80_FR_33112 80 FR 33001 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt Rule 13.8 Describing a Communication and Routing Service Known as BATS Connect

80 FR 33001 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt Rule 13.8 Describing a Communication and Routing Service Known as BATS Connect

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 111 (June 10, 2015)

Page Range33001-33003
FR Document2015-14134

Federal Register, Volume 80 Issue 111 (Wednesday, June 10, 2015)
[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 33001-33003]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14134]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75107; File No. SR-BATS-2015-40]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt 
Rule 13.8 Describing a Communication and Routing Service Known as BATS 
Connect

June 4, 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 May 27, 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 is proposing to adopt Rule 13.8 to describe a 
communication and routing service known as BATS Connect. The proposed 
rule change is based on an identical service offered by the Exchange's 
affiliate, EDGX Exchange, Inc. (``EDGX'').\5\
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    \5\ See EDGX Rule 13.9. See also Securities Exchange Act Release 
Nos. 73780 (December 8, 2014), 79 FR 73942 (December 12, 2014) (SR-
EDGX-2014-28); and 74935 (May 12, 2015), 80 FR 28335 (May 18, 2015) 
(SR-EDGX-2015-19).
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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

[[Page 33002]]

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 adopt Rule 13.8 to describe a 
communication and routing service known as BATS Connect. The Exchange 
proposes to offer BATS Connect on a voluntary basis in a capacity 
similar to a vendor. BATS Connect would operate in the same fashion as 
an identical service, also called BATS Connect, offered by the 
Exchange's affiliate, EDGX.\6\ BATS Connect is a communication service 
that provides Members \7\ an additional means to receive market data 
from and route orders to any destination connected to Exchange's 
network. BATS Connect does not provide any advantage to subscribers for 
connecting to the Exchange's affiliates \8\ as compared to other method 
of connectivity available to subscribers. The servers of the Member 
need not be located in the same facilities as the Exchange in order to 
subscribe to BATS Connect. Members may also seek to utilize BATS 
Connect in the event of a market disruption where other alternative 
connection methods become unavailable.
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    \6\ See supra note 5.
    \7\ The term ``Member'' is defined as ``any registered broker or 
dealer, or any person associated with a registered broker or dealer, 
that has been admitted to membership in the Exchange. A Member will 
have the status of a ``member'' of the Exchange as that term is 
defined in Section 3(a)(3) of the Act.'' See Exchange Rule 1.5(n).
    \8\ The Exchange's affiliated exchanges are EDGX, EDGA Exchange, 
Inc., and BATS Y-Exchange, Inc. The Exchange understands that its 
affiliated Exchange's intend to file identical proposed rule changes 
to adopt the BATS Connect service with the Commission.
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    Specifically, this service would allow Members to route orders to 
other exchanges and market centers that are connected to the Exchange's 
network. This communications or routing service would not effect trade 
executions and would not report trades to the relevant Securities 
Information Processor. An order sent via the service does not pass 
through the Exchange's matching engine before going to a market center 
outside of the Exchange (i.e., a participant could choose to route an 
order directly to any market center on the Exchange's network). A 
participant would be responsible for identifying the appropriate 
destination for any orders sent through the service and for ensuring 
that it had authority to access the selected destination; the Exchange 
would merely provide the connectivity by which orders (and associated 
messages) could be routed by a participant to a destination and from 
the destination back to the participant.\9\
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    \9\ This service is an alternative to a service that the 
Exchange already provides to its Members--current order-sending 
Members route orders through access provided by the Exchange to the 
Exchange that either check the Exchange for available liquidity and 
then route to other destinations or, in certain circumstances, 
bypass the Exchange and route to other destinations. See Exchange 
Rule 11.13(b)(3) (setting forth routing options whereby Members may 
select their orders be routed to other market centers).
---------------------------------------------------------------------------

    The Exchange will charge a monthly connectivity fee to Members 
utilizing BATS Connect to route orders to other exchanges and broker-
dealers that are connected to the Exchange's network. BATS Connect 
would also allow participants to receive market data feeds from the 
exchanges connected to the Exchange's network. The Exchange will file a 
separate proposed rule change with the Commission regarding the 
connectivity fees for order entry and market data to be charged for the 
BATS Connect service.\10\
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    \10\ The Exchange understands that its affiliated exchanges 
intend to file identical proposed rule changes to adopt fees for the 
BATS Connect service with the Commission.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with the 
requirements of section 6(b) of the Act,\11\ in general, and section 
6(b)(5) of the Act,\12\ in particular, in that it promotes just and 
equitable principles of trade, removes impediments to, and perfect the 
mechanism of, a free and open market and a national market system, and, 
in general, protects investors and the public interest. Specifically, 
the proposal is consistent with section 6(b)(5) of the Act,\13\ in that 
it provides Members an alternative means to receive market data from 
and route orders to any destination connected to the Exchange's 
network, 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. In addition, 
BATS Connect removes impediments to and perfects the mechanism of a 
free and open market and a national market system because, in the event 
of a market disruption, Members would be able to utilize BATS Connect 
to connect to other market centers where other alternative connection 
methods become unavailable. BATS Connect would operate in the same 
fashion as an identical service, also called BATS Connect, offered by 
the Exchange's affiliate, EDGX.\14\ The proposed rule change is also 
similar to a communication and routing service implemented by the 
Chicago Stock Exchange, Inc. (``CHX'').\15\ The proposed rule change 
will also not permit unfair discrimination among customers, brokers, or 
dealers because BATS Connect will be available to all of the Exchange's 
customers on an equivalent basis regardless of whether the servers of 
the Member are located in the same facilities as the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ Id.
    \14\ See supra note 5.
    \15\ See Securities Exchange Act Release No. 54846 (November 30, 
2006), 71 FR 71003 (December 7, 2006) (SR-CHX-2006-34) (Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Regarding 
the Implementation of a Communication and Routing Service).
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. To the contrary, 
the Exchange believes that the proposal will promote competition by the 
Exchange offering a service similar to those offered by the CHX and 
NYSE.\16\ Thus, the Exchange believes this proposed rule change is 
necessary to permit fair competition among national securities 
exchanges. In addition, the proposed rule change is designed to provide 
Members with an alternative means to access other market centers if 
they chose or in the event of a market disruption where other 
alternative connection methods become unavailable. Therefore, the 
Exchange does not believe the proposed rule change will have any effect 
on competition.
---------------------------------------------------------------------------

    \16\ See NYSE's SFTI Americas Product and Service List available 
at http://www.nyxdata.com/docs/connectivity. See supra note 15.
---------------------------------------------------------------------------

(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.

[[Page 33003]]

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, the proposed rule change has become effective 
pursuant to section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6) 
thereunder.\17\
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    \17\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to 
give the Commission written notice of the Exchange's intent to file 
the proposed rule change, along with a brief description and 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. The Exchange has satisfied this 
requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act normally does not become operative for 30 days after the date of 
its filing. However, Rule 19b-4(f)(6)(iii) 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. Waiver of the 30-day 
operative delay would permit the Exchange to provide Members with an 
alternative means to access other market centers, particularly in the 
event of a market disruption. In addition, the Exchange represents that 
BATS Connect does not provide any advantage to subscribers for 
connecting to the Exchange's affiliates as compared to other methods of 
connectivity available to subscribers.\18\ Based on the foregoing, the 
Commission believes the waiver of the operative delay is consistent 
with the protection of investors and the public interest.\19\ The 
Commission hereby grants the waiver and designates the proposal 
operative upon filing.
---------------------------------------------------------------------------

    \18\ See supra note 8.
    \19\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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 rule-comments@sec.gov. Please include 
File Number SR-BATS-2015-40 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-BATS-2015-40. 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 the 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-2015-40 and should be 
submitted on or before July 1, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-14134 Filed 6-9-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices                                                 33001

                                                    submissions. You should submit only                     disapprove the proposed rule change.6                   SECURITIES AND EXCHANGE
                                                    information that you wish to make                       On May 13, 2015, the Commission                         COMMISSION
                                                    available publicly. All submissions                     received a letter from the Exchange
                                                                                                                                                                    [Release No. 34–75107; File No. SR–BATS–
                                                    should refer to File Number SR–C2–                      responding to the Order Instituting                     2015–40]
                                                    2015–014 and should be submitted on                     Proceedings.7 The Commission received
                                                    or before July 1, 2015.                                 one other comment letter on the                         Self-Regulatory Organizations; BATS
                                                      For the Commission, by the Division of                proposed rule change.8                                  Exchange, Inc.; Notice of Filing and
                                                    Trading and Markets, pursuant to delegated                 Section 19(b)(2) of the Act provides                 Immediate Effectiveness of a Proposed
                                                    authority.23                                            that proceedings to determine whether                   Rule Change To Adopt Rule 13.8
                                                    Robert W. Errett,                                       to disapprove a proposed rule change                    Describing a Communication and
                                                    Deputy Secretary.                                       must be concluded within 180 days of                    Routing Service Known as BATS
                                                                                                                                                                    Connect
                                                    [FR Doc. 2015–14133 Filed 6–9–15; 8:45 am]              the date of publication of notice of the
                                                    BILLING CODE 8011–01–P                                  filing of the proposed rule change.9 The                June 4, 2015.
                                                                                                            time for conclusion of the proceedings                     Pursuant to section 19(b)(1) of the
                                                                                                            may be extended for up to 60 days if the                Securities Exchange Act of 1934 (the
                                                    SECURITIES AND EXCHANGE                                 Commission determines that a longer                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    COMMISSION                                              period is appropriate and publishes the                 notice is hereby given that on May 27,
                                                                                                            reasons for such determination.10 The                   2015, BATS Exchange, Inc. (the
                                                    [Release No. 34–75104; File No. SR–ISE–                 180th day for this filing is June 8, 2015.              ‘‘Exchange’’ or ‘‘BATS’’) filed with the
                                                    2014–24]                                                                                                        Securities and Exchange Commission
                                                                                                               The Commission is extending the
                                                                                                                                                                    (‘‘Commission’’) the proposed rule
                                                                                                            time period for Commission action on
                                                    Self-Regulatory Organizations;                                                                                  change as described in Items I and II
                                                                                                            the proposed rule change. The
                                                    International Securities Exchange,                                                                              below, which Items have been prepared
                                                                                                            Commission finds that it is appropriate                 by the Exchange. The Exchange has
                                                    LLC; Notice of Designation of Longer
                                                    Period for Commission Action on                         to designate a longer period within                     designated this proposal as a ‘‘non-
                                                    Proceedings To Determine Whether To                     which to take action on the proposed                    controversial’’ proposed rule change
                                                    Approve or Disapprove a Proposed                        rule change so that it has sufficient time              pursuant to section 19(b)(3)(A) of the
                                                    Rule Change To Modify the Opening                       to consider the comment letters and take                Act 3 and Rule 19b–4(f)(6)(iii)
                                                    Process                                                 action on the Exchange’s proposed rule                  thereunder,4 which renders it effective
                                                                                                            change.                                                 upon filing with the Commission. The
                                                    June 4, 2015.                                                                                                   Commission is publishing this notice to
                                                                                                               Accordingly, pursuant to section
                                                       On November 19, 2014, International                  19(b)(2)(B)(ii)(II) of the Act 11 and for the           solicit comments on the proposed rule
                                                    Securities Exchange, LLC (‘‘Exchange’’)                 reasons stated above, the Commission                    change from interested persons.
                                                    filed with the Securities and Exchange                  designates August 7, 2015, as the date                  I. Self-Regulatory Organization’s
                                                    Commission (‘‘Commission’’), pursuant                   by which the Commission should either                   Statement of the Terms of Substance of
                                                    to section 19(b)(1) of the Securities                   approve or disapprove the proposed                      the Proposed Rule Change
                                                    Exchange Act of 1934 (‘‘Act’’) 1 and Rule               rule change(File No. SR–ISE–2014–24).
                                                    19b–4 thereunder,2 a proposed rule                                                                                 The Exchange is proposing to adopt
                                                    change to modify the manner in which                      For the Commission, by the Division of                Rule 13.8 to describe a communication
                                                    the Exchange’s trading system opens                     Trading and Markets, pursuant to delegated              and routing service known as BATS
                                                                                                            authority.12                                            Connect. The proposed rule change is
                                                    trading at the beginning of the day and
                                                    after trading halts and to codify certain               Robert W. Errett,                                       based on an identical service offered by
                                                    existing functionality within the trading               Deputy Secretary.                                       the Exchange’s affiliate, EDGX
                                                    system regarding opening and reopening                  [FR Doc. 2015–14131 Filed 6–9–15; 8:45 am]
                                                                                                                                                                    Exchange, Inc. (‘‘EDGX’’).5
                                                    of options classes traded on the                                                                                   The text of the proposed rule change
                                                                                                            BILLING CODE 8011–01–P
                                                    Exchange. The proposed rule change                                                                              is available at the Exchange’s Web site
                                                    was published for comment in the                                                                                at www.batstrading.com, at the
                                                    Federal Register on December 10,                                                                                principal office of the Exchange, and at
                                                    2014.3 On January 23, 2015, the                                                                                 the Commission’s Public Reference
                                                    Commission extended the time period                                                                             Room.
                                                    within which to approve the proposed                                                                            II. Self-Regulatory Organization’s
                                                    rule change, disapprove the proposed                                                                            Statement of the Purpose of, and
                                                    rule change, or institute proceedings to                                                                        Statutory Basis for, the Proposed Rule
                                                    determine whether to disapprove the                                                                             Change
                                                    proposed rule change, to March 10,                         6 See Securities Exchange Act Release No. 74465
                                                                                                                                                                       In its filing with the Commission, the
                                                    2015.4 On March 10, 2015, the                           (March 10, 2015), 80 FR 13660 (March 16, 2015)
                                                                                                                                                                    Exchange included statements
                                                    Commission instituted proceedings                       (‘‘Order Instituting Proceedings’’).
                                                                                                                                                                    concerning the purpose of and basis for
                                                    under section 19(b)(2)(B) of the Act 5 to                  7 See Letter to Brent J. Fields, Secretary,
                                                                                                                                                                    the proposed rule change and discussed
                                                    determine whether to approve or                         Commission, from Mike Simon, Secretary and
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            General Counsel, dated May 13, 2015 (‘‘ISE Letter’’).
                                                                                                                                                                     1 15  U.S.C. 78s(b)(1).
                                                                                                               8 See Letter to Brent J. Fields, Secretary,
                                                      23 17  CFR 200.30–3(a)(12).                                                                                    2 17
                                                                                                            Commission, from Benjamin Londergan, Head of                   CFR 240.19b–4.
                                                       1 15 U.S.C. 78s(b)(1).                                                                                         3 15 U.S.C. 78s(b)(3)(A).
                                                       2 17 CFR 240.19b–4.
                                                                                                            Options Trading and Technology, Convergex
                                                                                                                                                                      4 17 CFR 240.19b–4(f)(6)(iii).
                                                       3 See Securities Exchange Act Release No. 73736
                                                                                                            Execution Solutions LLC, dated June 1, 2015.
                                                                                                                                                                      5 See EDGX Rule 13.9. See also Securities
                                                                                                               9 15 U.S.C. 78s(b)(2)(B)(ii)(I).
                                                    (December 4, 2014), 79 FR 73354.                                                                                Exchange Act Release Nos. 73780 (December 8,
                                                                                                               10 15 U.S.C. 78s(b)(2)(B)(ii)(II).
                                                       4 See Securities Exchange Act Release No. 74126
                                                                                                                                                                    2014), 79 FR 73942 (December 12, 2014) (SR–
                                                                                                               11 15 U.S.C. 78s(b)(2)(B)(ii)(II).
                                                    (January 23, 2015), 80 FR 4953 (January 29, 2015).                                                              EDGX–2014–28); and 74935 (May 12, 2015), 80 FR
                                                       5 15 U.S.C. 78s(b)(2)(B).                               12 17 CFR 200.30–3(a)(57).                           28335 (May 18, 2015) (SR–EDGX–2015–19).



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                                                    33002                        Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices

                                                    any comments it received on the                         responsible for identifying the                             Members would be able to utilize BATS
                                                    proposed rule change. The text of these                 appropriate destination for any orders                      Connect to connect to other market
                                                    statements may be examined at the                       sent through the service and for                            centers where other alternative
                                                    places specified in Item IV below. The                  ensuring that it had authority to access                    connection methods become
                                                    Exchange has prepared summaries, set                    the selected destination; the Exchange                      unavailable. BATS Connect would
                                                    forth in sections A, B, and C below, of                 would merely provide the connectivity                       operate in the same fashion as an
                                                    the most significant parts of such                      by which orders (and associated                             identical service, also called BATS
                                                    statements.                                             messages) could be routed by a                              Connect, offered by the Exchange’s
                                                                                                            participant to a destination and from the                   affiliate, EDGX.14 The proposed rule
                                                    (A) Self-Regulatory Organization’s
                                                                                                            destination back to the participant.9
                                                    Statement of the Purpose of, and                                                                                    change is also similar to a
                                                                                                               The Exchange will charge a monthly
                                                    Statutory Basis for, the Proposed Rule                  connectivity fee to Members utilizing                       communication and routing service
                                                    Change                                                  BATS Connect to route orders to other                       implemented by the Chicago Stock
                                                    1. Purpose                                              exchanges and broker-dealers that are                       Exchange, Inc. (‘‘CHX’’).15 The proposed
                                                                                                            connected to the Exchange’s network.                        rule change will also not permit unfair
                                                       The Exchange proposes to adopt Rule                                                                              discrimination among customers,
                                                    13.8 to describe a communication and                    BATS Connect would also allow
                                                                                                            participants to receive market data feeds                   brokers, or dealers because BATS
                                                    routing service known as BATS
                                                                                                            from the exchanges connected to the                         Connect will be available to all of the
                                                    Connect. The Exchange proposes to
                                                                                                            Exchange’s network. The Exchange will                       Exchange’s customers on an equivalent
                                                    offer BATS Connect on a voluntary basis
                                                    in a capacity similar to a vendor. BATS                 file a separate proposed rule change                        basis regardless of whether the servers
                                                    Connect would operate in the same                       with the Commission regarding the                           of the Member are located in the same
                                                    fashion as an identical service, also                   connectivity fees for order entry and                       facilities as the Exchange.
                                                    called BATS Connect, offered by the                     market data to be charged for the BATS
                                                                                                            Connect service.10                                          (B) Self-Regulatory Organization’s
                                                    Exchange’s affiliate, EDGX.6 BATS                                                                                   Statement on Burden on Competition
                                                    Connect is a communication service that                 2. Statutory Basis
                                                    provides Members 7 an additional                           The Exchange believes that its                             The Exchange does not believe that
                                                    means to receive market data from and                   proposal is consistent with the                             the proposed rule change will result in
                                                    route orders to any destination                         requirements of section 6(b) of the                         any burden on competition that is not
                                                    connected to Exchange’s network. BATS                   Act,11 in general, and section 6(b)(5) of                   necessary or appropriate in furtherance
                                                    Connect does not provide any advantage                  the Act,12 in particular, in that it                        of the purposes of the Act. To the
                                                    to subscribers for connecting to the                    promotes just and equitable principles                      contrary, the Exchange believes that the
                                                    Exchange’s affiliates 8 as compared to                  of trade, removes impediments to, and                       proposal will promote competition by
                                                    other method of connectivity available                  perfect the mechanism of, a free and                        the Exchange offering a service similar
                                                    to subscribers. The servers of the                      open market and a national market                           to those offered by the CHX and
                                                    Member need not be located in the same                  system, and, in general, protects                           NYSE.16 Thus, the Exchange believes
                                                    facilities as the Exchange in order to                  investors and the public interest.
                                                    subscribe to BATS Connect. Members                                                                                  this proposed rule change is necessary
                                                                                                            Specifically, the proposal is consistent                    to permit fair competition among
                                                    may also seek to utilize BATS Connect                   with section 6(b)(5) of the Act,13 in that
                                                    in the event of a market disruption                                                                                 national securities exchanges. In
                                                                                                            it provides Members an alternative                          addition, the proposed rule change is
                                                    where other alternative connection                      means to receive market data from and
                                                    methods become unavailable.                                                                                         designed to provide Members with an
                                                                                                            route orders to any destination                             alternative means to access other market
                                                       Specifically, this service would allow
                                                                                                            connected to the Exchange’s network,                        centers if they chose or in the event of
                                                    Members to route orders to other
                                                                                                            thereby removing impediments to and
                                                    exchanges and market centers that are                                                                               a market disruption where other
                                                                                                            perfecting the mechanism of a free and
                                                    connected to the Exchange’s network.                                                                                alternative connection methods become
                                                                                                            open market and a national market
                                                    This communications or routing service                                                                              unavailable. Therefore, the Exchange
                                                                                                            system, and, in general, protecting
                                                    would not effect trade executions and                                                                               does not believe the proposed rule
                                                                                                            investors and the public interest. In
                                                    would not report trades to the relevant                                                                             change will have any effect on
                                                                                                            addition, BATS Connect removes
                                                    Securities Information Processor. An                                                                                competition.
                                                                                                            impediments to and perfects the
                                                    order sent via the service does not pass
                                                                                                            mechanism of a free and open market                         (C) Self-Regulatory Organization’s
                                                    through the Exchange’s matching engine
                                                                                                            and a national market system because,                       Statement on Comments on the
                                                    before going to a market center outside
                                                                                                            in the event of a market disruption,                        Proposed Rule Change Received From
                                                    of the Exchange (i.e., a participant could
                                                    choose to route an order directly to any                   9 This service is an alternative to a service that the
                                                                                                                                                                        Members, Participants or Others
                                                    market center on the Exchange’s                         Exchange already provides to its Members—current
                                                    network). A participant would be                        order-sending Members route orders through access             The Exchange has neither solicited
                                                                                                            provided by the Exchange to the Exchange that               nor received written comments on the
                                                      6 See supra note 5.                                   either check the Exchange for available liquidity           proposed rule change.
                                                      7 The  term ‘‘Member’’ is defined as ‘‘any            and then route to other destinations or, in certain
                                                    registered broker or dealer, or any person associated   circumstances, bypass the Exchange and route to
                                                    with a registered broker or dealer, that has been       other destinations. See Exchange Rule 11.13(b)(3)             14 See supra note 5.
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                                                    admitted to membership in the Exchange. A               (setting forth routing options whereby Members                15 See
                                                                                                            may select their orders be routed to other market                    Securities Exchange Act Release No. 54846
                                                    Member will have the status of a ‘‘member’’ of the                                                                  (November 30, 2006), 71 FR 71003 (December 7,
                                                    Exchange as that term is defined in Section 3(a)(3)     centers).
                                                                                                               10 The Exchange understands that its affiliated          2006) (SR–CHX–2006–34) (Notice of Filing and
                                                    of the Act.’’ See Exchange Rule 1.5(n).
                                                      8 The Exchange’s affiliated exchanges are EDGX,       exchanges intend to file identical proposed rule            Immediate Effectiveness of Proposed Rule Change
                                                                                                            changes to adopt fees for the BATS Connect service          Regarding the Implementation of a Communication
                                                    EDGA Exchange, Inc., and BATS Y-Exchange, Inc.
                                                    The Exchange understands that its affiliated            with the Commission.                                        and Routing Service).
                                                                                                               11 15 U.S.C. 78f(b).                                       16 See NYSE’s SFTI Americas Product and Service
                                                    Exchange’s intend to file identical proposed rule
                                                                                                               12 15 U.S.C. 78f(b)(5).                                  List available at http://www.nyxdata.com/docs/
                                                    changes to adopt the BATS Connect service with
                                                    the Commission.                                            13 Id.                                                   connectivity. See supra note 15.



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                                                                                 Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices                                                   33003

                                                    III. Date of Effectiveness of the                       Commission shall institute proceedings                   For the Commission, by the Division of
                                                    Proposed Rule Change and Timing for                     to determine whether the proposed rule                 Trading and Markets, pursuant to delegated
                                                    Commission Action                                       should be approved or disapproved.                     authority.20
                                                                                                                                                                   Robert W. Errett,
                                                       Because the proposed rule change                     IV. Solicitation of Comments                           Deputy Secretary.
                                                    does not (i) significantly affect the
                                                                                                                                                                   [FR Doc. 2015–14134 Filed 6–9–15; 8:45 am]
                                                    protection of investors or the public                     Interested persons are invited to
                                                    interest; (ii) impose any significant                                                                          BILLING CODE 8011–01–P
                                                                                                            submit written data, views, and
                                                    burden on competition; and (iii) become                 arguments concerning the foregoing,
                                                    operative for 30 days from the date on                  including whether the proposed rule
                                                    which it was filed, or such shorter time                                                                       SECURITIES AND EXCHANGE
                                                                                                            change is consistent with the Act.                     COMMISSION
                                                    as the Commission may designate, the                    Comments may be submitted by any of
                                                    proposed rule change has become                         the following methods:                                 [Release No. 34–75109; File No. SR–CBOE–
                                                    effective pursuant to section 19(b)(3)(A)                                                                      2015–053]
                                                    of the Act and Rule 19b–4(f)(6)                         Electronic Comments
                                                    thereunder.17                                                                                                  Self-Regulatory Organizations;
                                                       A proposed rule change filed                           • Use the Commission’s Internet                      Chicago Board Options Exchange,
                                                    pursuant to Rule 19b–4(f)(6) under the                  comment form (http://www.sec.gov/                      Incorporated; Notice of Filing and
                                                    Act normally does not become operative                  rules/sro.shtml); or                                   Immediate Effectiveness of a Proposed
                                                    for 30 days after the date of its filing.                 • Send an email to rule-comments@                    Rule Change Relating to Intermarket
                                                    However, Rule 19b–4(f)(6)(iii) permits                  sec.gov. Please include File Number SR–                Order Routing
                                                    the Commission to designate a shorter                   BATS–2015–40 on the subject line.                      June 4, 2015.
                                                    time if such action is consistent with the                                                                        Pursuant to section 19(b)(1) of the
                                                    protection of investors and the public                  Paper Comments
                                                                                                                                                                   Securities Exchange Act of 1934
                                                    interest. The Exchange has asked the
                                                    Commission to waive the 30-day                            • Send paper comments in triplicate                  (‘‘Act’’),1 and Rule 19b–4 2 thereunder,
                                                                                                            to Brent J. Fields, Secretary, Securities              notice is hereby given that, on May 28,
                                                    operative delay so that the proposal may                                                                       2015, Chicago Board Options Exchange,
                                                    become operative immediately upon                       and Exchange Commission, 100 F Street
                                                                                                            NE., Washington, DC 20549–1090.                        Incorporated (the ‘‘Exchange’’ or
                                                    filing. Waiver of the 30-day operative                                                                         ‘‘CBOE’’) filed with the Securities and
                                                    delay would permit the Exchange to                      All submissions should refer to File                   Exchange Commission (‘‘SEC’’ or
                                                    provide Members with an alternative                     Number SR–BATS–2015–40. This file                      ‘‘Commission’’) the proposed rule
                                                    means to access other market centers,                   number should be included on the                       change as described in Items I, II, and
                                                    particularly in the event of a market                   subject line if email is used. To help the             III below, which Items have been
                                                    disruption. In addition, the Exchange                   Commission process and review your                     prepared by the Exchange. The
                                                    represents that BATS Connect does not                   comments more efficiently, please use                  Commission is publishing this notice to
                                                    provide any advantage to subscribers for                only one method. The Commission will                   solicit comments on the proposed rule
                                                    connecting to the Exchange’s affiliates                 post all comments on the Commission’s                  change from interested persons.
                                                    as compared to other methods of
                                                                                                            Internet Web site (http://www.sec.gov/                 I. Self-Regulatory Organization’s
                                                    connectivity available to subscribers.18
                                                                                                            rules/sro.shtml). Copies of the                        Statement of the Terms of Substance of
                                                    Based on the foregoing, the Commission
                                                                                                            submission, all subsequent                             the Proposed Rule Change
                                                    believes the waiver of the operative
                                                                                                            amendments, all written statements
                                                    delay is consistent with the protection                                                                           The Exchange proposes to amend
                                                                                                            with respect to the proposed rule
                                                    of investors and the public interest.19                                                                        Rule 6.14B regarding order routing to
                                                    The Commission hereby grants the                        change that are filed with the
                                                                                                            Commission, and all written                            other exchanges to include certain
                                                    waiver and designates the proposal                                                                             references to provisions of Rule 15c3–5
                                                    operative upon filing.                                  communications relating to the
                                                                                                            proposed rule change between the                       under the Act 3 and make certain
                                                       At any time within 60 days of the                                                                           miscellaneous non-substantive changes
                                                    filing of the proposed rule change, the                 Commission and any person, other than
                                                                                                                                                                   to the existing text of Rule 6.20. The text
                                                    Commission summarily may                                those that may be withheld from the
                                                                                                                                                                   of the proposed rule change is provided
                                                    temporarily suspend such rule change if                 public in accordance with the
                                                                                                                                                                   below. (additions are italicized;
                                                    it appears to the Commission that such                  provisions of 5 U.S.C. 552, will be
                                                                                                                                                                   deletions are [bracketed])
                                                    action is necessary or appropriate in the               available for Web site viewing and
                                                                                                            printing in the Commission’s Public                    *     *     *     *     *
                                                    public interest, for the protection of
                                                    investors, or otherwise in furtherance of               Reference Room, 100 F Street NE.,                      Chicago Board Options Exchange,
                                                    the purposes of the Act. If the                         Washington, DC 20549, on official                      Incorporated Rules
                                                    Commission takes such action, the                       business days between the hours of                     *           *    *   *     *
                                                                                                            10:00 a.m. and 3:00 p.m. Copies of the
                                                      17 In addition, Rule 19b–4(f)(6)(iii) requires the    filing will also be available for                      Rule 6.14B. Order Routing to Other
                                                    Exchange to give the Commission written notice of       inspection and copying at the principal                Exchanges
                                                    the Exchange’s intent to file the proposed rule
                                                    change, along with a brief description and text of
                                                                                                            office of the Exchange. All comments                     The Exchange may automatically
                                                    the proposed rule change, at least five business days   received will be posted without change;                route intermarket sweep orders to other
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                                                    prior to the date of filing of the proposed rule        the Commission does not edit personal                  exchanges under certain circumstances,
                                                    change, or such shorter time as designated by the       identifying information from
                                                    Commission. The Exchange has satisfied this
                                                                                                                                                                   including pursuant to Rule 6.14A
                                                    requirement.                                            submissions. You should submit only
                                                       18 See supra note 8.                                 information that you wish to make                          20 17
                                                                                                                                                                           CFR 200.30–3(a)(12).
                                                       19 For purposes only of waiving the 30-day           available publicly. All submissions                        1 15
                                                                                                                                                                          U.S.C. 78s(b)(1).
                                                                                                                                                                     2 17 CFR 240.19b–4.
                                                    operative delay, the Commission has also                should refer to File Number SR–BATS–
                                                    considered the proposed rule’s impact on                                                                         3 See Securities Exchange Act Release No. 63241

                                                    efficiency, competition, and capital formation. See
                                                                                                            2015–40 and should be submitted on or                  (November 3, 2010), 75 FR 69792 (November 15,
                                                    15 U.S.C. 78c(f).                                       before July 1, 2015.                                   2010).



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Document Created: 2015-12-15 15:17:31
Document Modified: 2015-12-15 15:17:31
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 33001 

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