exchange Commission 
(the ``Commission'').\4\ The Exchange now submits this supplemental 
filing. The Exchange has designated this proposed rule change as non-
controversial and provided the Commission with the notice required by 
Rule 19b-4(f)(6)(iii) under the Act.\5\
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    \3\ CHX Article 1, Rule 1(s) defines ``Participant,'' in 
pertinent part, as ``any Participant Firm that holds a valid Trading 
Permit and any person associated with a Participant Firm who is 
registered with the Exchange under Articles 16 and 17 as a Market 
Maker Trader or Institutional Broker Representative, respectively. A 
Participant shall be considered a `member' of the Exchange for 
purposes of the Exchange Act.''
    \4\ See Exchange Act Release No. 73150 (September 19, 2014), 79 
FR 57603 (September 25, 2014) (SR-CHX-2014-15).
    \5\ 17 CFR 240.19b-4(f)(6)(iii).
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    The text of this proposed rule change is available on the 
Exchange's Web site at (www.chx.com) and in the Commission's Public 
Reference Room.

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

    In its filing with the Commission, the CHX included statements 
concerning the purpose of and basis for the proposed rule changes 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 CHX 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to clarify for Participants and non-
Participants the Exchange's smart versus direct routing protocol 
related to the CHX Routing Services. As described in the initial rule 
filing, upon the triggering of a Routing Event,\6\ the Exchange will 
route away Routable Orders,\7\ or portions thereof, through CHXBD, LLC, 
which is an affiliated routing broker that will operate as a facility 
of the Exchange, which would then forward orders to a third-party 
routing broker for routing to the ultimate routing destination. All 
orders routed to the third-party routing broker will include 
instructions for the third-party routing broker to either direct route 
the order to a specific destination or to smart route the order, 
utilizing the third-party routing broker's routing technology, pursuant 
to a routing table provided and maintained by the Exchange.
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    \6\ CHX Article 19, Rule 3(a), which is not yet operative, 
details Routing Events.
    \7\ CHX Article 1, Rule 1(oo), which is not yet operative, 
defines ``Routable Order'' as ``any incoming limit order, as defined 
under Article 1, Rule 2(a)(1), of any size, not marked by any order 
modifiers or related terms listed under Article 1, Rule 2 that 
prohibit the routing of the order to another Trading Center.''
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    The Exchange would like to clarify the smart versus direct routing 
protocol and to propose special handling of Routable Orders in relation 
to Protected Quotations \8\ displayed on the Alternative Display 
Facility (``ADF'') operated by the Financial Industry Regulatory 
Authority (``FINRA'').\9\ The Exchange does not propose to amend any 
CHX Rules nor substantively modify the CHX Routing Services in any 
other way.
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    \8\ See 17 CFR 242.600(b)(58).
    \9\ See FINRA Rule 6210.
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    Under footnote 50 of the initial rule filing,\10\ the Exchange 
utilized the term ``routed order'' to describe smart versus direct 
routing. For clarity, ``routed order'' describes the portion of a 
Routable Order that is to be routed to satisfy Protected Quotations of 
external markets at a single price point. Thus, by replacing the term 
``routed order'' with the more descriptive phrase ``the portion of a 
Routable Order that is to be routed'' and adding references to ``a 
single price point,'' the meaning of footnote 50 becomes clearer. The 
revised footnote 50 would read as follows:
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    \10\ Footnote 50 of the initial rule filing provides:
    Where the routed order is smaller than the aggregate size of two 
or more contra-side Protected Quotations that could be satisfied, 
the Exchange will rely on the third-party routing broker to utilize 
its smart-routing technology to route the order pursuant to a 
routing table provided by the Exchange. Thus, the relevant snapshot 
of the NBBO for Regulation NMS purposes will be taken by the third-
party routing broker and the third-party routing broker would route 
orders IOC and ISO. However, where the routed order is smaller than 
the size of one Protected Quotation that could be satisfied or is 
the same size as the aggregate size of one or more contra-side 
Protected Quotations that could be satisfied, the Exchange will 
direct the third-party routing broker to route orders to specific 
routing destinations. Thus, the relevant snapshot of the NBBO will 
be taken by the Exchange and the Exchange would mark the directed 
orders IOC and ISO. See supra note 4.

    Where the portion of a Routable Order that is to be routed at a 
certain price point is smaller than the aggregate size of two or more 
contra-side Protected Quotations that could be satisfied at a single 
price point, the Exchange will rely on the third-party routing broker 
to utilize its smart-routing technology to route the order pursuant to 
a routing table provided by the Exchange. Thus, the relevant snapshot 
of the NBBO for Regulation NMS purposes will be taken by the third-
party routing broker and the third-party routing broker would route 
orders IOC and ISO. However, where the portion of a Routable Order that 
is to be routed is smaller than the size of one Protected Quotation 
that could be satisfied or is the same size as the aggregate size of 
one or more contra-side Protected Quotations that could be satisfied at 
a single price point, the Exchange will direct the third-party routing 
broker to route orders to specific routing destinations. Thus, the 
relevant snapshot of the NBBO will be taken by the Exchange and the 
Exchange would mark the directed orders IOC and ISO.
    The Exchange also proposes to adopt special routing handling for 
Protected Quotations displayed on the ADF, as an exception to the 
aforementioned price point by price point determination to either smart 
or direct route an order. Specifically, upon the triggering of any 
Routing Event based on a Protected Quotation displayed on the ADF, the 
Exchange will route away the entire remaining balance of the Routable 
Order for smart routing by a third-party routing broker. The Exchange 
submits that this special handling is the most efficient way for the 
Exchange to meet its Regulation NMS obligations regarding Protected 
Quotation(s) displayed on the ADF and is consistent with the routing-
related rules adopted pursuant to the initial rule filing.\11\ 
Unexecuted remainders of smart routed orders returned to the Matching 
System from the third-party routing broker will be handled pursuant to 
Article 20, Rule 8(b)(7), as described under the initial rule 
filing.\12\
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    \11\ In the event the Exchange decides to modify its smart 
versus direct routing protocol, the Exchange will submit a proposed 
rule filing to that effect, pursuant to Rule 19b-4 under the Act.
    \12\ See CHX Article 20, Rule 8(b)(7), which is not yet 
operative.

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[[Page 14195]]

2. Statutory Basis
    The Exchange believes that the proposed clarification of the smart 
versus direct routing protocol described in the initial rule filing and 
special handling of the Protected Quotations displayed on the ADF is 
consistent with Section 6(b) of the Act in general \13\ and furthers 
the objectives of Sections 6(b)(1) \14\ and 6(b)(5) in particular.\15\ 
Specifically, the Exchange believes that the proposed filing would 
further enable the Exchange to be so organized as to have the capacity 
to be able to carry out the purposes of the Act and to comply, and to 
enforce compliance by its Participants and persons associated with its 
Participants, with the provisions of the Act, the rules and regulations 
thereunder, and the rules of the Exchange, by clarifying the smart 
versus direct routing protocol for the benefit of Participants and non-
Participants, in furtherance of the objectives of Section 6(b)(1). For 
similar reasons, the Exchange believes that the proposal is also 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in facilitating transaction in 
securities, to remove impediments to, and perfect the mechanisms of, a 
free and open market and, in general, by protecting investors and the 
public interest, in furtherance of the objectives of Section 6(b)(5).
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(1).
    \15\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. Given that the proposed 
changes promote clarity as to existing rules and does not amend any 
rules, the Exchange believes that any burden on competition is 
necessary and appropriate as clarity of the Exchange's rules further 
the purposes of the Act.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has been filed by the Exchange as a 
``non-controversial'' rule change pursuant to Section 19(b)(3)(A)(i) of 
the Act \16\ and Rule 19b-4(f)(6).\17\ Because the foregoing 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 \18\ and Rule 19b-4(f)(6).\19\
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    \16\ 15 U.S.C. 78s(b)(3)(A)(i).
    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file 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. 
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative prior to 30 days after the date of the filing. 
However, pursuant to Rule 19b-4(f)(6)(iii), the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange asserts 
that waiver of this requirement would allow the Exchange to clarify its 
initial rule filing prior to the CHX Routing Services becoming 
operational, and notes that the Exchange provides these services in a 
highly competitive market in which market participants may avail 
themselves of a wide variety of options offered by self-regulatory 
organizations, alternative trading systems and other broker-dealers. 
The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because it will allow the Exchange to clarify its rules in a timely 
manner and thereby avoid potential confusion. Therefore, the Commission 
hereby waives the 30-day operative delay and designates the proposed 
rule change to be operative upon filing with the Commission.\20\
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    \20\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposal 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 No. SR-CHX-2015-02 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.

All submissions should refer to File No. SR-CHX-2015-02. 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 rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule changes 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 the filing also will be available 
for inspection and copying at the principal office of the CHX. 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 No. SR-CHX-2015-02 and should be 
submitted on or before April 8, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
Brent J. Fields,
Secretary.
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    \21\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2015-06091 Filed 3-17-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices                                                    14193

                                                  As such, the Exchange believes that                     enhance competition, as they are                        only one method. The Commission will
                                                  increasing the difference in the rebates                intended to increase the                                post all comments on the Commission’s
                                                  between the tiers will act to incentivize               competitiveness of and draw additional                  Internet Web site (http://www.sec.gov/
                                                  Members to increase their ADV as a                      volume to BATS Options. As stated                       rules/sro.shtml). Copies of the
                                                  percentage of TCV to 0.30% in order to                  above, the Exchange notes that it                       submission, all subsequent
                                                  qualify for Customer Add Volume Tier                    operates in a highly competitive market                 amendments, all written statements
                                                  2 and receive a rebate of $0.48 per                     in which market participants can                        with respect to the proposed rule
                                                  contract. Such increased participation                  readily direct order flow to competing                  change that are filed with the
                                                  on BATS Options will result in higher                   venues if the deem fee structures to be                 Commission, and all written
                                                  levels of liquidity provision and                       unreasonable or excessive.                              communications relating to the
                                                  introduction of higher volumes of orders                                                                        proposed rule change between the
                                                  into the price and volume discovery                     C. Self-Regulatory Organization’s                       Commission and any person, other than
                                                  processes, which will benefit all                       Statement on Comments on the                            those that may be withheld from the
                                                  participants on BATS Options.                           Proposed Rule Change Received From                      public in accordance with the
                                                     The Exchange also believes that the                  Members, Participants, or Others                        provisions of 5 U.S.C. 552, will be
                                                  proposed reduction of the rebates for                     The Exchange has not solicited, and                   available for Web site viewing and
                                                  Professional/Firm Step-up Add Volume                    does not intend to solicit, comments on                 printing in the Commission’s Public
                                                  Tier 1 and Tier 2 is a reasonable, fair                 this proposed rule change. The                          Reference Room, 100 F Street NE.,
                                                  and equitable, and not unfairly                         Exchange has not received any written                   Washington, DC 20549, on official
                                                  discriminatory allocation of fees and                   comments from members or other                          business days between the hours of
                                                  rebates because, as stated above, the                   interested parties.                                     10:00 a.m. and 3:00 p.m. Copies of the
                                                  Exchange’s tiered pricing structure is                                                                          filing also will be available for
                                                  designed such that fees and rebates are                 III. Date of Effectiveness of the                       inspection and copying at the principal
                                                  related to the value of market quality                  Proposed Rule Change and Timing for                     office of the Exchange. All comments
                                                  associated with higher levels of market                 Commission Action                                       received will be posted without change;
                                                  activity, such as higher levels of                         The foregoing rule change has become                 the Commission does not edit personal
                                                  liquidity provision and/or growth                       effective pursuant to Section 19(b)(3)(A)               identifying information from
                                                  patterns, and introduction of higher                    of the Act 15 and paragraph (f) of Rule                 submissions. You should submit only
                                                  volumes of orders into the price and                    19b–4 thereunder.16 At any time within                  information that you wish to make
                                                  volume discovery processes. As such,                    60 days of the filing of the proposed rule              available publicly. All submissions
                                                  the Exchange believes that it is                        change, the Commission summarily may                    should refer to File Number SR–BATS–
                                                  reasonable, fair, and equitable to lower                temporarily suspend such rule change if                 2015–20 and should be submitted on or
                                                  the rebates associated with Professional/               it appears to the Commission that such                  before April 8, 2015.
                                                  Firm Step-up Add Volume Tier 1 and                      action is necessary or appropriate in the                 For the Commission, by the Division of
                                                  Tier 2. In this same light, the Exchange                public interest, for the protection of                  Trading and Markets, pursuant to delegated
                                                  notes that the proposed amendments                      investors, or otherwise in furtherance of               authority.17
                                                  would bring the rebate for Professional/                the purposes of the Act.                                Brent J. Fields,
                                                  Firm Step-up Add Volume Tier 1 and                                                                              Secretary.
                                                  Tier 2 in line with that of the Market                  IV. Solicitation of Comments
                                                                                                                                                                  [FR Doc. 2015–06124 Filed 3–17–15; 8:45 am]
                                                  Maker Add Volume Tier. The Exchange                       Interested persons are invited to
                                                                                                                                                                  BILLING CODE 8011–01–P
                                                  also notes that Professional and Firm                   submit written data, views, and
                                                  orders can continue to receive further                  arguments concerning the foregoing,
                                                  enhanced rebates through the NBBO                       including whether the proposed rule                     SECURITIES AND EXCHANGE
                                                  Setter Tiers and that any order that                    change is consistent with the Act.                      COMMISSION
                                                  qualifies for either Professional/Firm                  Comments may be submitted by any of
                                                  Step-Up Add Volume Tier 1 or Tier 2                     the following methods:                                  [Release No. 34–74487; File No. SR–CHX–
                                                  will also qualify for NBBO Setter Tier 1                                                                        2015–02]
                                                  where the order sets the national best                  Electronic Comments
                                                                                                            • Use the Commission’s Internet                       Self-Regulatory Organizations;
                                                  bid or offer.
                                                     The Exchange reiterates that it                      comment form (http://www.sec.gov/                       Chicago Stock Exchange, Inc.; Notice
                                                                                                                                                                  of Filing and Immediate Effectiveness
                                                  operates in a highly competitive market                 rules/sro.shtml); or
                                                                                                            • Send an email to rule-comments@                     of a Proposed Rule Change
                                                  in which market participants can
                                                                                                          sec.gov. Please include File Number SR–                 Concerning the CHX Routing Services
                                                  readily direct order flow to competing
                                                  venues if they deem fee levels to be                    BATS–2015–20 on the subject line.                       March 12, 2015.
                                                  excessive.                                                                                                         Pursuant to Section 19(b)(1) of the
                                                                                                          Paper Comments
                                                  B. Self-Regulatory Organization’s                                                                               Securities Exchange Act of 1934
                                                                                                            • Send paper comments in triplicate                   (‘‘Act’’),1 and Rule 19b–4 2 thereunder,
                                                  Statement on Burden on Competition                      to Brent J. Fields, Secretary, Securities               notice is hereby given that on March 4,
                                                    The Exchange does not believe that                    and Exchange Commission, 100 F Street                   2015, the Chicago Stock Exchange, Inc.
                                                  the proposed rule change will impose                    NE., Washington, DC 20549–1090.                         (‘‘CHX’’ or the ‘‘Exchange’’) filed with
                                                  any burden on competition not                           All submissions should refer to File                    the Securities and Exchange
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  necessary or appropriate in furtherance                 Number SR–BATS–2015–20. This file                       Commission (‘‘Commission’’) the
                                                  of the purposes of the Act. With respect                number should be included on the                        proposed rule change as described in
                                                  to the proposed new rebates in                          subject line if email is used. To help the              Items I and II below, which Items have
                                                  Customer Add Volume Tier 1 and                          Commission process and review your                      been prepared by the Exchange. The
                                                  Professional/Firm Step-Up Tier 1 and                    comments more efficiently, please use
                                                  Tier 2, the Exchange does not believe                                                                             17 17 CFR 200.30–3(a)(12).
                                                  that any such changes burden                              15 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C. 78s(b)(1).
                                                  competition, but instead, that they                       16 17 CFR 240.19b–4(f).                                 2 17 CFR 240.19b–4.




                                             VerDate Sep<11>2014   19:00 Mar 17, 2015   Jkt 235001   PO 00000   Frm 00124   Fmt 4703     Sfmt 4703   E:\FR\FM\18MRN1.SGM    18MRN1


                                                  14194                       Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices

                                                  Commission is publishing this notice to                 filing, upon the triggering of a Routing                 routed’’ and adding references to ‘‘a
                                                  solicit comments on the proposed rule                   Event,6 the Exchange will route away                     single price point,’’ the meaning of
                                                  change from interested persons.                         Routable Orders,7 or portions thereof,                   footnote 50 becomes clearer. The
                                                                                                          through CHXBD, LLC, which is an                          revised footnote 50 would read as
                                                  I. Self-Regulatory Organization’s
                                                  Statement of the Terms of Substance of                  affiliated routing broker that will                      follows:
                                                  the Proposed Rule Change                                operate as a facility of the Exchange,
                                                                                                          which would then forward orders to a                        Where the portion of a Routable Order
                                                     CHX proposes to clarify for                          third-party routing broker for routing to                that is to be routed at a certain price
                                                  Participants and non-Participants the                   the ultimate routing destination. All                    point is smaller than the aggregate size
                                                  Exchange’s smart versus direct routing                  orders routed to the third-party routing                 of two or more contra-side Protected
                                                  protocol.3 On September 8, 2014, the                    broker will include instructions for the                 Quotations that could be satisfied at a
                                                  Exchange filed a proposed rule change                   third-party routing broker to either                     single price point, the Exchange will
                                                  adopting, among other things, the CHX                   direct route the order to a specific                     rely on the third-party routing broker to
                                                  Routing Services, which is a Regulation                 destination or to smart route the order,                 utilize its smart-routing technology to
                                                  NMS compliant outbound order routing                    utilizing the third-party routing broker’s               route the order pursuant to a routing
                                                  service that is not yet operational (‘‘the              routing technology, pursuant to a
                                                  initial rule filing’’), with the Securities                                                                      table provided by the Exchange. Thus,
                                                                                                          routing table provided and maintained                    the relevant snapshot of the NBBO for
                                                  and Exchange Commission (the                            by the Exchange.
                                                  ‘‘Commission’’).4 The Exchange now                                                                               Regulation NMS purposes will be taken
                                                                                                             The Exchange would like to clarify                    by the third-party routing broker and the
                                                  submits this supplemental filing. The                   the smart versus direct routing protocol
                                                  Exchange has designated this proposed                                                                            third-party routing broker would route
                                                                                                          and to propose special handling of                       orders IOC and ISO. However, where
                                                  rule change as non-controversial and                    Routable Orders in relation to Protected
                                                  provided the Commission with the                                                                                 the portion of a Routable Order that is
                                                                                                          Quotations 8 displayed on the
                                                  notice required by Rule 19b–4(f)(6)(iii)                                                                         to be routed is smaller than the size of
                                                                                                          Alternative Display Facility (‘‘ADF’’)
                                                  under the Act.5                                         operated by the Financial Industry                       one Protected Quotation that could be
                                                     The text of this proposed rule change                                                                         satisfied or is the same size as the
                                                                                                          Regulatory Authority (‘‘FINRA’’).9 The
                                                  is available on the Exchange’s Web site                                                                          aggregate size of one or more contra-side
                                                                                                          Exchange does not propose to amend
                                                  at (www.chx.com) and in the                                                                                      Protected Quotations that could be
                                                                                                          any CHX Rules nor substantively
                                                  Commission’s Public Reference Room.                                                                              satisfied at a single price point, the
                                                                                                          modify the CHX Routing Services in any
                                                  II. Self-Regulatory Organization’s                      other way.                                               Exchange will direct the third-party
                                                  Statement of the Purpose of, and                           Under footnote 50 of the initial rule                 routing broker to route orders to specific
                                                  Statutory Basis for, the Proposed Rule                  filing,10 the Exchange utilized the term                 routing destinations. Thus, the relevant
                                                  Change                                                  ‘‘routed order’’ to describe smart versus                snapshot of the NBBO will be taken by
                                                     In its filing with the Commission, the               direct routing. For clarity, ‘‘routed                    the Exchange and the Exchange would
                                                  CHX included statements concerning                      order’’ describes the portion of a                       mark the directed orders IOC and ISO.
                                                  the purpose of and basis for the                        Routable Order that is to be routed to                      The Exchange also proposes to adopt
                                                  proposed rule changes and discussed                     satisfy Protected Quotations of external                 special routing handling for Protected
                                                  any comments it received on the                         markets at a single price point. Thus, by                Quotations displayed on the ADF, as an
                                                  proposed rule change. The text of these                 replacing the term ‘‘routed order’’ with                 exception to the aforementioned price
                                                  statements may be examined at the                       the more descriptive phrase ‘‘the                        point by price point determination to
                                                  places specified in Item IV below. The                  portion of a Routable Order that is to be                either smart or direct route an order.
                                                  CHX has prepared summaries, set forth                                                                            Specifically, upon the triggering of any
                                                                                                             6 CHX Article 19, Rule 3(a), which is not yet
                                                  in sections A, B and C below, of the                                                                             Routing Event based on a Protected
                                                                                                          operative, details Routing Events.
                                                  most significant aspects of such                           7 CHX Article 1, Rule 1(oo), which is not yet         Quotation displayed on the ADF, the
                                                  statements.                                             operative, defines ‘‘Routable Order’’ as ‘‘any           Exchange will route away the entire
                                                                                                          incoming limit order, as defined under Article 1,
                                                  A. Self-Regulatory Organization’s                       Rule 2(a)(1), of any size, not marked by any order
                                                                                                                                                                   remaining balance of the Routable Order
                                                  Statement of the Purpose of, and                        modifiers or related terms listed under Article 1,       for smart routing by a third-party
                                                  Statutory Basis for, the Proposed Rule                  Rule 2 that prohibit the routing of the order to         routing broker. The Exchange submits
                                                  Change                                                  another Trading Center.’’                                that this special handling is the most
                                                                                                             8 See 17 CFR 242.600(b)(58).
                                                                                                                                                                   efficient way for the Exchange to meet
                                                  1. Purpose                                                 9 See FINRA Rule 6210.
                                                                                                             10 Footnote 50 of the initial rule filing provides:   its Regulation NMS obligations
                                                     The Exchange proposes to clarify for                                                                          regarding Protected Quotation(s)
                                                                                                             Where the routed order is smaller than the
                                                  Participants and non-Participants the                   aggregate size of two or more contra-side Protected      displayed on the ADF and is consistent
                                                  Exchange’s smart versus direct routing                  Quotations that could be satisfied, the Exchange         with the routing-related rules adopted
                                                  protocol related to the CHX Routing                     will rely on the third-party routing broker to utilize
                                                                                                                                                                   pursuant to the initial rule filing.11
                                                  Services. As described in the initial rule              its smart-routing technology to route the order
                                                                                                          pursuant to a routing table provided by the              Unexecuted remainders of smart routed
                                                    3 CHX Article 1, Rule 1(s) defines ‘‘Participant,’’
                                                                                                          Exchange. Thus, the relevant snapshot of the NBBO        orders returned to the Matching System
                                                                                                          for Regulation NMS purposes will be taken by the         from the third-party routing broker will
                                                  in pertinent part, as ‘‘any Participant Firm that       third-party routing broker and the third-party
                                                  holds a valid Trading Permit and any person             routing broker would route orders IOC and ISO.           be handled pursuant to Article 20, Rule
                                                  associated with a Participant Firm who is registered    However, where the routed order is smaller than the      8(b)(7), as described under the initial
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                                                  with the Exchange under Articles 16 and 17 as a         size of one Protected Quotation that could be
                                                  Market Maker Trader or Institutional Broker
                                                                                                                                                                   rule filing.12
                                                                                                          satisfied or is the same size as the aggregate size of
                                                  Representative, respectively. A Participant shall be    one or more contra-side Protected Quotations that
                                                  considered a ‘member’ of the Exchange for purposes      could be satisfied, the Exchange will direct the           11 In the event the Exchange decides to modify its
                                                  of the Exchange Act.’’                                  third-party routing broker to route orders to specific   smart versus direct routing protocol, the Exchange
                                                    4 See Exchange Act Release No. 73150 (September                                                                will submit a proposed rule filing to that effect,
                                                                                                          routing destinations. Thus, the relevant snapshot of
                                                  19, 2014), 79 FR 57603 (September 25, 2014) (SR–        the NBBO will be taken by the Exchange and the           pursuant to Rule 19b–4 under the Act.
                                                  CHX–2014–15).                                           Exchange would mark the directed orders IOC and            12 See CHX Article 20, Rule 8(b)(7), which is not
                                                    5 17 CFR 240.19b–4(f)(6)(iii).                        ISO. See supra note 4.                                   yet operative.



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                                                                               Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices                                                      14195

                                                  2. Statutory Basis                                       III. Date of Effectiveness of the                         including whether the proposal is
                                                                                                           Proposed Rule Change and Timing for                       consistent with the Act. Comments may
                                                     The Exchange believes that the                        Commission Action                                         be submitted by any of the following
                                                  proposed clarification of the smart                                                                                methods:
                                                                                                              The foregoing rule change has been
                                                  versus direct routing protocol described
                                                                                                           filed by the Exchange as a ‘‘non-                         Electronic Comments
                                                  in the initial rule filing and special
                                                                                                           controversial’’ rule change pursuant to
                                                  handling of the Protected Quotations                     Section 19(b)(3)(A)(i) of the Act 16 and                    • Use the Commission’s Internet
                                                  displayed on the ADF is consistent with                  Rule 19b–4(f)(6).17 Because the                           comment form (http://www.sec.gov/
                                                  Section 6(b) of the Act in general 13 and                foregoing proposed rule change does                       rules/sro.shtml); or
                                                  furthers the objectives of Sections                      not: (i) Significantly affect the                           • Send an email to rule-comments@
                                                  6(b)(1) 14 and 6(b)(5) in particular.15                  protection of investors or the public                     sec.gov. Please include File No. SR–
                                                  Specifically, the Exchange believes that                 interest; (ii) impose any significant                     CHX–2015–02 on the subject line.
                                                  the proposed filing would further enable                 burden on competition; and (iii) become
                                                  the Exchange to be so organized as to                    operative for 30 days from the date on                    Paper Comments
                                                  have the capacity to be able to carry out                which it was filed, or such shorter time
                                                  the purposes of the Act and to comply,                   as the Commission may designate, it has                     • Send paper comments in triplicate
                                                  and to enforce compliance by its                         become effective pursuant to Section                      to Brent J. Fields, Secretary, Securities
                                                                                                           19(b)(3)(A) of the Act 18 and Rule 19b–                   and Exchange Commission, 100 F Street
                                                  Participants and persons associated
                                                                                                           4(f)(6).19                                                NE., Washington, DC 20549.
                                                  with its Participants, with the
                                                  provisions of the Act, the rules and                        A proposed rule change filed under                     All submissions should refer to File No.
                                                  regulations thereunder, and the rules of                 Rule 19b–4(f)(6) normally does not                        SR–CHX–2015–02. This file number
                                                  the Exchange, by clarifying the smart                    become operative prior to 30 days after                   should be included on the subject line
                                                                                                           the date of the filing. However, pursuant                 if email is used. To help the
                                                  versus direct routing protocol for the
                                                                                                           to Rule 19b–4(f)(6)(iii), the Commission                  Commission process and review your
                                                  benefit of Participants and non-
                                                                                                           may designate a shorter time if such                      comments more efficiently, please use
                                                  Participants, in furtherance of the                      action is consistent with the protection
                                                  objectives of Section 6(b)(1). For similar                                                                         only one method. The Commission will
                                                                                                           of investors and the public interest. The                 post all comments on the Commission’s
                                                  reasons, the Exchange believes that the                  Exchange asserts that waiver of this
                                                  proposal is also designed to prevent                                                                               Internet Web site (http://www.sec.gov/
                                                                                                           requirement would allow the Exchange                      rules/sro.shtml). Copies of the
                                                  fraudulent and manipulative acts and                     to clarify its initial rule filing prior to
                                                  practices, to promote just and equitable                                                                           submission, all subsequent
                                                                                                           the CHX Routing Services becoming                         amendments, all written statements
                                                  principles of trade, to foster cooperation               operational, and notes that the Exchange                  with respect to the proposed rule
                                                  and coordination with persons engaged                    provides these services in a highly                       change that are filed with the
                                                  in facilitating transaction in securities,               competitive market in which market                        Commission, and all written
                                                  to remove impediments to, and perfect                    participants may avail themselves of a                    communications relating to the
                                                  the mechanisms of, a free and open                       wide variety of options offered by self-                  proposed rule changes between the
                                                  market and, in general, by protecting                    regulatory organizations, alternative
                                                                                                                                                                     Commission and any person, other than
                                                  investors and the public interest, in                    trading systems and other broker-
                                                                                                                                                                     those that may be withheld from the
                                                  furtherance of the objectives of Section                 dealers. The Commission believes that
                                                                                                                                                                     public in accordance with the
                                                  6(b)(5).                                                 waiving the 30-day operative delay is
                                                                                                                                                                     provisions of 5 U.S.C. 552, will be
                                                                                                           consistent with the protection of
                                                  B. Self-Regulatory Organization’s                                                                                  available for Web site viewing and
                                                                                                           investors and the public interest
                                                  Statement on Burden on Competition                                                                                 printing in the Commission’s Public
                                                                                                           because it will allow the Exchange to
                                                                                                                                                                     Reference Room, 100 F Street NE.,
                                                                                                           clarify its rules in a timely manner and
                                                    The Exchange does not believe that                                                                               Washington, DC 20549 on official
                                                                                                           thereby avoid potential confusion.
                                                  the proposed rule change will impose                                                                               business days between the hours of
                                                                                                           Therefore, the Commission hereby
                                                  any burden on competition that is not                                                                              10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                           waives the 30-day operative delay and
                                                  necessary or appropriate in furtherance                                                                            filing also will be available for
                                                                                                           designates the proposed rule change to
                                                  of the purposes of the Act. Given that                                                                             inspection and copying at the principal
                                                                                                           be operative upon filing with the
                                                  the proposed changes promote clarity as                                                                            office of the CHX. All comments
                                                                                                           Commission.20
                                                  to existing rules and does not amend                                                                               received will be posted without change;
                                                                                                           IV. Solicitation of Comments                              the Commission does not edit personal
                                                  any rules, the Exchange believes that
                                                                                                             Interested persons are invited to                       identifying information from
                                                  any burden on competition is necessary
                                                                                                           submit written data, views and                            submissions. You should submit only
                                                  and appropriate as clarity of the
                                                                                                           arguments concerning the foregoing,                       information that you wish to make
                                                  Exchange’s rules further the purposes of                                                                           available publicly. All submissions
                                                  the Act.                                                                                                           should refer to File No. SR–CHX–2015–
                                                                                                             16 15  U.S.C. 78s(b)(3)(A)(i).
                                                  C. Self-Regulatory Organization’s                          17 17  CFR 240.19b–4(f)(6).                             02 and should be submitted on or before
                                                  Statement on Comments on the                               18 15 U.S.C. 78s(b)(3)(a)(ii).                          April 8, 2015.
                                                                                                             19 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                  Proposed Rule Change Received From                                                                                   For the Commission, by the Division of
                                                                                                           4(f)(6) requires a self-regulatory organization to give
                                                  Members, Participants, or Others                         the Commission written notice of its intent to file       Trading and Markets, pursuant to delegated
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                                                                                                           the proposed rule change at least five business days      authority.21
                                                    No written comments were either                        prior to the date of filing of the proposed rule          Brent J. Fields,
                                                  solicited or received.                                   change, or such shorter time as designated by the
                                                                                                                                                                     Secretary.
                                                                                                           Commission. The Exchange has satisfied this
                                                                                                           requirement.                                              [FR Doc. 2015–06091 Filed 3–17–15; 8:45 am]
                                                                                                             20 For purposes only of waiving the 30-day
                                                    13 15 U.S.C. 78f(b).                                                                                             BILLING CODE 8011–01–P
                                                                                                           operative delay, the Commission has considered the
                                                    14 15 U.S.C. 78f(b)(1).
                                                                                                           proposed rule’s impact on efficiency, competition,
                                                    15 15 U.S.C. 78f(b)(5).                                and capital formation. See 15 U.S.C. 78c(f).                21 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-21 09:39:28
Document Modified: 2018-02-21 09:39:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 14193 

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