80_FR_68020 80 FR 67808 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Pilot Period of the BATS Exchange, Inc.'s Supplemental Competitive Liquidity Provider Program

80 FR 67808 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Pilot Period of the BATS Exchange, Inc.'s Supplemental Competitive Liquidity Provider Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 212 (November 3, 2015)

Page Range67808-67810
FR Document2015-27908

Federal Register, Volume 80 Issue 212 (Tuesday, November 3, 2015)
[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Notices]
[Pages 67808-67810]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27908]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76293; File No. SR-BATS-2015-96]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Extend 
the Pilot Period of the BATS Exchange, Inc.'s Supplemental Competitive 
Liquidity Provider Program

October 28, 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 27, 2015, BATS Exchange, Inc. (the ``Exchange'' or 
``BATS'') 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 extend the pilot period for the 
Exchange's Supplemental Competitive Liquidity Provider Program (the 
``Program''), which is currently set to

[[Page 67809]]

expire on October 28, 2015, for three months, to expire on January 28, 
2016.
    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
Background
    On August 30, 2011, the Exchange received approval of rules 
applicable to the qualification, listing and delisting of securities of 
issuers on the Exchange.\5\ More recently, the Exchange received 
approval to operate a pilot program that is designed to incentivize 
certain Market Makers \6\ registered with the Exchange as ETP CLPs, as 
defined in Interpretation and Policy .03 to Rule 11.8, to enhance 
liquidity on the Exchange in certain ETPs \7\ listed on the Exchange 
and thereby qualify to receive part of a daily rebate as part of the 
Program under Interpretation and Policy .03 to Rule 11.8.\8\
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    \5\ See Securities Exchange Act Release No. 65225 (August 30, 
2011), 76 FR 55148 (September 6, 2011) (SR-BATS-2011-018).
    \6\ As defined in BATS Rules, the term ``Market Maker'' means a 
Member that acts a as a market maker pursuant to Chapter XI of BATS 
Rules.
    \7\ ETP is defined in Interpretation and Policy .03(b)(4) to 
Rule 11.8.
    \8\ See Securities Exchange Act Release No. 72692 (July 28, 
2014), 79 FR 44908 (August 1, 2014) (SR-BATS-2014-022) (``CLP 
Approval Order'').
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    The Program was approved by the Commission on a pilot basis running 
one-year from the date of implementation.\9\ The Commission approved 
the Program on July 28, 2014.\10\ The Exchange implemented the Program 
on July 28, 2014 and the pilot period for the Program was originally 
scheduled to end on July 28, 2015 until it was extended to end on 
October 28, 2015.\11\
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    \9\ See id at 44909.
    \10\ Id.
    \11\ See Securities Exchange Act Release No. 75518 (July 24, 
2015), 80 FR 45566 (July 30, 2015 (SR-BATS-2015-55).
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Proposal To Extend the Operation of the Program
    The Exchange established the Program in order to enhance liquidity 
on the Exchange in certain ETPs listed on the Exchange (and thereby 
enhance the Exchange's ability to compete as a listing venue) by 
providing a mechanism by which ETP CLPs compete for part of a daily 
quoting incentive on the basis of providing the most aggressive quotes 
with the greatest amount of size. Such competition has the ability to 
reduce spreads, facilitate the price discovery process, and reduce 
costs for investors trading in such securities, thereby promoting 
capital formation and helping the Exchange to compete as a listing 
venue. The Exchange believes that extending the pilot is appropriate 
because it will allow the Exchange and the Commission additional time 
to analyze data regarding the Program that the Exchange has committed 
to provide.\12\ As such, the Exchange believes that it is appropriate 
to extend the current operation of the Program. Further information 
related to the Program including data can be found on the Exchange's 
Web site.\13\ Through this filing, the Exchange seeks to extend the 
current pilot period of the Program until January 28, 2016.
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    \12\ See CLP Approval Order, supra note 8 at 44913.
    \13\ See http://www.bats.com/us/equities/etfmarketplace/trade_on_bats/clp/reports/.
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2. Statutory Basis
    The Exchange believes that its proposal 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.\14\ In particular, 
the Exchange believes the proposed change furthers the objectives of 
Section 6(b)(5) of the Act,\15\ 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, and to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system. The Exchange believes that 
extending the pilot period for the Program is consistent with these 
principles because the Program is reasonably designed to enhance quote 
competition, improve liquidity in securities listed on the Exchange, 
support the quality of price discovery, promote market transparency, 
and increase competition for listings and trade executions, while 
reducing spreads and transaction costs in such securities. Maintaining 
and increasing liquidity in Exchange-listed securities will help raise 
investors' confidence in the fairness of the market and their 
transactions. The extension of the pilot period will allow the 
Commission and the Exchange to continue to monitor the Program for its 
potential effects on public price discovery, and on the broader market 
structure.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 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 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change 
extends an established pilot program for 3 months, thus allowing the 
Program to enhance competition in both the listings market and in 
competition for market makers. The Program will continue to promote 
competition in the listings market by providing issuers with a vehicle 
for paying the Exchange additional fees in exchange for incentivizing 
tighter spreads and deeper liquidity in listed securities and allow the 
Exchange to continue to compete with similar programs at Nasdaq Stock 
Market LLC \16\ and NYSE Arca Equities, Inc.\17\
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    \16\ See Securities Exchange Act Release No. 69195 (March 20, 
2013), 78 FR 18393 (March 26, 2013) (SR-NASDAQ-2012-137).
    \17\ See Securities Exchange Act Release No. 69335 (April 5, 
2013), 78 FR 35340 (June 12, 2013) (SR-NYSEARCA-2013-34).
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    The Exchange also believes that extending the pilot program for an 
additional 3 months will allow the Program to continue to enhance 
competition among market participants by creating incentives for market 
makers to compete to make better quality markets. By continuing to 
require that market makers both meet the quoting requirements and also 
compete for the daily financial incentives, the quality of quotes on 
the Exchange will continue to improve. This, in turn, will attract more 
liquidity to the Exchange and further improve the quality of trading in 
exchange-listed securities participating in the Program, which will 
also act to bolster the Exchange's listing business.

[[Page 67810]]

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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any written comments from Members or other interested parties.

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

    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 from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \18\ and Rule 19b-
4(f)(6) thereunder.\19\
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    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 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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    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative before 30 days from the date of the filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\20\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest.
---------------------------------------------------------------------------

    \20\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Exchange has asked the Commission to waive the 30-day operative 
delay. The Commission believes that waiving the 30-day operative delay 
is consistent with the protection of investors and the public interest. 
Waiver of the operative delay will allow the Exchange to extend the 
Program prior to its expiration on October 28, 2015, which will ensure 
that the Program continues to operate uninterrupted while the Exchange 
and the Commission continue to analyze data regarding the Program. 
Therefore, the Commission hereby waives the 30-day operative delay and 
designates the proposed rule change to be operative upon filing with 
the Commission.\21\
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    \21\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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 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-BATS-2015-96 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-BATS-2015-96. 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-BATS-2015-96 and should be 
submitted on or before November 23, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-27908 Filed 11-2-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  67808                      Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Notices

                                                  Fees Schedule, so that market                           of the Act 9 and paragraph (f) of Rule                   inspection and copying at the principal
                                                  participants may best understand how                    19b–4 10 thereunder. At any time within                  office of the Exchange. All comments
                                                  rules and fees apply. The Exchange                      60 days of the filing of the proposed rule               received will be posted without change;
                                                  believes that the proposed clarifications               change, the Commission summarily may                     the Commission does not edit personal
                                                  and removal of repetitive language in                   temporarily suspend such rule change if                  identifying information from
                                                  the Fees Schedule will make the Fees                    it appears to the Commission that such                   submissions. You should submit only
                                                  Schedule easier to read and alleviate                   action is necessary or appropriate in the                information that you wish to make
                                                  potential confusion. The alleviation of                 public interest, for the protection of                   available publicly. All submissions
                                                  potential confusion will remove                         investors, or otherwise in furtherance of                should refer to File Number SR–CBOE-
                                                  impediments to and perfect the                          the purposes of the Act. If the                          2015–096 and should be submitted on
                                                  mechanism of a free and open market                     Commission takes such action, the                        or before November 24, 2015.
                                                  and a national market system, and, in                   Commission will institute proceedings                      For the Commission, by the Division of
                                                  general, protect investors and the public               to determine whether the proposed rule                   Trading and Markets, pursuant to delegated
                                                  interest.                                               change should be approved or                             authority.11
                                                                                                          disapproved.                                             Robert W. Errett,
                                                  B. Self-Regulatory Organization’s
                                                  Statement on Burden on Competition                      IV. Solicitation of Comments                             Deputy Secretary.
                                                                                                                                                                   [FR Doc. 2015–27913 Filed 11–2–15; 8:45 am]
                                                     The Exchange does not believe that                     Interested persons are invited to
                                                                                                                                                                   BILLING CODE 8011–01–P
                                                  the proposed rule changes will impose                   submit written data, views, and
                                                  any burden on competition that are not                  arguments concerning the foregoing,
                                                  necessary or appropriate in furtherance                 including whether the proposed rule                      SECURITIES AND EXCHANGE
                                                  of the purposes of the Act. The                         change is consistent with the Act.                       COMMISSION
                                                  Exchange does not believe that the                      Comments may be submitted by any of
                                                  proposed rule change will impose any                    the following methods:                                   [Release No. 34–76293; File No. SR–BATS–
                                                                                                                                                                   2015–96]
                                                  burden on intramarket competition that                  Electronic Comments
                                                  is not necessary or appropriate in
                                                                                                            • Use the Commission’s Internet                        Self-Regulatory Organizations; BATS
                                                  furtherance of the purposes of the Act                                                                           Exchange, Inc.; Notice of Filing and
                                                                                                          comment form (http://www.sec.gov/
                                                  because, while different fees are                                                                                Immediate Effectiveness of a Proposed
                                                                                                          rules/sro.shtml); or
                                                  assessed to different market participants
                                                                                                            • Send an email to rule-comments@                      Rule Change To Extend the Pilot
                                                  in some circumstances, these different                                                                           Period of the BATS Exchange, Inc.’s
                                                                                                          sec.gov. Please include File Number SR–
                                                  market participants have different                                                                               Supplemental Competitive Liquidity
                                                                                                          CBOE–2015–096 on the subject line.
                                                  obligations and different circumstances                                                                          Provider Program
                                                  as discussed above. For example,                        Paper Comments
                                                  Market-Makers have quoting obligations                     • Send paper comments in triplicate                   October 28, 2015.
                                                  that other market participants do not                   to Secretary, Securities and Exchange                       Pursuant to Section 19(b)(1) of the
                                                  have. The Exchange does not believe                     Commission, 100 F Street NE.,                            Securities Exchange Act of 1934 (the
                                                  that the proposed rule change to waive                  Washington, DC 20549–1090.                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  all transaction fees through December                                                                            notice is hereby given that on October
                                                                                                          All submissions should refer to File
                                                  2015 will impose any burden on                                                                                   27, 2015, BATS Exchange, Inc. (the
                                                                                                          Number SR–CBOE-2015–096. This file
                                                  intramarket competition because it                                                                               ‘‘Exchange’’ or ‘‘BATS’’) filed with the
                                                                                                          number should be included on the
                                                  applies to all TPHs and encourages                                                                               Securities and Exchange Commission
                                                                                                          subject line if email is used. To help the
                                                  trading in these new products.                                                                                   (‘‘Commission’’) the proposed rule
                                                                                                          Commission process and review your
                                                     The Exchange does not believe that                                                                            change as described in Items I and II
                                                                                                          comments more efficiently, please use
                                                  the proposed rule changes will impose                                                                            below, which Items have been prepared
                                                                                                          only one method. The Commission will
                                                  any burden on intermarket competition                                                                            by the Exchange. The Exchange has
                                                                                                          post all comments on the Commission’s
                                                  that is not necessary or appropriate in                                                                          designated this proposal as a ‘‘non-
                                                                                                          Internet Web site (http://www.sec.gov/
                                                  furtherance of the purposes of the Act                                                                           controversial’’ proposed rule change
                                                                                                          rules/sro.shtml). Copies of the
                                                  because RUI, RLV and RLG will be                                                                                 pursuant to Section 19(b)(3)(A) of the
                                                                                                          submission, all subsequent
                                                  exclusively listed on CBOE. To the                                                                               Act 3 and Rule 19b–4(f)(6)(iii)
                                                                                                          amendments, all written statements
                                                  extent that the proposed changes make                                                                            thereunder,4 which renders it effective
                                                                                                          with respect to the proposed rule
                                                  CBOE a more attractive marketplace for                                                                           upon filing with the Commission. The
                                                                                                          change that are filed with the
                                                  market participants at other exchanges,                                                                          Commission is publishing this notice to
                                                                                                          Commission, and all written
                                                  such market participants are welcome to                                                                          solicit comments on the proposed rule
                                                                                                          communications relating to the
                                                  become CBOE market participants.                                                                                 change from interested persons.
                                                                                                          proposed rule change between the
                                                  C. Self-Regulatory Organization’s                       Commission and any person, other than                    I. Self-Regulatory Organization’s
                                                  Statement on Comments on the                            those that may be withheld from the                      Statement of the Terms of Substance of
                                                  Proposed Rule Change Received From                      public in accordance with the                            the Proposed Rule Change
                                                  Members, Participants, or Others                        provisions of 5 U.S.C. 552, will be                         The Exchange filed a proposal to
                                                                                                          available for Web site viewing and                       extend the pilot period for the
                                                    The Exchange neither solicited nor                    printing in the Commission’s Public
                                                  received comments on the proposed                                                                                Exchange’s Supplemental Competitive
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          Reference Room, 100 F Street NE.,                        Liquidity Provider Program (the
                                                  rule change.                                            Washington, DC 20549 on official                         ‘‘Program’’), which is currently set to
                                                  III. Date of Effectiveness of the                       business days between the hours of
                                                  Proposed Rule Change and Timing for                     10:00 a.m. and 3:00 p.m. Copies of the                     11 17 CFR 200.30–3(a)(12).
                                                  Commission Action                                       filing also will be available for                          1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                     2 17 CFR 240.19b–4.
                                                     The foregoing rule change has become                   9 15   U.S.C. 78s(b)(3)(A).                              3 15 U.S.C. 78s(b)(3)(A).
                                                  effective pursuant to Section 19(b)(3)(A)                 10 17   CFR 240.19b–4(f).                                4 17 CFR 240.19b–4(f)(6)(iii).




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                                                                             Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Notices                                                   67809

                                                  expire on October 28, 2015, for three                   scheduled to end on July 28, 2015 until               extending the pilot period for the
                                                  months, to expire on January 28, 2016.                  it was extended to end on October 28,                 Program is consistent with these
                                                     The text of the proposed rule change                 2015.11                                               principles because the Program is
                                                  is available at the Exchange’s Web site                                                                       reasonably designed to enhance quote
                                                  at www.batstrading.com, at the                          Proposal To Extend the Operation of the
                                                                                                                                                                competition, improve liquidity in
                                                  principal office of the Exchange, and at                Program
                                                                                                                                                                securities listed on the Exchange,
                                                  the Commission’s Public Reference                          The Exchange established the                       support the quality of price discovery,
                                                  Room.                                                   Program in order to enhance liquidity                 promote market transparency, and
                                                                                                          on the Exchange in certain ETPs listed                increase competition for listings and
                                                  II. Self-Regulatory Organization’s                      on the Exchange (and thereby enhance
                                                  Statement of the Purpose of, and                                                                              trade executions, while reducing
                                                                                                          the Exchange’s ability to compete as a                spreads and transaction costs in such
                                                  Statutory Basis for, the Proposed Rule                  listing venue) by providing a
                                                  Change                                                                                                        securities. Maintaining and increasing
                                                                                                          mechanism by which ETP CLPs                           liquidity in Exchange-listed securities
                                                     In its filing with the Commission, the               compete for part of a daily quoting                   will help raise investors’ confidence in
                                                  Exchange included statements                            incentive on the basis of providing the               the fairness of the market and their
                                                  concerning the purpose of and basis for                 most aggressive quotes with the greatest              transactions. The extension of the pilot
                                                  the proposed rule change and discussed                  amount of size. Such competition has                  period will allow the Commission and
                                                  any comments it received on the                         the ability to reduce spreads, facilitate             the Exchange to continue to monitor the
                                                  proposed rule change. The text of these                 the price discovery process, and reduce               Program for its potential effects on
                                                  statements may be examined at the                       costs for investors trading in such                   public price discovery, and on the
                                                  places specified in Item IV below. The                  securities, thereby promoting capital                 broader market structure.
                                                  Exchange has prepared summaries, set                    formation and helping the Exchange to
                                                  forth in Sections A, B, and C below, of                 compete as a listing venue. The                       B. Self-Regulatory Organization’s
                                                  the most significant parts of such                      Exchange believes that extending the                  Statement on Burden on Competition
                                                  statements.                                             pilot is appropriate because it will allow               The Exchange does not believe that
                                                  A. Self-Regulatory Organization’s                       the Exchange and the Commission                       the proposed rule change will impose
                                                  Statement of the Purpose of, and                        additional time to analyze data                       any burden on competition that is not
                                                  Statutory Basis for, the Proposed Rule                  regarding the Program that the Exchange               necessary or appropriate in furtherance
                                                  Change                                                  has committed to provide.12 As such,                  of the purposes of the Act. The
                                                                                                          the Exchange believes that it is                      proposed rule change extends an
                                                  1. Purpose                                              appropriate to extend the current                     established pilot program for 3 months,
                                                  Background                                              operation of the Program. Further                     thus allowing the Program to enhance
                                                                                                          information related to the Program                    competition in both the listings market
                                                     On August 30, 2011, the Exchange                     including data can be found on the
                                                  received approval of rules applicable to                                                                      and in competition for market makers.
                                                                                                          Exchange’s Web site.13 Through this                   The Program will continue to promote
                                                  the qualification, listing and delisting of             filing, the Exchange seeks to extend the
                                                  securities of issuers on the Exchange.5                                                                       competition in the listings market by
                                                                                                          current pilot period of the Program until             providing issuers with a vehicle for
                                                  More recently, the Exchange received                    January 28, 2016.
                                                  approval to operate a pilot program that                                                                      paying the Exchange additional fees in
                                                  is designed to incentivize certain Market               2. Statutory Basis                                    exchange for incentivizing tighter
                                                  Makers 6 registered with the Exchange                                                                         spreads and deeper liquidity in listed
                                                                                                             The Exchange believes that its
                                                  as ETP CLPs, as defined in                                                                                    securities and allow the Exchange to
                                                                                                          proposal is consistent with the
                                                  Interpretation and Policy .03 to Rule                                                                         continue to compete with similar
                                                                                                          requirements of the Act and the rules
                                                  11.8, to enhance liquidity on the                                                                             programs at Nasdaq Stock Market LLC 16
                                                                                                          and regulations thereunder that are
                                                  Exchange in certain ETPs 7 listed on the                                                                      and NYSE Arca Equities, Inc.17
                                                                                                          applicable to a national securities
                                                  Exchange and thereby qualify to receive                 exchange, and, in particular, with the                   The Exchange also believes that
                                                  part of a daily rebate as part of the                   requirements of Section 6(b) of the                   extending the pilot program for an
                                                  Program under Interpretation and Policy                 Act.14 In particular, the Exchange                    additional 3 months will allow the
                                                  .03 to Rule 11.8.8                                      believes the proposed change furthers                 Program to continue to enhance
                                                     The Program was approved by the                      the objectives of Section 6(b)(5) of the              competition among market participants
                                                  Commission on a pilot basis running                     Act,15 in that it is designed to prevent              by creating incentives for market makers
                                                  one-year from the date of                                                                                     to compete to make better quality
                                                                                                          fraudulent and manipulative acts and
                                                  implementation.9 The Commission                                                                               markets. By continuing to require that
                                                                                                          practices, to promote just and equitable
                                                  approved the Program on July 28,                                                                              market makers both meet the quoting
                                                                                                          principles of trade, to foster cooperation
                                                  2014.10 The Exchange implemented the                                                                          requirements and also compete for the
                                                                                                          and coordination with persons engaged
                                                  Program on July 28, 2014 and the pilot                                                                        daily financial incentives, the quality of
                                                                                                          in facilitating transactions in securities,
                                                  period for the Program was originally                                                                         quotes on the Exchange will continue to
                                                                                                          and to remove impediments to and
                                                                                                                                                                improve. This, in turn, will attract more
                                                                                                          perfect the mechanism of a free and
                                                     5 See Securities Exchange Act Release No. 65225                                                            liquidity to the Exchange and further
                                                                                                          open market and a national market
                                                  (August 30, 2011), 76 FR 55148 (September 6, 2011)                                                            improve the quality of trading in
                                                  (SR–BATS–2011–018).                                     system. The Exchange believes that
                                                     6 As defined in BATS Rules, the term ‘‘Market
                                                                                                                                                                exchange-listed securities participating
                                                                                                                                                                in the Program, which will also act to
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                                                  Maker’’ means a Member that acts a as a market             11 See Securities Exchange Act Release No. 75518

                                                  maker pursuant to Chapter XI of BATS Rules.             (July 24, 2015), 80 FR 45566 (July 30, 2015 (SR–      bolster the Exchange’s listing business.
                                                     7 ETP is defined in Interpretation and Policy        BATS–2015–55).
                                                  .03(b)(4) to Rule 11.8.                                    12 See CLP Approval Order, supra note 8 at           16 See Securities Exchange Act Release No. 69195
                                                     8 See Securities Exchange Act Release No. 72692      44913.                                                (March 20, 2013), 78 FR 18393 (March 26, 2013)
                                                  (July 28, 2014), 79 FR 44908 (August 1, 2014) (SR–         13 See http://www.bats.com/us/equities/
                                                                                                                                                                (SR–NASDAQ–2012–137).
                                                  BATS–2014–022) (‘‘CLP Approval Order’’).                etfmarketplace/trade_on_bats/clp/reports/.              17 See Securities Exchange Act Release No. 69335
                                                     9 See id at 44909.                                      14 15 U.S.C. 78f(b).
                                                                                                                                                                (April 5, 2013), 78 FR 35340 (June 12, 2013) (SR–
                                                     10 Id.                                                  15 15 U.S.C. 78f(b)(5).                            NYSEARCA–2013–34).



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                                                  67810                        Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Notices

                                                  C. Self-Regulatory Organization’s                         temporarily suspend such rule change if              should refer to File No. SR–BATS–
                                                  Statement on Comments on the                              it appears to the Commission that such               2015–96 and should be submitted on or
                                                  Proposed Rule Change Received From                        action is necessary or appropriate in the            before November 23, 2015.
                                                  Members, Participants or Others                           public interest, for the protection of                 For the Commission, by the Division of
                                                    The Exchange has not solicited, and                     investors, or otherwise in furtherance of            Trading and Markets, pursuant to delegated
                                                  does not intend to solicit, comments on                   the purposes of the Act. If the                      authority.22
                                                  this proposed rule change. The                            Commission takes such action, the                    Robert W. Errett,
                                                  Exchange has not received any written                     Commission shall institute proceedings               Deputy Secretary.
                                                  comments from Members or other                            to determine whether the proposed rule
                                                                                                                                                                 [FR Doc. 2015–27908 Filed 11–2–15; 8:45 am]
                                                  interested parties.                                       should be approved or disapproved.
                                                                                                                                                                 BILLING CODE 8011–01–P

                                                  III. Date of Effectiveness of the                         IV. Solicitation of Comments
                                                  Proposed Rule Change and Timing for                         Interested persons are invited to
                                                  Commission Action                                         submit written data, views and                       SECURITIES AND EXCHANGE
                                                                                                            arguments concerning the foregoing,                  COMMISSION
                                                     Because the foregoing proposed rule
                                                  change does not: (i) Significantly affect                 including whether the proposal is
                                                                                                                                                                 [Investment Company Act Release No.
                                                  the protection of investors or the public                 consistent with the Act. Comments may                31884; File No. 812–14512]
                                                  interest; (ii) impose any significant                     be submitted by any of the following
                                                  burden on competition; and (iii) become                   methods:                                             SPDR® Series Trust, et al.; Notice of
                                                  operative for 30 days from the date on                    Electronic Comments                                  Application
                                                  which it was filed, or such shorter time
                                                                                                              • Use the Commission’s Internet                    October 28, 2015.
                                                  as the Commission may designate, it has                   comment form (http://www.sec.gov/
                                                  become effective pursuant to Section                                                                           AGENCY:    Securities and Exchange
                                                                                                            rules/sro.shtml); or                                 Commission (‘‘Commission’’).
                                                  19(b)(3)(A) of the Act 18 and Rule 19b–                     • Send an email to rule-comments@
                                                  4(f)(6) thereunder.19                                                                                          ACTION: Notice of an application for an
                                                                                                            sec.gov. Please include File No. SR–                 order under section 6(c) of the
                                                     A proposed rule change filed under                     BATS–2015–96 on the subject line.
                                                  Rule 19b–4(f)(6) normally does not                                                                             Investment Company Act of 1940 (the
                                                  become operative before 30 days from                      Paper Comments                                       ‘‘Act’’) for an exemption from sections
                                                  the date of the filing. However, pursuant                    • Send paper comments in triplicate               2(a)(32), 5(a)(1), 22(d), and 22(e) of the
                                                  to Rule 19b–4(f)(6)(iii),20 the                           to Secretary, Securities and Exchange                Act and rule 22c–1 under the Act, under
                                                  Commission may designate a shorter                        Commission, 100 F Street NE.,                        sections 6(c) and 17(b) of the Act for an
                                                  time if such action is consistent with the                Washington, DC 20549–1090.                           exemption from sections 17(a)(1) and
                                                  protection of investors and the public                    All submissions should refer to File No.             17(a)(2) of the Act, and under section
                                                  interest.                                                 SR–BATS–2015–96. This file number                    12(d)(1)(J) of the Act for an exemption
                                                     The Exchange has asked the                             should be included on the subject line               from sections 12(d)(1)(A) and
                                                  Commission to waive the 30-day                            if email is used. To help the                        12(d)(1)(B) of the Act.
                                                  operative delay. The Commission                           Commission process and review your
                                                  believes that waiving the 30-day                                                                               SUMMARY OF APPLICATION:      Applicants
                                                                                                            comments more efficiently, please use
                                                  operative delay is consistent with the                                                                         request an order that would permit (a)
                                                                                                            only one method. The Commission will
                                                  protection of investors and the public                                                                         series of certain open-end management
                                                                                                            post all comments on the Commission’s
                                                  interest. Waiver of the operative delay                                                                        investment companies to issue shares
                                                                                                            Internet Web site (http://www.sec.gov/
                                                  will allow the Exchange to extend the                                                                          (‘‘Shares’’) redeemable in large
                                                                                                            rules/sro.shtml). Copies of the
                                                  Program prior to its expiration on                                                                             aggregations only (‘‘Creation Units’’); (b)
                                                                                                            submission, all subsequent
                                                  October 28, 2015, which will ensure                                                                            secondary market transactions in Shares
                                                                                                            amendments, all written statements
                                                  that the Program continues to operate                                                                          to occur at negotiated market prices
                                                                                                            with respect to the proposed rule
                                                  uninterrupted while the Exchange and                                                                           rather than at net asset value (‘‘NAV’’);
                                                                                                            change that are filed with the
                                                  the Commission continue to analyze                                                                             (c) certain series to pay redemption
                                                                                                            Commission, and all written
                                                  data regarding the Program. Therefore,                                                                         proceeds, under certain circumstances,
                                                                                                            communications relating to the
                                                  the Commission hereby waives the 30-                                                                           more than seven days after the tender of
                                                                                                            proposed rule change between the
                                                  day operative delay and designates the                                                                         Creation Units for redemption; (d)
                                                                                                            Commission and any person, other than
                                                  proposed rule change to be operative                                                                           certain affiliated persons of the series to
                                                                                                            those that may be withheld from the
                                                  upon filing with the Commission.21                                                                             deposit securities into, and receive
                                                                                                            public in accordance with the
                                                     At any time within 60 days of the                                                                           securities from, the series in connection
                                                                                                            provisions of 5 U.S.C. 552, will be
                                                  filing of the proposed rule change, the                                                                        with the purchase and redemption of
                                                                                                            available for Web site viewing and
                                                  Commission summarily may                                                                                       Creation Units; and (e) certain registered
                                                                                                            printing in the Commission’s Public
                                                                                                                                                                 management investment companies and
                                                                                                            Reference Room, 100 F Street NE.,
                                                    18 15  U.S.C. 78s(b)(3)(A).                                                                                  unit investment trusts outside of the
                                                                                                            Washington, DC 20549, on official
                                                    19 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–                                                           same group of investment companies as
                                                  4(f)(6) requires a self-regulatory organization to give   business days between the hours of
                                                                                                                                                                 the series to acquire Shares.
                                                  the Commission written notice of its intent to file       10:00 a.m. and 3:00 p.m. Copies of such
                                                  the proposed rule change at least five business days      filing will also be available for                    APPLICANTS: SPDR® Series Trust, SPDR®
                                                  prior to the date of filing of the proposed rule                                                               Index Shares Funds (together, the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  change, or such shorter time as designated by the
                                                                                                            inspection and copying at the principal
                                                                                                            office of the Exchange. All comments                 ‘‘Trusts’’), SSGA Funds Management,
                                                  Commission. The Exchange has satisfied this
                                                  requirement.                                              received will be posted without change;              Inc. (‘‘Initial Adviser’’) and State Street
                                                     20 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                            the Commission does not edit personal                Global Markets, LLC (‘‘Distributor’’).
                                                     21 For purposes only of waiving the operative
                                                                                                            identifying information from                         FILING DATES: The application was filed
                                                  delay for this proposal, the Commission has                                                                    on July 13, 2015, and amended on
                                                  considered the proposed rule’s impact on
                                                                                                            submissions. You should submit only
                                                  efficiency, competition, and capital formation. See       information that you wish to make
                                                  15 U.S.C. 78c(f).                                         available publicly. All submissions                    22 17   CFR 200.30–3(a)(12).



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Document Created: 2018-03-01 11:33:26
Document Modified: 2018-03-01 11:33:26
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 67808 

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