80_FR_33428 80 FR 33316 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 13.9 Describing a Communication and Routing Service Known as BATS Connect

80 FR 33316 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 13.9 Describing a Communication and Routing Service Known as BATS Connect

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 112 (June 11, 2015)

Page Range33316-33318
FR Document2015-14241

Federal Register, Volume 80 Issue 112 (Thursday, June 11, 2015)
[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33316-33318]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14241]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75112; File No. SR-EDGA-2015-20]


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

June 5, 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, EDGA Exchange, Inc. (the ``Exchange'' or 
``EDGA'') 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 amend Rule 13.9 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.

[[Page 33317]]

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 Rule 13.9 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 
participant need not be located in the same facilities as the Exchange 
in order to subscribe to BATS Connect. Participants 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, BATS 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 participants 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 11.11(g) (setting forth routing options whereby Members may 
select their orders be routed to other market centers).
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    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).
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
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.

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[[Page 33318]]

(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, 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.
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    \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 [email protected]. Please include 
File Number SR-EDGA-2015-20 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-EDGA-2015-20. 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-EDGA-2015-20 and should be 
submitted on or before July 2, 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. 2015-14241 Filed 6-10-15; 8:45 am]
BILLING CODE 8011-01-P



                                                  33316                         Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices

                                                     Interested persons are invited to                      b. What sources of pricing                             For the Commission, by the Division of
                                                  submit written data, views, and                         information (both intraday and end-of-                 Trading and Markets, pursuant to delegated
                                                  arguments regarding whether the                         day) are available for centrally-cleared               authority.59
                                                  proposal, as modified by Amendment                      OTC Derivatives? What sources of                       Robert W. Errett,
                                                  No. 1 thereto, should be approved or                    pricing information (both intraday and                 Deputy Secretary.
                                                  disapproved by July 2, 2015. Any                        end-of-day) are available for non-                     [FR Doc. 2015–14242 Filed 6–10–15; 8:45 am]
                                                  person who wishes to file a rebuttal to                 centrally-cleared OTC Derivatives? Do                  BILLING CODE 8011–01–P
                                                  any other person’s submission must file                 the answers to these questions depend
                                                  that rebuttal by July 16, 2015. The                     upon the underlying reference asset?
                                                  Commission asks that commenters                           Comments may be submitted by any                     SECURITIES AND EXCHANGE
                                                  address the sufficiency of the                          of the following methods:                              COMMISSION
                                                  Exchange’s statements in support of the                                                                        [Release No. 34–75112; File No. SR–EDGA–
                                                  proposal, which are set forth in                        Electronic Comments                                    2015–20]
                                                  Amendment No. 1,57 in addition to any
                                                  other comments they may wish to                           • Use the Commission’s Internet                      Self-Regulatory Organizations; EDGA
                                                  submit about the proposed rule change.                  comment form (http://www.sec.gov/                      Exchange, Inc.; Notice of Filing and
                                                  In particular, the Commission seeks                     rules/sro.shtml); or                                   Immediate Effectiveness of a Proposed
                                                  comment on the following:                                 • Send an email to rule-comments@                    Rule Change to Rule 13.9 Describing a
                                                     1. In general, do commenters believe                 sec.gov. Please include File Number SR–                Communication and Routing Service
                                                  that the proposed listing requirements                  NYSEArca–2015–02 on the subject line.                  Known as BATS Connect
                                                  are adequate to deter manipulation of
                                                  the price of generically listed Managed                 Paper Comments                                         June 5, 2015.
                                                  Fund Shares and other trading abuses?                                                                             Pursuant to Section 19(b)(1) of the
                                                                                                            • Send paper comments in triplicate                  Securities Exchange Act of 1934 (the
                                                  If so, why? If not, why not?                            to Secretary, Securities and Exchange
                                                     2. The Exchange proposes to require                                                                         ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                          Commission, 100 F Street NE.,                          notice is hereby given that on May 27,
                                                  that, to qualify for generic listing, the               Washington, DC 20549–1090.                             2015, EDGA Exchange, Inc. (the
                                                  portfolio underlying the Managed Fund
                                                                                                          All submissions should refer to File                   ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
                                                  Shares must not hold more than certain
                                                                                                          Number SR–NYSEArca–2015–02. This                       Securities and Exchange Commission
                                                  percentages of OTC Derivatives,
                                                                                                          file number should be included on the                  (‘‘Commission’’) the proposed rule
                                                  specifically: No more than 60% of the
                                                                                                          subject line if email is used. To help the             change as described in Items I and II
                                                  value of the underlying portfolio may
                                                                                                          Commission process and review your                     below, which Items have been prepared
                                                  consist of OTC Derivatives,58 and no
                                                                                                          comments more efficiently, please use                  by the Exchange. The Exchange has
                                                  more than 20% of the value of the
                                                                                                          only one method. The Commission will                   designated this proposal as a ‘‘non-
                                                  underlying portfolio may consist of OTC
                                                                                                                                                                 controversial’’ proposed rule change
                                                  Derivatives that are not centrally-                     post all comments on the Commission’s
                                                                                                                                                                 pursuant to Section 19(b)(3)(A) of the
                                                  cleared.                                                Internet Web site (http://www.sec.gov/
                                                                                                                                                                 Act 3 and Rule 19b–4(f)(6)(iii)
                                                     a. ETF arbitrage mechanisms                          rules/sro.shtml). Copies of the
                                                                                                                                                                 thereunder,4 which renders it effective
                                                  generally are designed to maintain                      submission, all subsequent
                                                                                                                                                                 upon filing with the Commission. The
                                                  alignment between intraday trading                      amendments, all written statements
                                                                                                                                                                 Commission is publishing this notice to
                                                  prices of ETF shares and the                            with respect to the proposed rule
                                                                                                                                                                 solicit comments on the proposed rule
                                                  contemporaneous value of the                            change that are filed with the
                                                                                                                                                                 change from interested persons.
                                                  underlying portfolio. Are the proposed                  Commission, and all written
                                                  limits for OTC Derivatives sufficient to                communications relating to the                         I. Self-Regulatory Organization’s
                                                  support effective and efficient arbitrage               proposed rule change between the                       Statement of the Terms of Substance of
                                                  activity in generically listed Managed                  Commission and any person, other than                  the Proposed Rule Change
                                                  Fund Shares? Will the proposed limits                   those that may be withheld from the                       The Exchange is proposing to amend
                                                  on OTC Derivatives facilitate alignment                 public in accordance with the                          Rule 13.9 to describe a communication
                                                  of the secondary market price of                        provisions of 5 U.S.C. 552, will be                    and routing service known as BATS
                                                  generically listed Managed Fund Shares                  available for Web site viewing and                     Connect. The proposed rule change is
                                                  with the value of their underlying                      printing in the Commission’s Public                    based on an identical service offered by
                                                  portfolio? Why or why not? Are                          Reference Room, 100 F Street NE.,                      the Exchange’s affiliate, EDGX
                                                  different percentages more appropriate?                 Washington, DC 20549, on official                      Exchange, Inc. (‘‘EDGX’’).5
                                                  If so, what should they be and why?                     business days between the hours of                        The text of the proposed rule change
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of the                 is available at the Exchange’s Web site
                                                  flexibility to determine what type of proceeding—       filing also will be available for                      at www.batstrading.com, at the
                                                  either oral or notice and opportunity for written       inspection and copying at the principal                principal office of the Exchange, and at
                                                  comments—is appropriate for consideration of a          office of the Exchange. All comments                   the Commission’s Public Reference
                                                  particular proposal by a self-regulatory
                                                  organization. See Securities Act Amendments of
                                                                                                          received will be posted without change;                Room.
                                                  1975, Senate Comm. on Banking, Housing & Urban          the Commission does not edit personal
                                                  Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30       identifying information from                             59 17 CFR 200.30–3(a)(12) and 17 CFR 200.30–

                                                  (1975).                                                 submissions. You should submit only                    3(a)(57).
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                     57 See supra note 9.                                                                                          1 15 U.S.C. 78s(b)(1).

                                                     58 The Exchange states that currently there are
                                                                                                          information that you wish to make                        2 17 CFR 240.19b–4.

                                                  five categories of swaps eligible for central
                                                                                                          available publicly. All submissions                      3 15 U.S.C. 78s(b)(3)(A).

                                                  clearing—interest rate swaps; credit default swaps;     should refer to File Number SR–                          4 17 CFR 240.19b–4(f)(6)(iii).

                                                  foreign exchange swaps; equity swaps; and               NYSEArca–2015–02 and should be                           5 See EDGX Rule 13.9. See also Securities
                                                  commodity swaps—and that the following entities         submitted on or before July 2, 2015.                   Exchange Act Release Nos. 73780 (December 8,
                                                  provide central clearing for OTC derivatives: ICE                                                              2014), 79 FR 73942 (December 12, 2014) (SR–
                                                  Clear Credit (US); ICE Clear (EU); CME Group;
                                                                                                          Rebuttal comments should be submitted                  EDGX–2014–28); and 74935 (May 12, 2015), 80 FR
                                                  LCH.Clearnet; and Eurex. See supra note 49.             by July 16, 2015.                                      28335 (May 18, 2015) (SR–EDGX–2015–19).



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                                                                                Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices                                                       33317

                                                  II. Self-Regulatory Organization’s                      would not effect trade executions and                       thereby removing impediments to and
                                                  Statement of the Purpose of, and                        would not report trades to the relevant                     perfecting the mechanism of a free and
                                                  Statutory Basis for, the Proposed Rule                  Securities Information Processor. An                        open market and a national market
                                                  Change                                                  order sent via the service does not pass                    system, and, in general, protecting
                                                     In its filing with the Commission, the               through the Exchange’s matching engine                      investors and the public interest. In
                                                  Exchange included statements                            before going to a market center outside                     addition, BATS Connect removes
                                                  concerning the purpose of and basis for                 of the Exchange (i.e., a participant could                  impediments to and perfects the
                                                  the proposed rule change and discussed                  choose to route an order directly to any                    mechanism of a free and open market
                                                  any comments it received on the                         market center on the Exchange’s                             and a national market system because,
                                                  proposed rule change. The text of these                 network). A participant would be                            in the event of a market disruption,
                                                  statements may be examined at the                       responsible for identifying the                             Members would be able to utilize BATS
                                                                                                          appropriate destination for any orders                      Connect to connect to other market
                                                  places specified in Item IV below. The
                                                                                                          sent through the service and for
                                                  Exchange has prepared summaries, set                                                                                centers where other alternative
                                                                                                          ensuring that it had authority to access
                                                  forth in Sections A, B, and C below, of                                                                             connection methods become
                                                                                                          the selected destination; the Exchange
                                                  the most significant parts of such                                                                                  unavailable. BATS Connect would
                                                                                                          would merely provide the connectivity
                                                  statements.                                                                                                         operate in the same fashion as an
                                                                                                          by which orders (and associated
                                                  (A) Self-Regulatory Organization’s                      messages) could be routed by a                              identical service, also called BATS
                                                  Statement of the Purpose of, and                        participant to a destination and from the                   Connect, offered by the Exchange’s
                                                  Statutory Basis for, the Proposed Rule                  destination back to the participant.9                       affiliate, EDGX.14 The proposed rule
                                                  Change                                                     The Exchange will charge a monthly                       change is also similar to a
                                                                                                          connectivity fee to Members utilizing                       communication and routing service
                                                  1. Purpose                                              BATS Connect to route orders to other                       implemented by the Chicago Stock
                                                     The Exchange proposes to amend                       exchanges and broker-dealers that are                       Exchange, Inc. (‘‘CHX’’).15 The proposed
                                                  Rule 13.9 to describe a communication                   connected to the Exchange’s network.                        rule change will also not permit unfair
                                                  and routing service known as BATS                       BATS Connect would also allow                               discrimination among customers,
                                                  Connect. The Exchange proposes to                       participants to receive market data feeds                   brokers, or dealers because BATS
                                                  offer BATS Connect on a voluntary basis                 from the exchanges connected to the                         Connect will be available to all of the
                                                  in a capacity similar to a vendor. BATS                 Exchange’s network. The Exchange will                       Exchange’s customers on an equivalent
                                                  Connect would operate in the same                       file a separate proposed rule change                        basis regardless of whether the servers
                                                  fashion as an identical service, also                   with the Commission regarding the                           of the Member are located in the same
                                                  called BATS Connect, offered by the                     connectivity fees for order entry and                       facilities as the Exchange.
                                                  Exchange’s affiliate, EDGX.6 BATS                       market data to be charged for the BATS
                                                  Connect is a communication service that                 Connect service.10                                          (B) Self-Regulatory Organization’s
                                                  provides Members 7 an additional                                                                                    Statement on Burden on Competition
                                                                                                          2. Statutory Basis
                                                  means to receive market data from and
                                                                                                             The Exchange believes that its                             The Exchange does not believe that
                                                  route orders to any destination
                                                  connected to Exchange’s network. BATS                   proposal is consistent with the                             the proposed rule change will result in
                                                  Connect does not provide any advantage                  requirements of Section 6(b) of the                         any burden on competition that is not
                                                  to subscribers for connecting to the                    Act,11 in general, and Section 6(b)(5) of                   necessary or appropriate in furtherance
                                                  Exchange’s affiliates 8 as compared to                  the Act,12 in particular, in that it                        of the purposes of the Act. To the
                                                  other method of connectivity available                  promotes just and equitable principles                      contrary, the Exchange believes that the
                                                  to subscribers. The servers of the                      of trade, removes impediments to, and                       proposal will promote competition by
                                                  participant need not be located in the                  perfect the mechanism of, a free and                        the Exchange offering a service similar
                                                  same facilities as the Exchange in order                open market and a national market                           to those offered by the CHX and
                                                  to subscribe to BATS Connect.                           system, and, in general, protects                           NYSE.16 Thus, the Exchange believes
                                                  Participants may also seek to utilize                   investors and the public interest.                          this proposed rule change is necessary
                                                  BATS Connect in the event of a market                   Specifically, the proposal is consistent                    to permit fair competition among
                                                  disruption where other alternative                      with Section 6(b)(5) of the Act,13 in that                  national securities exchanges. In
                                                  connection methods become                               it provides Members an alternative                          addition, the proposed rule change is
                                                  unavailable.                                            means to receive market data from and                       designed to provide Members with an
                                                     Specifically, this service would allow               route orders to any destination                             alternative means to access other market
                                                  participants to route orders to other                   connected to the Exchange’s network,                        centers if they chose or in the event of
                                                  exchanges and market centers that are                      9 This service is an alternative to a service that the
                                                                                                                                                                      a market disruption where other
                                                  connected to the Exchange’s network.                    Exchange already provides to its Members—current
                                                                                                                                                                      alternative connection methods become
                                                  This communications or routing service                  order-sending Members route orders through access           unavailable. Therefore, the Exchange
                                                                                                          provided by the Exchange to the Exchange that               does not believe the proposed rule
                                                    6 See supra note 5.                                   either check the Exchange for available liquidity           change will have any effect on
                                                    7 The  term ‘‘Member’’ is defined as ‘‘any            and then route to other destinations or, in certain
                                                                                                          circumstances, bypass the Exchange and route to             competition.
                                                  registered broker or dealer, or any person associated
                                                  with a registered broker or dealer, that has been       other destinations. See Exchange Rule 11.11(g)
                                                  admitted to membership in the Exchange. A               (setting forth routing options whereby Members                14 See supra note 5.
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                                                  Member will have the status of a ‘‘member’’ of the      may select their orders be routed to other market             15 See Securities Exchange Act Release No. 54846
                                                  Exchange as that term is defined in Section 3(a)(3)     centers).                                                   (November 30, 2006), 71 FR 71003 (December 7,
                                                                                                             10 The Exchange understands that its affiliated
                                                  of the Act.’’ See Exchange Rule 1.5(n).                                                                             2006) (SR–CHX–2006–34) (Notice of Filing and
                                                    8 The Exchange’s affiliated exchanges are EDGX,       exchanges intend to file identical proposed rule            Immediate Effectiveness of Proposed Rule Change
                                                  BATS Exchange, Inc., and BATS Y-Exchange, Inc.          changes to adopt fees for the BATS Connect service          Regarding the Implementation of a Communication
                                                  The Exchange understands that its affiliated            with the Commission.                                        and Routing Service).
                                                                                                             11 15 U.S.C. 78f(b).
                                                  Exchange’s intend to file identical proposed rule                                                                     16 See NYSE’s SFTI Americas Product and Service
                                                                                                             12 15 U.S.C. 78f(b)(5).
                                                  changes to adopt the BATS Connect service with                                                                      List available at http://www.nyxdata.com/docs/
                                                  the Commission.                                            13 Id.                                                   connectivity. See supra note 15.



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                                                  33318                         Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices

                                                  (C) Self-Regulatory Organization’s                      Commission summarily may                               available publicly. All submissions
                                                  Statement on Comments on the                            temporarily suspend such rule change if                should refer to File Number SR–EDGA–
                                                  Proposed Rule Change Received From                      it appears to the Commission that such                 2015–20 and should be submitted on or
                                                  Members, Participants or Others                         action is necessary or appropriate in the              before July 2, 2015.
                                                    The Exchange has neither solicited                    public interest, for the protection of                   For the Commission, by the Division of
                                                  nor received written comments on the                    investors, or otherwise in furtherance of              Trading and Markets, pursuant to delegated
                                                  proposed rule change.                                   the purposes of the Act. If the                        authority.20
                                                                                                          Commission takes such action, the                      Robert W. Errett,
                                                  III. Date of Effectiveness of the                       Commission shall institute proceedings
                                                  Proposed Rule Change and Timing for                                                                            Deputy Secretary.
                                                                                                          to determine whether the proposed rule
                                                  Commission Action                                                                                              [FR Doc. 2015–14241 Filed 6–10–15; 8:45 am]
                                                                                                          should be approved or disapproved.
                                                                                                                                                                 BILLING CODE 8011–01–P
                                                     Because the proposed rule change                     IV. Solicitation of Comments
                                                  does not (i) significantly affect the
                                                  protection of investors or the public                     Interested persons are invited to
                                                                                                          submit written data, views, and                        SECURITIES AND EXCHANGE
                                                  interest; (ii) impose any significant                                                                          COMMISSION
                                                  burden on competition; and (iii) become                 arguments concerning the foregoing,
                                                  operative for 30 days from the date on                  including whether the proposed rule
                                                                                                                                                                 Submission for OMB Review;
                                                  which it was filed, or such shorter time                change is consistent with the Act.
                                                                                                                                                                 Comment Request
                                                  as the Commission may designate, the                    Comments may be submitted by any of
                                                  proposed rule change has become                         the following methods:                                 Upon Written Request, Copies Available
                                                  effective pursuant to Section 19(b)(3)(A)                                                                       From: Securities and Exchange
                                                                                                          Electronic Comments
                                                  of the Act and Rule 19b–4(f)(6)                                                                                 Commission, Office of FOIA Services,
                                                                                                            • Use the Commission’s Internet                       100 F Street NE., Washington, DC
                                                  thereunder.17                                           comment form (http://www.sec.gov/
                                                     A proposed rule change filed                                                                                 20549–2736.
                                                                                                          rules/sro.shtml); or                                   Extension:
                                                  pursuant to Rule 19b–4(f)(6) under the                    • Send an email to rule-comments@                      Rule 17f–6; OMB Control No. 3235–0447,
                                                  Act normally does not become operative                  sec.gov. Please include File Number SR–                    SEC File No. 270–392.
                                                  for 30 days after the date of its filing.               EDGA–2015–20 on the subject line.
                                                  However, Rule 19b–4(f)(6)(iii) permits                                                                            Notice is hereby given that, under the
                                                  the Commission to designate a shorter                   Paper Comments                                         Paperwork Reduction Act of 1995 (44
                                                                                                                                                                 U.S.C. 3501–3520), the Securities and
                                                  time if such action is consistent with the                 • Send paper comments in triplicate                 Exchange Commission (the
                                                  protection of investors and the public                  to Brent J. Fields, Secretary, Securities
                                                  interest. The Exchange has asked the                                                                           ‘‘Commission’’) has submitted to the
                                                                                                          and Exchange Commission, 100 F Street                  Office of Management and Budget a
                                                  Commission to waive the 30-day                          NE., Washington, DC 20549–1090.
                                                  operative delay so that the proposal may                                                                       request for extension of the previously
                                                                                                          All submissions should refer to File                   approved collection of information
                                                  become operative immediately upon                       Number SR–EDGA–2015–20. This file
                                                  filing. Waiver of the 30-day operative                                                                         discussed below.
                                                                                                          number should be included on the                          Rule 17f–6 (17 CFR 270.17f–6) under
                                                  delay would permit the Exchange to                      subject line if email is used. To help the             the Investment Company Act of 1940
                                                  provide Members with an alternative                     Commission process and review your                     (15 U.S.C. 80a) permits registered
                                                  means to access other market centers,                   comments more efficiently, please use                  investment companies (‘‘funds’’) to
                                                  particularly in the event of a market                   only one method. The Commission will                   maintain assets (i.e., margin) with
                                                  disruption. In addition, the Exchange                   post all comments on the Commission’s                  futures commission merchants
                                                  represents that BATS Connect does not                   Internet Web site (http://www.sec.gov/                 (‘‘FCMs’’) in connection with
                                                  provide any advantage to subscribers for                rules/sro.shtml). Copies of the                        commodity transactions effected on
                                                  connecting to the Exchange’s affiliates                 submission, all subsequent                             both domestic and foreign exchanges.
                                                  as compared to other methods of                         amendments, all written statements                     Before the rule was adopted, funds
                                                  connectivity available to subscribers.18                with respect to the proposed rule                      generally were required to maintain
                                                  Based on the foregoing, the Commission                  change that are filed with the                         such assets in special accounts with a
                                                  believes the waiver of the operative                    Commission, and all written                            custodian bank.
                                                  delay is consistent with the protection                 communications relating to the                            The rule requires a written contract
                                                  of investors and the public interest.19                 proposed rule change between the                       that contains certain provisions
                                                  The Commission hereby grants the                        Commission and any person, other than                  designed to ensure important safeguards
                                                  waiver and designates the proposal                      those that may be withheld from the                    and other benefits relating to the
                                                  operative upon filing.                                  public in accordance with the                          custody of fund assets by FCMs. To
                                                     At any time within 60 days of the                    provisions of 5 U.S.C. 552, will be                    protect fund assets, the contract must
                                                  filing of the proposed rule change, the                 available for Web site viewing and                     require that FCMs comply with the
                                                     17 In addition, Rule 19b–4(f)(6)(iii) requires the
                                                                                                          printing in the Commission’s Public                    segregation or secured amount
                                                  Exchange to give the Commission written notice of
                                                                                                          Reference Room, 100 F Street NE.,                      requirements of the Commodity
                                                  the Exchange’s intent to file the proposed rule         Washington, DC 20549, on official                      Exchange Act (‘‘CEA’’) and the rules
                                                  change, along with a brief description and text of      business days between the hours of                     under that statute. The contract also
                                                  the proposed rule change, at least five business days   10:00 a.m. and 3:00 p.m. Copies of the                 must contain a requirement that FCMs
                                                  prior to the date of filing of the proposed rule
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                                                  change, or such shorter time as designated by the
                                                                                                          filing will also be available for                      obtain an acknowledgment from any
                                                  Commission. The Exchange has satisfied this             inspection and copying at the principal                clearing organization that the fund’s
                                                  requirement.                                            office of the Exchange. All comments                   assets are held on behalf of the FCM’s
                                                     18 See supra note 8.
                                                                                                          received will be posted without change;                customers according to CEA provisions.
                                                     19 For purposes only of waiving the 30-day
                                                                                                          the Commission does not edit personal                     Because rule 17f–6 does not impose
                                                  operative delay, the Commission has also
                                                  considered the proposed rule’s impact on
                                                                                                          identifying information from                           any ongoing obligations on funds or
                                                  efficiency, competition, and capital formation. See     submissions. You should submit only
                                                  15 U.S.C. 78c(f).                                       information that you wish to make                        20 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-15 15:07:04
Document Modified: 2015-12-15 15:07:04
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 33316 

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