80_FR_21857 80 FR 21782 - Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Content of the BATS One Feed Under Rule 11.22(i) To Include Consolidated Volume for All Listed Equity Securities

80 FR 21782 - Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Content of the BATS One Feed Under Rule 11.22(i) To Include Consolidated Volume for All Listed Equity Securities

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 75 (April 20, 2015)

Page Range21782-21784
FR Document2015-08939

Federal Register, Volume 80 Issue 75 (Monday, April 20, 2015)
[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Pages 21782-21784]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08939]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74723; File No. SR-BYX-2015-22]


Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
the Content of the BATS One Feed Under Rule 11.22(i) To Include 
Consolidated Volume for All Listed Equity Securities

April 14, 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 April 1, 2015, BATS Y-Exchange, Inc. (the ``Exchange'' or 
``BYX'') 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 the 
Substance of the Proposed Rule Change

    The Exchange amend [sic] the content of the BATS One Feed under 
Rule 11.22(i) to include consolidated volume for all listed equity 
securities. 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 proposes to amend the content of the BATS One Feed 
under Rule 11.22(i) to include consolidated volume for all listed 
equity securities. The Exchange also proposes to make a ministerial 
change to Rule 11.22(i). The Commission recently approved a proposed 
rule change by the Exchange to establish a new market data product 
called the BATS One Feed.\5\ The BATS One Feed is a data feed that 
disseminates, on a real-time basis, the aggregate best bid and offer 
(``BBO'') of all displayed orders for securities traded on BYX and its 
affiliated exchanges \6\ and for which the BATS Exchanges reports 
quotes under the Consolidated Tape Association (``CTA'') Plan or the 
Nasdaq/UTP Plan.\7\
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    \5\ See Securities Exchange Act Release No. 73918 (December 23, 
2014), 79 FR 78920 (December 31, 2014) (File Nos. SR-EDGX-2014-25; 
SR-EDGA-2014-25; SR-BATS-2014-055; SR-BYX-2014-030) (Notice of 
Amendments No. 2 and Order Granting Accelerated Approval to Proposed 
Rule Changes, as Modified by Amendments Nos. 1 and 2, to Establish a 
New Market Data Product called the BATS One Feed) (``BATS One 
Approval Order'').
    \6\ BYX's affiliated exchanges are the BATS Exchange, Inc. 
(``BZX''), the EDGA Exchange, Inc. (``EDGA''), and the EDGX 
Exchange, Inc. (``EDGX'', together with EDGA, BZX, and BYX, the 
``BATS Exchanges''). On January 23, 2014, BATS Global Markets, Inc. 
(``BGMI''), the former parent company of the Exchange and BZX, 
completed its business combination with Direct Edge Holdings LLC, 
the parent company of EDGA and EDGX. See Securities Exchange Act 
Release No. 71375 (January 23, 2014), 79 FR 4771 (January 29, 2014) 
(SR-BATS-2013-059; SR-BYX-2013-039). Upon completion of the business 
combination, DE Holdings and BGMI each became intermediate holding 
companies, held under a single new holding company. The new holding 
company, formerly named ``BATS Global Markets Holdings, Inc.,'' 
changed its name to ``BATS Global Markets, Inc.'' and BGMI changed 
its name to ``BATS Global Markets Holdings, Inc.''
    \7\ The Exchange understands that each of the BATS Exchanges 
will separately file substantially similar proposed rule changes 
with the Commission to implement fees for the BATS One Feed.
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Consolidated Volume
    The last sale information disseminated as part of the BATS One Feed 
includes the price, size, time of execution, and individual BATS 
Exchange on which the trade was executed. The last sale information 
also includes the cumulative number of shares executed on all BATS 
Exchanges for that trading day.\8\ The Exchange now proposes to expand 
the last sale information to include consolidated volume for all listed 
equity securities regardless of where the transaction was executed. The 
Exchange would obtain the consolidated volume directly from the 
securities information processors and then distribute in a manner 
consistent with the requirements for redistributing such data as set 
forth in the CTA Plan and Nasdaq UTP Plan.\9\
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    \8\ The BATS One Feed also contains optional functionality which 
enables recipients to receive aggregated two-sided quotations from 
the BATS Exchanges for up to five (5) price levels for all 
securities that are traded on the BATS Exchanges in addition to the 
BATS One Summary Feed (``BATS One Premium Feed''). For each price 
level on one of the BATS Exchanges, the BATS One Premium Feed 
includes a two-sided quote and the number of shares available to buy 
and sell at that particular price level.
    \9\ See CTA Consolidated Volume Display Policy available at 
https://www.ctaplan.com (dated March 2015). The CTA Consolidated 
Volume Display Policy requires that, ``[i]f a Customer calculates 
the CTA Consolidated Volume and displays that alongside last sale 
prices or bid-asked quotes that are not consolidated prices or 
quotes under the CTA Plan or the CQ Plan, then the Customer must 
incorporate into its display the following statement: ``Realtime 
quote and/or trade prices are not sourced from all markets.'' 
Customer must also assure that any person included in the 
redistribution chain starting with the Customer conspicuously places 
such a statement in any such display that it provides.'' Id.
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Ministerial Change
    The Exchange also proposes to delete from Rule 11.22(i) language 
indicating that the Retail Liquidity Identifier is disseminated on 
behalf of the Exchange, ``an affiliated exchange of the Exchange''. The 
Retail Liquidity Identifier indicator message is disseminated via the 
BATS One Feed on behalf of the Exchange pursuant to the Exchange's 
Retail Price Improvement (``RPI'') Program.\10\ For purposes of BYX 
Rule 11.22(i), the Exchange believes it is unnecessary to include the 
phrase ``an affiliated exchange of the Exchange'' and could lead to 
potential investor confusion.
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    \10\ For a description of BYX's RPI Program, see BYX Rule 11.24. 
See also Securities Exchange Act Release No. 68303 (November 27, 
2012), 77 FR 71652 (December 3, 2012) (SR-BYX-2012-019) (Order 
Granting Approval of Proposed Rule Change, as Modified by Amendment 
No. 2, to Adopt a Retail Price Improvement Program); Securities 
Exchange Act Release No. 67734 (August 27, 2012), 77 FR 53242 
(August 31, 2012) (SR-BYX-2012-019) (Notice of Filing of Proposed 
Rule Change to Adopt a Retail Price Improvement Program).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b)

[[Page 21783]]

of the Act \11\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \12\ in particular, in that it is designed 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. The Exchange also believes 
that the proposed rule change is consistent with Section 11(A) of the 
Act \13\ in that it supports (i) fair competition among brokers and 
dealers, among exchange markets, and between exchange markets and 
markets other than exchange markets and (ii) the availability to 
brokers, dealers, and investors of information with respect to 
quotations for and transactions in securities. Furthermore, the 
proposed rule change is consistent with Rule 603 of Regulation NMS,\14\ 
which provides that any national securities exchange that distributes 
information with respect to quotations for or transactions in an NMS 
stock do so on terms that are not unreasonably discriminatory. In 
adopting Regulation NMS, the Commission granted self-regulatory 
organizations and broker-dealers increased authority and flexibility to 
offer new and unique market data products to the public. It was 
believed that this authority would expand the amount of data available 
to consumers, and also spur innovation and competition for the 
provision of market data.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78k-1.
    \14\ See 17 CFR 242.603.
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    The proposed rule change is designed to promote just and equitable 
principles of trade and remove impediments to and perfect the mechanism 
of a free and open market and a national market system by providing for 
the broader dissemination of consolidated volume to investors. The 
Exchange also believes this proposal is consistent with Section 6(b)(5) 
of the Act because it protects investors and the public interest and 
promotes just and equitable principles of trade by providing investors 
with new options for receiving consolidated volume. The Exchange also 
believes that the proposed rule change is reasonable because 
consolidated volume is currently included in a competing market data 
products offered by the NYSE and Nasdaq.\15\ Therefore, the Exchange 
believes the proposed rule change removes impediments to and perfects 
the mechanism of a free and open market and a national market system, 
and, in general, protects investors and the public interest. The 
proposal would not permit unfair discrimination because the 
consolidated volume will be available to all of the Exchange's 
customers and market data vendors on an equivalent basis. In addition, 
any customer that wishes to receive consolidated volume via a different 
source will be able to do so.
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    \15\ See Securities Exchange Act Release No. 73553 (November 6, 
2014), 79 FR 67491 (November 13, 2014) (SR-NYSE-2014-40) (Notice of 
Amendment No. 1 and Order Granting Accelerated Approval to a 
Proposed Rule Change, as Modified by Amendment No.1, To Establish 
the NYSE Best Quote & Trades (``BQT'') Data Feed); http://www.nyxdata.com/Data-Products/NYSE-Best-Quote-and-Trades (last 
visited May 27, 2014) (data feed providing unified view of BBO and 
last sale information for the NYSE, NYSE Arca, and NYSE MKT) (``NYSE 
BQT Approval Order''). See also Nasdaq Basic, http://www.nasdaqtrader.com/Trader.aspx?id=nasdaqbasic (last visited March 
26, 2015) (data feed offering the BBO and Last Sale information for 
all U.S. exchange-listed securities based on liquidity within the 
Nasdaq market center, as well as trades reported to the FINRA/Nasdaq 
Trade Reporting Facility (``TRF'')); and Nasdaq NLS Plus, http://www.nasdaqtrader.com/Trader.aspx?id=NLSplus (last visited July 8, 
2014) (data feed providing last sale data as well as consolidated 
volume from the following Nasdaq OMX markets for U.S. exchange-
listed securities: Nasdaq, FINRA/Nasdaq TRF, Nasdaq OMX BX, and 
Nasdaq OMX PSX).
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    The Exchange believes that the ministerial change to Rule 11.22(i) 
is reasonable because it is intended to make the description of the 
BATS One Feed clearer and less confusing for investors and eliminate 
potential investor confusion, thereby removing impediments to and 
perfecting the mechanism of a free and open market and a national 
market system, and, in general, protecting investors and the public 
interest.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposal will impose any 
burden on competition not necessary or appropriate in furtherance of 
the purposes of the Act. The Exchange believes that the proposed rule 
change will enhance competition because it would enable the Exchange to 
include consolidated volume as part of the BATS One Feed, thereby 
enabling it to better compete with similar market data products 
currently offered by the NYSE and Nasdaq that include such volume.\16\
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    \16\ See id. (noting that NYSE BQT and NLS Plus carry 
consolidated volume for all listed equities).
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    Although the BATS Exchanges are the exclusive distributors of the 
individual data feeds from which certain data elements would be taken 
to create the BATS One Feed, the Exchange is not the exclusive 
distributor of the consolidated volume that would be included in the 
BATS One Feed. A vendor seeking to offer a similar product and include 
consolidated volume would be able to do so on the same terms as the 
Exchange from a cost perspective. As discussed in in the BATS One 
Approval Order,\17\ any entity may separately purchase the individual 
underlying products, and if they so choose, perform a similar 
aggregation and consolidation function that the Exchange performs in 
creating the BATS One Feed, and offer a data feed with the same 
information included in the BATS One Feed to sell and distribute it to 
its clients with no greater cost than the Exchange. Likewise, a 
competing vendor could also receive consolidated volume from the 
securities information processors and include it as part of their 
product to be disseminated to their customers under the same terms and 
policies provided to the Exchange.\18\ Therefore, the Exchange believes 
the inclusion of consolidated volume in the BATS One Feed would not 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act.
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    \17\ See BATS One Approval Order, supra note 5.
    \18\ See CTA Consolidated Volume Display Policy, supra note 9.
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    Finally, the Exchange believes that the ministerial change to Rule 
11.22(i) will not affect competition because it does not amend the 
content of the BATS One Feed (other than as described above). Rather, 
it is simply intended to make the description of the BATS One Feed 
clearer and less confusing.

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

    The Exchange has neither solicited nor received written comments on 
the proposed rule change.

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

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate if consistent with the protection of investors 
and the public interest, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A)

[[Page 21784]]

of the Act \19\ and Rule 19b-4(f)(6)(iii) thereunder.\20\
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \21\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \22\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The Exchange 
believes that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest because it would allow 
the Exchange to timely offer investors a new option for receiving 
consolidated volume information. The Exchange further notes that other 
exchanges currently offer similar data products that include 
consolidated volume.\23\ The Commission believes that waiving the 30-
day operative delay is consistent with the protection of investors and 
the public interest. Therefore, the Commission hereby waives the 
operative delay and designates the proposed rule change operative upon 
filing.\24\
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    \21\ 17 CFR 240.19b-4(f)(6).
    \22\ 17 CFR 240.19b-4(f)(6)(iii).
    \23\ See supra note 15 (noting that NYSE BQT and NLS Plus carry 
consolidated volume for all listed equities).
    \24\ 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).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings 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 proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BYX-2015-22 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BYX-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 
a.m. and 3 p.m. Copies of such filing also will 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-BYX-2015-22, and should be 
submitted on or before May 11, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-08939 Filed 4-17-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  21782                              Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices

                                                    For the Commission, by the Division of                 concerning the purpose of and basis for               Exchange on which the trade was
                                                  Trading and Markets, pursuant to delegated               the proposed rule change and discussed                executed. The last sale information also
                                                  authority.9                                              any comments it received on the                       includes the cumulative number of
                                                  Brent J. Fields,                                         proposed rule change. The text of these               shares executed on all BATS Exchanges
                                                  Secretary.                                               statements may be examined at the                     for that trading day.8 The Exchange now
                                                  [FR Doc. 2015–08941 Filed 4–17–15; 8:45 am]              places specified in Item IV below. The                proposes to expand the last sale
                                                  BILLING CODE 8011–01–P                                   Exchange has prepared summaries, set                  information to include consolidated
                                                                                                           forth in Sections A, B, and C below, of               volume for all listed equity securities
                                                                                                           the most significant parts of such                    regardless of where the transaction was
                                                  SECURITIES AND EXCHANGE                                  statements.                                           executed. The Exchange would obtain
                                                  COMMISSION                                                                                                     the consolidated volume directly from
                                                                                                           A. Self-Regulatory Organization’s                     the securities information processors
                                                  [Release No. 34–74723; File No. SR–BYX–                  Statement of the Purpose of, and                      and then distribute in a manner
                                                  2015–22]                                                 Statutory Basis for, the Proposed Rule                consistent with the requirements for
                                                                                                           Change                                                redistributing such data as set forth in
                                                  Self-Regulatory Organizations; BATS
                                                  Y-Exchange, Inc.; Notice of Filing and                   1. Purpose                                            the CTA Plan and Nasdaq UTP Plan.9
                                                  Immediate Effectiveness of a Proposed                       The Exchange proposes to amend the                 Ministerial Change
                                                  Rule Change To Amend the Content of                      content of the BATS One Feed under                       The Exchange also proposes to delete
                                                  the BATS One Feed Under Rule 11.22(i)                    Rule 11.22(i) to include consolidated                 from Rule 11.22(i) language indicating
                                                  To Include Consolidated Volume for All                   volume for all listed equity securities.              that the Retail Liquidity Identifier is
                                                  Listed Equity Securities                                 The Exchange also proposes to make a                  disseminated on behalf of the Exchange,
                                                  April 14, 2015.                                          ministerial change to Rule 11.22(i). The              ‘‘an affiliated exchange of the
                                                                                                           Commission recently approved a                        Exchange’’. The Retail Liquidity
                                                     Pursuant to Section 19(b)(1) of the
                                                                                                           proposed rule change by the Exchange                  Identifier indicator message is
                                                  Securities Exchange Act of 1934 (the
                                                                                                           to establish a new market data product                disseminated via the BATS One Feed on
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                           called the BATS One Feed.5 The BATS                   behalf of the Exchange pursuant to the
                                                  notice is hereby given that on April 1,
                                                  2015, BATS Y-Exchange, Inc. (the                         One Feed is a data feed that                          Exchange’s Retail Price Improvement
                                                  ‘‘Exchange’’ or ‘‘BYX’’) filed with the                  disseminates, on a real-time basis, the               (‘‘RPI’’) Program.10 For purposes of BYX
                                                  Securities and Exchange Commission                       aggregate best bid and offer (‘‘BBO’’) of             Rule 11.22(i), the Exchange believes it is
                                                  (‘‘Commission’’) the proposed rule                       all displayed orders for securities traded            unnecessary to include the phrase ‘‘an
                                                  change as described in Items I and II                    on BYX and its affiliated exchanges 6                 affiliated exchange of the Exchange’’
                                                  below, which Items have been prepared                    and for which the BATS Exchanges                      and could lead to potential investor
                                                  by the Exchange. The Exchange has                        reports quotes under the Consolidated                 confusion.
                                                  designated this proposal as a ‘‘non-                     Tape Association (‘‘CTA’’) Plan or the
                                                                                                           Nasdaq/UTP Plan.7                                     2. Statutory Basis
                                                  controversial’’ proposed rule change
                                                                                                                                                                    The Exchange believes that its
                                                  pursuant to Section 19(b)(3)(A) of the                   Consolidated Volume                                   proposal is consistent with Section 6(b)
                                                  Act 3 and Rule 19b–4(f)(6)(iii)
                                                                                                             The last sale information
                                                  thereunder,4 which renders it effective
                                                                                                           disseminated as part of the BATS One                     8 The BATS One Feed also contains optional
                                                  upon filing with the Commission. The                                                                           functionality which enables recipients to receive
                                                                                                           Feed includes the price, size, time of
                                                  Commission is publishing this notice to                                                                        aggregated two-sided quotations from the BATS
                                                                                                           execution, and individual BATS                        Exchanges for up to five (5) price levels for all
                                                  solicit comments on the proposed rule
                                                                                                                                                                 securities that are traded on the BATS Exchanges
                                                  change from interested persons.                             5 See Securities Exchange Act Release No. 73918    in addition to the BATS One Summary Feed
                                                                                                           (December 23, 2014), 79 FR 78920 (December 31,        (‘‘BATS One Premium Feed’’). For each price level
                                                  I. Self-Regulatory Organization’s                        2014) (File Nos. SR–EDGX–2014–25; SR–EDGA–            on one of the BATS Exchanges, the BATS One
                                                  Statement of the Terms of the Substance                  2014–25; SR–BATS–2014–055; SR–BYX–2014–030)           Premium Feed includes a two-sided quote and the
                                                  of the Proposed Rule Change                              (Notice of Amendments No. 2 and Order Granting        number of shares available to buy and sell at that
                                                                                                           Accelerated Approval to Proposed Rule Changes, as     particular price level.
                                                     The Exchange amend [sic] the content                  Modified by Amendments Nos. 1 and 2, to Establish        9 See CTA Consolidated Volume Display Policy
                                                  of the BATS One Feed under Rule                          a New Market Data Product called the BATS One         available at https://www.ctaplan.com (dated March
                                                  11.22(i) to include consolidated volume                  Feed) (‘‘BATS One Approval Order’’).                  2015). The CTA Consolidated Volume Display
                                                                                                              6 BYX’s affiliated exchanges are the BATS          Policy requires that, ‘‘[i]f a Customer calculates the
                                                  for all listed equity securities. The text
                                                                                                           Exchange, Inc. (‘‘BZX’’), the EDGA Exchange, Inc.     CTA Consolidated Volume and displays that
                                                  of the proposed rule change is available                 (‘‘EDGA’’), and the EDGX Exchange, Inc. (‘‘EDGX’’,    alongside last sale prices or bid-asked quotes that
                                                  at the Exchange’s Web site at                            together with EDGA, BZX, and BYX, the ‘‘BATS          are not consolidated prices or quotes under the CTA
                                                  www.batstrading.com, at the principal                    Exchanges’’). On January 23, 2014, BATS Global        Plan or the CQ Plan, then the Customer must
                                                  office of the Exchange, and at the                       Markets, Inc. (‘‘BGMI’’), the former parent company   incorporate into its display the following statement:
                                                                                                           of the Exchange and BZX, completed its business       ‘‘Realtime quote and/or trade prices are not sourced
                                                  Commission’s Public Reference Room.                      combination with Direct Edge Holdings LLC, the        from all markets.’’ Customer must also assure that
                                                                                                           parent company of EDGA and EDGX. See Securities       any person included in the redistribution chain
                                                  II. Self-Regulatory Organization’s                       Exchange Act Release No. 71375 (January 23, 2014),    starting with the Customer conspicuously places
                                                  Statement of the Purpose of, and                         79 FR 4771 (January 29, 2014) (SR–BATS–2013–          such a statement in any such display that it
                                                  Statutory Basis for, the Proposed Rule                   059; SR–BYX–2013–039). Upon completion of the         provides.’’ Id.
                                                  Change                                                   business combination, DE Holdings and BGMI each          10 For a description of BYX’s RPI Program, see
                                                                                                           became intermediate holding companies, held           BYX Rule 11.24. See also Securities Exchange Act
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    In its filing with the Commission, the                 under a single new holding company. The new           Release No. 68303 (November 27, 2012), 77 FR
                                                  Exchange included statements                             holding company, formerly named ‘‘BATS Global         71652 (December 3, 2012) (SR–BYX–2012–019)
                                                                                                           Markets Holdings, Inc.,’’ changed its name to         (Order Granting Approval of Proposed Rule Change,
                                                    9 17
                                                                                                           ‘‘BATS Global Markets, Inc.’’ and BGMI changed its    as Modified by Amendment No. 2, to Adopt a Retail
                                                         CFR 200.30–3(a)(12).                              name to ‘‘BATS Global Markets Holdings, Inc.’’
                                                    1 15
                                                                                                                                                                 Price Improvement Program); Securities Exchange
                                                         U.S.C. 78s(b)(1).                                    7 The Exchange understands that each of the        Act Release No. 67734 (August 27, 2012), 77 FR
                                                    2 17 CFR 240.19b–4.
                                                                                                           BATS Exchanges will separately file substantially     53242 (August 31, 2012) (SR–BYX–2012–019)
                                                    3 15 U.S.C. 78s(b)(3)(A).
                                                                                                           similar proposed rule changes with the Commission     (Notice of Filing of Proposed Rule Change to Adopt
                                                    4 17 CFR 240.19b–4(f)(6)(iii).                         to implement fees for the BATS One Feed.              a Retail Price Improvement Program).



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                                                                                 Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices                                                 21783

                                                  of the Act 11 in general, and furthers the              Exchange believes the proposed rule                   volume that would be included in the
                                                  objectives of Section 6(b)(5) of the Act 12             change removes impediments to and                     BATS One Feed. A vendor seeking to
                                                  in particular, in that it is designed to                perfects the mechanism of a free and                  offer a similar product and include
                                                  promote just and equitable principles of                open market and a national market                     consolidated volume would be able to
                                                  trade, to foster cooperation and                        system, and, in general, protects                     do so on the same terms as the Exchange
                                                  coordination with persons engaged in                    investors and the public interest. The                from a cost perspective. As discussed in
                                                  facilitating transactions in securities, to             proposal would not permit unfair                      in the BATS One Approval Order,17 any
                                                  remove impediments to and perfect the                   discrimination because the consolidated               entity may separately purchase the
                                                  mechanism of a free and open market                     volume will be available to all of the                individual underlying products, and if
                                                  and a national market system and, in                    Exchange’s customers and market data                  they so choose, perform a similar
                                                  general, to protect investors and the                   vendors on an equivalent basis. In                    aggregation and consolidation function
                                                  public interest. The Exchange also                      addition, any customer that wishes to                 that the Exchange performs in creating
                                                  believes that the proposed rule change                  receive consolidated volume via a                     the BATS One Feed, and offer a data
                                                  is consistent with Section 11(A) of the                 different source will be able to do so.               feed with the same information
                                                  Act 13 in that it supports (i) fair                       The Exchange believes that the
                                                  competition among brokers and dealers,                                                                        included in the BATS One Feed to sell
                                                                                                          ministerial change to Rule 11.22(i) is
                                                  among exchange markets, and between                                                                           and distribute it to its clients with no
                                                                                                          reasonable because it is intended to
                                                  exchange markets and markets other                                                                            greater cost than the Exchange.
                                                                                                          make the description of the BATS One
                                                  than exchange markets and (ii) the                      Feed clearer and less confusing for                   Likewise, a competing vendor could
                                                  availability to brokers, dealers, and                   investors and eliminate potential                     also receive consolidated volume from
                                                  investors of information with respect to                investor confusion, thereby removing                  the securities information processors
                                                  quotations for and transactions in                      impediments to and perfecting the                     and include it as part of their product
                                                  securities. Furthermore, the proposed                   mechanism of a free and open market                   to be disseminated to their customers
                                                  rule change is consistent with Rule 603                 and a national market system, and, in                 under the same terms and policies
                                                  of Regulation NMS,14 which provides                     general, protecting investors and the                 provided to the Exchange.18 Therefore,
                                                  that any national securities exchange                   public interest.                                      the Exchange believes the inclusion of
                                                  that distributes information with respect                                                                     consolidated volume in the BATS One
                                                  to quotations for or transactions in an                 B. Self-Regulatory Organization’s                     Feed would not impose any burden on
                                                  NMS stock do so on terms that are not                   Statement on Burden on Competition                    competition not necessary or
                                                  unreasonably discriminatory. In                           The Exchange does not believe that                  appropriate in furtherance of the
                                                  adopting Regulation NMS, the                            the proposal will impose any burden on                purposes of the Act.
                                                  Commission granted self-regulatory                      competition not necessary or                            Finally, the Exchange believes that
                                                  organizations and broker-dealers                        appropriate in furtherance of the                     the ministerial change to Rule 11.22(i)
                                                  increased authority and flexibility to                  purposes of the Act. The Exchange
                                                  offer new and unique market data                                                                              will not affect competition because it
                                                                                                          believes that the proposed rule change
                                                  products to the public. It was believed                                                                       does not amend the content of the BATS
                                                                                                          will enhance competition because it
                                                  that this authority would expand the                                                                          One Feed (other than as described
                                                                                                          would enable the Exchange to include
                                                  amount of data available to consumers,                                                                        above). Rather, it is simply intended to
                                                                                                          consolidated volume as part of the
                                                  and also spur innovation and                            BATS One Feed, thereby enabling it to                 make the description of the BATS One
                                                  competition for the provision of market                 better compete with similar market data               Feed clearer and less confusing.
                                                  data.                                                   products currently offered by the NYSE                C. Self-Regulatory Organization’s
                                                     The proposed rule change is designed                 and Nasdaq that include such volume.16                Statement on Comments on the
                                                  to promote just and equitable principles                  Although the BATS Exchanges are the                 Proposed Rule Change Received From
                                                  of trade and remove impediments to and                  exclusive distributors of the individual
                                                  perfect the mechanism of a free and                                                                           Members, Participants, or Others
                                                                                                          data feeds from which certain data
                                                  open market and a national market                       elements would be taken to create the                   The Exchange has neither solicited
                                                  system by providing for the broader                     BATS One Feed, the Exchange is not the                nor received written comments on the
                                                  dissemination of consolidated volume                    exclusive distributor of the consolidated             proposed rule change.
                                                  to investors. The Exchange also believes
                                                  this proposal is consistent with Section                a Proposed Rule Change, as Modified by                III. Date of Effectiveness of the
                                                  6(b)(5) of the Act because it protects                  Amendment No.1, To Establish the NYSE Best            Proposed Rule Change and Timing for
                                                  investors and the public interest and                   Quote & Trades (‘‘BQT’’) Data Feed); http://          Commission Action
                                                  promotes just and equitable principles                  www.nyxdata.com/Data-Products/NYSE-Best-
                                                                                                          Quote-and-Trades (last visited May 27, 2014) (data       Because the proposed rule change
                                                  of trade by providing investors with                    feed providing unified view of BBO and last sale
                                                  new options for receiving consolidated                  information for the NYSE, NYSE Arca, and NYSE         does not (i) significantly affect the
                                                  volume. The Exchange also believes that                 MKT) (‘‘NYSE BQT Approval Order’’). See also          protection of investors or the public
                                                  the proposed rule change is reasonable                  Nasdaq Basic, http://www.nasdaqtrader.com/            interest; (ii) impose any significant
                                                                                                          Trader.aspx?id=nasdaqbasic (last visited March 26,
                                                  because consolidated volume is                          2015) (data feed offering the BBO and Last Sale
                                                                                                                                                                burden on competition; and (iii) become
                                                  currently included in a competing                       information for all U.S. exchange-listed securities   operative for 30 days from the date on
                                                  market data products offered by the                     based on liquidity within the Nasdaq market center,   which it was filed, or such shorter time
                                                  NYSE and Nasdaq.15 Therefore, the                       as well as trades reported to the FINRA/Nasdaq        as the Commission may designate if
                                                                                                          Trade Reporting Facility (‘‘TRF’’)); and Nasdaq NLS
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                                                                                                          Plus, http://www.nasdaqtrader.com/
                                                                                                                                                                consistent with the protection of
                                                    11 15 U.S.C. 78f(b).                                  Trader.aspx?id=NLSplus (last visited July 8, 2014)    investors and the public interest, the
                                                    12 15 U.S.C. 78f(b)(5).                               (data feed providing last sale data as well as        proposed rule change has become
                                                    13 15 U.S.C. 78k–1.
                                                                                                          consolidated volume from the following Nasdaq         effective pursuant to Section 19(b)(3)(A)
                                                    14 See 17 CFR 242.603.                                OMX markets for U.S. exchange-listed securities:
                                                    15 See Securities Exchange Act Release No. 73553      Nasdaq, FINRA/Nasdaq TRF, Nasdaq OMX BX, and
                                                                                                          Nasdaq OMX PSX).                                        17 SeeBATS One Approval Order, supra note 5.
                                                  (November 6, 2014), 79 FR 67491 (November 13,
                                                  2014) (SR–NYSE–2014–40) (Notice of Amendment              16 See id. (noting that NYSE BQT and NLS Plus         18 SeeCTA Consolidated Volume Display Policy,
                                                  No. 1 and Order Granting Accelerated Approval to        carry consolidated volume for all listed equities).   supra note 9.



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                                                  21784                           Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices

                                                  of the Act 19 and Rule 19b–4(f)(6)(iii)                 Comments may be submitted by any of                   SECURITIES AND EXCHANGE
                                                  thereunder.20                                           the following methods:                                COMMISSION
                                                     A proposed rule change filed
                                                  pursuant to Rule 19b–4(f)(6) under the                  Electronic Comments                                   Proposed Collection; Comment
                                                  Act 21 normally does not become                                                                               Request
                                                                                                            • Use the Commission’s Internet
                                                  operative for 30 days after the date of its
                                                                                                          comment form (http://www.sec.gov/                     Upon Written Request Copies Available
                                                  filing. However, Rule 19b–4(f)(6)(iii) 22
                                                                                                          rules/sro.shtml); or                                   From: Securities and Exchange
                                                  permits the Commission to designate a
                                                                                                            • Send an email to rule-comments@                    Commission, Office of FOIA Services,
                                                  shorter time if such action is consistent
                                                                                                          sec.gov. Please include File Number SR–                100 F Street NE., Washington, DC
                                                  with the protection of investors and the
                                                                                                                                                                 20549–2736.
                                                  public interest. The Exchange has asked                 BYX–2015–22 on the subject line.
                                                  the Commission to waive the 30-day                                                                            Extension:
                                                  operative delay so that the proposal may                Paper Comments                                          Rule 239. SEC File No. 270–638, OMB
                                                                                                                                                                    Control No. 3235–0687.
                                                  become operative immediately upon                         • Send paper comments in triplicate
                                                  filing. The Exchange believes that                                                                               Notice is hereby given that, pursuant
                                                                                                          to Brent J. Fields, Secretary, Securities
                                                  waiving the 30-day operative delay is                                                                         to the Paperwork Reduction Act of 1995
                                                                                                          and Exchange Commission, 100 F Street
                                                  consistent with the protection of                                                                             (44 U.S.C. 3501 et seq.), the Securities
                                                                                                          NE., Washington, DC 20549–1090.                       and Exchange Commission
                                                  investors and the public interest
                                                  because it would allow the Exchange to                  All submissions should refer to File                  (‘‘Commission’’) is soliciting comments
                                                  timely offer investors a new option for                 Number SR–BYX–2015–22. This file                      on the collection of information
                                                  receiving consolidated volume                           number should be included on the                      summarized below. The Commission
                                                  information. The Exchange further notes                 subject line if email is used. To help the            plans to submit this existing collection
                                                  that other exchanges currently offer                    Commission process and review your                    of information to the Office of
                                                  similar data products that include                      comments more efficiently, please use                 Management and Budget for extension
                                                  consolidated volume.23 The                              only one method. The Commission will                  and approval.
                                                  Commission believes that waiving the                                                                             Rule 239 (17 CFR 230.239) provides
                                                                                                          post all comments on the Commission’s
                                                  30-day operative delay is consistent                                                                          exemptions under the Securities Act of
                                                                                                          Internet Web site (http://www.sec.gov/                1933 (15 U.S.C. 77a et seq.), the
                                                  with the protection of investors and the
                                                                                                          rules/sro.shtml). Copies of the                       Securities Exchange Act of 1934 (15
                                                  public interest. Therefore, the
                                                                                                          submission, all subsequent                            U.S.C. 78a et seq.) and the Trust
                                                  Commission hereby waives the
                                                  operative delay and designates the                      amendments, all written statements                    Indenture Act of 1939 (U.S.C. 77aaa et
                                                  proposed rule change operative upon                     with respect to the proposed rule                     seq.) for security-based swaps issued by
                                                  filing.24                                               change that are filed with the                        certain clearing agencies satisfying
                                                     At any time within 60 days of the                    Commission, and all written                           certain conditions. The purpose of the
                                                  filing of the proposed rule change, the                 communications relating to the                        information required by Rule 239 is to
                                                  Commission summarily may                                proposed rule change between the                      make certain information about
                                                  temporarily suspend such rule change if                 Commission and any person, other than                 security-based swaps that may be
                                                  it appears to the Commission that such                  those that may be withheld from the                   cleared by the registered or the exempt
                                                  action is necessary or appropriate in the               public in accordance with the                         clearing agencies available to eligible
                                                  public interest, for the protection of                  provisions of 5 U.S.C. 552, will be                   contract participants and other market
                                                  investors, or otherwise in furtherance of               available for Web site viewing and                    participants. We estimate that each
                                                  the purposes of the Act. If the                         printing in the Commission’s Public                   registered or exempt clearing agency
                                                  Commission takes such action, the                       Reference Room, 100 F Street NE.,                     issuing security-based swaps in its
                                                  Commission shall institute proceedings                  Washington, DC 20549 on official                      function as a central counterparty will
                                                  to determine whether the proposed rule                  business days between the hours of 10                 spend approximately 2 hours each time
                                                  should be approved or disapproved.                                                                            it provides or update the information in
                                                                                                          a.m. and 3 p.m. Copies of such filing
                                                                                                                                                                its agreements relating to security-based
                                                  IV. Solicitation of Comments                            also will be available for inspection and
                                                                                                                                                                swaps or on its Web site. We estimate
                                                    Interested persons are invited to                     copying at the principal office of the
                                                                                                                                                                that each registered or exempt clearing
                                                  submit written data, views, and                         Exchange. All comments received will                  agency will provide or update the
                                                  arguments concerning the foregoing,                     be posted without change; the                         information approximately 20 times per
                                                  including whether the proposed rule                     Commission does not edit personal                     year. In addition, we estimate that 75%
                                                  change is consistent with the Act.                      identifying information from                          of the 2 hours per response (1.5 hours)
                                                                                                          submissions. You should submit only                   is prepared internally by the clearing
                                                    19 15  U.S.C. 78s(b)(3)(A).                           information that you wish to make                     agency for a total annual reporting
                                                    20 17  CFR 240.19b–4(f)(6)(iii). As required under    available publicly. All submissions                   burden of 180 hours (1.5 hours per
                                                  Rule 19b–4(f)(6)(iii), the Exchange provided the
                                                  Commission with written notice of its intent to file
                                                                                                          should refer to File Number SR–BYX–                   response × 20 times × 6 respondents).
                                                  the proposed rule change, along with a brief            2015–22, and should be submitted on or                   Written comments are invited on: (a)
                                                  description and the text of the proposed rule           before May 11, 2015.                                  Whether the proposed collection of
                                                  change, at least five business days prior to the date                                                         information is necessary for the proper
                                                  of filing of the proposed rule change, or such            For the Commission, by the Division of
                                                  shorter time as designated by the Commission.           Trading and Markets, pursuant to delegated            performance of the functions of the
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                                                    21 17 CFR 240.19b–4(f)(6).                            authority.25                                          agency, including whether the
                                                    22 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                          Brent J. Fields,
                                                                                                                                                                information will have practical utility;
                                                    23 See supra note 15 (noting that NYSE BQT and                                                              (b) the accuracy of the agency’s estimate
                                                  NLS Plus carry consolidated volume for all listed       Secretary.                                            of the burden imposed by the collection
                                                  equities).                                              [FR Doc. 2015–08939 Filed 4–17–15; 8:45 am]           of information; (c) ways to enhance the
                                                    24 For purposes only of waiving the 30-day

                                                  operative delay, the Commission has considered the
                                                                                                          BILLING CODE 8011–01–P                                quality, utility, and clarity of the
                                                  proposed rule’s impact on efficiency, competition,                                                            information collected; and (d) ways to
                                                  and capital formation. See 15 U.S.C. 78c(f).              25 17   CFR 200.30–3(a)(12).                        minimize the burden of the collection of


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Document Created: 2018-02-21 10:12:53
Document Modified: 2018-02-21 10:12:53
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 21782 

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