80_FR_46765 80 FR 46615 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Delay Implementation of SR-BATS-2015-51

80 FR 46615 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Delay Implementation of SR-BATS-2015-51

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 150 (August 5, 2015)

Page Range46615-46617
FR Document2015-19133

Federal Register, Volume 80 Issue 150 (Wednesday, August 5, 2015)
[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Notices]
[Pages 46615-46617]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19133]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75567; File No. SR-BATS-2015-54]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to Delay 
Implementation of SR-BATS-2015-51

July 30, 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 July 23, 2015, BATS Exchange, Inc. (the ``Exchange'' or 
``BATS'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule

[[Page 46616]]

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

    The Exchange is proposing to delay the implementation date of 
recent amendments to Rules 21.1(d)(9), (h) and (i) that modified the 
operation of BATS Post Only Orders \5\ subject to the Price Adjust \6\ 
process on the Exchange's options platform (``BATS Options'').\7\ 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.
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    \5\ 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. See Exchange Rule 21.1(d)(9).
    \6\ In sum, 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). See Exchange Rule 21.1(i).
    \7\ See Securities Exchange Act Release No. 75360 (July 6, 
2015), 80 FR 39816 (July 10, 2015) (SR-BATS-2015-51) (Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to 
Modify the Operation of BATS Post Only Orders Subject to the Price 
Adjust Process on the Exchange's Options Platform).
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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 delay the implementation date of 
recent amendments to Rules 21.1(d)(9), (h) and (i) that modified the 
operation of BATS Post Only Orders subject to the Price Adjust process 
on BATS Options so that they will no longer remove liquidity from the 
BATS Options Book \8\ 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.\9\ The proposed rule change was filed 
with the Commission on June 30, 2015 for immediate effectiveness 
pursuant to Rule 19b-4(f)(6)(iii) under the Act,\10\ and therefore, is 
scheduled to become operative 30 days from the date on which it was 
filed. Accordingly, the proposed rule change is scheduled to become 
operative on July 30, 2015. The Exchange proposes to delay the 
implementation of the proposed rule change and will announce the exact 
date via a publicly disseminated trading notice, which will be issued 
at least two week prior to the implementation date.
---------------------------------------------------------------------------

    \8\ ``BATS Options Book'' is defined as ``the electronic book of 
options orders maintained by the Trading System.'' See Exchange Rule 
16.1(a)(9).
    \9\ For a complete description of the proposed rule change, see 
supra note 7.
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \11\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \12\ in particular, in that it is designed to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in facilitating transactions in 
securities, to remove impediments to and perfect the mechanism of a 
free and open market and a national market system and, in general, to 
protect investors and the public interest. Delaying the implementation 
date will provide the Exchange with additional time to implement and 
test the necessary modifications to its System,\13\ thereby promoting 
fair and orderly markets, as well as the protection of investors and 
the public interest.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ The term ``System'' is defined as ``the electronic 
communications and trading facility designated by the Board through 
which securities orders of Users are consolidated for ranking, 
execution and, when applicable, routing away.'' Rule 1.5(aa).
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange believes that 
the proposed delay of the implementation date will not have any impact 
on competition.

(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 \14\ and paragraph (f)(6) of Rule 
19b-4 thereunder.\15\ The 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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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4.
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    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant

[[Page 46617]]

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 Commission believes that waiving the 30-day operative 
delay is consistent with the protection of investors and the public 
interest as it will immediately notify members that the currently 
scheduled operative date for recent amendments to BATS Post Only Orders 
has changed from July 30, 2015.\17\ Therefore, the Commission hereby 
waives the 30-day operative delay and designates the proposed rule 
change to be operative upon filing with the Commission.\18\
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    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ See supra note 7.
    \18\ 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).
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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 rule-comments@sec.gov. Please include 
File Number SR-BATS-2015-54 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-2015-54. 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-2015-54, 
and should be submitted on or before August 26, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
Robert W. Errett,
Deputy Secretary.
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    \19\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2015-19133 Filed 8-4-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices                                                  46615

                                                       Prior to the commencement of                         FINRA, on behalf of the Exchange, is                  Adviser, consistent with Commission
                                                    trading, the Exchange will inform its                   able to access, as needed, trade                      guidance.
                                                    Equity Trading Permit Holders (‘‘ETP                    information for certain fixed income                    (11) A minimum of 100,000 Shares for
                                                    Holders’’) in an Information Bulletin                   securities held by the Fund reported to               the Fund will be outstanding at the
                                                    (‘‘Bulletin’’) of the special                           FINRA’s Trade Reporting and                           commencement of trading on the
                                                    characteristics and risks associated with               Compliance Engine.                                    Exchange.
                                                    trading the Shares. The Exchange                           (5) Prior to the commencement of                     This approval order is based on all of
                                                    represents that trading in the Shares                   trading of the Shares, the Exchange will              the Exchange’s representations,
                                                    will be subject to the existing trading                 inform its ETP Holders in a Bulletin of               including those set forth above and in
                                                    surveillances, administered by the                      the special characteristics and risks                 the Notice. The Commission notes that
                                                    Financial Industry Regulatory Authority                 associated with trading the Shares. The               the Fund and the Shares must comply
                                                    (‘‘FINRA’’) on behalf of the Exchange,                  Bulletin will discuss the following: (i)              with the requirements of NYSE Arca
                                                    which are designed to detect violations                 The procedures for purchases and                      Equities Rule 8.600 to be initially and
                                                    of Exchange rules and applicable federal                redemptions of Shares in Creation Unit                continuously listed and traded on the
                                                    securities laws.30                                      aggregations (and that Shares are not                 Exchange.
                                                       The Exchange represents that it deems                individually redeemable); (ii) NYSE                     For the foregoing reasons, the
                                                    the Shares to be equity securities, thus                Arca Equities Rule 9.2(a), which                      Commission finds that the proposed
                                                    rendering trading in the Shares subject                 imposes a duty of due diligence on its                rule change, as modified by
                                                    to the Exchange’s existing rules                        ETP Holders to learn the essential facts              Amendments No. 1 and No. 2, is
                                                    governing the trading of equity                         relating to every customer prior to                   consistent with Section 6(b)(5) of the
                                                    securities. In support of this proposal,                trading the Shares; (iii) the risks                   Exchange Act 33 and Section
                                                    the Exchange has also made the                          involved in trading the Shares during                 11A(a)(1)(C)(iii) of the Exchange Act 34
                                                    following representations:                              the Opening and Late Trading Sessions                 and the rules and regulations
                                                       (1) The Shares will conform to the                   (as defined in NYSE Arca Equities 7.34)               thereunder applicable to a national
                                                    initial and continued listing criteria                  when an updated IIV or Index value will               securities exchange.
                                                    under NYSE Arca Equities Rule 8.600.                    not be calculated or publicly                         IV. Conclusion
                                                       (2) The Exchange has appropriate                     disseminated; (iv) how information
                                                    rules to facilitate transactions in the                                                                         It is therefore ordered, pursuant to
                                                                                                            regarding the IIV, the Disclosed
                                                    Shares during all trading sessions.                                                                           Section 19(b)(2) of the Exchange Act,35
                                                                                                            Portfolio, and the Index value will be
                                                       (3) Trading in the Shares will be                                                                          that the proposed rule change (SR–
                                                                                                            disseminated; (v) the requirement that
                                                    subject to the existing trading                                                                               NYSEArca–2015–42), as modified by
                                                                                                            ETP Holders deliver a prospectus to
                                                    surveillances, administered by FINRA                                                                          Amendments No. 1 and No. 2 thereto,
                                                                                                            investors purchasing newly issued
                                                    on behalf of the Exchange, which are                                                                          be, and it hereby is, approved.
                                                                                                            Shares prior to or concurrently with the
                                                    designed to detect violations of                        confirmation of a transaction; and (vi)                 For the Commission, by the Division of
                                                    Exchange rules and applicable federal                   trading information.                                  Trading and Markets, pursuant to delegated
                                                    securities laws, and these procedures                                                                         authority.36
                                                                                                               (6) For initial and continued listing,
                                                    are adequate to properly monitor                                                                              Robert W. Errett,
                                                                                                            the Fund will be in compliance with
                                                    Exchange trading of the Shares in all                                                                         Deputy Secretary.
                                                                                                            Rule 10A–3 under the Exchange Act,32
                                                    trading sessions and to deter and detect                                                                      [FR Doc. 2015–19132 Filed 8–4–15; 8:45 am]
                                                                                                            as provided by NYSE Arca Equities Rule
                                                    violations of Exchange rules and federal
                                                                                                            5.3.                                                  BILLING CODE 8011–01–P
                                                    securities laws applicable to trading on
                                                    the Exchange.                                              (7) Not more than 20% of the Fund’s
                                                       (4) FINRA, on behalf of the Exchange,                net assets in the aggregate will be
                                                                                                            invested in non-agency CMBS, RMBS,                    SECURITIES AND EXCHANGE
                                                    will communicate as needed regarding                                                                          COMMISSION
                                                    trading in the Shares, exchange-traded                  and ABS.
                                                    equity securities and futures contracts                    (8) Not more than 20% of the Fund’s                [Release No. 34–75567; File No. SR–BATS–
                                                    with other markets and other entities                   net assets will be invested in junior                 2015–54]
                                                    that are members of the ISG, and                        bank loans.
                                                                                                               (9) The Fund will invest only in U.S.              Self-Regulatory Organizations; BATS
                                                    FINRA, on behalf of the Exchange, may
                                                                                                            dollar-denominated loan assignments,                  Exchange, Inc.; Notice of Filing and
                                                    obtain trading information regarding
                                                                                                            and for investment purposes, a bank                   Immediate Effectiveness of a Proposed
                                                    trading in the Shares, exchange-traded
                                                                                                            loan must have a par amount                           Rule Change to Delay Implementation
                                                    equity securities and futures contracts
                                                                                                            outstanding of U.S. $150 million or                   of SR–BATS–2015–51
                                                    from such markets and other entities. In
                                                    addition, the Exchange may obtain                       greater at the time it is originally issued.          July 30, 2015.
                                                    information regarding trading in the                    Furthermore, the Adviser will invest                     Pursuant to Section 19(b)(1) of the
                                                    Shares, exchange-traded equity                          generally in loan assignments, including              Securities Exchange Act of 1934 (the
                                                    securities and futures contracts from                   bank loans, which it deems to be highly               ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    markets and other entities that are                     liquid, with readily available prices.                notice is hereby given that on July 23,
                                                    members of ISG or with which the                           (10) The Fund may hold up to an                    2015, BATS Exchange, Inc. (the
                                                    Exchange has in place a comprehensive                   aggregate amount of 15% of its net                    ‘‘Exchange’’ or ‘‘BATS’’) filed with the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    surveillance sharing agreement.31                       assets in illiquid assets (calculated at              Securities and Exchange Commission
                                                                                                            the time of investment), including Rule               (‘‘Commission’’) the proposed rule
                                                       30 The Exchange states that FINRA surveils
                                                                                                            144A fixed income securities and bank
                                                    trading on the Exchange pursuant to a regulatory        loans that are deemed illiquid by the                   33 15 U.S.C. 78f(b)(5).
                                                    services agreement. The Exchange is responsible for                                                             34 15
                                                    FINRA’s performance under this regulatory services                                                                    U.S.C. 78k–1(a)(1)(C)(iii).
                                                                                                                                                                    35 15 U.S.C. 78s(b)(2).
                                                    agreement.                                              may trade on markets that are members of ISG or
                                                                                                                                                                    36 17 CFR 200.30–3(a)(12).
                                                       31 For a list of the current members of ISG, see     with which the Exchange has in place a
                                                    www.isgportal.org. The Exchange notes that not all      comprehensive surveillance sharing agreement.           1 15 U.S.C. 78s(b)(1).

                                                    components of the Disclosed Portfolio for the Fund        32 17 CFR 240.10A–3.                                  2 17 CFR 240.19b–4.




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                                                    46616                       Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices

                                                    change as described in Items I and II                   (A) Self-Regulatory Organization’s                    promoting fair and orderly markets, as
                                                    below, which Items have been prepared                   Statement of the Purpose of, and                      well as the protection of investors and
                                                    by the Exchange. The Exchange has                       Statutory Basis for, the Proposed Rule                the public interest.
                                                    designated this proposal as a ‘‘non-                    Change
                                                                                                                                                                  (B) Self-Regulatory Organization’s
                                                    controversial’’ proposed rule change                    1. Purpose                                            Statement on Burden on Competition
                                                    pursuant to Section 19(b)(3)(A) of the
                                                                                                               The Exchange is proposing to delay                   The Exchange does not believe that
                                                    Act 3 and Rule 19b–4(f)(6)(iii)
                                                                                                            the implementation date of recent                     the proposed rule change will impose
                                                    thereunder,4 which renders it effective
                                                                                                            amendments to Rules 21.1(d)(9), (h) and               any burden on competition that is not
                                                    upon filing with the Commission. The                                                                          necessary or appropriate in furtherance
                                                    Commission is publishing this notice to                 (i) that modified the operation of BATS
                                                                                                            Post Only Orders subject to the Price                 of the purposes of the Act. The
                                                    solicit comments on the proposed rule                                                                         Exchange believes that the proposed
                                                    change from interested persons.                         Adjust process on BATS Options so that
                                                                                                            they will no longer remove liquidity                  delay of the implementation date will
                                                    I. Self-Regulatory Organization’s                       from the BATS Options Book 8 pursuant                 not have any impact on competition.
                                                    Statement of the Terms of Substance of                  to Rule 21.1(d)(9) where the value of                 (C) Self-Regulatory Organization’s
                                                    the Proposed Rule Change                                price improvement associated with such                Statement on Comments on the
                                                                                                            execution equals or exceeds the sum of                Proposed Rule Change Received from
                                                       The Exchange is proposing to delay                   fees charged for such execution and the               Members, Participants or Others
                                                    the implementation date of recent                       value of any rebate that would be
                                                    amendments to Rules 21.1(d)(9), (h) and                                                                          The Exchange has neither solicited
                                                                                                            provided if the order posted to the
                                                                                                                                                                  nor received written comments on the
                                                    (i) that modified the operation of BATS                 BATS Options Book and subsequently
                                                                                                                                                                  proposed rule change. The Exchange
                                                    Post Only Orders 5 subject to the Price                 provided liquidity.9 The proposed rule                has not received any written comments
                                                    Adjust 6 process on the Exchange’s                      change was filed with the Commission                  from members or other interested
                                                    options platform (‘‘BATS Options’’).7                   on June 30, 2015 for immediate                        parties.
                                                    The text of the proposed rule change is                 effectiveness pursuant to Rule 19b–
                                                    available at the Exchange’s Web site at                 4(f)(6)(iii) under the Act,10 and                     III. Date of Effectiveness of the
                                                    www.batstrading.com, at the principal                   therefore, is scheduled to become                     Proposed Rule Change and Timing for
                                                    office of the Exchange, and at the                      operative 30 days from the date on                    Commission Action
                                                    Commission’s Public Reference Room.                     which it was filed. Accordingly, the                     The Exchange has designated this rule
                                                                                                            proposed rule change is scheduled to                  filing as non-controversial under
                                                    II. Self-Regulatory Organization’s                      become operative on July 30, 2015. The                Section 19(b)(3)(A) of the Act 14 and
                                                    Statement of the Purpose of, and                        Exchange proposes to delay the                        paragraph (f)(6) of Rule 19b–4
                                                    Statutory Basis for, the Proposed Rule                  implementation of the proposed rule                   thereunder.15 The proposed rule change
                                                    Change                                                  change and will announce the exact                    effects a change that (A) does not
                                                                                                            date via a publicly disseminated trading              significantly affect the protection of
                                                      In its filing with the Commission, the                notice, which will be issued at least two             investors or the public interest; (B) does
                                                    Exchange included statements                            week prior to the implementation date.                not impose any significant burden on
                                                    concerning the purpose of and basis for                                                                       competition; and (C) by its terms, does
                                                    the proposed rule change and discussed                  2. Statutory Basis
                                                                                                                                                                  not become operative for 30 days after
                                                    any comments it received on the                            The Exchange believes that its                     the date of the filing, or such shorter
                                                    proposed rule change. The text of these                 proposal is consistent with Section 6(b)              time as the Commission may designate
                                                    statements may be examined at the                       of the Act 11 in general, and furthers the            if consistent with the protection of
                                                    places specified in Item IV below. The                  objectives of Section 6(b)(5) of the Act 12           investors and the public interest;
                                                    Exchange has prepared summaries, set                    in particular, in that it is designed to              provided that the self-regulatory
                                                    forth in Sections A, B, and C below, of                 promote just and equitable principles of              organization has given the Commission
                                                    the most significant parts of such                      trade, to foster cooperation and                      written notice of its intent to file the
                                                    statements.                                             coordination with persons engaged in                  proposed rule change, along with a brief
                                                                                                            facilitating transactions in securities, to           description and text of the proposed
                                                      3 15  U.S.C. 78s(b)(3)(A).                            remove impediments to and perfect the                 rule change, at least five business days
                                                      4 17  CFR 240.19b–4(f)(6)(iii).                       mechanism of a free and open market                   prior to the date of filing of the
                                                       5 BATS Post Only Orders are orders that are to be    and a national market system and, in                  proposed rule change, or such shorter
                                                    ranked and executed on the Exchange pursuant to         general, to protect investors and the                 time as designated by the Commission.
                                                    Rule 21.8 (Order Display and Book Processing) or        public interest. Delaying the                         The Exchange provided the Commission
                                                    cancelled, as appropriate, without routing away to      implementation date will provide the                  with written notice of its intent to file
                                                    another trading center. See Exchange Rule
                                                    21.1(d)(9).
                                                                                                            Exchange with additional time to                      the proposed rule change, along with a
                                                       6 In sum, under the Price Adjust process, a BATS     implement and test the necessary                      brief description and text of the
                                                    Post Only order that locks or crosses a Protected       modifications to its System,13 thereby                proposed rule change at least five
                                                    Quotation displayed by the Exchange upon entry                                                                business days prior to the date of this
                                                    will continue to be ranked and displayed by the           8 ‘‘BATS Options Book’’ is defined as ‘‘the         filing.
                                                    System at one minimum price variation below the         electronic book of options orders maintained by the      A proposed rule change filed under
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    current NBO (for bids) or to one minimum price          Trading System.’’ See Exchange Rule 16.1(a)(9).       Rule 19b–4(f)(6) 16 normally does not
                                                    variation above the current NBB (for offers). See         9 For a complete description of the proposed rule

                                                    Exchange Rule 21.1(i).                                  change, see supra note 7.
                                                                                                                                                                  become operative prior to 30 days after
                                                       7 See Securities Exchange Act Release No. 75360        10 17 CFR 240.19b–4(f)(6)(iii).                     the date of the filing. However, pursuant
                                                    (July 6, 2015), 80 FR 39816 (July 10, 2015) (SR–          11 15 U.S.C. 78f(b).

                                                    BATS–2015–51) (Notice of Filing and Immediate             12 15 U.S.C. 78f(b)(5).                             execution and, when applicable, routing away.’’
                                                    Effectiveness of a Proposed Rule Change to Modify         13 The term ‘‘System’’ is defined as ‘‘the          Rule 1.5(aa).
                                                                                                                                                                    14 15 U.S.C. 78s(b)(3)(A).
                                                    the Operation of BATS Post Only Orders Subject to       electronic communications and trading facility
                                                                                                                                                                    15 17 CFR 240.19b–4.
                                                    the Price Adjust Process on the Exchange’s Options      designated by the Board through which securities
                                                    Platform).                                              orders of Users are consolidated for ranking,           16 17 CFR 240.19b–4(f)(6).




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                                                                                Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices                                                     46617

                                                    to Rule 19b–4(f)(6)(iii), the Commission                post all comments on the Commission’s                 comments on the proposed rule change
                                                    may designate a shorter time if such                    Internet Web site (http://www.sec.gov/                from interested persons.
                                                    action is consistent with the protection                rules/sro.shtml). Copies of the
                                                                                                                                                                  I. Self-Regulatory Organization’s
                                                    of investors and the public interest. The               submission, all subsequent
                                                                                                                                                                  Statement of the Terms of Substance of
                                                    Exchange has asked the Commission to                    amendments, all written statements
                                                                                                            with respect to the proposed rule                     the Proposed Rule Change
                                                    waive the 30-day operative delay so that
                                                    BATS may implement the proposed rule                    change that are filed with the                           The Exchange proposes to amend
                                                    change immediately. The Commission                      Commission, and all written                           Rule 4703(a) to remove the Market
                                                    believes that waiving the 30-day                        communications relating to the                        Hours Immediate or Cancel Time in
                                                    operative delay is consistent with the                  proposed rule change between the                      Force and to delay implementation of
                                                    protection of investors and the public                  Commission and any person, other than                 changes to the Good-til-market close
                                                    interest as it will immediately notify                  those that may be withheld from the                   Time in Force, which were recently
                                                    members that the currently scheduled                    public in accordance with the                         adopted by BX but are not yet
                                                    operative date for recent amendments to                 provisions of 5 U.S.C. 552, will be                   implemented.
                                                    BATS Post Only Orders has changed                       available for Web site viewing and                       The text of the proposed rule change
                                                    from July 30, 2015.17 Therefore, the                    printing in the Commission’s Public                   is available on the Exchange’s Web site
                                                    Commission hereby waives the 30-day                     Reference Room, 100 F Street NE.,                     at http://
                                                    operative delay and designates the                      Washington, DC 20549 on official                      nasdaqomxbx.cchwallstreet.com, at the
                                                    proposed rule change to be operative                    business days between the hours of                    principal office of the Exchange, and at
                                                    upon filing with the Commission.18                      10:00 a.m. and 3:00 p.m. Copies of such               the Commission’s Public Reference
                                                       At any time within 60 days of the                    filing also will be available for                     Room.
                                                    filing of the proposed rule change, the                 inspection and copying at the principal
                                                    Commission may summarily                                offices of the Exchange. All comments                 II. Self-Regulatory Organization’s
                                                    temporarily suspend such rule change if                 received will be posted without change;               Statement of the Purpose of, and
                                                    it appears to the Commission that such                  the Commission does not edit personal                 Statutory Basis for, the Proposed Rule
                                                    action is: (1) Necessary or appropriate in              identifying information from                          Change
                                                    the public interest; (2) for the protection             submissions. You should submit only                     In its filing with the Commission, the
                                                    of investors; or (3) otherwise in                       information that you wish to make                     Exchange included statements
                                                    furtherance of the purposes of the Act.                 available publicly. All submissions                   concerning the purpose of and basis for
                                                    If the Commission takes such action, the                should refer to File Number SR–BATS–                  the proposed rule change and discussed
                                                    Commission shall institute proceedings                  2015–54, and should be submitted on or                any comments it received on the
                                                    to determine whether the proposed rule                  before August 26, 2015.                               proposed rule change. The text of these
                                                    should be approved or disapproved.                        For the Commission, by the Division of              statements may be examined at the
                                                    IV. Solicitation of Comments                            Trading and Markets, pursuant to delegated            places specified in Item IV below. The
                                                                                                            authority.19                                          Exchange has prepared summaries, set
                                                      Interested persons are invited to                     Robert W. Errett,                                     forth in sections A, B, and C below, of
                                                    submit written data, views, and                         Deputy Secretary.                                     the most significant aspects of such
                                                    arguments concerning the foregoing,                                                                           statements.
                                                                                                            [FR Doc. 2015–19133 Filed 8–4–15; 8:45 am]
                                                    including whether the proposed rule
                                                                                                            BILLING CODE 8011–01–P
                                                    change is consistent with the Act.                                                                            A. Self-Regulatory Organization’s
                                                    Comments may be submitted by any of                                                                           Statement of the Purpose of, and
                                                    the following methods:                                                                                        Statutory Basis for, the Proposed Rule
                                                                                                            SECURITIES AND EXCHANGE
                                                                                                                                                                  Change
                                                    Electronic Comments                                     COMMISSION
                                                      • Use the Commission’s Internet                       [Release No. 34–75568; File No. SR–BX–
                                                                                                                                                                  1. Purpose
                                                    comment form (http://www.sec.gov/                       2015–043]                                               The Exchange is proposing to amend
                                                    rules/sro.shtml); or                                                                                          Rule 4703(a) to remove the Market
                                                      • Send an email to rule-comments@                     Self-Regulatory Organizations;                        Hours Immediate or Cancel (‘‘Market
                                                    sec.gov. Please include File Number SR–                 NASDAQ OMX BX, Inc.; Notice of Filing                 Hours IOC’’ or ‘‘MIOC’’) Time-in-Force
                                                    BATS–2015–54 on the subject line.                       and Immediate Effectiveness of                        and to delay implementation of changes
                                                                                                            Proposed Rule Change to Amend Rule                    to the Good-til-market close (‘‘GTMC’’)
                                                    Paper Comments                                          4703(a)                                               Time-in-Force, which were recently
                                                      • Send paper comments in triplicate                                                                         adopted by BX but are not yet
                                                                                                            July 30, 2015.
                                                    to Brent J. Fields, Secretary, Securities                                                                     implemented.3 Time-in-Force (‘‘TIF’’) is
                                                                                                               Pursuant to Section 19(b)(1) of the
                                                    and Exchange Commission, 100 F Street
                                                                                                            Securities Exchange Act of 1934
                                                    NE., Washington, DC 20549–1090.
                                                                                                            (‘‘Act’’),1 and Rule 19b-4 thereunder,2                  3 The Exchange notes that the text at issue in this

                                                    All submissions should refer to File                    notice is hereby given that on July 20,               filing concerning the MIOC TIF under Rule
                                                    Number SR–BATS–2015–54. This file                                                                             4703(a)(1) is not yet implemented, but was recently
                                                                                                            2015, NASDAQ OMX BX, Inc. (‘‘BX’’ or                  inadvertently incorporated into the BX rulebook
                                                    number should be included on the                        ‘‘Exchange’’) filed with the Securities               when the Commission approved certain rules
                                                    subject line if email is used. To help the              and Exchange Commission (‘‘SEC’’ or                   governing the BX equities market in order to
                                                    Commission process and review your
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                                                                                                            ‘‘Commission’’) the proposed rule                     provide additional detail and clarity regarding its
                                                    comments more efficiently, please use                                                                         order type functionality. See Securities Exchange
                                                                                                            change as described in Items I and II                 Act Release No. 75291 (June 24, 2015), 80 FR 37698
                                                    only one method. The Commission will                    below, which Items have been prepared                 (July 1, 2015) (SR–BX–2015–015). Notwithstanding
                                                                                                            by the Exchange. The Commission is                    its inadvertent inclusion in the rulebook, the rule
                                                      17 See supra note 7.
                                                                                                            publishing this notice to solicit                     text concerning the MIOC TIF is not yet effective.
                                                      18 For purposes only of waiving the operative                                                               The Exchange had anticipated implementing the
                                                    delay for this proposal, the Commission has                                                                   MIOC and GTMC changes in the second quarter of
                                                                                                              19 17 CFR 200.30–3(a)(12).
                                                    considered the proposed rule’s impact on                                                                      2015. See Securities Exchange Act Release No.
                                                                                                              1 15 U.S.C. 78s(b)(1).
                                                    efficiency, competition, and capital formation. See                                                           74638 (April 2, 2015), 80 FR 18890 (April 8, 2015)
                                                    15 U.S.C. 78c(f).                                         2 17 CFR 240.19b-4.                                 (SR–BX–2015–016).



                                               VerDate Sep<11>2014   16:54 Aug 04, 2015   Jkt 235001   PO 00000   Frm 00080   Fmt 4703   Sfmt 4703   E:\FR\FM\05AUN1.SGM   05AUN1



Document Created: 2018-02-23 10:53:25
Document Modified: 2018-02-23 10:53:25
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 46615 

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