80_FR_60617 80 FR 60424 - Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delete Rule 2.13, Fidelity Bonds

80 FR 60424 - Self-Regulatory Organizations; BATS Y-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 Range60424-60426
FR Document2015-25326

Federal Register, Volume 80 Issue 193 (Tuesday, October 6, 2015)
[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)]
[Notices]
[Pages 60424-60426]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25326]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76053; File No. SR-BYX-2015-42]


Self-Regulatory Organizations; BATS Y-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 Y-Exchange, Inc. (the ``Exchange'' or 
``BYX'') 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 Exchange, Inc. 
(``BZX''), 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 BZX 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,

[[Page 60425]]

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 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).
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    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.
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    \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.
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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 BZX, 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 BZX 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\
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    \12\ See FINRA Rule 4360 and NYSE Rule 4360.
    \13\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. 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

[[Page 60426]]

     Send an email to [email protected]. Please include 
File Number SR-BYX-2015-42 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-BYX-2015-42. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for Web site viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE., Washington, 
DC 20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing 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-BYX-2015-42 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\
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    \16\ See 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-25326 Filed 10-5-15; 8:45 am]
 BILLING CODE 8011-01-P



                                              60424                        Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Notices

                                              IV. Solicitation of Comments                              For the Commission, by the Division of              concerning the purpose of and basis for
                                                                                                      Trading and Markets, pursuant to delegated            the proposed rule change and discussed
                                                Interested persons are invited to                     authority.18                                          any comments it received on the
                                              submit written data, views, and                         Robert W. Errett,                                     proposed rule change. The text of these
                                              arguments concerning the foregoing,                     Deputy Secretary.                                     statements may be examined at the
                                              including whether the proposed rule                     [FR Doc. 2015–25330 Filed 10–5–15; 8:45 am]           places specified in Item IV below. The
                                              change is consistent with the Act.                      BILLING CODE 8011–01–P                                Exchange has prepared summaries, set
                                              Comments may be submitted by any of                                                                           forth in sections A., B., and C. below, of
                                              the following methods:                                                                                        the most significant aspects of such
                                                                                                      SECURITIES AND EXCHANGE                               statements.
                                              Electronic Comments                                     COMMISSION
                                                                                                                                                            A. Self-Regulatory Organization’s
                                                • Use the Commission’s Internet                       [Release No. 34–76053; File No. SR–BYX–               Statement of the Purpose of, and
                                              comment form (http://www.sec.gov/                       2015–42]                                              Statutory Basis for, the Proposed Rule
                                              rules/sro.shtml); or                                                                                          Change
                                                                                                      Self-Regulatory Organizations; BATS
                                                • Send an email to rule-                                                                                    1. Purpose
                                                                                                      Y-Exchange, Inc.; Notice of Filing and
                                              comments@sec.gov. Please include File                   Immediate Effectiveness of Proposed                      In early 2014, the Exchange and its
                                              Number SR–FINRA–2015–035 on the                         Rule Change To Delete Rule 2.13,                      affiliate, BATS Exchange, Inc. (‘‘BZX’’),
                                              subject line.                                           Fidelity Bonds                                        received approval to effect a merger (the
                                              Paper Comments                                                                                                ‘‘Merger’’) of the Exchange’s parent
                                                                                                      September 30, 2015.                                   company, BATS Global Markets, Inc.,
                                                • Send paper comments in triplicate                      Pursuant to Section 19(b)(1) of the                with Direct Edge Holdings LLC, the
                                              to Secretary, Securities and Exchange                   Securities Exchange Act of 1934                       indirect parent of EDGX, and EDGA
                                              Commission, 100 F Street NE.,                           (‘‘Act’’),1 and Rule 19b–4 thereunder,2               (together with BZX, BYX and EDGX, the
                                              Washington, DC 20549–1090.                              notice is hereby given that on                        ‘‘BGM Affiliated Exchanges’’).5 In the
                                                                                                      September 24, 2015, BATS Y-Exchange,                  context of the Merger, the BGM
                                              All submissions should refer to File                    Inc. (the ‘‘Exchange’’ or ‘‘BYX’’) filed              Affiliated Exchanges are working to
                                              Number SR–FINRA–2015–035. This file                     with the Securities and Exchange                      align its [sic] rules, retaining only
                                              number should be included on the                        Commission (‘‘Commission’’) the                       intended differences between the BGM
                                              subject line if email is used. To help the              proposed rule change as described in                  Affiliated Exchanges. Thus, the proposal
                                              Commission process and review your                      Items I and II below, which Items have                set forth below is intended to delete
                                              comments more efficiently, please use                   been prepared by the Exchange. The                    Rule 2.13, Fidelity Bonds, in order to
                                              only one method. The Commission will                    Exchange has designated this proposal                 conform to the rules of EDGA and EDGX
                                              post all comments on the Commission’s                   as a ‘‘non-controversial’’ proposed rule              in order to provide a consistent rule set
                                              Internet Web site (http://www.sec.gov/                  change pursuant to Section 19(b)(3)(A)                across each of the BGM Affiliated
                                              rules/sro.shtml). Copies of the                         of the Act 3 and Rule 19b–4(f)(6)(iii)                Exchanges.6
                                              submission, all subsequent                              thereunder,4 which renders it effective                  In sum, Exchange Rule 2.13(a) states
                                              amendments, all written statements                      upon filing with the Commission. The                  that each Member 7 required to join the
                                              with respect to the proposed rule                       Commission is publishing this notice to               Securities Investor Protection
                                              change that are filed with the                          solicit comments on the proposed rule                 Corporation (‘‘SIPC’’) who has
                                              Commission, and all written                             change from interested persons.                       employees and who is a member in
                                                                                                                                                            good standing of another self-regulatory
                                              communications relating to the                          I. Self-Regulatory Organization’s
                                                                                                                                                            organization shall follow the applicable
                                              proposed rule change between the                        Statement of the Terms of Substance of
                                                                                                                                                            fidelity bond rule of the self-regulatory
                                              Commission and any person, other than                   the Proposed Rule Change
                                                                                                                                                            organization to which it is designated by
                                              those that may be withheld from the                        The Exchange is proposing to delete                the Commission for financial
                                              public in accordance with the                           Rule 2.13, Fidelity Bonds, in order to                responsibility pursuant to Section 17 of
                                              provisions of 5 U.S.C. 552, will be                     conform to the rules of EDGA Exchange,                the Act and SEC Rule 17d–1 thereunder
                                              available for Web site viewing and                      Inc. (‘‘EDGA’’) and EDGX Exchange, Inc.               (i.e., its Designated Examining
                                              printing in the Commission’s Public                     (‘‘EDGX’’).                                           Authority or ‘‘DEA’’). Subparagraph (b)
                                              Reference Room, 100 F Street NE.,                          The text of the proposed rule change               to Rule 2.13 simply incorporates by
                                              Washington, DC 20549 on official                        is available at the Exchange’s Web site               reference NASD Rule 3020 (now FINRA
                                              business days between the hours of                      at www.batstrading.com, at the                        Rule 4360) in to Exchange Rule 2.13.
                                              10:00 a.m. and 3:00 p.m. Copies of such                 principal office of the Exchange, and at              Subparagraph (c) of Rule 2.13 states that
                                              filing also will be available for                       the Commission’s Public Reference                     references to: (i) An ‘‘Association
                                              inspection and copying at the principal                 Room.                                                 member’’ shall be construed as
                                              offices of FINRA. All comments                                                                                references to a ‘‘Member’’; and (ii)
                                                                                                      II. Self-Regulatory Organization’s                    Article I, paragraph (q) of the By-Laws
                                              received will be posted without change;                 Statement of the Purpose of, and
                                              the Commission does not edit personal                                                                         shall be construed as references to
                                                                                                      Statutory Basis for, the Proposed Rule                Exchange Rule 1.5(q). Lastly,
                                              identifying information from                            Change
                                              submissions. You should submit only
                                                                                                        In its filing with the Commission, the                 5 See Securities Exchange Act Release No. 71375
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                                              information that you wish to make                                                                             (January 23, 2014), 79 FR 4771 (January 29, 2014)
                                                                                                      Exchange included statements
                                              available publicly. All submissions                                                                           (SR–BATS–2013–059; SR–BYX–2013–039).
                                              should refer to File Number SR–FINRA–                     18 17 CFR 200.30–3(a)(12).
                                                                                                                                                               6 The Exchange notes that BZX intends to file a

                                              2015–035, and should be submitted on                                                                          proposal to delete its identical Rule 2.13, Fidelity
                                                                                                        1 See 15 U.S.C. 78s(b)(1).                          Bonds.
                                              or before October 27, 2015.                               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
                                                                                                        4 17 CFR 240.19b–4(f)(6)(iii).                      the Exchange.’’ See Exchange Rule 1.5(n).



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                                                                           Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Notices                                            60425

                                              subparagraph (d) to Rule 2.13 states that               public interest. The proposed rule                    2.13 will impose any burden on
                                              pursuant to Exchange Rule 1.6, any                      change is designed to provide a                       competition.
                                              Member subject to paragraph (c) of                      consistent rule set across each of the
                                                                                                                                                            C. Self-Regulatory Organization’s
                                              NASD Rule 3020 (now FINRA Rule                          BGM Affiliated Exchanges. As
                                                                                                                                                            Statement on Comments on the
                                              4360), through the application of                       mentioned above, the proposed rule
                                                                                                                                                            Proposed Rule Change Received from
                                              paragraph (b) of Rule 2.13, may apply to                changes, combined with the planned
                                              the Exchange for an exemption from                      filing for BZX, would provide for a                   Members, Participants, or Others
                                              such requirements. The exemption may                    consistent set of rules across each of the              The Exchange has neither solicited
                                              be granted upon a showing of good                       BGM Affiliated Exchanges. Consistent                  nor received written comments on the
                                              cause, including a substantial change in                rules, in turn, will simplify the                     proposed rule change.
                                              the circumstances or nature of the                      regulatory requirements for Members of
                                              Member’s business that results in a                     the Exchange that are also participants               III. Date of Effectiveness of the
                                              lower net capital requirement. The                      on EDGA, EDGX and/or BZX as well as                   Proposed Rule Change and Timing for
                                              Exchange may issue an exemption                         result in greater uniformity, less                    Commission Action
                                              subject to any condition or limitation                  burdensome and more efficient                            The Exchange has designated this rule
                                              upon a Member’s bonding coverage that                   regulatory compliance and                             filing as non-controversial under
                                              is deemed necessary to protect the                      understanding of Exchange Rules. As                   Section 19(b)(3)(A) of the Act 14 and
                                              public and serve the purposes of Rule                   such, the proposed rule change would                  paragraph (f)(6) of Rule 19b–4
                                              2.13.                                                   foster cooperation and coordination                   thereunder.15 The proposed rule change
                                                 The Exchange does not, nor does it                   with persons engaged in facilitating                  effects a change that (A) does not
                                              currently intend to, act in the capacity                transactions in securities and would                  significantly affect the protection of
                                              of a DEA. Therefore, Rule 2.13 is                       remove impediments to and perfect the                 investors or the public interest; (B) does
                                              obsolete as it does not apply to any of                 mechanism of a free and open market                   not impose any significant burden on
                                              the Exchange’s Members.8 The                            and a national market system.                         competition; and (C) by its terms, does
                                              Exchange believes that eliminating Rule                    In addition, the proposed rule change              not become operative for 30 days after
                                              2.13 would avoid unnecessary                            would eliminate unnecessary confusion                 the date of the filing, or such shorter
                                              confusion with respect to the                           with respect to the Exchange’s rules by               time as the Commission may designate
                                              Exchange’s rules because it does not                    removing a rule that has never had a                  if consistent with the protection of
                                              have a direct nexus to the trading on the               direct nexus to the trading on the                    investors and the public interest;
                                              Exchange or the relationship between                    Exchange or the relationship between                  provided that the self-regulatory
                                              the Exchange and its Members. Deleting                  the Exchange and its Members. The                     organization has given the Commission
                                              Rule 2.13 would not ease any of the                     Exchange believes that Rule 2.13 is                   written notice of its intent to file the
                                              requirements on its Members that are                    obsolete as the Exchange does not, nor                proposed rule change, along with a brief
                                              required to join SIPC as the Financial                  does it currently intend to, act in the               description and text of the proposed
                                              Industry Regulatory Authority                           capacity of a DEA. Deleting Rule 2.13                 rule change, at least five business days
                                              (‘‘FINRA’’) and the New York Stock                      would not ease any of the requirements
                                                                                                                                                            prior to the date of filing of the
                                              Exchange, Inc. (‘‘NYSE’’) serve as a DEA                on its Members that are required to join
                                                                                                                                                            proposed rule change, or such shorter
                                              for those Members and include rules                     SIPC as FINRA and the NYSE serve as
                                                                                                                                                            time as designated by the Commission.
                                              with similar requirements as current                    a DEA for those Members and include
                                              Exchange Rule 2.13.9 In addition, the                   rules containing similar requirements as                 At any time within 60 days of the
                                              Exchange notes that EDGA and EDGX                       current Exchange Rule 2.13.12 The                     filing of the proposed rule change, the
                                              do not contain a similar rule. As a                     Exchange believes that eliminating these              Commission may summarily
                                              result, eliminating Rule 2.13 would also                rules will reduce any investor confusion              temporarily suspend such rule change if
                                              provide for a consistent rule set across                regarding a rule the Exchange has never               it appears to the Commission that such
                                              each of the BGM Affiliated Exchanges.                   applied, nor intends to apply. Further,               action is: (1) Necessary or appropriate in
                                                                                                      eliminating unnecessary and obsolete                  the public interest; (2) for the protection
                                              2. Statutory Basis                                                                                            of investors; or (3) otherwise in
                                                                                                      rules removes impediments to the
                                                 The Exchange believes that the                       perfection of the mechanisms for a free               furtherance of the purposes of the Act.
                                              proposed rule change is consistent with                 and open market system consistent with                If the Commission takes such action, the
                                              the requirements of the Act and the                     the requirements of Section 6(b)(5) of                Commission shall institute proceedings
                                              rules and regulations thereunder that                   the Act.13                                            to determine whether the proposed rule
                                              are applicable to a national securities                                                                       should be approved or disapproved.
                                              exchange, and, in particular, with the                  B. Self-Regulatory Organization’s
                                                                                                      Statement on Burden on Competition                    IV. Solicitation of Comments
                                              requirements of Section 6(b) of the
                                              Act.10 Specifically, the proposed change                   The Exchange does not believe that                   Interested persons are invited to
                                              is consistent with Section 6(b)(5) of the               the proposed rule change will result in               submit written data, views, and
                                              Act,11 because it is designed to promote                any burden on competition that is not                 arguments concerning the foregoing,
                                              just and equitable principles of trade, to              necessary or appropriate in furtherance               including whether the proposed rule
                                              remove impediments to, and perfect the                  of the purposes of the Act. The                       change is consistent with the Act.
                                              mechanism of, a free and open market                    Exchange notes that deleting Rule 2.13                Comments may be submitted by any of
                                              and a national market system, and, in                   will align Exchange rules with those of               the following methods:
                                              general, to protect investors and the                   the BGM Affiliated Exchanges. The                     Electronic Comments
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      Exchange has never utilized this rule,
                                                8 The Exchange will submit a rule filing to the       nor does the Exchange intend to utilize                 • Use the Commission’s Internet
                                              Commission to adopt requirements similar or                                                                   comment form (http://www.sec.gov/
                                              identical to current Rule 2.13 should it become a       it in the future. Therefore, the Exchange
                                              DEA for any of its Members in the future.               does not believe that eliminating Rule                rules/sro.shtml); or
                                                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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                                              60426                          Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Notices

                                                • Send an email to rule-comments@                       SECURITIES AND EXCHANGE                               Participating Organizations approved by
                                              sec.gov. Please include File Number SR–                   COMMISSION                                            the SEC on December 3, 2010.3 The
                                              BYX–2015–42 on the subject line.                                                                                Commission is publishing this notice to
                                                                                                        [Release No. 34–76056; File No. 4–618]
                                                                                                                                                              solicit comments on the 17d–2 Plan
                                              Paper Comments                                                                                                  from interested persons.
                                                                                                        Program for Allocation of Regulatory
                                                • Send paper comments in triplicate                     Responsibilities Pursuant to Rule 17d–                I. Introduction
                                              to Secretary, Securities and Exchange                     2; Notice of Filing of Proposed
                                                                                                                                                                 Section 19(g)(1) of the Act,4 among
                                              Commission, 100 F Street NE.,                             Amended Plan for the Allocation of
                                                                                                                                                              other things, requires every self-
                                              Washington, DC 20549–1090.                                Regulatory Responsibilities Between
                                                                                                                                                              regulatory organization (‘‘SRO’’)
                                                                                                        BATS Exchange, Inc., BATS Y-
                                              All submissions should refer to File                                                                            registered as either a national securities
                                                                                                        Exchange, Inc., BOX Options
                                              Number SR–BYX–2015–42. This file                                                                                exchange or national securities
                                                                                                        Exchange LLC, Chicago Board Options
                                              number should be included on the                                                                                association to examine for, and enforce
                                                                                                        Exchange, Incorporated, C2 Options
                                              subject line if email is used. To help the                                                                      compliance by, its members and persons
                                                                                                        Exchange, Incorporated, Chicago
                                                                                                                                                              associated with its members with the
                                              Commission process and review your                        Stock Exchange, Inc., EDGA
                                                                                                                                                              Act, the rules and regulations
                                              comments more efficiently, please use                     Exchange, Inc., EDGX Exchange, Inc.,
                                                                                                                                                              thereunder, and the SRO’s own rules,
                                              only one method. The Commission will                      Financial Industry Regulatory
                                                                                                                                                              unless the SRO is relieved of this
                                              post all comments on the Commission’s                     Authority, Inc., International Securities
                                                                                                                                                              responsibility pursuant to Section 17(d)
                                              Internet Web site (http://www.sec.gov/                    Exchange, LLC, ISE Gemini, LLC,
                                                                                                                                                              or Section 19(g)(2) of the Act.5 Without
                                              rules/sro.shtml).                                         Miami International Securities
                                                                                                                                                              this relief, the statutory obligation of
                                                                                                        Exchange, LLC, The NASDAQ Stock
                                                 Copies of the submission, all                                                                                each individual SRO could result in a
                                                                                                        Market LLC, NASDAQ OMX BX, Inc.,
                                              subsequent amendments, all written                                                                              pattern of multiple examinations of
                                                                                                        NASDAQ OMX PHLX, Inc., National
                                              statements with respect to the proposed                                                                         broker-dealers that maintain
                                                                                                        Stock Exchange, Inc., New York Stock
                                              rule change that are filed with the                                                                             memberships in more than one SRO
                                                                                                        Exchange LLC, NYSE MKT LLC, and
                                              Commission, and all written                                                                                     (‘‘common members’’). Such regulatory
                                                                                                        NYSE Arca, Inc.
                                              communications relating to the                                                                                  duplication would add unnecessary
                                              proposed rule change between the                          September 30, 2015.                                   expenses for common members and
                                              Commission and any person, other than                        Pursuant to Section 17(d) of the                   their SROs.
                                                                                                        Securities Exchange Act of 1934                          Section 17(d)(1) of the Act 6 was
                                              those that may be withheld from the
                                                                                                        (‘‘Act’’),1 and Rule 17d–2 thereunder,2               intended, in part, to eliminate
                                              public in accordance with the
                                                                                                        notice is hereby given that on                        unnecessary multiple examinations and
                                              provisions of 5 U.S.C. 552, will be                                                                             regulatory duplication.7 With respect to
                                                                                                        September 2, 2015, BATS Exchange,
                                              available for Web site viewing and                                                                              a common member, Section 17(d)(1)
                                                                                                        Inc. (‘‘BATS’’), BATS Y-Exchange, Inc.
                                              printing in the Commission’s Public                       (‘‘BATS Y’’), BOX Options Exchange                    authorizes the Commission, by rule or
                                              Reference Room, 100 F Street NE.,                         LLC (‘‘BOX’’), Chicago Board Options                  order, to relieve an SRO of the
                                              Washington, DC 20549, on official                         Exchange, Incorporated (‘‘CBOE’’), C2                 responsibility to receive regulatory
                                              business days between the hours of                        Options Exchange, Incorporated (‘‘C2’’),              reports, to examine for and enforce
                                              10:00 a.m. and 3:00 p.m. Copies of the                    Chicago Stock Exchange, Inc. (‘‘CHX’’),               compliance with applicable statutes,
                                              filing also will be available for                         EDGA Exchange, Inc. (‘‘EDGA’’), EDGX                  rules, and regulations, or to perform
                                              inspection and copying at the principal                   Exchange, Inc. (‘‘EDGX’’), Financial                  other specified regulatory functions.
                                              office of the Exchange. All comments                      Industry Regulatory Authority, Inc.                      To implement Section 17(d)(1), the
                                              received will be posted without change;                   (‘‘FINRA’’), International Securities                 Commission adopted two rules: Rule
                                              the Commission does not edit personal                     Exchange, LLC (‘‘ISE’’), ISE Gemini, LLC              17d–1 and Rule 17d–2 under the Act.8
                                              identifying information from                              (‘‘ISE Gemini’’), Miami International                 Rule 17d–1 authorizes the Commission
                                              submissions. You should submit only                       Securities Exchange, LLC (‘‘MIAX’’),                  to name a single SRO as the designated
                                              information that you wish to make                         The NASDAQ Stock Market LLC                           examining authority (‘‘DEA’’) to
                                              available publicly.                                       (‘‘NASDAQ’’), NASDAQ OMX BX, Inc.                     examine common members for
                                                                                                        (‘‘BX’’), NASDAQ OMX PHLX, Inc.                       compliance with the financial
                                                 All submissions should refer to File                                                                         responsibility requirements imposed by
                                                                                                        (‘‘Phlx’’), National Stock Exchange, Inc.
                                              Number SR–BYX–2015–42 and should                          (‘‘NSX’’), New York Stock Exchange                    the Act, or by Commission or SRO
                                              be submitted on or before October 27,                     LLC (‘‘NYSE’’), NYSE MKT LLC (‘‘NYSE                  rules.9 When an SRO has been named as
                                              2015.                                                     MKT’’), and NYSE Arca, Inc. (‘‘NYSE                   a common member’s DEA, all other
                                                For the Commission, by the Division of                  Arca’’) (each, a ‘‘Participating                      SROs to which the common member
                                              Trading and Markets, pursuant to delegated                Organization,’’ and, together, the                    belongs are relieved of the responsibility
                                              authority.16                                              ‘‘Participating Organizations’’ or the
                                              Robert W. Errett,                                         ‘‘Parties’’), filed with the Securities and             3 See Securities Exchange Act Release No. 63230

                                                                                                        Exchange Commission (‘‘Commission’’                   (November 2, 2010), 75 FR 68632 (November 8,
                                              Deputy Secretary.                                                                                               1976).
                                                                                                        or ‘‘SEC’’) an amended plan for the                     4 15 U.S.C. 78s(g)(1).
                                              [FR Doc. 2015–25326 Filed 10–5–15; 8:45 am]
                                                                                                        allocation of regulatory responsibilities               5 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2),
                                              BILLING CODE 8011–01–P                                    with respect to certain Regulation NMS                respectively.
                                                                                                        Rules listed in Exhibit A to the Plan                   6 15 U.S.C. 78q(d)(1).
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                        (‘‘17d–2 Plan’’ or the ‘‘Plan’’). As further            7 See Securities Act Amendments of 1975, Report

                                                                                                        discussed in Section II, below, this                  of the Senate Committee on Banking, Housing, and
                                                                                                                                                              Urban Affairs to Accompany S. 249, S. Rep. No. 94–
                                                                                                        Agreement amends and restates the                     75, 94th Cong., 1st Session 32 (1975).
                                                                                                        agreement by and among the                              8 17 CFR 240.17d–1 and 17 CFR 240.17d–2,

                                                                                                                                                              respectively.
                                                                                                          1 15   U.S.C. 78q(d).                                 9 See Securities Exchange Act Release No. 12352
                                                16 See   17 CFR 200.30–3(a)(12).                          2 17   CFR 240.17d–2.                               (April 20, 1976), 41 FR 18808 (May 7, 1976).



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Document Created: 2015-12-15 08:50:49
Document Modified: 2015-12-15 08:50:49
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 60424 

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