80_FR_16534 80 FR 16475 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt New Rule 21.17, Exchange Sharing of User Designated Risk Settings

80 FR 16475 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt New Rule 21.17, Exchange Sharing of User Designated Risk Settings

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 59 (March 27, 2015)

Page Range16475-16477
FR Document2015-06994

Federal Register, Volume 80 Issue 59 (Friday, March 27, 2015)
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16475-16477]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06994]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74565; File No. SR-BATS-2015-22]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt 
New Rule 21.17, Exchange Sharing of User Designated Risk Settings

March 23, 2015.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on March 13, 2015, BATS Exchange, Inc. (the ``Exchange'' or 
``BATS'') 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 Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. 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\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to authorize the BATS Options Market 
(``BATS Options'') to share a User's \5\ risk settings with the 
Clearing Member \6\ that clears transactions on behalf of the User.
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    \5\ A User is defined as ``any Options member or Sponsored 
Participant who is authorized to obtain access to the System 
pursuant to Rule 11.3 (Access).'' See Exchange Rule 16.1(a)(63).
    \6\ A Clearing Member is defined as ``an Options Member that is 
self-clearing or an Options Member that clears BATS Options 
Transactions for other Members of BATS Options.'' See Exchange Rule 
16.1(a)(15).
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.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 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange 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 Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant parts 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 is proposing to adopt new Rule 21.17, Exchange Sharing 
of User Designated Risk Settings, in order to authorize the Exchange to 
share any of a User's risk settings with the Clearing Member that 
clears transactions on behalf of the User.
    Under BATS Rule 17.2(b), Options Members \7\ must be Clearing 
Members or establish a clearing arrangement with a Clearing Member. 
Rule 21.13(a) provides that every Clearing Member is responsible for 
the clearance of BATS Options Transactions \8\ of such Clearing Member 
and of each User that gives up such Clearing Member's name pursuant to 
a letter of authorization, letter of guarantee, or other authorization 
given by such Clearing Member to such User, which authorization must be 
submitted to the Exchange. Further, no Options Member may make any 
transactions on the Exchange unless a letter of guarantee providing 
that the issuing Clearing Member accepts financial responsibilities for 
all BATS Options Transactions made by the Options Member (a ``Letter of 
Guarantee'') has been issued for such Options Member by a Clearing 
Member and filed with the Exchange.
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    \7\ An Options Member is defined as ``a firm, or organization 
that is registered with the Exchange pursuant to Chapter XVII of 
these Rules for purposes of participating in options trading on BATS 
Options as an `Options Order Entry Firm' or `Options Market Maker.' 
'' See Exchange Rule 16.1(a)(38).
    \8\ A BATS Options Transactions is defined as ``a transaction 
involving an options contract that is effected on or through BATS 
Options or its facilities or systems.'' See Exchange Rule 
16.1(a)(11).
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    Thus, while not all Options Members are Clearing Members, all 
Options

[[Page 16476]]

Members require a Clearing Member's consent to clear transactions on 
their behalf (or on behalf of any Sponsored Participants \9\ for which 
the Options Member is a Sponsoring Member \10\) in order to conduct 
business on the Exchange. Each Options Member that transacts through a 
Clearing Member on the Exchange executes a Letter of Guarantee which 
codifies the relationship between the Options Member and the Clearing 
Member and provides the Exchange with notice of which Clearing Members 
have relationships with which Options Members. The Clearing Member that 
guarantees the Options Member's transactions on the Exchange has a 
financial interest in understanding the risk tolerance of the Options 
Member. The proposal would provide the Exchange with authority to 
directly provide Clearing Members with information that may otherwise 
be available to such Clearing Members by virtue of their relationship 
with the respective Users.
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    \9\ A Sponsored Participant is defined as ``a person which has 
entered into a sponsorship arrangement with a Sponsoring Member 
pursuant to Rule 11.3. See Exchange Rule 1.5(x).
    \10\ A Sponsoring Member is defined as ``a broker-dealer that 
has been issued a membership by the Exchange who has been designated 
by a Sponsored Participant to execute, clear and settle transactions 
resulting from the System. The Sponsoring Member shall be either (i) 
a clearing firm with membership in a clearing agency registered with 
the Commission that maintains facilities through which transactions 
may be cleared or (ii) a correspondent firm with a clearing 
arrangement with any such clearing firm.'' See Exchange Rule 1.5(y).
---------------------------------------------------------------------------

    At this time, the risk settings covered by this proposal are set 
forth in Rule 21.16, entitled Risk Monitor Mechanism.\11\ The Exchange 
may adopt additional rules providing for Options Member designated risk 
settings other than those provided in Rule 21.16 that could be shared 
with an Options Member's Clearing Member under the proposal and the 
Exchange would announce these additional risk settings by issuing a 
Trade Desk Notice.
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    \11\ See Exchange Rule 21.16.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with the 
requirements of the Act and the rules and regulations thereunder that 
are applicable to a national securities exchange, and, in particular, 
with the requirements of section 6(b) of the Act.\12\ In particular, 
the proposal is consistent with section 6(b)(5) of the Act \13\ because 
it is 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 
transactions in securities, 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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed rule change will allow the Exchange to directly 
provide an Options Member's designated risk settings to the Clearing 
Member that clears trades on behalf of the Options Member. Because a 
Clearing Member that executes a clearing Letter of Guarantee on behalf 
of an Options Member guarantees all transactions of that Options 
Member, and therefore bears the risk associated with those 
transactions, it is appropriate for the Clearing Member to have 
knowledge of what risk settings the Options Member may utilize within 
the Trading System.\14\ The proposal will permit Clearing Members who 
have a financial interest in the risk settings of Options Members with 
whom the Clearing Participant has entered into a Letter of Guarantee to 
better monitor and manage the potential risks assumed by Clearing 
Members, thereby providing Clearing Members with greater control and 
flexibility over setting their own risk tolerance and exposure and 
aiding Clearing Members in complying with the Act. To the extent a 
Clearing Member might reasonably require an Options Member to provide 
access to its risk setting as a prerequisite to continuing to clear 
trades on the Options Member's behalf, the Exchange's proposal to share 
those risk settings directly reduces the administrative burden on 
Options Members and ensures that Clearing Members are receiving 
information that is up to date and conforms to the settings active in 
the Trading System.
---------------------------------------------------------------------------

    \14\ Trading System is defined as ``the automated trading system 
used by BATS Options for the trading of options contracts.'' See 
Exchange Rule 16.1(a)(59).
---------------------------------------------------------------------------

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. The proposed rule change is 
not designed to address any competitive issues and does not pose an 
undue burden on non-Clearing Members because, unlike Clearing Members, 
non-Clearing Members do not guarantee the execution of an Options 
Member's transactions on the Exchange. The proposal is structured to 
offer the same enhancement to all Clearing Members, regardless of size, 
and would not impose a competitive burden on any Options Member. Any 
Options Member that does not wish to share its designated risk settings 
with its Clearing Member could avoid sharing such settings by becoming 
a Clearing Member.

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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any written comments from members or other interested parties.

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 \15\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\16\ 
Consequently, 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 \17\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\18\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(i).
    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \19\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\20\ the Commission 
may 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 the Exchange may 
allow Clearing Members to immediately monitor and manage the potential 
risks assumed by Options Members. The

[[Page 16477]]

Exchange notes that this functionality is already available on other 
exchanges. 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's Clearing Members to 
monitor and manage potential risks in a timely manner. Therefore, the 
Commission hereby waives the 30-day operative delay and designates the 
proposed rule change to be operative upon filing with the 
Commission.\21\
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    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
    \21\ For purposes only of waiving the operative delay for this 
proposal, the Commission has 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 may summarily temporarily suspend such rule 
change if it appears to the Commission that such action is: (1) 
Necessary or appropriate in the public interest; (2) for the protection 
of investors; or (3) otherwise in furtherance of the purposes of the 
Act. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.

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 Number SR-BATS-2015-22 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-BATS-2015-22. 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 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 Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BATS-2015-22 and should be 
submitted on or before April 17, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-06994 Filed 3-26-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices                                                    16475

                                                  IV. Solicitation of Comments                                For the Commission, by the Division of              the Commission’s Public Reference
                                                                                                            Trading and Markets, pursuant to delegated            Room.
                                                    Interested persons are invited to                       authority.16
                                                  submit written data, views, and                           Brent J. Fields,                                      II. Self-Regulatory Organization’s
                                                  arguments concerning the foregoing,                       Secretary.
                                                                                                                                                                  Statement of the Purpose of, and
                                                  including whether the proposed rule                                                                             Statutory Basis for, the Proposed Rule
                                                                                                            [FR Doc. 2015–06992 Filed 3–26–15; 8:45 am]
                                                  change is consistent with the Act.                                                                              Change
                                                                                                            BILLING CODE 8011–01–P
                                                  Comments may be submitted by any of                                                                               In its filing with the Commission, the
                                                  the following methods:                                                                                          Exchange included statements
                                                  Electronic Comments                                       SECURITIES AND EXCHANGE                               concerning the purpose of and basis for
                                                                                                            COMMISSION                                            the proposed rule change and discussed
                                                    • Use the Commission’s Internet                                                                               any comments it received on the
                                                  comment form (http://www.sec.gov/                         [Release No. 34–74565; File No. SR–BATS–              proposed rule change. The text of these
                                                  rules/sro.shtml); or                                      2015–22]                                              statements may be examined at the
                                                    • Send an email to rule-comments@                                                                             places specified in Item IV below. The
                                                                                                            Self-Regulatory Organizations; BATS
                                                  sec.gov. Please include File Number SR–                                                                         Exchange has prepared summaries, set
                                                                                                            Exchange, Inc.; Notice of Filing and
                                                  ICC–2015–004 on the subject line.                                                                               forth in sections A, B, and C below, of
                                                                                                            Immediate Effectiveness of a Proposed
                                                                                                                                                                  the most significant parts of such
                                                  Paper Comments                                            Rule Change To Adopt New Rule 21.17,
                                                                                                                                                                  statements.
                                                                                                            Exchange Sharing of User Designated
                                                    • Send paper comments in triplicate                     Risk Settings                                         A. Self-Regulatory Organization’s
                                                  to Secretary, Securities and Exchange                                                                           Statement of the Purpose of, and
                                                  Commission, 100 F Street NE.,                             March 23, 2015.                                       Statutory Basis for, the Proposed Rule
                                                  Washington, DC 20549–1090.                                   Pursuant to section 19(b)(1) of the                Change
                                                                                                            Securities Exchange Act of 1934 (the
                                                  All submissions should refer to File                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2                1. Purpose
                                                  Number SR–ICC–2015–004. This file                         notice is hereby given that on March 13,                 The Exchange is proposing to adopt
                                                  number should be included on the                          2015, BATS Exchange, Inc. (the                        new Rule 21.17, Exchange Sharing of
                                                  subject line if email is used. To help the                ‘‘Exchange’’ or ‘‘BATS’’) filed with the              User Designated Risk Settings, in order
                                                  Commission process and review your                        Securities and Exchange Commission                    to authorize the Exchange to share any
                                                  comments more efficiently, please use                     (‘‘Commission’’) the proposed rule                    of a User’s risk settings with the
                                                  only one method. The Commission will                      change as described in Items I and II                 Clearing Member that clears
                                                  post all comments on the Commission’s                     below, which Items have been prepared                 transactions on behalf of the User.
                                                  Internet Web site (http://www.sec.gov/                    by the Exchange. The Exchange has                        Under BATS Rule 17.2(b), Options
                                                  rules/sro.shtml). Copies of the                           designated this proposal as a ‘‘non-                  Members 7 must be Clearing Members or
                                                  submission, all subsequent                                controversial’’ proposed rule change                  establish a clearing arrangement with a
                                                  amendments, all written statements                        pursuant to section 19(b)(3)(A) of the                Clearing Member. Rule 21.13(a)
                                                  with respect to the proposed rule                         Act 3 and Rule 19b–4(f)(6)(iii)                       provides that every Clearing Member is
                                                  change that are filed with the                            thereunder,4 which renders it effective               responsible for the clearance of BATS
                                                  Commission, and all written                               upon filing with the Commission. The                  Options Transactions 8 of such Clearing
                                                  communications relating to the                            Commission is publishing this notice to               Member and of each User that gives up
                                                  proposed rule change between the                          solicit comments on the proposed rule                 such Clearing Member’s name pursuant
                                                  Commission and any person, other than                     change from interested persons.                       to a letter of authorization, letter of
                                                  those that may be withheld from the                                                                             guarantee, or other authorization given
                                                  public in accordance with the                             I. Self-Regulatory Organization’s
                                                                                                            Statement of the Terms of Substance of                by such Clearing Member to such User,
                                                  provisions of 5 U.S.C. 552, will be                                                                             which authorization must be submitted
                                                  available for Web site viewing and                        the Proposed Rule Change
                                                                                                                                                                  to the Exchange. Further, no Options
                                                  printing in the Commission’s Public                          The Exchange filed a proposal to                   Member may make any transactions on
                                                  Reference Room, 100 F Street NE.,                         authorize the BATS Options Market                     the Exchange unless a letter of guarantee
                                                  Washington, DC 20549, on official                         (‘‘BATS Options’’) to share a User’s 5                providing that the issuing Clearing
                                                  business days between the hours of                        risk settings with the Clearing Member 6              Member accepts financial
                                                  10:00 a.m. and 3:00 p.m. Copies of such                   that clears transactions on behalf of the             responsibilities for all BATS Options
                                                  filings will also be available for                        User.                                                 Transactions made by the Options
                                                  inspection and copying at the principal                      The text of the proposed rule change               Member (a ‘‘Letter of Guarantee’’) has
                                                  office of ICE Clear Credit and on ICE                     is available at the Exchange’s Web site               been issued for such Options Member
                                                  Clear Credit’s Web site at https://                       at www.batstrading.com, at the                        by a Clearing Member and filed with the
                                                  www.theice.com/clear-credit/regulation.                   principal office of the Exchange, and at              Exchange.
                                                     All comments received will be posted                                                                            Thus, while not all Options Members
                                                  without change; the Commission does                         1 15 U.S.C. 78s(b)(1).                              are Clearing Members, all Options
                                                  not edit personal identifying                               2 17 CFR 240.19b–4.
                                                                                                              3 15 U.S.C. 78s(b)(3)(A).
                                                  information from submissions. You                                                                                  7 An Options Member is defined as ‘‘a firm, or
                                                                                                              4 17 CFR 240.19b–4(f)(6)(iii).
                                                  should submit only information that                                                                             organization that is registered with the Exchange
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                              5 A User is defined as ‘‘any Options member or      pursuant to Chapter XVII of these Rules for
                                                  you wish to make available publicly. All                  Sponsored Participant who is authorized to obtain     purposes of participating in options trading on
                                                  submissions should refer to File                          access to the System pursuant to Rule 11.3            BATS Options as an ‘Options Order Entry Firm’ or
                                                  Number SR–ICC–2015–004 and should                         (Access).’’ See Exchange Rule 16.1(a)(63).            ‘Options Market Maker.’ ’’ See Exchange Rule
                                                  be submitted on or before April 17,                         6 A Clearing Member is defined as ‘‘an Options      16.1(a)(38).
                                                  2015.                                                     Member that is self-clearing or an Options Member        8 A BATS Options Transactions is defined as ‘‘a

                                                                                                            that clears BATS Options Transactions for other       transaction involving an options contract that is
                                                                                                            Members of BATS Options.’’ See Exchange Rule          effected on or through BATS Options or its facilities
                                                    16 17   CFR 200.30–3(a)(12).                            16.1(a)(15).                                          or systems.’’ See Exchange Rule 16.1(a)(11).



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                                                  16476                           Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices

                                                  Members require a Clearing Member’s                     principles of trade, to foster cooperation            structured to offer the same
                                                  consent to clear transactions on their                  and coordination with persons engaged                 enhancement to all Clearing Members,
                                                  behalf (or on behalf of any Sponsored                   in facilitating transactions in securities,           regardless of size, and would not
                                                  Participants 9 for which the Options                    to remove impediments to, and perfect                 impose a competitive burden on any
                                                  Member is a Sponsoring Member 10) in                    the mechanism of, a free and open                     Options Member. Any Options Member
                                                  order to conduct business on the                        market and a national market system                   that does not wish to share its
                                                  Exchange. Each Options Member that                      and, in general, to protect investors and             designated risk settings with its Clearing
                                                  transacts through a Clearing Member on                  the public interest.                                  Member could avoid sharing such
                                                  the Exchange executes a Letter of                          The proposed rule change will allow                settings by becoming a Clearing
                                                  Guarantee which codifies the                            the Exchange to directly provide an                   Member.
                                                  relationship between the Options                        Options Member’s designated risk                      C. Self-Regulatory Organization’s
                                                  Member and the Clearing Member and                      settings to the Clearing Member that                  Statement on Comments on the
                                                  provides the Exchange with notice of                    clears trades on behalf of the Options                Proposed Rule Change Received From
                                                  which Clearing Members have                             Member. Because a Clearing Member                     Members, Participants or Others
                                                  relationships with which Options                        that executes a clearing Letter of
                                                  Members. The Clearing Member that                       Guarantee on behalf of an Options                       The Exchange has not solicited, and
                                                  guarantees the Options Member’s                         Member guarantees all transactions of                 does not intend to solicit, comments on
                                                  transactions on the Exchange has a                      that Options Member, and therefore                    this proposed rule change. The
                                                  financial interest in understanding the                 bears the risk associated with those                  Exchange has not received any written
                                                  risk tolerance of the Options Member.                   transactions, it is appropriate for the               comments from members or other
                                                  The proposal would provide the                          Clearing Member to have knowledge of                  interested parties.
                                                  Exchange with authority to directly                     what risk settings the Options Member                 III. Date of Effectiveness of the
                                                  provide Clearing Members with                           may utilize within the Trading                        Proposed Rule Change and Timing for
                                                  information that may otherwise be                       System.14 The proposal will permit                    Commission Action
                                                  available to such Clearing Members by                   Clearing Members who have a financial
                                                  virtue of their relationship with the                                                                            The foregoing rule change has been
                                                                                                          interest in the risk settings of Options              filed by the Exchange as a ‘‘non-
                                                  respective Users.                                       Members with whom the Clearing
                                                     At this time, the risk settings covered                                                                    controversial’’ rule change pursuant to
                                                                                                          Participant has entered into a Letter of              section 19(b)(3)(A)(i) of the Act 15 and
                                                  by this proposal are set forth in Rule                  Guarantee to better monitor and manage
                                                  21.16, entitled Risk Monitor                                                                                  subparagraph (f)(6) of Rule 19b–4
                                                                                                          the potential risks assumed by Clearing               thereunder.16 Consequently, because the
                                                  Mechanism.11 The Exchange may adopt                     Members, thereby providing Clearing
                                                  additional rules providing for Options                                                                        foregoing proposed rule change does
                                                                                                          Members with greater control and                      not: (i) Significantly affect the
                                                  Member designated risk settings other                   flexibility over setting their own risk
                                                  than those provided in Rule 21.16 that                                                                        protection of investors or the public
                                                                                                          tolerance and exposure and aiding                     interest; (ii) impose any significant
                                                  could be shared with an Options                         Clearing Members in complying with
                                                  Member’s Clearing Member under the                                                                            burden on competition; and (iii) become
                                                                                                          the Act. To the extent a Clearing                     operative for 30 days from the date on
                                                  proposal and the Exchange would                         Member might reasonably require an
                                                  announce these additional risk settings                                                                       which it was filed, or such shorter time
                                                                                                          Options Member to provide access to its               as the Commission may designate, it has
                                                  by issuing a Trade Desk Notice.                         risk setting as a prerequisite to                     become effective pursuant to section
                                                  2. Statutory Basis                                      continuing to clear trades on the                     19(b)(3)(A) of the Act 17 and
                                                     The Exchange believes that its                       Options Member’s behalf, the                          subparagraph (f)(6) of Rule 19b–4
                                                  proposal is consistent with the                         Exchange’s proposal to share those risk               thereunder.18
                                                  requirements of the Act and the rules                   settings directly reduces the                            A proposed rule change filed under
                                                  and regulations thereunder that are                     administrative burden on Options                      Rule 19b–4(f)(6) 19 normally does not
                                                  applicable to a national securities                     Members and ensures that Clearing                     become operative prior to 30 days after
                                                  exchange, and, in particular, with the                  Members are receiving information that                the date of the filing. However, pursuant
                                                  requirements of section 6(b) of the                     is up to date and conforms to the                     to Rule 19b–4(f)(6)(iii),20 the
                                                  Act.12 In particular, the proposal is                   settings active in the Trading System.                Commission may designate a shorter
                                                  consistent with section 6(b)(5) of the                  B. Self-Regulatory Organization’s                     time if such action is consistent with the
                                                  Act 13 because it is designed to prevent                Statement on Burden on Competition                    protection of investors and the public
                                                  fraudulent and manipulative acts and                                                                          interest. The Exchange has asked the
                                                  practices, to promote just and equitable                  The Exchange does not believe that                  Commission to waive the 30-day
                                                                                                          the proposed rule change will impose                  operative delay so the Exchange may
                                                    9 A Sponsored Participant is defined as ‘‘a person    any burden on competition that is not                 allow Clearing Members to immediately
                                                  which has entered into a sponsorship arrangement        necessary or appropriate in furtherance               monitor and manage the potential risks
                                                  with a Sponsoring Member pursuant to Rule 11.3.         of the purposes of the Act. The                       assumed by Options Members. The
                                                  See Exchange Rule 1.5(x).                               proposed rule change is not designed to
                                                    10 A Sponsoring Member is defined as ‘‘a broker-

                                                  dealer that has been issued a membership by the
                                                                                                          address any competitive issues and does                 15 15  U.S.C. 78s(b)(3)(A)(i).
                                                  Exchange who has been designated by a Sponsored         not pose an undue burden on non-                        16 17  CFR 240.19b–4(f)(6).
                                                  Participant to execute, clear and settle transactions   Clearing Members because, unlike                        17 15 U.S.C. 78s(b)(3)(A).

                                                  resulting from the System. The Sponsoring Member        Clearing Members, non-Clearing                          18 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
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                                                  shall be either (i) a clearing firm with membership                                                           4(f)(6) requires a self-regulatory organization to give
                                                  in a clearing agency registered with the Commission
                                                                                                          Members do not guarantee the execution
                                                                                                                                                                the Commission written notice of its intent to file
                                                  that maintains facilities through which transactions    of an Options Member’s transactions on                the proposed rule change at least five business days
                                                  may be cleared or (ii) a correspondent firm with a      the Exchange. The proposal is                         prior to the date of filing of the proposed rule
                                                  clearing arrangement with any such clearing firm.’’                                                           change, or such shorter time as designated by the
                                                  See Exchange Rule 1.5(y).                                  14 Trading System is defined as ‘‘the automated    Commission. The Exchange has satisfied this
                                                    11 See Exchange Rule 21.16.                                                                                 requirement.
                                                                                                          trading system used by BATS Options for the
                                                    12 15 U.S.C. 78f(b).                                                                                          19 17 CFR 240.19b–4(f)(6).
                                                                                                          trading of options contracts.’’ See Exchange Rule
                                                    13 15 U.S.C. 78f(b)(5).                               16.1(a)(59).                                            20 17 CFR 240.19b–4(f)(6)(iii).




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                                                                                  Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices                                                    16477

                                                  Exchange notes that this functionality is               communications relating to the                        I. Self-Regulatory Organization’s
                                                  already available on other exchanges.                   proposed rule change between the                      Statement of the Terms of Substance of
                                                  The Commission believes that waiving                    Commission and any person, other than                 the Proposed Rule Change
                                                  the 30-day operative delay is consistent                those that may be withheld from the                      The Exchange proposes to list and
                                                  with the protection of investors and the                public in accordance with the                         trade shares of the following under
                                                  public interest because it will allow the               provisions of 5 U.S.C. 552, will be                   NYSE Arca Equities Rule 8.600
                                                  Exchange’s Clearing Members to                          available for Web site viewing and                    (‘‘Managed Fund Shares’’): Principal
                                                  monitor and manage potential risks in a                 printing in the Commission’s Public                   EDGE Active Income ETF. The text of
                                                  timely manner. Therefore, the                           Reference Room, 100 F Street NE.,                     the proposed rule change is available on
                                                  Commission hereby waives the 30-day                     Washington, DC 20549, on official                     the Exchange’s Web site at
                                                  operative delay and designates the                      business days between the hours of                    www.nyse.com, at the principal office of
                                                  proposed rule change to be operative                    10:00 a.m. and 3:00 p.m. Copies of such               the Exchange, and at the Commission’s
                                                  upon filing with the Commission.21                      filing will also be available for                     Public Reference Room.
                                                     At any time within 60 days of the                    inspection and copying at the principal
                                                  filing of the proposed rule change, the                 office of the Exchange. All comments                  II. Self-Regulatory Organization’s
                                                  Commission may summarily                                                                                      Statement of the Purpose of, and
                                                                                                          received will be posted without change;
                                                  temporarily suspend such rule change if                                                                       Statutory Basis for, the Proposed Rule
                                                                                                          the Commission does not edit personal
                                                  it appears to the Commission that such                                                                        Change
                                                                                                          identifying information from
                                                  action is: (1) Necessary or appropriate in              submissions. You should submit only                      In its filing with the Commission, the
                                                  the public interest; (2) for the protection             information that you wish to make                     self-regulatory organization included
                                                  of investors; or (3) otherwise in                       available publicly. All submissions                   statements concerning the purpose of,
                                                  furtherance of the purposes of the Act.                 should refer to File Number SR–BATS–                  and basis for, the proposed rule change
                                                  If the Commission takes such action, the                2015–22 and should be submitted on or                 and discussed any comments it received
                                                  Commission shall institute proceedings                  before April 17, 2015.                                on the proposed rule change. The text
                                                  to determine whether the proposed rule                                                                        of those statements may be examined at
                                                  should be approved or disapproved.                        For the Commission, by the Division of              the places specified in Item IV below.
                                                                                                          Trading and Markets, pursuant to delegated            The Exchange has prepared summaries,
                                                  IV. Solicitation of Comments                            authority.22                                          set forth in sections A, B, and C below,
                                                    Interested persons are invited to                     Brent J. Fields,                                      of the most significant parts of such
                                                  submit written data, views, and                         Secretary.                                            statements.
                                                  arguments concerning the foregoing,                     [FR Doc. 2015–06994 Filed 3–26–15; 8:45 am]
                                                  including whether the proposal is                                                                             A. Self-Regulatory Organization’s
                                                  consistent with the Act. Comments may                   BILLING CODE 8011–01–P                                Statement of the Purpose of, and the
                                                  be submitted by any of the following                                                                          Statutory Basis for, the Proposed Rule
                                                  methods:                                                                                                      Change
                                                                                                          SECURITIES AND EXCHANGE
                                                  Electronic Comments                                     COMMISSION                                            1. Purpose
                                                    • Use the Commission’s Internet                                                                                The Exchange proposes to list and
                                                  comment form (http://www.sec.gov/                       [Release No. 34–74562; File No. SR–                   trade shares (‘‘Shares’’) of the following
                                                  rules/sro.shtml); or                                    NYSEArca–2015–15]                                     under NYSE Arca Equities Rule 8.600,
                                                    • Send an email to rule-comments@                                                                           which governs the listing and trading of
                                                  sec.gov. Please include File Number SR–                 Self-Regulatory Organizations; NYSE                   Managed Fund Shares 4 on the
                                                  BATS–2015–22 on the subject line.                       Arca, Inc.; Notice of Filing of Proposed              Exchange: 5 Principal EDGE Active
                                                                                                          Rule Change Relating to Listing and                   Income ETF (the ‘‘Fund’’).
                                                  Paper Comments
                                                                                                          Trading of Shares of Principal EDGE
                                                    • Send paper comments in triplicate                   Active Income ETF Under NYSE Arca
                                                                                                                                                                   4 A Managed Fund Share is a security that

                                                  to Secretary, Securities and Exchange                                                                         represents an interest in an investment company
                                                                                                          Equities Rule 8.600                                   registered under the Investment Company Act of
                                                  Commission, 100 F Street NE.,                                                                                 1940 (15 U.S.C. 80a–1) (‘‘1940 Act’’) organized as
                                                  Washington, DC 20549–1090.                              March 23, 2015.                                       an open-end investment company or similar entity
                                                    All submissions should refer to File                     Pursuant to section 19(b)(1) 1 of the              that invests in a portfolio of securities selected by
                                                  Number SR–BATS–2015–22. This file                                                                             its investment adviser consistent with its
                                                                                                          Securities Exchange Act of 1934 (the                  investment objectives and policies. In contrast, an
                                                  number should be included on the                        ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                open-end investment company that issues
                                                  subject line if email is used. To help the              notice is hereby given that, on March                 Investment Company Units, listed and traded on
                                                  Commission process and review your                      12, 2015, NYSE Arca, Inc. (the
                                                                                                                                                                the Exchange under NYSE Arca Equities Rule
                                                                                                                                                                5.2(j)(3), seeks to provide investment results that
                                                  comments more efficiently, please use                   ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with             correspond generally to the price and yield
                                                  only one method. The Commission will                    the Securities and Exchange                           performance of a specific foreign or domestic stock
                                                  post all comments on the Commission’s                   Commission (the ‘‘Commission’’) the                   index, fixed income securities index or combination
                                                  Internet Web site (http://www.sec.gov/                                                                        thereof.
                                                                                                          proposed rule change as described in                     5 The Commission has previously approved
                                                  rules/sro.shtml). Copies of the                         Items I and II below, which Items have                listing and trading on the Exchange of actively
                                                  submission, all subsequent                              been prepared by the self-regulatory                  managed funds under Rule 8.600. See, e.g.,
                                                  amendments, all written statements                      organization. The Commission is                       Securities Exchange Act Release Nos. 57801 (May
                                                  with respect to the proposed rule                                                                             8, 2008), 73 FR 27878 (May 14, 2008) (SR–
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                                                                                                          publishing this notice to solicit                     NYSEArca–2008–31) (order approving Exchange
                                                  change that are filed with the                          comments on the proposed rule change                  listing and trading of twelve actively-managed
                                                  Commission, and all written                             from interested persons.                              funds of the WisdomTree Trust); 66321 (February
                                                                                                                                                                3, 2012), 77 FR 6850 (February 9, 2012) (SR–
                                                     21 For purposes only of waiving the operative                                                              NYSEArca–2011–95) (order approving listing and
                                                                                                            22 17 CFR 200.30–3(a)(12).
                                                  delay for this proposal, the Commission has                                                                   trading of PIMCO Total Return Exchange Traded
                                                                                                            1 15 U.S.C. 78s(b)(1).
                                                  considered the proposed rule’s impact on                                                                      Fund); 66670 (March 28, 2012), 77 FR 20087 (April
                                                                                                            2 15 U.S.C. 78a.
                                                  efficiency, competition, and capital formation. See                                                           3, 2012) (SR–NYSEArca–2012–09) (order approving
                                                  15 U.S.C. 78c(f).                                         3 17 CFR 240.19b–4.                                                                            Continued




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Document Created: 2015-12-18 11:36:22
Document Modified: 2015-12-18 11:36:22
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 16475 

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