80 FR 63857 - Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt Rule 2.4, Mandatory Participation in Testing of Backup Systems

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 203 (October 21, 2015)

Page Range		63857-63859
FR Document		2015-26679
Federal Register, Volume 80 Issue 203 (Wednesday, October 21, 2015)
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63857-63859]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26679]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76164; File No. SR-EDGX-2015-45]


Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt 
Rule 2.4, Mandatory Participation in Testing of Backup Systems

October 15, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on October 2, 2015, EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to adopt business continuity and 
disaster recovery plans (``BC/DR plans'') testing requirements for 
certain Exchange Members \5\ in connection with Regulation Systems 
Compliance and Integrity (``Regulation SCI''), as further described 
below.\6\
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    \5\ The term ``Member'' is defined as ``any registered broker or 
dealer that has been admitted to membership in the Exchange.'' See 
Exchange Rule 1.5(n).
    \6\ See Securities Exchange Act Release No. 73639 (November 19, 
2014), 79 FR 72252 (December 5, 2014) (``SCI Adopting Release'').
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    As adopted by the Commission, Regulation SCI applies to certain 
self-regulatory organizations (including the Exchange), alternative 
trading systems (``ATSs''), plan processors, and exempt clearing 
agencies (collectively, ``SCI entities''), and will require these SCI 
entities to comply with requirements with respect to the automated 
systems central to the performance of their regulated activities. Among 
the requirements of Regulation SCI is Rule 1001(a)(2)(v), which 
requires the Exchange and other SCI entities to maintain ``[b]usiness 
continuity and disaster recovery plans that include maintaining backup 
and recovery capabilities sufficiently resilient and geographically 
diverse and that are reasonably designed to achieve next business day 
resumption of trading and two-hour resumption of critical SCI systems 
following a wide-scale disruption.'' \7\ The Exchange takes pride in 
the reliability and availability of its systems. Historically, Exchange 
systems have been up and available more than 99.9% of the time; yet as 
a precaution, the Exchange has put extensive time and resources toward 
planning for system failures and already maintains robust BC/DR plans 
consistent with the Rule. As set forth below, in connection with 
Regulation SCI, the Exchange is proposing to require certain Members to 
participate in testing of the operation of the Exchange's BC/DR plans.
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    \7\ 17 CFR 242.1001(a)(2)(v).
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    With respect to an SCI entity's BC/DR plans, including its backup 
systems, paragraph (a) of Rule 1004 of Regulation SCI requires each SCI 
entity to:

[[Page 63858]]

``[e]stablish standards for the designation of those members or 
participants that the SCI entity reasonably determines are, taken as a 
whole, the minimum necessary for the maintenance of fair and orderly 
markets in the event of the activation of such plans.'' \8\ Paragraph 
(b) of Rule 1004 further requires each SCI entity to ``[d]esignate 
members or participants pursuant to the standards established in 
paragraph (a) of [Rule 1004] and require participation by such 
designated members or participants in scheduled functional and 
performance testing of the operation of such plans, in the manner and 
frequency specified by the SCI entity, provided that such frequency 
shall not be less than once every 12 months.'' \9\ In order to comply 
with Rule 1004 of Regulation SCI, the Exchange proposes to adopt Rule 
2.4, governing mandatory participation in testing of Exchange backup 
systems, as described below. The Exchange proposes to delete current 
Rule 2.4 in its entirety because such rule was applicable to a waive-in 
process offered by the Exchange when it commenced operations and is now 
obsolete.
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    \8\ 17 CFR 242.1004(a).
    \9\ 17 CFR 242.1004(b).
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    First, in paragraph (a) of Rule 2.4, the Exchange proposes to 
include language from paragraph (a) of Rule 1004 of Regulation SCI to 
summarize the Exchange's obligation pursuant to such rule. 
Specifically, the Exchange proposes to state that ``[p]ursuant to 
Regulation SCI and with respect to the Exchange's business continuity 
and disaster recovery plans, including its backup systems, the Exchange 
is required to establish standards for the designation of Members that 
the Exchange reasonably determines are, taken as a whole, the minimum 
necessary for the maintenance of fair and orderly markets in the event 
of the activation of such plans.'' The Exchange further proposes that 
paragraph (a) indicate that the ``Exchange has established standards 
and will designate Members according to those standards'' as set forth 
in the proposed Rule. In addition, the Exchange proposes to make clear 
that all Members are permitted to connect to the Exchange's backup 
systems as well as to participate in testing of such systems. Proposed 
paragraph (a) is consistent with the Commission's adoption of 
Regulation SCI, which encouraged ``SCI entities to permit non-
designated members or participants to participate in the testing of the 
SCI entity's BC/DR plans if they request to do so.'' \10\
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    \10\ See SCI Adopting Release, supra note 6 at 72350.
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    Second, in paragraph (b) of Rule 2.4, the Exchange proposes to 
specify the criteria that will result in a Member receiving a 
designation requiring it to connect to the Exchange's backup systems 
and to participate in functional and performance testing as announced 
by the Exchange, which shall occur at least once every 12 months. 
Specifically, proposed paragraph (b) would require all Members that 
account for a meaningful percentage of the Exchange's volume to connect 
to the Exchange's backup systems and to participate in functional and 
performance testing.
    The Exchange notes that it encourages all Members to connect to the 
Exchange's backup systems and to participate in testing of such 
systems. In fact, the Exchange provides logical ports free of charge to 
all Members that connect to Exchange backup systems in order to help 
reduce the economic burden of maintaining connectivity to Exchange 
backup systems. However, in adopting the requirements of Rule 2.4(b), 
including both the requirement to maintain connectivity to Exchange 
backup systems and to participate in mandatory testing of such systems, 
the Exchange intends to subject to the Rule only those Members that the 
Exchange believes are necessary to maintain fair and orderly markets at 
the Exchange. The Exchange believes that designating Members to 
participate in mandatory testing because they account for a meaningful 
percentage of the Exchange's overall volume is a reasonable means to 
ensure the maintenance of a fair and orderly market on the Exchange.
    In addition to paragraphs (a) and (b) described above, the Exchange 
also proposes to adopt Interpretation and Policy .01, which would 
provide additional detail regarding the notice that will be provided to 
Members that have been designated pursuant to subparagraph (b) of the 
Rule as well as the Exchange's method for measuring the volume 
threshold. As proposed, Interpretation and Policy .01 would state that 
for purposes of identifying Members that account for a meaningful 
percentage of the Exchange's overall volume, the Exchange will measure 
volume executed on the Exchange on a quarterly basis. The percentage of 
volume that the Exchange considers to be meaningful for purposes of 
this Interpretation and Policy .01 will be determined by the Exchange 
and will be published in a circular distributed to Members. The 
Exchange will publish the first circular consistent with this proposal 
prior to the Regulation SCI compliance date of November 3, 2015. The 
proposed Interpretation and Policy would also require the Exchange to 
notify individual Members quarterly that are subject to proposed 
paragraph (b) based on the prior calendar quarter's volume. Finally, as 
proposed, if a Member has not previously been subject to the 
requirements of proposed paragraph (b), then such Member would have 
until the next calendar quarter before such requirements are 
applicable. The Exchange believes the proposed notice requirements are 
necessary to provide Members with proper advance notice in the event 
they become subject to proposed Rule 2.4(b). The proposed timeframes 
would also provide Members with adequate time to become compliant with 
such Rule due to the necessary infrastructure changes it may take to 
connect to the Exchange's backup systems for a Member that is not 
already connected.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \11\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \12\ in particular, in that it is designed to 
promote just and equitable principles of trade, to 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 proposal will ensure that the Members necessary to ensure 
the maintenance of a fair an orderly market are properly designated 
consistent with Rule 1004 of Regulation SCI. Specifically, the proposal 
will adopt criteria with respect to the designation of Members that are 
required to participate in the testing of the Exchange's BC/DR plans, 
as well as appropriate notification regarding such designation. As set 
forth in the SCI Adopting Release, ``SROs have the authority, and legal 
responsibility, under Section 6 of the Exchange Act, to adopt and 
enforce rules (including rules to comply with Regulation SCI's 
requirements relating to BC/DR testing) applicable to their members or 
participants that are designed to, among other things, foster 
cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, to remove impediments to and 
perfect the

[[Page 63859]]

mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest.'' \13\ The 
Exchange believes that this proposal is consistent with such authority 
and legal responsibility.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ See SCI Adopting Release, supra note 6 at 72350.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. To the contrary, the proposal 
is not a competitive proposal but rather is necessary for the 
Exchange's compliance with Regulation SCI.

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposal 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 No. SR-EDGX-2015-45 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 No. SR-EDGX-2015-45. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing will also 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 No. SR-EDGX-2015-45 and should be 
submitted on or before November 12, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26679 Filed 10-20-15; 8:45 am]
BILLING CODE 8011-01-P
Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices 63857

furtherance of the purposes of the Act. For the Commission, by the Division of the Commission’s Public Reference
If the Commission takes such action, the Trading and Markets, pursuant to delegated Room.
Commission shall institute proceedings authority.16
Robert W. Errett, II. Self-Regulatory Organization’s
to determine whether the proposed rule
Deputy Secretary. Statement of the Purpose of, and
should be approved or disapproved.
[FR Doc. 2015–26678 Filed 10–20–15; 8:45 am]
Statutory Basis for, the Proposed Rule
IV. Solicitation of Comments Change
BILLING CODE 8011–01–P
Interested persons are invited to In its filing with the Commission, the
submit written data, views and Exchange included statements
arguments concerning the foregoing, SECURITIES AND EXCHANGE concerning the purpose of and basis for
including whether the proposal is COMMISSION the proposed rule change and discussed
consistent with the Act. Comments may [Release No. 34–76164; File No. SR–EDGX– any comments it received on the
be submitted by any of the following 2015–45] proposed rule change. The text of these
methods: statements may be examined at the
Self-Regulatory Organizations; EDGX places specified in Item IV below. The
Electronic Comments Exchange, Inc.; Notice of Filing and Exchange has prepared summaries, set
• Use the Commission’s Internet Immediate Effectiveness of a Proposed forth in Sections A, B, and C below, of
comment form (http://www.sec.gov/ Rule Change To Adopt Rule 2.4, the most significant parts of such
rules/sro.shtml); or Mandatory Participation in Testing of statements.
Backup Systems
• Send an email to rule-comments@ A. Self-Regulatory Organization’s
sec.gov. Please include File No. SR– October 15, 2015. Statement of the Purpose of, and
BYX–2015–44 on the subject line. Pursuant to Section 19(b)(1) of the Statutory Basis for, the Proposed Rule
Securities Exchange Act of 1934 (the Change
Paper Comments
‘‘Act’’),1 and Rule 19b–4 thereunder,2
1. Purpose
• Send paper comments in triplicate notice is hereby given that on October
to Secretary, Securities and Exchange 2, 2015, EDGX Exchange, Inc. (the As adopted by the Commission,
Commission, 100 F Street NE., ‘‘Exchange’’ or ‘‘EDGX’’) filed with the Regulation SCI applies to certain self-
Washington, DC 20549–1090. Securities and Exchange Commission regulatory organizations (including the
(‘‘Commission’’) the proposed rule Exchange), alternative trading systems
All submissions should refer to File No. change as described in Items I and II (‘‘ATSs’’), plan processors, and exempt
SR–BYX–2015–44. This file number below, which Items have been prepared clearing agencies (collectively, ‘‘SCI
should be included on the subject line by the Exchange. The Exchange has entities’’), and will require these SCI
if email is used. To help the designated this proposal as a ‘‘non- entities to comply with requirements
Commission process and review your controversial’’ proposed rule change with respect to the automated systems
comments more efficiently, please use pursuant to Section 19(b)(3)(A) of the central to the performance of their
only one method. The Commission will Act 3 and Rule 19b–4(f)(6)(iii) regulated activities. Among the
post all comments on the Commission’s thereunder,4 which renders it effective requirements of Regulation SCI is Rule
Internet Web site (http://www.sec.gov/ upon filing with the Commission. The 1001(a)(2)(v), which requires the
rules/sro.shtml). Copies of the Commission is publishing this notice to Exchange and other SCI entities to
submission, all subsequent solicit comments on the proposed rule maintain ‘‘[b]usiness continuity and
amendments, all written statements change from interested persons. disaster recovery plans that include
with respect to the proposed rule maintaining backup and recovery
change that are filed with the I. Self-Regulatory Organization’s
Statement of the Terms of Substance of capabilities sufficiently resilient and
Commission, and all written geographically diverse and that are
communications relating to the the Proposed Rule Change
reasonably designed to achieve next
proposed rule change between the The Exchange filed a proposal to business day resumption of trading and
Commission and any person, other than adopt business continuity and disaster two-hour resumption of critical SCI
those that may be withheld from the recovery plans (‘‘BC/DR plans’’) testing systems following a wide-scale
public in accordance with the requirements for certain Exchange disruption.’’ 7 The Exchange takes pride
provisions of 5 U.S.C. 552, will be Members 5 in connection with in the reliability and availability of its
available for Web site viewing and Regulation Systems Compliance and systems. Historically, Exchange systems
printing in the Commission’s Public Integrity (‘‘Regulation SCI’’), as further have been up and available more than
Reference Room, 100 F Street NE., described below.6 99.9% of the time; yet as a precaution,
Washington, DC 20549, on official The text of the proposed rule change the Exchange has put extensive time
business days between the hours of is available at the Exchange’s Web site and resources toward planning for
10:00 a.m. and 3:00 p.m. Copies of such at www.batstrading.com, at the system failures and already maintains
filing will also be available for principal office of the Exchange, and at robust BC/DR plans consistent with the
inspection and copying at the principal Rule. As set forth below, in connection
16 17 CFR 200.30–3(a)(12).
office of the Exchange. All comments with Regulation SCI, the Exchange is
1 15 U.S.C. 78s(b)(1).
received will be posted without change; 2 17 CFR 240.19b–4. proposing to require certain Members to
the Commission does not edit personal 3 15 U.S.C. 78s(b)(3)(A). participate in testing of the operation of
identifying information from
tkelley on DSK3SPTVN1PROD with NOTICES

4 17 CFR 240.19b–4(f)(6)(iii). the Exchange’s BC/DR plans.
submissions. You should submit only 5 The term ‘‘Member’’ is defined as ‘‘any With respect to an SCI entity’s BC/DR
information that you wish to make registered broker or dealer that has been admitted plans, including its backup systems,
available publicly. All submissions to membership in the Exchange.’’ See Exchange
paragraph (a) of Rule 1004 of Regulation
should refer to File No. SR–BYX–2015– Rule 1.5(n).
6 See Securities Exchange Act Release No. 73639 SCI requires each SCI entity to:
44 and should be submitted on or before (November 19, 2014), 79 FR 72252 (December 5,
November 12, 2015. 2014) (‘‘SCI Adopting Release’’). 7 17 CFR 242.1001(a)(2)(v).

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Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices 63859

mechanism of a free and open market If the Commission takes such action, the For the Commission, by the Division of
and a national market system, and, in Commission shall institute proceedings Trading and Markets, pursuant to delegated
general, to protect investors and the to determine whether the proposed rule authority.16
public interest.’’ 13 The Exchange should be approved or disapproved. Robert W. Errett,
believes that this proposal is consistent Deputy Secretary.
with such authority and legal IV. Solicitation of Comments [FR Doc. 2015–26679 Filed 10–20–15; 8:45 am]
responsibility. Interested persons are invited to BILLING CODE 8011–01–P

B. Self-Regulatory Organization’s submit written data, views and
Statement on Burden on Competition arguments concerning the foregoing,
SECURITIES AND EXCHANGE
including whether the proposal is COMMISSION
The Exchange does not believe that
consistent with the Act. Comments may
the proposed rule change will impose [Release No. 34–76165; File No. SR–EDGA–
be submitted by any of the following
any burden on competition not 2015–40]
methods:
necessary or appropriate in furtherance
of the purposes of the Act. To the Electronic Comments Self-Regulatory Organizations; EDGA
contrary, the proposal is not a Exchange, Inc.; Notice of Filing and
competitive proposal but rather is • Use the Commission’s Internet Immediate Effectiveness of a Proposed
necessary for the Exchange’s comment form (http://www.sec.gov/ Rule Change To Adopt Rule 2.4,
compliance with Regulation SCI. rules/sro.shtml); or Mandatory Participation in Testing of
C. Self-Regulatory Organization’s • Send an email to rule-comments@ Backup Systems
Statement on Comments on the sec.gov. Please include File No. SR– October 15, 2015.
Proposed Rule Change Received From EDGX–2015–45 on the subject line. Pursuant to Section 19(b)(1) of the
Members, Participants or Others Paper Comments Securities Exchange Act of 1934 (the
The Exchange has neither solicited ‘‘Act’’),1 and Rule 19b–4 thereunder,2
• Send paper comments in triplicate notice is hereby given that on October
nor received written comments on the
proposed rule change. to Secretary, Securities and Exchange 2, 2015, EDGA Exchange, Inc. (the
Commission, 100 F Street NE., ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
III. Date of Effectiveness of the Washington, DC 20549–1090. Securities and Exchange Commission
Proposed Rule Change and Timing for (‘‘Commission’’) the proposed rule
Commission Action All submissions should refer to File No.
change as described in Items I and II
SR–EDGX–2015–45. This file number
The Exchange has designated this rule below, which Items have been prepared
should be included on the subject line by the Exchange. The Exchange has
filing as non-controversial under if email is used. To help the
Section 19(b)(3)(A) of the Act 14 and designated this proposal as a ‘‘non-
Commission process and review your controversial’’ proposed rule change
paragraph (f)(6) of Rule 19b–4 comments more efficiently, please use
thereunder.15 The proposed rule change pursuant to Section 19(b)(3)(A) of the
only one method. The Commission will Act 3 and Rule 19b–4(f)(6)(iii)
effects a change that (A) does not post all comments on the Commission’s
significantly affect the protection of thereunder,4 which renders it effective
Internet Web site (http://www.sec.gov/ upon filing with the Commission. The
investors or the public interest; (B) does rules/sro.shtml). Copies of the
not impose any significant burden on Commission is publishing this notice to
submission, all subsequent solicit comments on the proposed rule
competition; and (C) by its terms, does amendments, all written statements
not become operative for 30 days after change from interested persons.
with respect to the proposed rule
the date of the filing, or such shorter change that are filed with the I. Self-Regulatory Organization’s
time as the Commission may designate Commission, and all written Statement of the Terms of Substance of
if consistent with the protection of communications relating to the the Proposed Rule Change
investors and the public interest; proposed rule change between the The Exchange filed a proposal to
provided that the self-regulatory Commission and any person, other than adopt business continuity and disaster
organization has given the Commission those that may be withheld from the recovery plans (‘‘BC/DR plans’’) testing
written notice of its intent to file the public in accordance with the requirements for certain Exchange
proposed rule change, along with a brief provisions of 5 U.S.C. 552, will be Members 5 in connection with
description and text of the proposed available for Web site viewing and Regulation Systems Compliance and
rule change, at least five business days printing in the Commission’s Public Integrity (‘‘Regulation SCI’’), as further
prior to the date of filing of the Reference Room, 100 F Street NE., described below.6
proposed rule change, or such shorter Washington, DC 20549, on official The text of the proposed rule change
time as designated by the Commission. business days between the hours of is available at the Exchange’s Web site
At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of such at www.batstrading.com, at the
filing of the proposed rule change, the filing will also be available for principal office of the Exchange, and at
Commission may summarily inspection and copying at the principal
temporarily suspend such rule change if office of the Exchange. All comments 16 17 CFR 200.30–3(a)(12).
it appears to the Commission that such received will be posted without change;
1 15 U.S.C. 78s(b)(1).
action is: (1) Necessary or appropriate in the Commission does not edit personal
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
the public interest; (2) for the protection identifying information from
tkelley on DSK3SPTVN1PROD with NOTICES

4 17 CFR 240.19b–4(f)(6)(iii).
of investors; or (3) otherwise in submissions. You should submit only 5 The term ‘‘Member’’ is defined as ‘‘any
furtherance of the purposes of the Act. information that you wish to make registered broker or dealer that has been admitted
13 See SCI Adopting Release, supra note 6 at
available publicly. All submissions to membership in the Exchange.’’ See Exchange
should refer to File No. SR–EDGX– Rule 1.5(n).
72350. 6 See Securities Exchange Act Release No. 73639
14 15 U.S.C. 78s(b)(3)(A). 2015–45 and should be submitted on or (November 19, 2014), 79 FR 72252 (December 5,
15 17 CFR 240.19b–4. before November 12, 2015. 2014) (‘‘SCI Adopting Release’’).

VerDate Sep<11>2014 22:39 Oct 20, 2015 Jkt 238001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\21OCN1.SGM 21OCN1
Document Created: 2018-02-27 08:53:50
Document Modified: 2018-02-27 08:53:50
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 63857