80_FR_60612 80 FR 60419 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delete Rule 2.13, Fidelity Bonds

80 FR 60419 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delete Rule 2.13, Fidelity Bonds

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 193 (October 6, 2015)

Page Range60419-60421
FR Document2015-25327

Federal Register, Volume 80 Issue 193 (Tuesday, October 6, 2015)
[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)]
[Notices]
[Pages 60419-60421]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25327]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76054; File No. SR-BATS-2015-78]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Delete 
Rule 2.13, Fidelity Bonds

September 30, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'')\1\, and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on September 24, 2015, BATS Exchange, Inc. (the ``Exchange'' or 
``BZX'') 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\ See 15 U.S.C. 78s(b)(1).
    \2\ See 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 delete Rule 2.13, Fidelity Bonds, in 
order to conform to the rules of EDGA Exchange, Inc. (``EDGA'') and 
EDGX Exchange, Inc. (``EDGX'').
    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 aspects of such 
statements.

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

1. Purpose
    In early 2014, the Exchange and its affiliate, BATS Y-Exchange, 
Inc. (``BYX''), received approval to effect a merger (the ``Merger'') 
of the Exchange's parent company, BATS Global Markets, Inc., with 
Direct Edge Holdings LLC, the indirect parent of EDGX and EDGA 
(together with BZX, BYX and EDGX, the ``BGM Affiliated Exchanges'').\5\ 
In the context of the Merger, the BGM Affiliated Exchanges are working 
to align its [sic] rules, retaining only intended differences between 
the BGM Affiliated Exchanges. Thus, the proposal set forth below is 
intended to delete Rule 2.13, Fidelity Bonds, in order to conform to 
the rules of EDGA and EDGX in order to provide a consistent rule set 
across each of the BGM Affiliated Exchanges.\6\
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    \5\ See Securities Exchange Act Release No. 71375 (January 23, 
2014), 79 FR 4771 (January 29, 2014) (SR-BATS-2013-059; SR-BYX-2013-
039).
    \6\ The Exchange notes that BYX intends to file a proposal to 
delete its identical Rule 2.13, Fidelity Bonds.
---------------------------------------------------------------------------

    In sum, Exchange Rule 2.13(a) states that each Member \7\ required 
to join the Securities Investor Protection Corporation (``SIPC'') who 
has employees and who is a member in good standing of another self-
regulatory organization shall follow the applicable fidelity bond rule 
of the self-regulatory organization to which it is designated by the 
Commission for financial responsibility pursuant to Section 17 of the 
Act and SEC Rule 17d-1 thereunder (i.e., its Designated Examining 
Authority or ``DEA''). Subparagraph (b) to Rule 2.13 simply 
incorporates by reference NASD Rule 3020 (now FINRA Rule 4360) in to 
Exchange Rule 2.13. Subparagraph (c) of Rule 2.13 states that 
references to: (i) An ``Association member'' shall be construed as 
references to a ``Member''; and (ii) Article I, paragraph (q) of the 
By-Laws shall be construed as references to Exchange Rule 1.5(q). 
Lastly, subparagraph (d) to Rule 2.13 states that pursuant to Exchange 
Rule 1.6, any Member subject to paragraph (c) of NASD Rule 3020 (now 
FINRA Rule 4360), through the application of paragraph (b) of Rule 
2.13, may apply to the Exchange for an exemption from such 
requirements. The exemption may be granted upon a showing of good 
cause, including a substantial change in

[[Page 60420]]

the circumstances or nature of the Member's business that results in a 
lower net capital requirement. The Exchange may issue an exemption 
subject to any condition or limitation upon a Member's bonding coverage 
that is deemed necessary to protect the public and serve the purposes 
of Rule 2.13.
---------------------------------------------------------------------------

    \7\ A Member is defined as ``any registered broker or dealer 
that has been admitted to membership in the Exchange.'' See Exchange 
Rule 1.5(n).
---------------------------------------------------------------------------

    The Exchange does not, nor does it currently intend to, act in the 
capacity of a DEA. Therefore, Rule 2.13 is obsolete as it does not 
apply to any of the Exchange's Members.\8\ The Exchange believes that 
eliminating Rule 2.13 would avoid unnecessary confusion with respect to 
the Exchange's rules because it does not have a direct nexus to the 
trading on the Exchange or the relationship between the Exchange and 
its Members. Deleting Rule 2.13 would not ease any of the requirements 
on its Members that are required to join SIPC as the Financial Industry 
Regulatory Authority (``FINRA'') and the New York Stock Exchange, Inc. 
(``NYSE'') serve as a DEA for those Members and include rules with 
similar requirements as current Exchange Rule 2.13.\9\ In addition, the 
Exchange notes that EDGA and EDGX do not contain a similar rule. As a 
result, eliminating Rule 2.13 would also provide for a consistent rule 
set across each of the BGM Affiliated Exchanges.
---------------------------------------------------------------------------

    \8\ The Exchange will submit a rule filing to the Commission to 
adopt requirements similar or identical to current Rule 2.13 should 
it become a DEA for any of its Members in the future.
    \9\ See FINRA Rule 4360 and NYSE Rule 4360.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change 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.\10\ 
Specifically, the proposed change is consistent with Section 6(b)(5) of 
the Act,\11\ because it is designed to promote just and equitable 
principles of trade, to remove impediments to, and perfect the 
mechanism of, a free and open market and a national market system, and, 
in general, to protect investors and the public interest. The proposed 
rule change is designed to provide a consistent rule set across each of 
the BGM Affiliated Exchanges. As mentioned above, the proposed rule 
changes, combined with the planned filing for BYX, would provide for a 
consistent set of rules across each of the BGM Affiliated Exchanges. 
Consistent rules, in turn, will simplify the regulatory requirements 
for Members of the Exchange that are also participants on EDGA, EDGX 
and/or BYX as well as result in greater uniformity, less burdensome and 
more efficient regulatory compliance and understanding of Exchange 
Rules. As such, the proposed rule change would foster cooperation and 
coordination with persons engaged in facilitating transactions in 
securities and would remove impediments to and perfect the mechanism of 
a free and open market and a national market system.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In addition, the proposed rule change would eliminate unnecessary 
confusion with respect to the Exchange's rules by removing a rule that 
has never had a direct nexus to the trading on the Exchange or the 
relationship between the Exchange and its Members. The Exchange 
believes that Rule 2.13 is obsolete as the Exchange does not, nor does 
it currently intend to, act in the capacity of a DEA. Deleting Rule 
2.13 would not ease any of the requirements on its Members that are 
required to join SIPC as FINRA and the NYSE serve as a DEA for those 
Members and include rules containing similar requirements as current 
Exchange Rule 2.13.\12\ The Exchange believes that eliminating these 
rules will reduce any investor confusion regarding a rule the Exchange 
has never applied, nor intends to apply. Further, eliminating 
unnecessary and obsolete rules removes impediments to the perfection of 
the mechanisms for a free and open market system consistent with the 
requirements of Section 6(b)(5) of the Act.\13\
---------------------------------------------------------------------------

    \12\ See FINRA Rule 4360 and NYSE Rule 4360.
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The Exchange 
notes that deleting Rule 2.13 will align Exchange rules with those of 
the BGM Affiliated Exchanges. The Exchange has never utilized this 
rule, nor does the Exchange intend to utilize it in the future. 
Therefore, the Exchange does not believe that eliminating Rule 2.13 
will impose any burden 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.

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

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    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-2015-78 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-BATS-2015-78. This file 
number should be included on the

[[Page 60421]]

subject line if email is used. To help the Commission process and 
review your comments more efficiently, please use only one method. The 
Commission will post all comments on the Commission's Internet Web site 
(http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for Web site viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE., Washington, 
DC 20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change; the Commission does not edit 
personal identifying information from submissions. You should submit 
only information that you wish to make available publicly.
    All submissions should refer to File Number SR-BATS-2015-78 and 
should be submitted on or before October 27, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ See 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-25327 Filed 10-5-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Notices                                                  60419

                                              Comments may be submitted by any of                       SECURITIES AND EXCHANGE                               A. Self-Regulatory Organization’s
                                              the following methods:                                    COMMISSION                                            Statement of the Purpose of, and
                                                                                                                                                              Statutory Basis for, the Proposed Rule
                                              Electronic Comments                                       [Release No. 34–76054; File No. SR–BATS–
                                                                                                                                                              Change
                                                                                                        2015–78]
                                                • Use the Commission’s Internet                                                                               1. Purpose
                                              comment form (http://www.sec.gov/                         Self-Regulatory Organizations; BATS
                                                                                                                                                                 In early 2014, the Exchange and its
                                              rules/sro.shtml); or                                      Exchange, Inc.; Notice of Filing and
                                                                                                                                                              affiliate, BATS Y-Exchange, Inc.
                                                • Send an email to rule-                                Immediate Effectiveness of Proposed
                                                                                                                                                              (‘‘BYX’’), received approval to effect a
                                              comments@sec.gov. Please include File                     Rule Change To Delete Rule 2.13,
                                                                                                                                                              merger (the ‘‘Merger’’) of the Exchange’s
                                              Number SR–FINRA–2015–033 on the                           Fidelity Bonds
                                                                                                                                                              parent company, BATS Global Markets,
                                              subject line.                                             September 30, 2015.                                   Inc., with Direct Edge Holdings LLC, the
                                              Paper Comments                                               Pursuant to Section 19(b)(1) of the                indirect parent of EDGX and EDGA
                                                                                                        Securities Exchange Act of 1934                       (together with BZX, BYX and EDGX, the
                                                • Send paper comments in triplicate                     (‘‘Act’’)1, and Rule 19b–4 thereunder,2               ‘‘BGM Affiliated Exchanges’’).5 In the
                                              to Robert W. Errett, Deputy Secretary,                    notice is hereby given that on                        context of the Merger, the BGM
                                              Securities and Exchange Commission,                       September 24, 2015, BATS Exchange,                    Affiliated Exchanges are working to
                                              100 F Street NE., Washington, DC                          Inc. (the ‘‘Exchange’’ or ‘‘BZX’’) filed              align its [sic] rules, retaining only
                                              20549–1090.                                               with the Securities and Exchange                      intended differences between the BGM
                                                                                                        Commission (‘‘Commission’’) the                       Affiliated Exchanges. Thus, the proposal
                                              All submissions should refer to File                                                                            set forth below is intended to delete
                                                                                                        proposed rule change as described in
                                              Number SR–FINRA–2015–033. This file                                                                             Rule 2.13, Fidelity Bonds, in order to
                                                                                                        Items I and II below, which Items have
                                              number should be included on the                                                                                conform to the rules of EDGA and EDGX
                                                                                                        been prepared by the Exchange. The
                                              subject line if email is used. To help the                                                                      in order to provide a consistent rule set
                                                                                                        Exchange has designated this proposal
                                              Commission process and review your                                                                              across each of the BGM Affiliated
                                                                                                        as a ‘‘non-controversial’’ proposed rule
                                              comments more efficiently, please use                                                                           Exchanges.6
                                                                                                        change pursuant to Section 19(b)(3)(A)
                                              only one method. The Commission will                                                                               In sum, Exchange Rule 2.13(a) states
                                                                                                        of the Act 3 and Rule 19b–4(f)(6)(iii)
                                              post all comments on the Commission’s                                                                           that each Member 7 required to join the
                                                                                                        thereunder,4 which renders it effective
                                              Internet Web site (http://www.sec.gov/                                                                          Securities Investor Protection
                                                                                                        upon filing with the Commission. The
                                              rules/sro.shtml). Copies of the                                                                                 Corporation (‘‘SIPC’’) who has
                                                                                                        Commission is publishing this notice to
                                              submission, all subsequent                                                                                      employees and who is a member in
                                                                                                        solicit comments on the proposed rule
                                              amendments, all written statements                                                                              good standing of another self-regulatory
                                                                                                        change from interested persons.
                                              with respect to the proposed rule                                                                               organization shall follow the applicable
                                              change that are filed with the                            I. Self-Regulatory Organization’s                     fidelity bond rule of the self-regulatory
                                              Commission, and all written                               Statement of the Terms of Substance of                organization to which it is designated by
                                              communications relating to the                            the Proposed Rule Change                              the Commission for financial
                                              proposed rule change between the                             The Exchange is proposing to delete                responsibility pursuant to Section 17 of
                                              Commission and any person, other than                     Rule 2.13, Fidelity Bonds, in order to                the Act and SEC Rule 17d-1 thereunder
                                              those that may be withheld from the                       conform to the rules of EDGA Exchange,                (i.e., its Designated Examining
                                              public in accordance with the                             Inc. (‘‘EDGA’’) and EDGX Exchange, Inc.               Authority or ‘‘DEA’’). Subparagraph (b)
                                              provisions of 5 U.S.C. 552, will be                       (‘‘EDGX’’).                                           to Rule 2.13 simply incorporates by
                                              available for Web site viewing and                           The text of the proposed rule change               reference NASD Rule 3020 (now FINRA
                                              printing in the Commission’s Public                       is available at the Exchange’s Web site               Rule 4360) in to Exchange Rule 2.13.
                                              Reference Room, 100 F Street NE.,                         at www.batstrading.com, at the                        Subparagraph (c) of Rule 2.13 states that
                                              Washington, DC 20549, on official                         principal office of the Exchange, and at              references to: (i) An ‘‘Association
                                              business days between the hours of                        the Commission’s Public Reference                     member’’ shall be construed as
                                              10:00 a.m. and 3:00 p.m. Copies of such                   Room.                                                 references to a ‘‘Member’’; and (ii)
                                              filing also will be available for                                                                               Article I, paragraph (q) of the By-Laws
                                              inspection and copying at the principal                   II. Self-Regulatory Organization’s
                                                                                                                                                              shall be construed as references to
                                              office of FINRA. All comments received                    Statement of the Purpose of, and
                                                                                                                                                              Exchange Rule 1.5(q). Lastly,
                                              will be posted without change; the                        Statutory Basis for, the Proposed Rule
                                                                                                                                                              subparagraph (d) to Rule 2.13 states that
                                              Commission does not edit personal                         Change
                                                                                                                                                              pursuant to Exchange Rule 1.6, any
                                              identifying information from                                In its filing with the Commission, the              Member subject to paragraph (c) of
                                              submissions. You should submit only                       Exchange included statements                          NASD Rule 3020 (now FINRA Rule
                                              information that you wish to make                         concerning the purpose of and basis for               4360), through the application of
                                              available publicly. All submissions                       the proposed rule change and discussed                paragraph (b) of Rule 2.13, may apply to
                                              should refer to File Number SR–FINRA–                     any comments it received on the                       the Exchange for an exemption from
                                              2015–033 and should be submitted on                       proposed rule change. The text of these               such requirements. The exemption may
                                              or before October 27, 2015.                               statements may be examined at the                     be granted upon a showing of good
                                                For the Commission, by the Division of                  places specified in Item IV below. The                cause, including a substantial change in
                                              Trading and Markets, pursuant to delegated                Exchange has prepared summaries, set
                                              authority.19                                              forth in sections A., B., and C. below, of               5 See Securities Exchange Act Release No. 71375
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Robert W. Errett,                                         the most significant aspects of such                  (January 23, 2014), 79 FR 4771 (January 29, 2014)
                                                                                                                                                              (SR–BATS–2013–059; SR–BYX–2013–039).
                                              Deputy Secretary.                                         statements.                                              6 The Exchange notes that BYX intends to file a

                                              [FR Doc. 2015–25329 Filed 10–5–15; 8:45 am]                                                                     proposal to delete its identical Rule 2.13, Fidelity
                                                                                                          1 See 15 U.S.C. 78s(b)(1).                          Bonds.
                                              BILLING CODE 8011–01–P                                      2 See 17 CFR 240.19b–4.                                7 A Member is defined as ‘‘any registered broker
                                                                                                          3 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                              or dealer that has been admitted to membership in
                                                19 17   CFR 200.30–3(a)(12).                              4 17 CFR 240.19b–4(f)(6)(iii).                      the Exchange.’’ See Exchange Rule 1.5(n).



                                         VerDate Sep<11>2014     18:31 Oct 05, 2015   Jkt 238001   PO 00000   Frm 00071   Fmt 4703   Sfmt 4703   E:\FR\FM\06OCN1.SGM   06OCN1


                                              60420                        Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Notices

                                              the circumstances or nature of the                      regulatory requirements for Members of                III. Date of Effectiveness of the
                                              Member’s business that results in a                     the Exchange that are also participants               Proposed Rule Change and Timing for
                                              lower net capital requirement. The                      on EDGA, EDGX and/or BYX as well as                   Commission Action
                                              Exchange may issue an exemption                         result in greater uniformity, less                       The Exchange has designated this rule
                                              subject to any condition or limitation                  burdensome and more efficient                         filing as non-controversial under
                                              upon a Member’s bonding coverage that                   regulatory compliance and                             Section 19(b)(3)(A) of the Act 14 and
                                              is deemed necessary to protect the                      understanding of Exchange Rules. As                   paragraph (f)(6) of Rule 19b–4
                                              public and serve the purposes of Rule                   such, the proposed rule change would                  thereunder.15 The proposed rule change
                                              2.13.                                                   foster cooperation and coordination                   effects a change that (A) does not
                                                 The Exchange does not, nor does it                   with persons engaged in facilitating                  significantly affect the protection of
                                              currently intend to, act in the capacity                transactions in securities and would                  investors or the public interest; (B) does
                                              of a DEA. Therefore, Rule 2.13 is                       remove impediments to and perfect the                 not impose any significant burden on
                                              obsolete as it does not apply to any of                 mechanism of a free and open market                   competition; and (C) by its terms, does
                                              the Exchange’s Members.8 The                            and a national market system.                         not become operative for 30 days after
                                              Exchange believes that eliminating Rule                    In addition, the proposed rule change              the date of the filing, or such shorter
                                              2.13 would avoid unnecessary                            would eliminate unnecessary confusion                 time as the Commission may designate
                                              confusion with respect to the                           with respect to the Exchange’s rules by               if consistent with the protection of
                                              Exchange’s rules because it does not                    removing a rule that has never had a                  investors and the public interest;
                                              have a direct nexus to the trading on the               direct nexus to the trading on the                    provided that the self-regulatory
                                              Exchange or the relationship between                    Exchange or the relationship between                  organization has given the Commission
                                              the Exchange and its Members. Deleting                  the Exchange and its Members. The                     written notice of its intent to file the
                                              Rule 2.13 would not ease any of the                     Exchange believes that Rule 2.13 is                   proposed rule change, along with a brief
                                              requirements on its Members that are                    obsolete as the Exchange does not, nor                description and text of the proposed
                                              required to join SIPC as the Financial                  does it currently intend to, act in the               rule change, at least five business days
                                              Industry Regulatory Authority                           capacity of a DEA. Deleting Rule 2.13                 prior to the date of filing of the
                                              (‘‘FINRA’’) and the New York Stock                      would not ease any of the requirements                proposed rule change, or such shorter
                                              Exchange, Inc. (‘‘NYSE’’) serve as a DEA                on its Members that are required to join              time as designated by the Commission.
                                              for those Members and include rules                     SIPC as FINRA and the NYSE serve as                      At any time within 60 days of the
                                              with similar requirements as current                    a DEA for those Members and include                   filing of the proposed rule change, the
                                              Exchange Rule 2.13.9 In addition, the                   rules containing similar requirements as              Commission may summarily
                                              Exchange notes that EDGA and EDGX                       current Exchange Rule 2.13.12 The                     temporarily suspend such rule change if
                                              do not contain a similar rule. As a                     Exchange believes that eliminating these              it appears to the Commission that such
                                              result, eliminating Rule 2.13 would also                rules will reduce any investor confusion              action is: (1) Necessary or appropriate in
                                              provide for a consistent rule set across                regarding a rule the Exchange has never               the public interest; (2) for the protection
                                              each of the BGM Affiliated Exchanges.                   applied, nor intends to apply. Further,               of investors; or (3) otherwise in
                                              2. Statutory Basis                                      eliminating unnecessary and obsolete                  furtherance of the purposes of the Act.
                                                                                                      rules removes impediments to the                      If the Commission takes such action, the
                                                 The Exchange believes that the                       perfection of the mechanisms for a free               Commission shall institute proceedings
                                              proposed rule change is consistent with                 and open market system consistent with                to determine whether the proposed rule
                                              the requirements of the Act and the                     the requirements of Section 6(b)(5) of                should be approved or disapproved.
                                              rules and regulations thereunder that                   the Act.13
                                              are applicable to a national securities                                                                       IV. Solicitation of Comments
                                              exchange, and, in particular, with the                  B. Self-Regulatory Organization’s
                                                                                                                                                              Interested persons are invited to
                                              requirements of Section 6(b) of the                     Statement on Burden on Competition
                                                                                                                                                            submit written data, views, and
                                              Act.10 Specifically, the proposed change                   The Exchange does not believe that                 arguments concerning the foregoing,
                                              is consistent with Section 6(b)(5) of the               the proposed rule change will result in               including whether the proposed rule
                                              Act,11 because it is designed to promote                any burden on competition that is not                 change is consistent with the Act.
                                              just and equitable principles of trade, to              necessary or appropriate in furtherance               Comments may be submitted by any of
                                              remove impediments to, and perfect the                  of the purposes of the Act. The                       the following methods:
                                              mechanism of, a free and open market                    Exchange notes that deleting Rule 2.13
                                              and a national market system, and, in                   will align Exchange rules with those of               Electronic Comments
                                              general, to protect investors and the                   the BGM Affiliated Exchanges. The                       • Use the Commission’s Internet
                                              public interest. The proposed rule                      Exchange has never utilized this rule,                comment form (http://www.sec.gov/
                                              change is designed to provide a                         nor does the Exchange intend to utilize               rules/sro.shtml); or
                                              consistent rule set across each of the                  it in the future. Therefore, the Exchange               • Send an email to rule-comments@
                                              BGM Affiliated Exchanges. As                            does not believe that eliminating Rule                sec.gov. Please include File Number SR–
                                              mentioned above, the proposed rule                      2.13 will impose any burden on                        BATS–2015–78 on the subject line.
                                              changes, combined with the planned                      competition.
                                              filing for BYX, would provide for a                                                                           Paper Comments
                                              consistent set of rules across each of the              C. Self-Regulatory Organization’s                       • Send paper comments in triplicate
                                              BGM Affiliated Exchanges. Consistent                    Statement on Comments on the                          to Secretary, Securities and Exchange
                                              rules, in turn, will simplify the                       Proposed Rule Change Received from                    Commission, 100 F Street NE.,
                                                                                                      Members, Participants, or Others
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                            Washington, DC 20549–1090.
                                                8 The Exchange will submit a rule filing to the
                                                                                                        The Exchange has neither solicited                  All submissions should refer to File
                                              Commission to adopt requirements similar or
                                              identical to current Rule 2.13 should it become a       nor received written comments on the                  Number SR–BATS–2015–78. This file
                                              DEA for any of its Members in the future.               proposed rule change.                                 number should be included on the
                                                9 See FINRA Rule 4360 and NYSE Rule 4360.
                                                10 15 U.S.C. 78f(b).                                    12 See   FINRA Rule 4360 and NYSE Rule 4360.          14 15   U.S.C. 78s(b)(3)(A).
                                                11 15 U.S.C. 78f(b)(5).                                 13 15   U.S.C. 78f(b)(5).                             15 17   CFR 240.19b–4.



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                                                                           Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Notices                                                          60421

                                              subject line if email is used. To help the              September 22, 2015, Financial Industry                   A. Self-Regulatory Organization’s
                                              Commission process and review your                      Regulatory Authority, Inc. (‘‘FINRA’’)                   Statement of the Purpose of, and
                                              comments more efficiently, please use                   filed with the Securities and Exchange                   Statutory Basis for, the Proposed Rule
                                              only one method. The Commission will                    Commission (‘‘SEC’’ or ‘‘Commission’’)                   Change
                                              post all comments on the Commission’s                   the proposed rule change as described
                                              Internet Web site (http://www.sec.gov/                                                                           1. Purpose
                                                                                                      in Items I, II, and III below, which Items
                                              rules/sro.shtml).                                       have been prepared by FINRA. FINRA                       Background
                                                 Copies of the submission, all                        has designated the proposed rule change                     With limited exceptions, FINRA trade
                                              subsequent amendments, all written                                                                               reporting rules require that members
                                                                                                      as constituting a ‘‘non-controversial’’
                                              statements with respect to the proposed                                                                          report OTC transactions in equity
                                                                                                      rule change under paragraph (f)(6) of
                                              rule change that are filed with the                                                                              securities by submitting a ‘‘tape’’ report
                                              Commission, and all written                             Rule 19b–4 under the Act,3 which
                                                                                                      renders the proposal effective upon                      (the transaction is reported for public
                                              communications relating to the                                                                                   dissemination purposes) to FINRA.5 In
                                              proposed rule change between the                        receipt of this filing by the Commission.
                                                                                                      The Commission is publishing this                        some instances, members may be
                                              Commission and any person, other than                                                                            required (or may choose) to also submit
                                              those that may be withheld from the                     notice to solicit comments on the
                                                                                                      proposed rule change from interested                     one or more ‘‘non-tape’’ reports (the
                                              public in accordance with the                                                                                    transaction is not reported for
                                              provisions of 5 U.S.C. 552, will be                     persons.
                                                                                                                                                               publication) in connection with the
                                              available for Web site viewing and
                                                                                                      I. Self-Regulatory Organization’s                        transaction. For example, members
                                              printing in the Commission’s Public
                                                                                                      Statement of the Terms of the Substance                  executing OTC transactions as riskless
                                              Reference Room, 100 F Street NE.,
                                                                                                      of the Proposed Rule Change                              principal 6 or agent on behalf of other
                                              Washington, DC 20549, on official
                                                                                                                                                               members are required to submit non-
                                              business days between the hours of                         FINRA is proposing to amend FINRA                     tape report(s) to identify other FINRA
                                              10:00 a.m. and 3:00 p.m. Copies of the                  rules governing the reporting of over-                   members that are parties to the trade.7
                                              filing also will be available for                       the-counter (‘‘OTC’’) transactions in                    Non-tape reports can be (1) ‘‘non-tape,
                                              inspection and copying at the principal
                                                                                                      equity securities to the FINRA                           non-clearing’’ (the transaction is not
                                              office of the Exchange. All comments
                                                                                                      Facilities 4 to allow the submission of                  reported to the tape and is submitted to
                                              received will be posted without change;
                                              the Commission does not edit personal                   ‘‘clearing-only, non-regulatory reports,’’               FINRA solely for regulatory purposes) or
                                              identifying information from                            as defined herein, relating to previously                (2) ‘‘clearing-only’’ (the transaction is
                                              submissions. You should submit only                     executed and reported transactions and                   not reported to the tape and is
                                              information that you wish to make                       exempt such reports from certain                         submitted to FINRA for clearing (and
                                              available publicly.                                     reporting requirements under FINRA                       perhaps also regulatory) purposes).
                                                 All submissions should refer to File                 rules.                                                   FINRA notes that members can elect,
                                              Number SR–BATS–2015–78 and should                                                                                but are not required, to have the FINRA
                                                                                                         The text of the proposed rule change
                                              be submitted on or before October 27,                                                                            Facility submit their trades to the
                                                                                                      is available on FINRA’s Web site at                      National Securities Clearing Corporation
                                              2015.                                                   http://www.finra.org, at the principal                   (‘‘NSCC’’) for clearance and settlement,
                                                For the Commission, by the Division of                office of FINRA and at the                               and in such instance, they would
                                              Trading and Markets, pursuant to delegated              Commission’s Public Reference Room.
                                              authority.16                                                                                                     designate the submission for clearing.8
                                                                                                      II. Self-Regulatory Organization’s                          Effective February 2, 2015, any
                                              Robert W. Errett,
                                                                                                      Statement of the Purpose of, and                         member operating an alternative trading
                                              Deputy Secretary.                                                                                                system (‘‘ATS’’) must obtain for each
                                              [FR Doc. 2015–25327 Filed 10–5–15; 8:45 am]             Statutory Basis for, the Proposed Rule
                                                                                                                                                               such ATS a single, unique market
                                                                                                      Change
                                              BILLING CODE 8011–01–P                                                                                           participant identifier (‘‘MPID’’) that is
                                                                                                        In its filing with the Commission,                     designated for exclusive use for
                                              SECURITIES AND EXCHANGE                                 FINRA included statements concerning
                                                                                                                                                                  5 FINRA trade reporting rules require that for
                                              COMMISSION                                              the purpose of and basis for the
                                                                                                                                                               transactions between members, the ‘‘executing
                                                                                                      proposed rule change and discussed any                   party’’ report the trade to FINRA. For transactions
                                              [Release No. 34–76061; File No. SR–FINRA–               comments it received on the proposed                     between a member and a non-member or customer,
                                              2015–035]                                                                                                        the member must report the trade. ‘‘Executing
                                                                                                      rule change. The text of these statements
                                                                                                                                                               party’’ is defined under FINRA rules as the member
                                              Self-Regulatory Organizations;                          may be examined at the places specified                  that receives an order for handling or execution or
                                              Financial Industry Regulatory                           in Item IV below. FINRA has prepared                     is presented an order against its quote, does not
                                                                                                      summaries, set forth in sections A, B,                   subsequently re-route the order, and executes the
                                              Authority, Inc.; Notice of Filing and                                                                            transaction. See Rules 6282(b), 6380A(b), 6380B(b)
                                              Immediate Effectiveness of a Proposed                   and C below, of the most significant                     and 6622(b).
                                              Rule Change Relating to the                             aspects of such statements.                                 6 For purposes of OTC trade reporting

                                              Submission of ‘‘Clearing-Only, Non-                                                                              requirements applicable to equity securities, a
                                              Regulatory Reports’’ to the FINRA                         3 17 CFR 240.19b–4(f)(6).                              ‘‘riskless principal’’ transaction is a transaction in
                                                                                                                                                               which a member, after having received an order to
                                              Equity Trade Reporting Facilities                         4 For purposes of this filing, the FINRA Facilities
                                                                                                                                                               buy (sell) a security, purchases (sells) the security
                                                                                                      are the Alternative Display Facility (‘‘ADF’’) and the
                                                                                                                                                               as principal (the initial leg) and satisfies the original
                                              September 30, 2015.                                     Trade Reporting Facilities (‘‘TRF’’), to which           order by selling (buying) as principal at the same
                                                 Pursuant to Section 19(b)(1) of the                  members report OTC transactions in NMS stocks, as        price.
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Securities Exchange Act of 1934                         defined in SEC Rule 600(b) of Regulation NMS; and           7 See Rules 6282(d)(4), 6380A(d)(4), 6380B(d)(4)
                                                                                                      the OTC Reporting Facility (‘‘ORF’’), to which           and 6622(d)(4).
                                              (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                                                                      members report transactions in ‘‘OTC Equity                 8 As noted, FINRA rules do not mandate that
                                              notice is hereby given that on                          Securities,’’ as defined in Rule 6420 (i.e., non-NMS     members submit OTC transactions for clearing
                                                                                                      stocks such as OTC Bulletin Board and OTC Market         through a FINRA Facility, and for example,
                                                16 See 17 CFR 200.30–3(a)(12).                        securities), as well as transactions in Restricted       members may elect to clear via direct submission
                                                1 15 U.S.C. 78s(b)(1).                                Equity Securities, as defined in Rule 6420, effected     to the NSCC by a Qualified Special Representative
                                                2 17 CFR 240.19b–4.                                   pursuant to Securities Act Rule 144A.                    (‘‘QSR’’).



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Document Created: 2015-12-15 08:50:46
Document Modified: 2015-12-15 08:50:46
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 60419 

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