80_FR_39948 80 FR 39816 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 21.1(d)(9), (h) and (i) To Modify the Operation of BATS Post Only Orders on the Exchange's Options Platform

80 FR 39816 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 21.1(d)(9), (h) and (i) To Modify the Operation of BATS Post Only Orders on the Exchange's Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 132 (July 10, 2015)

Page Range39816-39818
FR Document2015-16857

Federal Register, Volume 80 Issue 132 (Friday, July 10, 2015)
[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Notices]
[Pages 39816-39818]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16857]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75360; File No. SR-BATS-2015-51]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 
21.1(d)(9), (h) and (i) To Modify the Operation of BATS Post Only 
Orders on the Exchange's Options Platform

July 6, 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 30, 2015, BATS Exchange, Inc. (the ``Exchange'' or 
``BATS'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rules 21.1(d)(9), (h) and 
(i) to modify the operation of BATS Post Only Orders subject to the 
Price Adjust process on the Exchange's options platform (``BATS 
Options''). The proposed rule change is based on the operation of 
similar order types currently offered by the Nasdaq Stock Market LLC 
(``Nasdaq'') and Nasdaq OMX BX, Inc. (``BX'').\5\
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    \5\ See the description of Post-Only Orders under chapter VI, 
section 1(e)(11) of the Nasdaq Rules and chapter VI, section 
1(e)(10) of the BX Rules. See also Securities Exchange Act Release 
No. 65761 (November 16, 2011), 76 FR 72230 (November 22, 2011) (SR-
Nasdaq-2011-152) (Notice of Filing and Immediate Effectiveness of 
Proposed Rule Change to Adopt a ``Post-Only'' Order Type). See also 
NYSE Arca, Inc. (``NYSE Arca'') Rule 6.62(y) for a description of 
PNP Plus orders.
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to amend Rules 21.1(d)(9), (h) and (i) to 
modify the operation of BATS Post Only Orders that are subject to the 
Price Adjust process on BATS Options. The proposed rule change is based 
on the operation of similar order types currently offered by Nasdaq and 
BX.\6\
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    \6\ See supra note 5.
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    BATS Post Only Orders are orders that are to be ranked and executed 
on the Exchange pursuant to Rule 21.8 (Order Display and Book 
Processing) or cancelled, as appropriate, without routing away to 
another trading center. Currently, a BATS Post Only Order will not 
remove liquidity from the BATS Options Book \7\ unless 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

[[Page 39817]]

provided if the order posted to the BATS Options Book and subsequently 
provided liquidity. Unless otherwise instructed by the User,\8\ a BATS 
Post Only Order will be subject to the Display-Price Sliding process 
set forth under Rule 21.1(h).
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    \7\ ``BATS Options Book'' is defined as ``the electronic book of 
options orders maintained by the Trading System.'' See Exchange Rule 
16.1(a)(9).
    \8\ ``User'' is defined as ``any Options Member or Sponsored 
Participant who is authorized to obtain access to the System 
pursuant to Rule 11.3 (Access).'' See Exchange Rule 16.1(a)(63).
---------------------------------------------------------------------------

    The Exchange proposes to amend the operation of BATS Post Only 
Orders such that they will not remove liquidity from the BATS Options 
Book where the User elects that the order be subject to the Price 
Adjust process set forth under Exchange Rule 21.1(i). Specifically, a 
BATS Post Only Order subject to the Price Adjust process will no longer 
remove liquidity from the BATS Options Book pursuant to Rule 21.1(d)(9) 
where 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 Options Book and subsequently provided liquidity. Under the Price 
Adjust process, a BATS Post Only order that locks or crosses a 
Protected Quotation displayed by the Exchange upon entry will continue 
to 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). As a result, the Exchange proposes 
to amend: (i) The description of BATS Post Only Orders under Rule 
21.1(d)(9) to specify that the price improvement formula described 
above would only be applied to BATS Post Only Orders subject to the 
Display-Price Sliding process; (ii) the description of the Price Adjust 
process under Rule 21.1(i)(4) to no longer state that a BATS Post Only 
Order subject to the Price Adjust process would be executed as set 
forth in Rule 21.1(d)(9); and (iii) Rule 21.1(h) to clarify it is 
limited to BATS Post Only Orders subject to the Display-Price Sliding 
process.
    The Exchange does not propose to amend the operation of BATS Post 
Only Orders subject to the Display-Price Sliding process. A BATS Post 
Only Order subject to the Display-Price Sliding process that locks or 
crosses a Protected Quotation displayed by the Exchange upon entry will 
either remove liquidity from the BATS Options Book pursuant to Rule 
21.1(d)(9) or be cancelled. Should the order lock or cross a Protected 
Quotation displayed by an external market upon entry, it will be 
subject to the Display-Price Sliding process described in Rule 21.1(h). 
A BATS Post Only Order subject to the Display-Price Sliding process 
would continue to be cancelled where the NBBO changes such that the 
order would be ranked at a price at which it could remove displayed 
liquidity from the BATS Options Book.
    The Exchange does, however, propose to amend the description of the 
Display-Price Sliding process under Rule 21.1(h)(4) to specify that a 
Partial Post Only at Limit Order that locks or crosses a Protected 
Quotation displayed by the Exchange upon entry will be executed subject 
to the price improvement formula set forth in Rule 21.1(d)(10) or 
cancelled when the order is subject to display-price sliding process. 
The Exchange does not propose to modify the operation of Partial Post 
Only at Limit Orders that are subject to the Display-Price Sliding 
Process.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the 
requirements of the Act and the rules and regulations thereunder that 
are applicable to a national securities exchange, and, in particular, 
with the requirements of section 6(b) of the Act.\9\ In particular, the 
proposal is consistent with section 6(b)(5) of the Act \10\ because it 
is designed to encourage displayed liquidity and offer market 
participants greater flexibility to post liquidity on the BATS Options 
Book, thereby promoting just and equitable principles of trade, 
fostering cooperation and coordination with persons engaged in 
facilitating transactions in securities, removing impediments to, and 
perfecting the mechanism of, a free and open market and a national 
market system. The Exchange notes that Users who wish for their BATS 
Post Only Orders to post to the BATS Options Book and forego the 
opportunity to remove liquidity upon entry under Rule 21.1(d)(9) would 
be required to affirmatively elect that the order be subject to the 
Price Adjust process. Absent such an election, a BATS Post Only Order 
would be subject to the Display-Price Sliding process and eligible to 
remove liquidity from the BATS Options Book pursuant to the price 
improvement formula set forth under Rule 21.1(d)(9). In addition, the 
proposed operation of BATS Post Only Order subject to the Price Adjust 
process is based on the operation of similar order types, called Post-
Only Orders, currently offered by Nasdaq and BX.\11\ There are no 
differences between the operation of Post-Only Orders offered by Nasdaq 
and BX and the proposed amendments to the operation of BATS Post Only 
Orders subject to the Price Adjust process proposed herein.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ See supra note 5.
---------------------------------------------------------------------------

    Lastly, the Exchange believes the proposed amendment to Rule 
21.1(h)(4) specifying that it applies to Partial Post Only at Limit 
Orders that are subject to the Display-Price Sliding process also 
promotes just and equitable principles of trade, and perfects the 
mechanism of a free and open market and a national market system 
because it provides additional specificity to the rule and does not 
modify the operation of Partial Post Only at Limit Orders that are 
subject to the Display-Price Sliding Process.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. To the contrary, the 
proposed rule change is a competitive change that is based on the 
operation of similar order types currently offered by Nasdaq and 
BX.\12\ The proposed rule change would, therefore, increase competition 
by enabling the Exchange to offer order type functionality that is 
identical to that offered by its competitors. For all the reasons 
stated above, the Exchange does not believe that the proposed rule 
changes will impose any burden on competition not necessary or 
appropriate in furtherance of the purposes of the Act, and believes the 
proposed change will enhance competition.
---------------------------------------------------------------------------

    \12\ Id.
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(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. The Exchange has not received any written 
comments from members or other interested parties.

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

    The Exchange has designated this rule filing as non-controversial 
under section 19(b)(3)(A) of the Act \13\ and paragraph (f)(6) of Rule 
19b-4 thereunder.\14\ The

[[Page 39818]]

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.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily temporarily suspend such rule 
change if it appears to the Commission that such action is: (1) 
Necessary or appropriate in the public interest; (2) for the protection 
of investors; or (3) otherwise in furtherance of the purposes of the 
Act. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the 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-2015-51 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-2015-51. 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-2015-51, 
and should be submitted on or before July 31, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
Brent J. Fields,
Secretary.
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    \15\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2015-16857 Filed 7-9-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  39816                               Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Notices

                                                  of the Act 6 and paragraph (f) of Rule                      inspection and copying at the principal                  platform (‘‘BATS Options’’). The
                                                  19b–4 7 thereunder. At any time within                      office of the Exchange. All comments                     proposed rule change is based on the
                                                  60 days of the filing of the proposed rule                  received will be posted without change;                  operation of similar order types
                                                  change, the Commission summarily may                        the Commission does not edit personal                    currently offered by the Nasdaq Stock
                                                  temporarily suspend such rule change if                     identifying information from                             Market LLC (‘‘Nasdaq’’) and Nasdaq
                                                  it appears to the Commission that such                      submissions. You should submit only                      OMX BX, Inc. (‘‘BX’’).5
                                                  action is necessary or appropriate in the                   information that you wish to make                           The text of the proposed rule change
                                                  public interest, for the protection of                      available publicly. All submissions                      is available at the Exchange’s Web site
                                                  investors, or otherwise in furtherance of                   should refer to File Number SR–C2–                       at www.batstrading.com, at the
                                                  the purposes of the Act. If the                             2015–017, and should be submitted on                     principal office of the Exchange, and at
                                                  Commission takes such action, the                           or before July 31, 2015.                                 the Commission’s Public Reference
                                                  Commission will institute proceedings                         For the Commission, by the Division of
                                                                                                                                                                       Room.
                                                  to determine whether the proposed rule                      Trading and Markets, pursuant to delegated               II. Self-Regulatory Organization’s
                                                  change should be approved or                                authority.8                                              Statement of the Purpose of, and
                                                  disapproved.                                                Brent J. Fields,                                         Statutory Basis for, the Proposed Rule
                                                  IV. Solicitation of Comments                                Secretary.                                               Change
                                                                                                              [FR Doc. 2015–16862 Filed 7–9–15; 8:45 am]                  In its filing with the Commission, the
                                                    Interested persons are invited to
                                                                                                              BILLING CODE 8011–01–P                                   Exchange included statements
                                                  submit written data, views, and
                                                  arguments concerning the foregoing,                                                                                  concerning the purpose of and basis for
                                                  including whether the proposed rule                                                                                  the proposed rule change and discussed
                                                                                                              SECURITIES AND EXCHANGE                                  any comments it received on the
                                                  change is consistent with the Act.                          COMMISSION
                                                  Comments may be submitted by any of                                                                                  proposed rule change. The text of these
                                                  the following methods:                                      [Release No. 34–75360; File No. SR–BATS–                 statements may be examined at the
                                                                                                              2015–51]                                                 places specified in Item IV below. The
                                                  Electronic Comments                                                                                                  Exchange has prepared summaries, set
                                                    • Use the Commission’s Internet                           Self-Regulatory Organizations; BATS                      forth in sections A, B, and C below, of
                                                  comment form (http://www.sec.gov/                           Exchange, Inc.; Notice of Filing and                     the most significant parts of such
                                                  rules/sro.shtml); or                                        Immediate Effectiveness of a Proposed                    statements.
                                                    • Send an email to rule-comments@                         Rule Change to Rule 21.1(d)(9), (h) and
                                                                                                              (i) To Modify the Operation of BATS                      (A) Self-Regulatory Organization’s
                                                  sec.gov. Please include File Number SR–
                                                                                                              Post Only Orders on the Exchange’s                       Statement of the Purpose of, and
                                                  C2–2015–017 on the subject line.
                                                                                                              Options Platform                                         Statutory Basis for, the Proposed Rule
                                                  Paper Comments                                                                                                       Change
                                                     • Send paper comments in triplicate                      July 6, 2015.
                                                                                                                 Pursuant to section 19(b)(1) of the                   1. Purpose
                                                  to Secretary, Securities and Exchange
                                                                                                              Securities Exchange Act of 1934 (the                        The Exchange is proposing to amend
                                                  Commission, 100 F Street NE.,
                                                                                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   Rules 21.1(d)(9), (h) and (i) to modify
                                                  Washington, DC 20549–1090.
                                                                                                              notice is hereby given that on June 30,                  the operation of BATS Post Only Orders
                                                  All submissions should refer to File                                                                                 that are subject to the Price Adjust
                                                                                                              2015, BATS Exchange, Inc. (the
                                                  Number SR–C2–2015–017. This file                                                                                     process on BATS Options. The
                                                                                                              ‘‘Exchange’’ or ‘‘BATS’’) filed with the
                                                  number should be included on the                                                                                     proposed rule change is based on the
                                                                                                              Securities and Exchange Commission
                                                  subject line if email is used. To help the                                                                           operation of similar order types
                                                                                                              (‘‘Commission’’) the proposed rule
                                                  Commission process and review your                                                                                   currently offered by Nasdaq and BX.6
                                                                                                              change as described in Items I and II
                                                  comments more efficiently, please use                                                                                   BATS Post Only Orders are orders
                                                                                                              below, which Items have been prepared
                                                  only one method. The Commission will                                                                                 that are to be ranked and executed on
                                                                                                              by the Exchange. The Exchange has
                                                  post all comments on the Commission’s                                                                                the Exchange pursuant to Rule 21.8
                                                                                                              designated this proposal as a ‘‘non-
                                                  Internet Web site (http://www.sec.gov/                                                                               (Order Display and Book Processing) or
                                                                                                              controversial’’ proposed rule change
                                                  rules/sro.shtml). Copies of the                                                                                      cancelled, as appropriate, without
                                                                                                              pursuant to section 19(b)(3)(A) of the
                                                  submission, all subsequent                                                                                           routing away to another trading center.
                                                                                                              Act 3 and Rule 19b–4(f)(6)(iii)
                                                  amendments, all written statements                                                                                   Currently, a BATS Post Only Order will
                                                                                                              thereunder,4 which renders it effective
                                                  with respect to the proposed rule                                                                                    not remove liquidity from the BATS
                                                                                                              upon filing with the Commission. The
                                                  change that are filed with the                                                                                       Options Book 7 unless the value of price
                                                                                                              Commission is publishing this notice to
                                                  Commission, and all written                                                                                          improvement associated with such
                                                                                                              solicit comments on the proposed rule
                                                  communications relating to the                                                                                       execution equals or exceeds the sum of
                                                                                                              change from interested persons.
                                                  proposed rule change between the                                                                                     fees charged for such execution and the
                                                  Commission and any person, other than                       I. Self-Regulatory Organization’s                        value of any rebate that would be
                                                  those that may be withheld from the                         Statement of the Terms of Substance of
                                                  public in accordance with the                               the Proposed Rule Change                                   5 See the description of Post-Only Orders under

                                                  provisions of 5 U.S.C. 552, will be                            The Exchange filed a proposal to                      chapter VI, section 1(e)(11) of the Nasdaq Rules and
                                                  available for Web site viewing and                                                                                   chapter VI, section 1(e)(10) of the BX Rules. See
                                                                                                              amend Rules 21.1(d)(9), (h) and (i) to                   also Securities Exchange Act Release No. 65761
                                                  printing in the Commission’s Public                         modify the operation of BATS Post Only                   (November 16, 2011), 76 FR 72230 (November 22,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Reference Room, 100 F Street NE.,                           Orders subject to the Price Adjust                       2011) (SR–Nasdaq–2011–152) (Notice of Filing and
                                                  Washington, DC 20549, on official                           process on the Exchange’s options                        Immediate Effectiveness of Proposed Rule Change
                                                  business days between the hours of                                                                                   to Adopt a ‘‘Post-Only’’ Order Type). See also NYSE
                                                                                                                                                                       Arca, Inc. (‘‘NYSE Arca’’) Rule 6.62(y) for a
                                                  10:00 a.m. and 3:00 p.m. Copies of the                           8 17 CFR 200.30–3(a)(12).                           description of PNP Plus orders.
                                                  filing also will be available for                                1 15 U.S.C. 78s(b)(1).                                6 See supra note 5.
                                                                                                                   2 17 CFR 240.19b–4.                                   7 ‘‘BATS Options Book’’ is defined as ‘‘the
                                                    6 15   U.S.C. 78s(b)(3)(A).                                    3 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                                       electronic book of options orders maintained by the
                                                    7 17   CFR 240.19b–4(f).                                       4 17 CFR 240.19b–4(f)(6)(iii).                      Trading System.’’ See Exchange Rule 16.1(a)(9).



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                                                                                   Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Notices                                                39817

                                                  provided if the order posted to the                      be subject to the Display-Price Sliding                    BX.11 There are no differences between
                                                  BATS Options Book and subsequently                       process described in Rule 21.1(h). A                       the operation of Post-Only Orders
                                                  provided liquidity. Unless otherwise                     BATS Post Only Order subject to the                        offered by Nasdaq and BX and the
                                                  instructed by the User,8 a BATS Post                     Display-Price Sliding process would                        proposed amendments to the operation
                                                  Only Order will be subject to the                        continue to be cancelled where the                         of BATS Post Only Orders subject to the
                                                  Display-Price Sliding process set forth                  NBBO changes such that the order                           Price Adjust process proposed herein.
                                                  under Rule 21.1(h).                                      would be ranked at a price at which it                        Lastly, the Exchange believes the
                                                     The Exchange proposes to amend the                    could remove displayed liquidity from                      proposed amendment to Rule 21.1(h)(4)
                                                  operation of BATS Post Only Orders                       the BATS Options Book.                                     specifying that it applies to Partial Post
                                                  such that they will not remove liquidity                   The Exchange does, however, propose                      Only at Limit Orders that are subject to
                                                  from the BATS Options Book where the                     to amend the description of the Display-                   the Display-Price Sliding process also
                                                  User elects that the order be subject to                 Price Sliding process under Rule                           promotes just and equitable principles
                                                  the Price Adjust process set forth under                 21.1(h)(4) to specify that a Partial Post                  of trade, and perfects the mechanism of
                                                  Exchange Rule 21.1(i). Specifically, a                   Only at Limit Order that locks or crosses                  a free and open market and a national
                                                  BATS Post Only Order subject to the                      a Protected Quotation displayed by the                     market system because it provides
                                                  Price Adjust process will no longer                      Exchange upon entry will be executed                       additional specificity to the rule and
                                                  remove liquidity from the BATS                           subject to the price improvement                           does not modify the operation of Partial
                                                  Options Book pursuant to Rule                            formula set forth in Rule 21.1(d)(10) or                   Post Only at Limit Orders that are
                                                  21.1(d)(9) where the value of price                      cancelled when the order is subject to                     subject to the Display-Price Sliding
                                                  improvement associated with such                         display-price sliding process. The                         Process.
                                                  execution equals or exceeds the sum of                   Exchange does not propose to modify
                                                                                                           the operation of Partial Post Only at                      (B) Self-Regulatory Organization’s
                                                  fees charged for such execution and the
                                                                                                           Limit Orders that are subject to the                       Statement on Burden on Competition
                                                  value of any rebate that would be
                                                  provided if the order posted to the                      Display-Price Sliding Process.                               The Exchange does not believe that
                                                  BATS Options Book and subsequently                       2. Statutory Basis                                         the proposed rule change will impose
                                                  provided liquidity. Under the Price                                                                                 any burden on competition that is not
                                                  Adjust process, a BATS Post Only order                      The Exchange believes that its                          necessary or appropriate in furtherance
                                                  that locks or crosses a Protected                        proposal is consistent with the                            of the purposes of the Act. To the
                                                  Quotation displayed by the Exchange                      requirements of the Act and the rules                      contrary, the proposed rule change is a
                                                                                                           and regulations thereunder that are                        competitive change that is based on the
                                                  upon entry will continue to be ranked
                                                                                                           applicable to a national securities                        operation of similar order types
                                                  and displayed by the System at one
                                                                                                           exchange, and, in particular, with the                     currently offered by Nasdaq and BX.12
                                                  minimum price variation below the
                                                                                                           requirements of section 6(b) of the Act.9                  The proposed rule change would,
                                                  current NBO (for bids) or to one
                                                                                                           In particular, the proposal is consistent                  therefore, increase competition by
                                                  minimum price variation above the
                                                                                                           with section 6(b)(5) of the Act 10 because                 enabling the Exchange to offer order
                                                  current NBB (for offers). As a result, the
                                                                                                           it is designed to encourage displayed                      type functionality that is identical to
                                                  Exchange proposes to amend: (i) The
                                                                                                           liquidity and offer market participants                    that offered by its competitors. For all
                                                  description of BATS Post Only Orders
                                                                                                           greater flexibility to post liquidity on                   the reasons stated above, the Exchange
                                                  under Rule 21.1(d)(9) to specify that the
                                                                                                           the BATS Options Book, thereby                             does not believe that the proposed rule
                                                  price improvement formula described
                                                                                                           promoting just and equitable principles                    changes will impose any burden on
                                                  above would only be applied to BATS                      of trade, fostering cooperation and
                                                  Post Only Orders subject to the Display-                                                                            competition not necessary or
                                                                                                           coordination with persons engaged in
                                                  Price Sliding process; (ii) the                                                                                     appropriate in furtherance of the
                                                                                                           facilitating transactions in securities,
                                                  description of the Price Adjust process                                                                             purposes of the Act, and believes the
                                                                                                           removing impediments to, and
                                                  under Rule 21.1(i)(4) to no longer state                                                                            proposed change will enhance
                                                                                                           perfecting the mechanism of, a free and
                                                  that a BATS Post Only Order subject to                                                                              competition.
                                                                                                           open market and a national market
                                                  the Price Adjust process would be                        system. The Exchange notes that Users                      (C) Self-Regulatory Organization’s
                                                  executed as set forth in Rule 21.1(d)(9);                who wish for their BATS Post Only                          Statement on Comments on the
                                                  and (iii) Rule 21.1(h) to clarify it is                  Orders to post to the BATS Options                         Proposed Rule Change Received From
                                                  limited to BATS Post Only Orders                         Book and forego the opportunity to                         Members, Participants or Others
                                                  subject to the Display-Price Sliding                     remove liquidity upon entry under Rule
                                                  process.                                                                                                               The Exchange has neither solicited
                                                                                                           21.1(d)(9) would be required to                            nor received written comments on the
                                                     The Exchange does not propose to
                                                                                                           affirmatively elect that the order be                      proposed rule change. The Exchange
                                                  amend the operation of BATS Post Only
                                                                                                           subject to the Price Adjust process.                       has not received any written comments
                                                  Orders subject to the Display-Price
                                                                                                           Absent such an election, a BATS Post                       from members or other interested
                                                  Sliding process. A BATS Post Only
                                                                                                           Only Order would be subject to the                         parties.
                                                  Order subject to the Display-Price
                                                                                                           Display-Price Sliding process and
                                                  Sliding process that locks or crosses a                                                                             III. Date of Effectiveness of the
                                                                                                           eligible to remove liquidity from the
                                                  Protected Quotation displayed by the                                                                                Proposed Rule Change and Timing for
                                                                                                           BATS Options Book pursuant to the
                                                  Exchange upon entry will either remove                                                                              Commission Action
                                                                                                           price improvement formula set forth
                                                  liquidity from the BATS Options Book
                                                                                                           under Rule 21.1(d)(9). In addition, the                       The Exchange has designated this rule
                                                  pursuant to Rule 21.1(d)(9) or be
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                                                                                                           proposed operation of BATS Post Only                       filing as non-controversial under section
                                                  cancelled. Should the order lock or
                                                                                                           Order subject to the Price Adjust                          19(b)(3)(A) of the Act 13 and paragraph
                                                  cross a Protected Quotation displayed
                                                                                                           process is based on the operation of                       (f)(6) of Rule 19b–4 thereunder.14 The
                                                  by an external market upon entry, it will
                                                                                                           similar order types, called Post-Only
                                                    8 ‘‘User’’ is defined as ‘‘any Options Member or
                                                                                                           Orders, currently offered by Nasdaq and                      11 See    supra note 5.
                                                                                                                                                                        12 Id.
                                                  Sponsored Participant who is authorized to obtain
                                                                                                                9 15   U.S.C. 78f(b).                                   13 15    U.S.C. 78s(b)(3)(A).
                                                  access to the System pursuant to Rule 11.3
                                                  (Access).’’ See Exchange Rule 16.1(a)(63).                    10 15   U.S.C. 78f(b)(5).                               14 17    CFR 240.19b–4.



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                                                  39818                            Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Notices

                                                  proposed rule change effects a change                    change that are filed with the                          19b–4 under the Act,3 which renders
                                                  that (A) does not significantly affect the               Commission, and all written                             the proposal effective upon receipt of
                                                  protection of investors or the public                    communications relating to the                          this filing by the Commission. The
                                                  interest; (B) does not impose any                        proposed rule change between the                        Commission is publishing this notice to
                                                  significant burden on competition; and                   Commission and any person, other than                   solicit comments on the proposed rule
                                                  (C) by its terms, does not become                        those that may be withheld from the                     change from interested persons.
                                                  operative for 30 days after the date of                  public in accordance with the                           I. Self-Regulatory Organization’s
                                                  the filing, or such shorter time as the                  provisions of 5 U.S.C. 552, will be                     Statement of the Terms of the Substance
                                                  Commission may designate if consistent                   available for Web site viewing and                      of the Proposed Rule Change
                                                  with the protection of investors and the                 printing in the Commission’s Public
                                                  public interest; provided that the self-                 Reference Room, 100 F Street NE.,                          FINRA is proposing to amend FINRA
                                                  regulatory organization has given the                    Washington, DC 20549 on official                        Rule 7650A (Collection of Fees) to
                                                  Commission written notice of its intent                  business days between the hours of                      require FINRA members that are
                                                  to file the proposed rule change, along                  10:00 a.m. and 3:00 p.m. Copies of such                 FINRA/Nasdaq Trade Reporting Facility
                                                  with a brief description and text of the                 filing also will be available for                       (‘‘FINRA/Nasdaq TRF’’) participants to
                                                  proposed rule change, at least five                      inspection and copying at the principal                 submit billing disputes within sixty
                                                  business days prior to the date of filing                offices of the Exchange. All comments                   days of receipt of the invoice to the
                                                  of the proposed rule change, or such                     received will be posted without change;                 FINRA/Nasdaq TRF. The proposed rule
                                                  shorter time as designated by the                        the Commission does not edit personal                   change also would rename Rule 7650A
                                                  Commission.                                              identifying information from                            as ‘‘Collection of Fees and Billing
                                                     At any time within 60 days of the                     submissions. You should submit only                     Policy.’’
                                                  filing of the proposed rule change, the                  information that you wish to make                          The text of the proposed rule change
                                                  Commission may summarily                                                                                         is available on FINRA’s Web site at
                                                                                                           available publicly. All submissions
                                                  temporarily suspend such rule change if                                                                          http://www.finra.org, at the principal
                                                                                                           should refer to File Number SR–BATS–
                                                  it appears to the Commission that such                                                                           office of FINRA and at the
                                                                                                           2015–51, and should be submitted on or
                                                  action is: (1) Necessary or appropriate in                                                                       Commission’s Public Reference Room.
                                                                                                           before July 31, 2015.
                                                  the public interest; (2) for the protection                                                                      II. Self-Regulatory Organization’s
                                                                                                             For the Commission, by the Division of
                                                  of investors; or (3) otherwise in                        Trading and Markets, pursuant to delegated              Statement of the Purpose of, and
                                                  furtherance of the purposes of the Act.                  authority.15                                            Statutory Basis for, the Proposed Rule
                                                  If the Commission takes such action, the                 Brent J. Fields,                                        Change
                                                  Commission shall institute proceedings
                                                                                                           Secretary.                                                 In its filing with the Commission,
                                                  to determine whether the proposed rule
                                                                                                           [FR Doc. 2015–16857 Filed 7–9–15; 8:45 am]              FINRA included statements concerning
                                                  should be approved or disapproved.
                                                                                                           BILLING CODE 8011–01–P                                  the purpose of and basis for the
                                                  IV. Solicitation of Comments                                                                                     proposed rule change and discussed any
                                                    Interested persons are invited to                                                                              comments it received on the proposed
                                                  submit written data, views, and                          SECURITIES AND EXCHANGE                                 rule change. The text of these statements
                                                  arguments concerning the foregoing,                      COMMISSION                                              may be examined at the places specified
                                                  including whether the proposed rule                                                                              in Item IV below. FINRA has prepared
                                                                                                           [Release No. 34–75364; File No. SR–FINRA–               summaries, set forth in sections A, B,
                                                  change is consistent with the Act.                       2015–024]
                                                  Comments may be submitted by any of                                                                              and C below, of the most significant
                                                  the following methods:                                                                                           aspects of such statements.
                                                                                                           Self-Regulatory Organizations;
                                                  Electronic Comments                                      Financial Industry Regulatory                           A. Self-Regulatory Organization’s
                                                                                                           Authority, Inc.; Notice of Filing and                   Statement of the Purpose of, and
                                                    • Use the Commission’s Internet                        Immediate Effectiveness of a Proposed                   Statutory Basis for, the Proposed Rule
                                                  comment form (http://www.sec.gov/                        Rule Change To Amend FINRA Rule                         Change
                                                  rules/sro.shtml); or                                     7650A Relating to Submission of
                                                    • Send an email to rule-comments@                      Billing Disputes by FINRA/Nasdaq
                                                                                                                                                                   1. Purpose
                                                  sec.gov. Please include File Number SR–                  Trade Reporting Facility Participants                      The FINRA/Nasdaq TRF is a facility
                                                  BATS–2015–51 on the subject line.                                                                                of FINRA that is operated by The
                                                                                                           July 6, 2015.                                           NASDAQ OMX Group, Inc. (‘‘NASDAQ
                                                  Paper Comments
                                                                                                              Pursuant to Section 19(b)(1) of the                  OMX’’). In connection with the
                                                    • Send paper comments in triplicate                    Securities Exchange Act of 1934                         establishment of the FINRA/Nasdaq
                                                  to Brent J. Fields, Secretary, Securities                (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                 TRF, FINRA and NASDAQ OMX
                                                  and Exchange Commission, 100 F Street                    notice is hereby given that on July 1,                  entered into a limited liability company
                                                  NE., Washington, DC 20549–1090.                          2015, Financial Industry Regulatory                     agreement (the ‘‘LLC Agreement’’).
                                                  All submissions should refer to File                     Authority, Inc. (‘‘FINRA’’) filed with the              Under the LLC Agreement, FINRA, the
                                                  Number SR–BATS–2015–51. This file                        Securities and Exchange Commission                      ‘‘SRO Member,’’ has sole regulatory
                                                  number should be included on the                         (‘‘SEC’’ or ‘‘Commission’’) the proposed                responsibility for the FINRA/Nasdaq
                                                  subject line if email is used. To help the               rule change as described in Items I and                 TRF. NASDAQ OMX, the ‘‘Business
                                                  Commission process and review your                       II below, which Items have been                         Member,’’ is primarily responsible for
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                                                  comments more efficiently, please use                    prepared by FINRA. FINRA has                            the management of the FINRA/Nasdaq
                                                  only one method. The Commission will                     designated the proposed rule change as                  TRF’s business affairs to the extent
                                                  post all comments on the Commission’s                    constituting a ‘‘non-controversial’’ rule               those affairs are not inconsistent with
                                                  Internet Web site (http://www.sec.gov/                   change under paragraph (f)(6) of Rule                   the regulatory and oversight functions of
                                                  rules/sro.shtml). Copies of the                                                                                  FINRA. As such, the Business Member
                                                  submission, all subsequent                                    15 17 CFR 200.30–3(a)(12).                         establishes pricing for use of the FINRA/
                                                  amendments, all written statements                            1 15 U.S.C. 78s(b)(1).
                                                  with respect to the proposed rule                             2 17 CFR 240.19b–4.                                  3 17   CFR 240.19b–4(f)(6).



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Document Created: 2018-02-23 09:15:18
Document Modified: 2018-02-23 09:15:18
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 39816 

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