80_FR_65483 80 FR 65277 - Self-Regulatory Organizations: Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 404

80 FR 65277 - Self-Regulatory Organizations: Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 404

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 206 (October 26, 2015)

Page Range65277-65279
FR Document2015-27072

Federal Register, Volume 80 Issue 206 (Monday, October 26, 2015)
[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Notices]
[Pages 65277-65279]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27072]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76201; File No. SR-MIAX-2015-59]


Self-Regulatory Organizations: Miami International Securities 
Exchange LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend Exchange Rule 404

October 20, 2015.
    Pursuant to the provisions of 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 October 15, 2015, Miami International 
Securities Exchange LLC (``MIAX'' or ``Exchange'') filed with the 
Securities and Exchange Commission (``Commission'') a proposed rule 
change as described in Items I, II, and III below, which Items have 
been prepared by the Exchange. 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.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 404 to 
replace the name ``Google Inc.'' with ``Alphabet Inc.''
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at 
MIAX's principal office, and at the Commission's Public Reference Room.

[[Page 65278]]

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
    The Exchange is proposing to amend Interpretations and Policies .08 
to MIAX Rule 404, entitled Mini Option Contracts, to replace the name 
``Google Inc.'' with ``Alphabet Inc.'' Google Inc. (``Google'') 
recently announced plans to reorganize and create a new public holding 
company, which will be called Alphabet Inc. (``Alphabet''). As a result 
of the holding company reorganization, each share of Class A Common 
Stock (``GOOGL''), on which the Exchange has the ability to list as a 
Mini Option, will automatically convert into an equivalent 
corresponding share of Alphabet Inc. stock. The symbol ``GOOGL'' 
remains unchanged.
    The Exchange is proposing to make this change to Interpretations 
and Policies .08 to enable the Exchange to list and trade Mini Options 
on Google, now Alphabet, Class A shares. The Exchange is proposing to 
make this change because, on October 5, 2015 Google reorganized and as 
a result underwent a name change.
    The purpose of this change is to ensure that Interpretations and 
Policies .08 to Exchange Rule 404 reflects the Exchange's intention to 
be able to list and trade Mini Options on only an exhaustive list of 
underlying securities outlined in Interpretations and Policies .08 to 
Rule 404. As a result, the proposed change will help avoid confusion.
2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with 
section 6(b) of the Act \3\ in general, and furthers the objectives of 
section 6(b)(5) of the Act \4\ in particular, in that it is designed to 
prevent fraudulent and manipulative acts and practices, to promote just 
and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in facilitating transactions in 
securities, to remove impediments to and perfect the mechanisms of a 
free and open market and a national market system and, in general, to 
protect investors and the public interest.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the proposed rule change to change the name Google 
to Alphabet to reflect the new ownership structure is consistent with 
the Act because the proposed change is merely updating the current name 
associated with the stock symbol GOOGL. The proposed change will allow 
for continued benefit to investors by enabling the Exchange to provide 
them with additional investment alternatives.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. In particular, the proposed 
rule change to change the name Google to Alphabet to reflect the new 
ownership structure is consistent with the Act because the proposed 
change is merely updating the current name associated with the stock 
symbol GOOGL. The proposed change will allow for continued benefit to 
investors by enabling the Exchange to provide them with additional 
investment alternatives.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days after the date of the filing, or such 
shorter time as the Commission may designate, it has become effective 
pursuant to 19(b)(3)(A) of the Act \5\ and Rule 19b-4(f)(6) \6\ 
thereunder.
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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-MIAX-2015-59 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-MIAX-2015-59. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal

[[Page 65279]]

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-MIAX-2015-59, and should be submitted on or before November 16, 
2015.

     For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority. \7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-27072 Filed 10-23-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Notices                                                 65277

                                                    believes that the proposed rule change                  to Section 19(b)(2) of the Act,44 to                   submitted on or before November 16,
                                                    does not raise any novel regulatory                     approve the proposed rule change, as                   2015.
                                                    considerations and should provide                       modified by Amendment No. 1, on an
                                                                                                                                                                   VI. Conclusion
                                                    greater specificity with respect to the                 accelerated basis.
                                                    functionality available on the Exchange                                                                          IT IS THEREFORE ORDERED,
                                                                                                            V. Solicitation of Comments on
                                                    as symbols are migrated to the Pillar                                                                          pursuant to Section 19(b)(2) of the
                                                                                                            Amendment No. 1
                                                    platform. For these reasons, the                                                                               Act,45 that the proposed rule change
                                                    Commission believes that the proposal                     Interested persons are invited to                    (SR–NYSEArca–2015–58), as modified
                                                    should help to prevent fraudulent and                   submit written data, views, and                        by Amendment No. 1 thereto, be, and
                                                    manipulative acts and practices,                        arguments concerning the foregoing,                    hereby is, approved on an accelerated
                                                    promote just and equitable principles of                including whether Amendment No. 1 is                   basis.
                                                    trade, remove impediments to and                        consistent with the Act. Comments may
                                                                                                            be submitted by any of the following                     For the Commission, by the Division of
                                                    perfect the mechanism of a free and
                                                                                                                                                                   Trading and Markets, pursuant to delegated
                                                    open market and a national market                       methods:
                                                                                                                                                                   authority.46
                                                    system, and, in general, protect                        Electronic Comments                                    Brent J. Fields,
                                                    investors and the public interest.
                                                                                                              • Use the Commission’s Internet                      Secretary.
                                                    IV. Accelerated Approval of                             comment form (http://www.sec.gov/                      [FR Doc. 2015–27069 Filed 10–23–15; 8:45 am]
                                                    Amendment No. 1                                         rules/sro.shtml); or                                   BILLING CODE 8011–01–P
                                                       In Amendment No. 1, the Exchange:                      • Send an email to rule-comments@
                                                    (i) Removes an erroneous reference to                   sec.gov. Please include File Number SR–
                                                    subparagraph (6) from proposed Rule                     NYSEArca–2015–58 on the subject line.                  SECURITIES AND EXCHANGE
                                                    7.11P(b); (ii) amends proposed Rule                                                                            COMMISSION
                                                                                                            Paper Comments
                                                    7.16P(f)(5)(A) to add the phrase ‘‘or
                                                    lower than’’ to clarify that short sale                    • Send paper comments in triplicate                 [Release No. 34–76201; File No. SR–MIAX–
                                                    orders with a working price and/or                      to Brent J. Fields, Secretary, Securities              2015–59]
                                                    display price below the NBB would also                  and Exchange Commission, 100 F Street
                                                    be re-priced to a Permitted Price; (iii)                NE., Washington, DC 20549–1090.                        Self-Regulatory Organizations: Miami
                                                    amends proposed Rule 7.16P(f)(5)(C) to                  All submissions should refer to File                   International Securities Exchange LLC;
                                                    clarify that the Exchange would treat all               Number SR–NYSEArca–2015–58. This                       Notice of Filing and Immediate
                                                    odd lot orders ranked Priority 2—                       file number should be included on the                  Effectiveness of a Proposed Rule
                                                    Display Orders in the same manner as                    subject line if email is used. To help the             Change To Amend Exchange Rule 404
                                                    Market Orders and other non-displayed                   Commission process and review your                     October 20, 2015.
                                                    orders; (iv) amends proposed Rule                       comments more efficiently, please use
                                                    7.16P(f)(5)(D) to provide that all Pegged               only one method. The Commission will                      Pursuant to the provisions of section
                                                    Orders and MPL Orders, including                        post all comments on the Commission’s                  19(b)(1) of the Securities Exchange Act
                                                    orders marked buy, sell long, and sell                  Internet Web site (http://www.sec.gov/                 of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                    short exempt, would use the national                    rules/sro.shtml). Copies of the                        thereunder, 2 notice is hereby given that
                                                    best bid or offer (‘‘NBBO’’) instead of the             submission, all subsequent                             on October 15, 2015, Miami
                                                    PBBO as the reference price; (v) amend                  amendments, all written statements                     International Securities Exchange LLC
                                                    proposed Rule 7.18P(b)(6) to specify                    with respect to the proposed rule                      (‘‘MIAX’’ or ‘‘Exchange’’) filed with the
                                                    that the Exchange would reject all                      change that are filed with the                         Securities and Exchange Commission
                                                    ‘‘incoming order instructions’’ during a                Commission, and all written                            (‘‘Commission’’) a proposed rule change
                                                    UTP Regulatory Halt other than those                    communications relating to the                         as described in Items I, II, and III below,
                                                    specified in proposed Rules 7.18P(b)(1)–                proposed rule change between the                       which Items have been prepared by the
                                                    (5); (vi) amend footnote 44 of the Notice               Commission and any person, other than                  Exchange. The Commission is
                                                    to add a reference to Limit Immediate-                  those that may be withheld from the                    publishing this notice to solicit
                                                    or-Cancel (‘‘IOC’’) Orders designated                   public in accordance with the                          comments on the proposed rule change
                                                    with a minimum trade size (‘‘MTS’’),                    provisions of 5 U.S.C. 552, will be                    from interested persons.
                                                    change the rule reference for MPL–IOC                   available for Web site viewing and                     I. Self-Regulatory Organization’s
                                                    Orders from Rule 7.31P(c)(3)(E) to Rule                 printing in the Commission’s Public                    Statement of the Terms of the Substance
                                                    7.31P(d)(3)(E), and add a reference to                  Reference Room, 100 F Street NE.,                      of the Proposed Rule Change
                                                    Day ISO ALO Orders; and (vii) amends                    Washington, DC 20549 on official
                                                    Rule 7.38P(b)(1) to add that if the limit               business days between the hours of                        The Exchange is filing a proposal to
                                                    price of an odd lot order to buy (sell) is              10:00 a.m. and 3:00 p.m. Copies of such                amend Exchange Rule 404 to replace the
                                                    above (below) the protected best offer                  filing also will be available for                      name ‘‘Google Inc.’’ with ‘‘Alphabet
                                                    (‘‘PBO’’) (protected best bid (‘‘PBB’’),                inspection and copying at the principal                Inc.’’
                                                    and the PBBO is crossed, it would have                  office of the Exchange. All comments                      The text of the proposed rule change
                                                    a working price equal to the PBB (PBO)                  received will be posted without change;                is available on the Exchange’s Web site
                                                    to ensure that an odd lot order to buy                  the Commission does not edit personal
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                   at http://www.miaxoptions.com/filter/
                                                    (sell) would not have a working price                   identifying information from                           wotitle/rule_filing, at MIAX’s principal
                                                    below (above) the PBB (PBO).                            submissions. You should submit only                    office, and at the Commission’s Public
                                                       The Commission believes that the                     information that you wish to make                      Reference Room.
                                                    changes proposed in Amendment No. 1                     available publicly. All submissions
                                                    are non-substantive and further clarify                 should refer to File Number SR–                          45 15 U.S.C. 78s(b)(2).
                                                    the operation of the proposed rules                     NYSEArca-2015–58, and should be                          46 17 CFR 200.30–3(a)(12).
                                                    governing Pillar. Accordingly, the                                                                               1 15 U.S.C. 78s(b)(1).
                                                    Commission finds good cause, pursuant                     44 15   U.S.C. 78s(b)(2).                              2 17 CFR 240.19b–4.




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                                                    65278                         Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Notices

                                                    II. Self-Regulatory Organization’s                       prevent fraudulent and manipulative                          At any time within 60 days of the
                                                    Statement of the Purpose of, and                         acts and practices, to promote just and                   filing of the proposed rule change, the
                                                    Statutory Basis for, the Proposed Rule                   equitable principles of trade, to foster                  Commission summarily may
                                                    Change                                                   cooperation and coordination with                         temporarily suspend such rule change if
                                                       In its filing with the Commission, the                persons engaged in facilitating                           it appears to the Commission that such
                                                    Exchange included statements                             transactions in securities, to remove                     action is necessary or appropriate in the
                                                    concerning the purpose of and basis for                  impediments to and perfect the                            public interest, for the protection of
                                                    the proposed rule change and discussed                   mechanisms of a free and open market                      investors, or otherwise in furtherance of
                                                    any comments it received on the                          and a national market system and, in                      the purposes of the Act. If the
                                                    proposed rule change. The text of these                  general, to protect investors and the                     Commission takes such action, the
                                                    statements may be examined at the                        public interest.                                          Commission shall institute proceedings
                                                                                                                In particular, the proposed rule                       to determine whether the proposed rule
                                                    places specified in Item IV below. The
                                                                                                             change to change the name Google to                       should be approved or disapproved.
                                                    Exchange has prepared summaries, set
                                                                                                             Alphabet to reflect the new ownership
                                                    forth in sections A, B, and C below, of                                                                            IV. Solicitation of Comments
                                                                                                             structure is consistent with the Act
                                                    the most significant aspects of such
                                                                                                             because the proposed change is merely                       Interested persons are invited to
                                                    statements.
                                                                                                             updating the current name associated                      submit written data, views, and
                                                    A. Self-Regulatory Organization’s                        with the stock symbol GOOGL. The                          arguments concerning the foregoing,
                                                    Statement of the Purpose of, and                         proposed change will allow for                            including whether the proposed rule
                                                    Statutory Basis for, the Proposed Rule                   continued benefit to investors by                         change is consistent with the Act.
                                                    Change                                                   enabling the Exchange to provide them                     Comments may be submitted by any of
                                                                                                             with additional investment alternatives.                  the following methods:
                                                    1. Purpose
                                                       The Exchange is proposing to amend                    B. Self-Regulatory Organization’s                         Electronic Comments
                                                    Interpretations and Policies .08 to MIAX                 Statement on Burden on Competition                          • Use the Commission’s Internet
                                                    Rule 404, entitled Mini Option                              The Exchange does not believe that                     comment form (http://www.sec.gov/
                                                    Contracts, to replace the name ‘‘Google                  the proposed rule change will impose                      rules/sro.shtml); or
                                                    Inc.’’ with ‘‘Alphabet Inc.’’ Google Inc.                any burden on competition that is not                       • Send an email to rule-comments@
                                                    (‘‘Google’’) recently announced plans to                 necessary or appropriate in furtherance                   sec.gov. Please include File Number SR–
                                                    reorganize and create a new public                       of the purposes of the Act. In particular,                MIAX–2015–59 on the subject line.
                                                    holding company, which will be called                    the proposed rule change to change the
                                                                                                             name Google to Alphabet to reflect the                    Paper Comments
                                                    Alphabet Inc. (‘‘Alphabet’’). As a result
                                                    of the holding company reorganization,                   new ownership structure is consistent                        • Send paper comments in triplicate
                                                    each share of Class A Common Stock                       with the Act because the proposed                         to Secretary, Securities and Exchange
                                                    (‘‘GOOGL’’), on which the Exchange has                   change is merely updating the current                     Commission, 100 F Street NE.,
                                                    the ability to list as a Mini Option, will               name associated with the stock symbol                     Washington, DC 20549–1090.
                                                    automatically convert into an equivalent                 GOOGL. The proposed change will                           All submissions should refer to File
                                                    corresponding share of Alphabet Inc.                     allow for continued benefit to investors                  Number SR–MIAX–2015–59. This file
                                                    stock. The symbol ‘‘GOOGL’’ remains                      by enabling the Exchange to provide                       number should be included on the
                                                    unchanged.                                               them with additional investment                           subject line if email is used. To help the
                                                       The Exchange is proposing to make                     alternatives.                                             Commission process and review your
                                                    this change to Interpretations and                                                                                 comments more efficiently, please use
                                                                                                             C. Self-Regulatory Organization’s
                                                    Policies .08 to enable the Exchange to                                                                             only one method. The Commission will
                                                                                                             Statement on Comments on the
                                                    list and trade Mini Options on Google,                                                                             post all comments on the Commission’s
                                                                                                             Proposed Rule Change Received From
                                                    now Alphabet, Class A shares. The                                                                                  Internet Web site (http://www.sec.gov/
                                                                                                             Members, Participants, or Others
                                                    Exchange is proposing to make this                                                                                 rules/sro.shtml). Copies of the
                                                    change because, on October 5, 2015                         Written comments were neither                           submission, all subsequent
                                                    Google reorganized and as a result                       solicited nor received.                                   amendments, all written statements
                                                    underwent a name change.                                 III. Date of Effectiveness of the                         with respect to the proposed rule
                                                       The purpose of this change is to                      Proposed Rule Change and Timing for                       change that are filed with the
                                                    ensure that Interpretations and Policies                 Commission Action                                         Commission, and all written
                                                    .08 to Exchange Rule 404 reflects the                                                                              communications relating to the
                                                    Exchange’s intention to be able to list                     Because the foregoing proposed rule                    proposed rule change between the
                                                    and trade Mini Options on only an                        change does not: (i) Significantly affect                 Commission and any person, other than
                                                    exhaustive list of underlying securities                 the protection of investors or the public                 those that may be withheld from the
                                                    outlined in Interpretations and Policies                 interest; (ii) impose any significant                     public in accordance with the
                                                    .08 to Rule 404. As a result, the                        burden on competition; and (iii) become                   provisions of 5 U.S.C. 552, will be
                                                    proposed change will help avoid                          operative for 30 days after the date of                   available for Web site viewing and
                                                    confusion.                                               the filing, or such shorter time as the                   printing in the Commission’s Public
                                                                                                             Commission may designate, it has                          Reference Room, 100 F Street NE.,
                                                    2. Statutory Basis                                       become effective pursuant to 19(b)(3)(A)
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                       Washington, DC 20549 on official
                                                       MIAX believes that its proposed rule                  of the Act 5 and Rule 19b–4(f)(6) 6                       business days between the hours of
                                                    change is consistent with section 6(b) of                thereunder.                                               10:00 a.m. and 3:00 p.m. Copies of such
                                                    the Act 3 in general, and furthers the                                                                             filing also will be available for
                                                                                                               5 15  U.S.C. 78s(b)(3)(A).
                                                    objectives of section 6(b)(5) of the Act 4                                                                         inspection and copying at the principal
                                                                                                               6 17  CFR 240.19b–4(f)(6). In addition, Rule 19b-
                                                    in particular, in that it is designed to                 4(f)(6) requires a self-regulatory organization to give
                                                                                                             the Commission written notice of its intent to file       change, or such shorter time as designated by the
                                                      3 15 U.S.C. 78f(b).                                    the proposed rule change at least five business days      Commission. The Exchange has satisfied this
                                                      4 15 U.S.C. 78f(b)(5).                                 prior to the date of filing of the proposed rule          requirement.



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                                                                                 Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Notices                                                      65279

                                                    office of the Exchange. All comments                    or pause) of a primary listing market                  option, any remaining shares will either
                                                    received will be posted without change;                 other than the Exchange (NYSE, Nasdaq,                 be posted to the BATS Book,7 executed,
                                                    the Commission does not edit personal                   NYSE MKT, or NYSE Arca) if received                    or routed to destinations on the System
                                                    identifying information from                            before the re-opening time of such                     routing table.8 Should no halt,
                                                    submissions. You should submit only                     market.                                                suspension, or pause occur on the
                                                    information that you wish to make                          The text of the proposed rule change                primary listing market, such orders
                                                    available publicly. All submissions                     is available at the Exchange’s Web site                would remain on the BATS Book,
                                                    should refer to File Number SR–MIAX–                    at www.batstrading.com, at the                         executed, or routed to destinations on
                                                    2015–59, and should be submitted on or                  principal office of the Exchange, and at               the System routing table.
                                                    before November 16, 2015.                               the Commission’s Public Reference
                                                                                                            Room.                                                  2. Statutory Basis
                                                      For the Commission, by the Division of
                                                    Trading and Markets, pursuant to delegated                                                                        The Exchange believes that its
                                                                                                            II. Self-Regulatory Organization’s
                                                    authority. 7                                                                                                   proposal is consistent with Section 6(b)
                                                                                                            Statement of the Purpose of, and
                                                    Brent J. Fields,                                                                                               of the Act 9 in general, and furthers the
                                                                                                            Statutory Basis for, the Proposed Rule
                                                    Secretary.                                              Change                                                 objectives of Section 6(b)(5) of the Act 10
                                                    [FR Doc. 2015–27072 Filed 10–23–15; 8:45 am]                                                                   in particular, in that it is designed to
                                                    BILLING CODE 8011–01–P
                                                                                                              In its filing with the Commission, the               promote just and equitable principles of
                                                                                                            Exchange included statements                           trade, to foster cooperation and
                                                                                                            concerning the purpose of and basis for                coordination with persons engaged in
                                                    SECURITIES AND EXCHANGE                                 the proposed rule change and discussed                 facilitating transactions in securities, to
                                                    COMMISSION                                              any comments it received on the                        remove impediments to and perfect the
                                                                                                            proposed rule change. The text of these                mechanism of a free and open market
                                                    [Release No. 34–76197; File No. SR–BATS–                statements may be examined at the
                                                    2015–87]                                                                                                       and a national market system and, in
                                                                                                            places specified in Item IV below. The                 general, to protect investors and the
                                                    Self-Regulatory Organizations; BATS                     Exchange has prepared summaries, set                   public interest. Certain Users whose
                                                    Exchange, Inc.; Notice of Filing and                    forth in Sections A, B, and C below, of                orders are resting on the BATS Book
                                                    Immediate Effectiveness of a Proposed                   the most significant parts of such                     may wish that their order only be routed
                                                    Rule Change To Amend Rule 11.13,                        statements.                                            to the primary market’s re-opening
                                                    Order Execution and Routing                             A. Self-Regulatory Organization’s                      process following a halt, suspension or
                                                    October 20, 2015.                                       Statement of the Purpose of, and                       pause, and not the primary market’s
                                                                                                            Statutory Basis for, the Proposed Rule                 opening or closing processes. The
                                                       Pursuant to Section 19(b)(1) of the
                                                    Securities Exchange Act of 1934 (the                    Change                                                 proposed rule change promotes just and
                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                         equitable principles of trade because it
                                                                                                            1. Purpose                                             would provide such Users with
                                                    notice is hereby given that on October
                                                    9, 2015, BATS Exchange, Inc. (the                          The Exchange proposes to amend                      additional flexibility where they wish
                                                    ‘‘Exchange’’ or ‘‘BATS’’) filed with the                Rule 11.13, Order Execution and                        that their order only be eligible to route
                                                    Securities and Exchange Commission                      Routing, to enable Users to designate                  to the primary listing market to
                                                    (‘‘Commission’’) the proposed rule                      their orders for participation in the re-              participate in the re-opening process
                                                    change as described in Items I, II, and                 opening (following a halt, suspension,                 following a halt, suspension or pause. In
                                                    III below, which Items have been                        or pause) of a primary listing market                  addition, and as discussed above, the
                                                    prepared by the Exchange. The                           other than the Exchange (NYSE, Nasdaq,                 proposed rule change is similar to the
                                                    Exchange has designated this proposal                   NYSE MKT, or NYSE Arca) if received                    Exchange’s current ROOC routing
                                                    as a ‘‘non-controversial’’ proposed rule                before the re-opening time of such                     option.
                                                    change pursuant to Section 19(b)(3)(A)                  market. The Exchange currently offers
                                                                                                            the ROOC routing option, under which                   B. Self-Regulatory Organization’s
                                                    of the Act 3 and Rule 19b–4(f)(6)                                                                              Statement on Burden on Competition
                                                    thereunder,4 which renders it effective                 Users may designate their orders for
                                                    upon filing with the Commission. The                    participation in the opening or closing                  The Exchange does not believe that
                                                    Commission is publishing this notice to                 process, in addition to the re-opening                 the proposal will impose any burden on
                                                    solicit comments on the proposed rule                   (following a halt, suspension, or pause),              competition not necessary or
                                                    change from interested persons.                         of a primary listing market other than                 appropriate in furtherance of the
                                                                                                            the Exchange, if received before the                   purposes of the Act. The Exchange
                                                    I. Self-Regulatory Organization’s                       opening/re-opening/closing time of such
                                                    Statement of the Terms of the Substance                                                                        believes that its proposal would
                                                                                                            market.6 However, some Users only                      increase competition because it offers
                                                    of the Proposed Rule Change                             wish that their orders be routed to                    Users an alternative means to route
                                                       The Exchange filed a proposal to                     participate in the primary market’s re-                orders to the primary listing market to
                                                    amend Rule 11.13, Order Execution and                   opening process, and not its opening or                participate in the re-opening following a
                                                    Routing, to enable Users 5 to designate                 closing processes. Therefore, the                      halt, suspension, or pause as if they
                                                    their orders for participation in the re-               Exchange proposes to enable Users to                   entered orders on that market directly.
                                                    opening (following a halt, suspension,                  designate their orders for participation
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            in the re-opening of a primary listing                   7 The term ‘‘BATS Book’’ is defined as ‘‘the
                                                      7 17 CFR 200.30–3(a)(12).                             market.                                                System’s electronic file of orders.’’ See Exchange
                                                      1 15 U.S.C. 78s(b)(1).
                                                                                                               The proposed optionality would                      Rule 1.5(e).
                                                      2 17 CFR 240.19b–4.
                                                                                                            operate like the current ROOC routing                    8 The term ‘‘System routing table’’ refers to the
                                                      3 15 U.S.C. 78s(b)(3)(A).                                                                                    proprietary process for determining the specific
                                                                                                            option, but for routing to the primary
                                                      4 17 CFR 240.19b–4(f)(6).                                                                                    options exchanges to which the System routes
                                                      5 The term ‘‘User’’ is defined as ‘‘any Member or
                                                                                                            listing market’s opening or closing                    orders and the order in which it routes them. See
                                                    Sponsored Participant who is authorized to obtain       process. Lastly, like the ROOC routing                 Exchange Rule 11.13(b)(3).
                                                                                                                                                                     9 15 U.S.C. 78f(b).
                                                    access to the System pursuant to Rule 11.3.’’ See
                                                    Exchange Rule 1.5(cc).                                    6 See   Exchange Rule 11.13(b)(3)(N).                  10 15 U.S.C. 78f(b)(5).




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Document Created: 2018-02-27 08:56:03
Document Modified: 2018-02-27 08:56:03
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 65277 

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