80_FR_38624 80 FR 38496 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.9 of BATS Exchange, Inc., To Modify its Price Adjust Functionality

80 FR 38496 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.9 of BATS Exchange, Inc., To Modify its Price Adjust Functionality

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 128 (July 6, 2015)

Page Range38496-38498
FR Document2015-16414

Federal Register, Volume 80 Issue 128 (Monday, July 6, 2015)
[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38496-38498]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16414]



[[Page 38496]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75324; File No. SR-BATS-2015-47]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Rule 11.9 of BATS Exchange, Inc., To Modify its Price Adjust 
Functionality

June 29, 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 June 16, 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 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 11.9 to modify the 
Exchange's Price Adjust functionality, as described below.
    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant parts of such 
statements.

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

1. Purpose
    The Exchange currently offers various forms of sliding, which, in 
all cases, result in the re-pricing of an order to, or ranking and/or 
display of an order at, a price other than an order's limit price in 
order to comply with applicable securities laws and/or Exchange rules. 
Specifically, the Exchange currently offers price sliding to ensure 
compliance with Regulation NMS and Regulation SHO. Price sliding 
currently offered by the Exchange re-prices and displays an order upon 
entry and in certain cases again re-prices and re-displays an order at 
a more aggressive price one time if and when permissible (``single 
display-price sliding''), and optionally continually re-prices an order 
(``multiple display-price sliding'') based on changes in the national 
best bid (``NBB'') or national best offer (``NBO'', and together with 
the NBB, the ``NBBO''). The Exchange proposes to modify one form of 
price sliding offered by the Exchange, the Price Adjust process, as 
described below, in order to align more closely with the Exchange's 
other form of price sliding, the display-price sliding process.
    The Exchange's display-price sliding functionality is designed to 
avoid locking or crossing other markets' Protected Quotations, but does 
not price slide to avoid executions on the Exchange's order book 
(``BATS Book''). Specifically, when the Exchange receives an incoming 
order designated with a display-price sliding instruction that could 
execute against resting displayed liquidity on the BATS Book, it will 
execute against such liquidity. However, when an execution against 
resting displayed liquidity does not occur because an incoming order is 
designated as an order that will not remove liquidity (i.e., a BATS 
Post Only Order), then the Exchange will cancel the incoming order. In 
contrast to display-price sliding, which is based solely on Protected 
Quotations \3\ at external markets other than the Exchange, Price 
Adjust is currently based on Protected Quotations at external markets 
and at the Exchange. Under the Price Adjust process, if the Exchange 
has a Protected Quotation that an incoming order to the Exchange locks 
or crosses then such order executes against the resting order, or, if 
the incoming order is a BATS Post Only Order or Partial Post Only at 
Limit Order, such order would be executed in accordance with Rules 
11.9(c)(6) and (c)(7), respectively,\4\ or would be adjusted pursuant 
to the Price Adjust process. The Exchange proposes to modify the Price 
Adjust process so that it is applicable only with respect to quotations 
of external markets, which, as noted above, is how the display-price 
sliding process currently operates on the Exchange.
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    \3\ As defined in BATS Rule 1.5(t), a ``Protected Quotation'' is 
``a quotation that is a Protected Bid or Protected Offer.'' In turn, 
the term ``Protected Bid'' or ``Protected Offer'' means ``a bid or 
offer in a stock that is (i) displayed by an automated trading 
center; (ii) disseminated pursuant to an effective national market 
system plan; and (iii) an automated quotation that is the best bid 
or best offer of a national securities exchange or association.''
    \4\ The Exchange notes that BATS Post Only Orders are permitted 
to remove liquidity from the BATS Book if the value of price 
improvement associated with such execution equals or exceeds the sum 
of fees charged for such execution and the value of any rebate that 
would be provided if the order posted to the BATS Book and 
subsequently provided liquidity. See Rule 11.9(c)(6). Similarly, 
Partial Post Only at Limit Orders are permitted to remove price 
improving liquidity as well as a User-selected percentage of the 
remaining order at the limit price if, following such removal, the 
order can post at its limit price. See Rule 11.9(c)(7).
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    As proposed, under the Price Adjust process, an order eligible for 
display by the Exchange that, at the time of entry, would create a 
violation of Rule 610(d) of Regulation NMS by locking or crossing a 
Protected Quotation of an external market will be ranked and displayed 
by the System at one minimum price variation below the current NBO (for 
bids) or to one minimum price variation above the current NBB (for 
offers). However, as is true for the current display-price sliding 
process, the Price Adjust process would not adjust the price of a BATS 
Post Only Order or Partial Post Only at Limit Order that would lock or 
cross an order displayed by the Exchange but rather, would either 
execute \5\ or cancel such order upon entry. Further, to the extent the 
NBBO changes such that a BATS Post Only Order subject to the Price 
Adjust process would be ranked at a price at which it could remove 
displayed liquidity from the BATS Book, the order will be executed as 
set forth in Rule 11.9(c)(6) or cancelled.
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    \5\ See id.
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    As an example of the Price Adjust process, assume the Exchange has 
a posted and displayed bid to buy 100 shares of a security priced at 
$10.10 per share and a posted and displayed offer to sell 100 shares at 
$10.11 per share. Assume the NBBO is $10.10 by $10.11, which includes 
an offer of $10.11 displayed by at least one other market.
     Under the current functionality, if the Exchange receives 
a Post Only bid to buy 100 shares at $10.11 per share with a Price 
Adjust instruction the Exchange will rank and display the order to buy 
at $10.10 because displaying the bid at $10.11 would lock the offer to 
sell for $10.11 displayed by the Exchange (as well as one or more 
external markets).

[[Page 38497]]

     As proposed, however, if the Exchange receives a Post Only 
bid to buy 100 shares at $10.11 per share with a Price Adjust 
instruction the Exchange will cancel the order back because displaying 
the bid at $10.11 would lock the offer to sell for $10.11 displayed by 
the Exchange (as well as one or more external markets) and the 
Exchange's Price Adjust functionality would no longer price slide past 
a displayed order resting on the Exchange.
     Assume however, that all facts are the same as the 
immediately preceding example except that the Exchange's best offer is 
displayed at $10.12. Because an incoming Post Only bid to buy 100 
shares at $10.11 could be displayed by the Exchange but would lock the 
Protected Quotation of one or more external markets at that price, the 
Exchange would re-price and display the order to buy at $10.10.
    In addition to the change proposed above, the Exchange proposes to 
correct two aspects of the Exchange's current rule regarding the 
display-price sliding process. First, the Exchange proposes to modify 
Rule 11.9(g)(1)(D), which states that ``any'' display-eligible BATS 
Post Only Order or Partial Post Only at Limit order that locks or 
crosses a Protected Quotation displayed by an external market upon 
entry will be subject to the display-price sliding process. Because an 
order can also be subject to the Price Adjust process or no price 
sliding option at all, the Exchange proposes to instead start this 
provision with ``depending on User instructions.'' The Exchange 
proposes to use this same language in the proposed revision to Rule 
11.9(g)(2)(D) with respect to Price Adjust. Second, the Exchange 
proposes to modify the cross-reference at the end of Rule 11.9(g)(2)(D) 
from 11.9(c)(7) to 11.9(c)(6) to accurately refer to the rule 
applicable to BATS Post Only Orders.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent 
with section 6(b) of the Securities Exchange Act of 1934 (the ``Act'') 
\6\ and further the objectives of section 6(b)(5) of the Act \7\ 
because they are designed to promote just and equitable principles of 
trade, to remove impediments to and perfect the mechanism of a free and 
open market and a national market system, to foster cooperation and 
coordination with persons engaged in facilitating transactions in 
securities, and, in general, to protect investors and the public 
interest. The proposed rule change also is designed to support the 
principles of section 11A(a)(1) \8\ of the Act in that it seeks to 
assure fair competition among brokers and dealers and among exchange 
markets.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ 15 U.S.C. 78k-1(a)(1).
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    The Exchange believes that the proposed change to Price Adjust is 
consistent with section 6(b)(5) of the Act,\9\ as well as Rule 610 of 
Regulation NMS \10\ and Rule 201 of Regulation SHO.\11\ The Exchange is 
not modifying the overall functionality of Price Adjust, which is 
designed to avoid locking or crossing quotations of other market 
centers or to comply with applicable short sale restrictions. Instead, 
the Exchange is proposing changes to Price Adjust to more closely 
mirror the display-price sliding process, such that neither form of 
price sliding functionality adjusts the price of an order to avoid 
locking or crossing an order displayed by the Exchange, and instead, 
such an order will either be cancelled or executed by the Exchange. As 
noted above, in contrast to display-price sliding, which is based 
solely on Protected Quotations of external markets, the Price Adjust 
process is currently based on Protected Quotations at external markets 
and at the Exchange.
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    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 17 CFR 242.610.
    \11\ 17 CFR 242.201.
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    Rule 610(d) requires exchanges to establish, maintain, and enforce 
rules that require members reasonably to avoid ``[d]isplaying 
quotations that lock or cross any protected quotation in an NMS 
stock.'' \12\ Such rules must be ``reasonably designed to assure the 
reconciliation of locked or crossed quotations in an NMS stock,'' and 
must ``prohibit . . . members from engaging in a pattern or practice of 
displaying quotations that lock or cross any protected quotation in an 
NMS stock.'' \13\ The Price Adjust process, as amended will continue to 
assist Users by displaying orders at permissible prices or rejecting 
them if the Exchange has displayed liquidity that would preclude their 
display. Similarly, Rule 201 of Regulation SHO \14\ requires trading 
centers to establish, maintain, and enforce written policies and 
procedures reasonably designed to prevent the execution or display of a 
short sale order at a price at or below the current NBB under certain 
circumstances. The Exchange's short sale price sliding will continue to 
operate the same for Users of Price Adjust as it does for Users that 
select the display-price sliding process offered by the Exchange.
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    \12\ 17 CFR 242.610(d).
    \13\ Id.
    \14\ 17 CFR 242.201.
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    Thus, if the Exchange has a Protected Quotation that an incoming 
order to the Exchange locks or crosses then such incoming order will 
execute against the resting order, or, if the incoming order is a BATS 
Post Only Order or Partial Post Only at Limit Order, such order would 
be executed in accordance with Rules 11.9(c)(6) and (c)(7), 
respectively, or cancelled. The Exchange believes that it is reasonable 
and consistent with the Act to cancel orders on entry that cannot 
executed or displayed at their limit price because this is consistent 
with display-price sliding functionality. Therefore, the Exchange 
believes the proposal to apply the Price Adjust process to orders that 
cannot be displayed because they would lock or cross displayed contra-
side interest on the Exchange will promote just and equitable 
principles of trade, remove impediments to, and perfect the mechanism 
of, a free and open market and a national market system. The Exchange 
also reiterates that the proposed change to the Price Adjust process 
will continue to enable the System to avoid displaying a locking or 
crossing quotation in order to ensure compliance with Rule 610(d) of 
Regulation NMS.

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. The proposed 
rule change is being proposed as minor modification to functionality 
offered by the Exchange that will ensure that the Exchange's Price 
Adjust process is consistent with the display-price sliding process 
offered by the Exchange today.

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

    The Exchange has designated this rule filing as non-controversial 
under section 19(b)(3)(A) of the Act \15\ and paragraph (f)(6) of Rule 
19b-4 thereunder.\16\ The

[[Page 38498]]

proposed rule change effects a change that (A) does not significantly 
affect the protection of investors or the public interest; (B) does not 
impose any significant burden on competition; and (C) by its terms, 
does not become operative for 30 days after the date of the filing, or 
such shorter time as the Commission may designate if consistent with 
the protection of investors and the public interest; provided that the 
self-regulatory organization has given the Commission written notice of 
its 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 
provided the Commission with written notice of its 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 
this filing.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4.
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    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii), the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that BATS may 
implement the proposed rule change immediately. The Exchange has 
represented that it has alerted its Members of the proposed change \18\ 
and that those currently utilizing Price Adjust functionality would not 
need to make any system changes in connection with the proposed change. 
The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest as 
it will align the display-price sliding functionality and Price Adjust 
functionality and help harmonize the Exchange's rulebook. Therefore, 
the Commission hereby waives the 30-day operative delay and designates 
the proposed rule change to be operative upon filing with the 
Commission.\19\
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    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ See BATS Trade Desk Notice dated May 19, 2015, ``BATS 
Update to Post Only Price Adjust Logic Effective Friday, June 19, 
2015 on BZX,'' available at www.batstrading.com/alerts under Release 
Notes.
    \19\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily temporarily suspend such rule 
change if it appears to the Commission that such action is: (1) 
Necessary or appropriate in the public interest; (2) for the protection 
of investors; or (3) otherwise in furtherance of the purposes of the 
Act. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the 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-BATS-2015-47 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-2015-47. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal offices 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-2015-47, 
and should be submitted on or before July 27, 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).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-16414 Filed 7-2-15; 8:45 am]
 BILLING CODE 8011-01-P



                                             38496                               Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices

                                             SECURITIES AND EXCHANGE                                     result in the re-pricing of an order to, or              accordance with Rules 11.9(c)(6) and
                                             COMMISSION                                                  ranking and/or display of an order at, a                 (c)(7), respectively,4 or would be
                                                                                                         price other than an order’s limit price in               adjusted pursuant to the Price Adjust
                                             [Release No. 34–75324; File No. SR–BATS–
                                             2015–47]
                                                                                                         order to comply with applicable                          process. The Exchange proposes to
                                                                                                         securities laws and/or Exchange rules.                   modify the Price Adjust process so that
                                             Self-Regulatory Organizations; BATS                         Specifically, the Exchange currently                     it is applicable only with respect to
                                             Exchange, Inc.; Notice of Filing and                        offers price sliding to ensure                           quotations of external markets, which,
                                             Immediate Effectiveness of a Proposed                       compliance with Regulation NMS and                       as noted above, is how the display-price
                                             Rule Change To Amend Rule 11.9 of                           Regulation SHO. Price sliding currently                  sliding process currently operates on the
                                             BATS Exchange, Inc., To Modify its                          offered by the Exchange re-prices and                    Exchange.
                                             Price Adjust Functionality                                  displays an order upon entry and in                         As proposed, under the Price Adjust
                                                                                                         certain cases again re-prices and re-                    process, an order eligible for display by
                                             June 29, 2015.                                              displays an order at a more aggressive                   the Exchange that, at the time of entry,
                                                Pursuant to section 19(b)(1) of the                      price one time if and when permissible                   would create a violation of Rule 610(d)
                                             Securities Exchange Act of 1934 (the                        (‘‘single display-price sliding’’), and                  of Regulation NMS by locking or
                                             ‘‘Act’’),1 and Rule 19b–4 thereunder,2                      optionally continually re-prices an order                crossing a Protected Quotation of an
                                             notice is hereby given that on June 16,                     (‘‘multiple display-price sliding’’) based               external market will be ranked and
                                             2015, BATS Exchange, Inc. (the                              on changes in the national best bid                      displayed by the System at one
                                             ‘‘Exchange’’ or ‘‘BATS’’) filed with the                    (‘‘NBB’’) or national best offer (‘‘NBO’’,               minimum price variation below the
                                             Securities and Exchange Commission                          and together with the NBB, the                           current NBO (for bids) or to one
                                             (‘‘Commission’’) the proposed rule                          ‘‘NBBO’’). The Exchange proposes to                      minimum price variation above the
                                             change as described in Items I and II                       modify one form of price sliding offered                 current NBB (for offers). However, as is
                                             below, which Items have been prepared                       by the Exchange, the Price Adjust                        true for the current display-price sliding
                                             by the Exchange. The Commission is                          process, as described below, in order to                 process, the Price Adjust process would
                                             publishing this notice to solicit                           align more closely with the Exchange’s                   not adjust the price of a BATS Post Only
                                             comments on the proposed rule change                        other form of price sliding, the display-                Order or Partial Post Only at Limit
                                             from interested persons.                                    price sliding process.                                   Order that would lock or cross an order
                                             I. Self-Regulatory Organization’s                              The Exchange’s display-price sliding                  displayed by the Exchange but rather,
                                             Statement of the Terms of Substance of                      functionality is designed to avoid                       would either execute 5 or cancel such
                                             the Proposed Rule Change                                    locking or crossing other markets’                       order upon entry. Further, to the extent
                                                                                                         Protected Quotations, but does not price                 the NBBO changes such that a BATS
                                                The Exchange filed a proposal to
                                                                                                         slide to avoid executions on the                         Post Only Order subject to the Price
                                             amend Rule 11.9 to modify the
                                                                                                         Exchange’s order book (‘‘BATS Book’’).                   Adjust process would be ranked at a
                                             Exchange’s Price Adjust functionality,
                                                                                                         Specifically, when the Exchange                          price at which it could remove
                                             as described below.
                                                The text of the proposed rule change                     receives an incoming order designated                    displayed liquidity from the BATS
                                             is available at the Exchange’s Web site                     with a display-price sliding instruction                 Book, the order will be executed as set
                                             at www.batstrading.com, at the                              that could execute against resting                       forth in Rule 11.9(c)(6) or cancelled.
                                             principal office of the Exchange, and at                    displayed liquidity on the BATS Book,                       As an example of the Price Adjust
                                             the Commission’s Public Reference                           it will execute against such liquidity.                  process, assume the Exchange has a
                                             Room.                                                       However, when an execution against                       posted and displayed bid to buy 100
                                                                                                         resting displayed liquidity does not                     shares of a security priced at $10.10 per
                                             II. Self-Regulatory Organization’s                          occur because an incoming order is                       share and a posted and displayed offer
                                             Statement of the Purpose of, and                            designated as an order that will not                     to sell 100 shares at $10.11 per share.
                                             Statutory Basis for, the Proposed Rule                      remove liquidity (i.e., a BATS Post Only                 Assume the NBBO is $10.10 by $10.11,
                                             Change                                                      Order), then the Exchange will cancel                    which includes an offer of $10.11
                                                In its filing with the Commission, the                   the incoming order. In contrast to                       displayed by at least one other market.
                                             Exchange included statements                                display-price sliding, which is based                       • Under the current functionality, if
                                             concerning the purpose of and basis for                     solely on Protected Quotations 3 at                      the Exchange receives a Post Only bid
                                             the proposed rule change and discussed                      external markets other than the                          to buy 100 shares at $10.11 per share
                                             any comments it received on the                             Exchange, Price Adjust is currently                      with a Price Adjust instruction the
                                             proposed rule change. The text of these                     based on Protected Quotations at                         Exchange will rank and display the
                                             statements may be examined at the                           external markets and at the Exchange.                    order to buy at $10.10 because
                                             places specified in Item IV below. The                      Under the Price Adjust process, if the                   displaying the bid at $10.11 would lock
                                             Exchange has prepared summaries, set                        Exchange has a Protected Quotation that                  the offer to sell for $10.11 displayed by
                                             forth in sections A, B, and C below, of                     an incoming order to the Exchange locks                  the Exchange (as well as one or more
                                             the most significant parts of such                          or crosses then such order executes                      external markets).
                                             statements.                                                 against the resting order, or, if the
                                                                                                                                                                    4 The Exchange notes that BATS Post Only Orders
                                                                                                         incoming order is a BATS Post Only
                                             A. Self-Regulatory Organization’s                           Order or Partial Post Only at Limit                      are permitted to remove liquidity from the BATS
                                             Statement of the Purpose of, and                                                                                     Book if the value of price improvement associated
                                                                                                         Order, such order would be executed in                   with such execution equals or exceeds the sum of
                                             Statutory Basis for, the Proposed Rule                                                                               fees charged for such execution and the value of
                                             Change                                                                                                               any rebate that would be provided if the order
Lhorne on DSK7TPTVN1PROD with NOTICES




                                                                                                            3 As defined in BATS Rule 1.5(t), a ‘‘Protected

                                                                                                         Quotation’’ is ‘‘a quotation that is a Protected Bid     posted to the BATS Book and subsequently
                                             1. Purpose                                                  or Protected Offer.’’ In turn, the term ‘‘Protected      provided liquidity. See Rule 11.9(c)(6). Similarly,
                                                The Exchange currently offers various                    Bid’’ or ‘‘Protected Offer’’ means ‘‘a bid or offer in   Partial Post Only at Limit Orders are permitted to
                                                                                                         a stock that is (i) displayed by an automated trading    remove price improving liquidity as well as a User-
                                             forms of sliding, which, in all cases,                      center; (ii) disseminated pursuant to an effective       selected percentage of the remaining order at the
                                                                                                         national market system plan; and (iii) an automated      limit price if, following such removal, the order can
                                               1 15   U.S.C. 78s(b)(1).                                                                                           post at its limit price. See Rule 11.9(c)(7).
                                                                                                         quotation that is the best bid or best offer of a
                                               2 17   CFR 240.19b–4.                                     national securities exchange or association.’’             5 See id.




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                                                                                 Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices                                                38497

                                                • As proposed, however, if the                           principles of section 11A(a)(1) 8 of the                  display-price sliding process offered by
                                             Exchange receives a Post Only bid to                        Act in that it seeks to assure fair                       the Exchange.
                                             buy 100 shares at $10.11 per share with                     competition among brokers and dealers                        Thus, if the Exchange has a Protected
                                             a Price Adjust instruction the Exchange                     and among exchange markets.                               Quotation that an incoming order to the
                                             will cancel the order back because                             The Exchange believes that the                         Exchange locks or crosses then such
                                             displaying the bid at $10.11 would lock                     proposed change to Price Adjust is                        incoming order will execute against the
                                             the offer to sell for $10.11 displayed by                   consistent with section 6(b)(5) of the                    resting order, or, if the incoming order
                                             the Exchange (as well as one or more                        Act,9 as well as Rule 610 of Regulation                   is a BATS Post Only Order or Partial
                                             external markets) and the Exchange’s                                                                                  Post Only at Limit Order, such order
                                                                                                         NMS 10 and Rule 201 of Regulation
                                             Price Adjust functionality would no                                                                                   would be executed in accordance with
                                                                                                         SHO.11 The Exchange is not modifying
                                             longer price slide past a displayed order                                                                             Rules 11.9(c)(6) and (c)(7), respectively,
                                                                                                         the overall functionality of Price Adjust,
                                             resting on the Exchange.                                                                                              or cancelled. The Exchange believes that
                                                • Assume however, that all facts are                     which is designed to avoid locking or
                                                                                                         crossing quotations of other market                       it is reasonable and consistent with the
                                             the same as the immediately preceding                                                                                 Act to cancel orders on entry that
                                             example except that the Exchange’s best                     centers or to comply with applicable
                                                                                                         short sale restrictions. Instead, the                     cannot executed or displayed at their
                                             offer is displayed at $10.12. Because an                                                                              limit price because this is consistent
                                             incoming Post Only bid to buy 100                           Exchange is proposing changes to Price
                                                                                                         Adjust to more closely mirror the                         with display-price sliding functionality.
                                             shares at $10.11 could be displayed by                                                                                Therefore, the Exchange believes the
                                             the Exchange but would lock the                             display-price sliding process, such that
                                                                                                         neither form of price sliding                             proposal to apply the Price Adjust
                                             Protected Quotation of one or more                                                                                    process to orders that cannot be
                                             external markets at that price, the                         functionality adjusts the price of an
                                                                                                         order to avoid locking or crossing an                     displayed because they would lock or
                                             Exchange would re-price and display                                                                                   cross displayed contra-side interest on
                                             the order to buy at $10.10.                                 order displayed by the Exchange, and
                                                                                                         instead, such an order will either be                     the Exchange will promote just and
                                                In addition to the change proposed
                                                                                                         cancelled or executed by the Exchange.                    equitable principles of trade, remove
                                             above, the Exchange proposes to correct
                                                                                                         As noted above, in contrast to display-                   impediments to, and perfect the
                                             two aspects of the Exchange’s current
                                                                                                         price sliding, which is based solely on                   mechanism of, a free and open market
                                             rule regarding the display-price sliding
                                                                                                         Protected Quotations of external                          and a national market system. The
                                             process. First, the Exchange proposes to
                                                                                                         markets, the Price Adjust process is                      Exchange also reiterates that the
                                             modify Rule 11.9(g)(1)(D), which states
                                             that ‘‘any’’ display-eligible BATS Post                     currently based on Protected Quotations                   proposed change to the Price Adjust
                                             Only Order or Partial Post Only at Limit                    at external markets and at the Exchange.                  process will continue to enable the
                                             order that locks or crosses a Protected                                                                               System to avoid displaying a locking or
                                                                                                            Rule 610(d) requires exchanges to                      crossing quotation in order to ensure
                                             Quotation displayed by an external                          establish, maintain, and enforce rules
                                             market upon entry will be subject to the                                                                              compliance with Rule 610(d) of
                                                                                                         that require members reasonably to                        Regulation NMS.
                                             display-price sliding process. Because                      avoid ‘‘[d]isplaying quotations that lock
                                             an order can also be subject to the Price                   or cross any protected quotation in an                    B. Self-Regulatory Organization’s
                                             Adjust process or no price sliding                          NMS stock.’’ 12 Such rules must be                        Statement on Burden on Competition
                                             option at all, the Exchange proposes to                     ‘‘reasonably designed to assure the
                                             instead start this provision with                                                                                        The Exchange does not believe that
                                                                                                         reconciliation of locked or crossed
                                             ‘‘depending on User instructions.’’ The                                                                               the proposed rule change will result in
                                                                                                         quotations in an NMS stock,’’ and must
                                             Exchange proposes to use this same                                                                                    any burden on competition that is not
                                                                                                         ‘‘prohibit . . . members from engaging
                                             language in the proposed revision to                                                                                  necessary or appropriate in furtherance
                                                                                                         in a pattern or practice of displaying
                                             Rule 11.9(g)(2)(D) with respect to Price                                                                              of the purposes of the Act. The
                                                                                                         quotations that lock or cross any
                                             Adjust. Second, the Exchange proposes                                                                                 proposed rule change is being proposed
                                                                                                         protected quotation in an NMS
                                             to modify the cross-reference at the end                                                                              as minor modification to functionality
                                                                                                         stock.’’ 13 The Price Adjust process, as
                                             of Rule 11.9(g)(2)(D) from 11.9(c)(7) to                                                                              offered by the Exchange that will ensure
                                                                                                         amended will continue to assist Users
                                             11.9(c)(6) to accurately refer to the rule                                                                            that the Exchange’s Price Adjust process
                                                                                                         by displaying orders at permissible
                                             applicable to BATS Post Only Orders.                                                                                  is consistent with the display-price
                                                                                                         prices or rejecting them if the Exchange
                                                                                                                                                                   sliding process offered by the Exchange
                                             2. Statutory Basis                                          has displayed liquidity that would
                                                                                                                                                                   today.
                                                                                                         preclude their display. Similarly, Rule
                                                The Exchange believes that the                           201 of Regulation SHO 14 requires                         C. Self-Regulatory Organization’s
                                             proposed rule changes are consistent                        trading centers to establish, maintain,                   Statement on Comments on the
                                             with section 6(b) of the Securities                         and enforce written policies and                          Proposed Rule Change Received From
                                             Exchange Act of 1934 (the ‘‘Act’’) 6 and                    procedures reasonably designed to                         Members, Participants or Others
                                             further the objectives of section 6(b)(5)                   prevent the execution or display of a
                                             of the Act 7 because they are designed to                                                                               The Exchange has neither solicited
                                                                                                         short sale order at a price at or below
                                             promote just and equitable principles of                                                                              nor received written comments on the
                                                                                                         the current NBB under certain
                                             trade, to remove impediments to and                                                                                   proposed rule change.
                                                                                                         circumstances. The Exchange’s short
                                             perfect the mechanism of a free and                         sale price sliding will continue to                       III. Date of Effectiveness of the
                                             open market and a national market                           operate the same for Users of Price                       Proposed Rule Change and Timing for
                                             system, to foster cooperation and                           Adjust as it does for Users that select the               Commission Action
                                             coordination with persons engaged in
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                                             facilitating transactions in securities,                         8 15
                                                                                                                                                                      The Exchange has designated this rule
                                                                                                                   U.S.C. 78k–1(a)(1).
                                             and, in general, to protect investors and                        9 15 U.S.C. 78f(b)(5).
                                                                                                                                                                   filing as non-controversial under section
                                             the public interest. The proposed rule                           10 17 CFR 242.610.                                   19(b)(3)(A) of the Act 15 and paragraph
                                             change also is designed to support the                           11 17 CFR 242.201.                                   (f)(6) of Rule 19b–4 thereunder.16 The
                                                                                                              12 17 CFR 242.610(d).
                                               6 15   U.S.C. 78f(b).                                          13 Id.                                                 15 15   U.S.C. 78s(b)(3)(A).
                                               7 15   U.S.C. 78f(b)(5).                                       14 17 CFR 242.201.                                     16 17   CFR 240.19b–4.



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                                             38498                            Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices

                                             proposed rule change effects a change                    temporarily suspend such rule change if               should refer to File Number SR–BATS–
                                             that (A) does not significantly affect the               it appears to the Commission that such                2015–47, and should be submitted on or
                                             protection of investors or the public                    action is: (1) Necessary or appropriate in            before July 27, 2015.
                                             interest; (B) does not impose any                        the public interest; (2) for the protection             For the Commission, by the Division of
                                             significant burden on competition; and                   of investors; or (3) otherwise in                     Trading and Markets, pursuant to delegated
                                             (C) by its terms, does not become                        furtherance of the purposes of the Act.               authority.20
                                             operative for 30 days after the date of                  If the Commission takes such action, the              Robert W. Errett,
                                             the filing, or such shorter time as the                  Commission shall institute proceedings                Deputy Secretary.
                                             Commission may designate if consistent                   to determine whether the proposed rule
                                                                                                                                                            [FR Doc. 2015–16414 Filed 7–2–15; 8:45 am]
                                             with the protection of investors and the                 should be approved or disapproved.
                                                                                                                                                            BILLING CODE 8011–01–P
                                             public interest; provided that the self-
                                                                                                      IV. Solicitation of Comments
                                             regulatory organization has given the
                                             Commission written notice of its intent                    Interested persons are invited to
                                             to file the proposed rule change, along                  submit written data, views, and
                                                                                                      arguments concerning the foregoing,                   SMALL BUSINESS ADMINISTRATION
                                             with a brief description and text of the
                                             proposed rule change, at least five                      including whether the proposed rule
                                             business days prior to the date of filing                change is consistent with the Act.                    [Disaster Declaration #14359 and #14360]
                                             of the proposed rule change, or such                     Comments may be submitted by any of
                                             shorter time as designated by the                        the following methods:                                Nebraska Disaster #NE–00065
                                             Commission. The Exchange provided                        Electronic Comments                                   AGENCY: U.S. Small Business
                                             the Commission with written notice of                                                                          Administration.
                                             its intent to file the proposed rule                       • Use the Commission’s Internet
                                             change, along with a brief description                   comment form (http://www.sec.gov/                     ACTION: Notice.
                                             and text of the proposed rule change at                  rules/sro.shtml); or
                                             least five business days prior to the date                 • Send an email to rule-comments@                   SUMMARY:    This is a Notice of the
                                                                                                      sec.gov. Please include File Number SR–               Presidential declaration of a major
                                             of this filing.
                                                A proposed rule change filed under                    BATS–2015–47 on the subject line.                     disaster for Public Assistance Only for
                                             Rule 19b–4(f)(6) 17 normally does not                                                                          the State of Nebraska (FEMA–4225–DR),
                                                                                                      Paper Comments
                                             become operative prior to 30 days after                                                                        dated 06/25/2015.
                                                                                                         • Send paper comments in triplicate                   Incident: Severe Storms, Tornadoes,
                                             the date of the filing. However, pursuant
                                                                                                      to Brent J. Fields, Secretary, Securities             Straight-line Winds, and Flooding.
                                             to Rule 19b–4(f)(6)(iii), the Commission
                                                                                                      and Exchange Commission, 100 F Street                    Incident Period: 05/06/2015 through
                                             may designate a shorter time if such
                                                                                                      NE., Washington, DC 20549–1090.                       06/17/2015.
                                             action is consistent with the protection
                                             of investors and the public interest. The                All submissions should refer to File                     Effective Date: 06/25/2015.
                                             Exchange has asked the Commission to                     Number SR–BATS–2015–47. This file
                                                                                                                                                               Physical Loan Application Deadline
                                             waive the 30-day operative delay so that                 number should be included on the
                                                                                                                                                            Date: 08/24/2015.
                                             BATS may implement the proposed rule                     subject line if email is used. To help the
                                                                                                      Commission process and review your                       Economic Injury (EIDL) Loan
                                             change immediately. The Exchange has                                                                           Application Deadline Date: 03/25/2016.
                                             represented that it has alerted its                      comments more efficiently, please use
                                                                                                      only one method. The Commission will                  ADDRESSES: Submit completed loan
                                             Members of the proposed change 18 and
                                             that those currently utilizing Price                     post all comments on the Commission’s                 applications to: U.S. Small Business
                                             Adjust functionality would not need to                   Internet Web site (http://www.sec.gov/                Administration, Processing and
                                             make any system changes in connection                    rules/sro.shtml). Copies of the                       Disbursement Center, 14925 Kingsport
                                             with the proposed change. The                            submission, all subsequent                            Road, Fort Worth, TX 76155.
                                             Commission believes that waiving the                     amendments, all written statements                    FOR FURTHER INFORMATION CONTACT: A
                                             30-day operative delay is consistent                     with respect to the proposed rule                     Escobar, Office of Disaster Assistance,
                                             with the protection of investors and the                 change that are filed with the                        U.S. Small Business Administration,
                                             public interest as it will align the                     Commission, and all written                           409 3rd Street SW., Suite 6050,
                                             display-price sliding functionality and                  communications relating to the                        Washington, DC 20416.
                                             Price Adjust functionality and help                      proposed rule change between the
                                                                                                                                                            SUPPLEMENTARY INFORMATION: Notice is
                                             harmonize the Exchange’s rulebook.                       Commission and any person, other than
                                                                                                      those that may be withheld from the                   hereby given that as a result of the
                                             Therefore, the Commission hereby                                                                               President’s major disaster declaration on
                                             waives the 30-day operative delay and                    public in accordance with the
                                                                                                      provisions of 5 U.S.C. 552, will be                   06/25/2015, Private Non-Profit
                                             designates the proposed rule change to                                                                         organizations that provide essential
                                             be operative upon filing with the                        available for Web site viewing and
                                                                                                      printing in the Commission’s Public                   services of governmental nature may file
                                             Commission.19                                                                                                  disaster loan applications at the address
                                                At any time within 60 days of the                     Reference Room, 100 F Street NE.,
                                                                                                      Washington, DC 20549 on official                      listed above or other locally announced
                                             filing of the proposed rule change, the
                                                                                                      business days between the hours of                    locations.
                                             Commission may summarily
                                                                                                      10:00 a.m. and 3:00 p.m. Copies of such                  The following areas have been
                                               17 17  CFR 240.19b–4(f)(6).                            filing also will be available for                     determined to be adversely affected by
                                               18 See  BATS Trade Desk Notice dated May 19,           inspection and copying at the principal               the disaster:
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                                             2015, ‘‘BATS Update to Post Only Price Adjust            offices of the Exchange. All comments                 Primary Counties: Cass, Dundy, Gage,
                                             Logic Effective Friday, June 19, 2015 on BZX,’’
                                             available at www.batstrading.com/alerts under            received will be posted without change;                  Jefferson, Lancaster, Lincoln, Morrill,
                                             Release Notes.                                           the Commission does not edit personal                    Nuckolls, Otoe, Saline, Saunders,
                                                19 For purposes only of waiving the operative
                                                                                                      identifying information from                             Thayer.
                                             delay for this proposal, the Commission has              submissions. You should submit only
                                             considered the proposed rule’s impact on                                                                          The Interest Rates are:
                                             efficiency, competition, and capital formation. See      information that you wish to make
                                             15 U.S.C. 78c(f).                                        available publicly. All submissions                     20 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-15 13:17:19
Document Modified: 2015-12-15 13:17:19
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 38496 

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