80_FR_68795 80 FR 68581 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rules 21.2, 21.6, and 21.7, as They Relate to Order Acceptance Time

80 FR 68581 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rules 21.2, 21.6, and 21.7, as They Relate to Order Acceptance Time

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 214 (November 5, 2015)

Page Range68581-68583
FR Document2015-28145

Federal Register, Volume 80 Issue 214 (Thursday, November 5, 2015)
[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68581-68583]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28145]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76320; File No. SR-BATS-2015-92]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to Rules 
21.2, 21.6, and 21.7, as They Relate to Order Acceptance Time

October 30, 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 28, 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 the 
Substance of the Proposed Rule Change

    The Exchange filed a proposal to amend Rules 21.2, 21.6, and 21.7 
to change the time orders will be accepted on the Exchange's options 
platform (``BATS Options'') from 8:00 a.m. to 7:30 a.m.
    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
    The Exchange is proposing to amend Rules 21.2, 21.6, and 21.7 to 
change the time orders will be accepted on BATS Options from 8:00 a.m. 
to 7:30 a.m. Currently, the Exchange begins accepting orders at 8:00 
a.m. Eastern Time. Orders would then be available for execution as of 
9:30 a.m. until 4:00 p.m. Eastern Time.\5\ The Exchange does not 
propose to amend how it handles orders accepted prior to the market 
open other than to begin accepting orders at 7:30 a.m. Eastern Time 
rather than 8:00 a.m. Eastern Time.
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    \5\ Option contracts on Fund Shares, as defined in Rule 19.3(i), 
option contracts on exchange-traded notes including Index-Linked 
Securities, as defined in Rule 19.3(l), and option contracts on 
broad-based indexes, as defined in Rule 29.1(j), close as of 4:15 
p.m. Eastern Time. See Exchange Rule 21.2(a).
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    First, the Exchange proposes to amend Rule 21.2(a) to expressly 
state that the Exchange will begin accepting orders at 7:30 a.m. 
Eastern Time, as described in Rule 21.7 and discussed below. The 
addition of this sentence to Rule 21.2(a) would align the text of the 
rule with EDGX Exchange, Inc. (``EDGX'') Rule 21.2(a).\6\
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    \6\ The Exchange understands that EDGX is to also file a 
proposed rule change with the Commission to amend its Rules 21.2, 
21.6, and 21.7 to change the time orders will be accepted from 8:00 
a.m. to 7:30 a.m.
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    Second, the Exchange proposes to amend Rule 21.6(c) to state that 
orders can be entered into the System starting at 7:30 a.m. Eastern 
Time. Currently, the Rule 21.6(c) states that orders can be entered 
into the System from 9:30 a.m. Eastern Time until the market close. 
While orders will be accepted by the System starting at 7:30 a.m. 
Eastern Time, they will not be eligible for execution until 9:30 a.m. 
Eastern Time. The Exchange also proposes to amend Rule 21.6(c) to state 
that orders received prior to completion of the Exchange's Opening 
Process will be handled in accordance with Rule 21.7 discussed below. 
As with the proposed change to Rule 21.2(a) discussed above, the 
addition of this sentence to Rule 21.6(c) would align the text of the 
rule with EDGX Rule 21.6(c).\7\
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    \7\ Id.
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    Lastly, as amended, Rule 21.7 would state that the Exchange will 
accept market and limit orders and quotes for inclusion in the opening 
process beginning at 7:30 a.m. Eastern Time, rather than 8:00 a.m. as 
is currently the case and will continue to accept market and limit 
orders and quotes until such time as the Opening Process is initiated 
in that option series (the ``Order Entry Period''), other than index 
options.\8\ The Exchange will continue to not accept IOC,\9\ FOK \10\ 
or WAIT \11\ orders for queuing prior to the completion of the Opening 
Process. The Exchange will also continue to convert all Intermarket

[[Page 68582]]

Sweep Orders (``ISOs'') \12\ entered for queuing prior to the 
completion of the Opening Process into non-ISOs.
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    \8\ Rule 21.7 also discusses order acceptance when the primary 
listing market for the applicable underlying security declares a 
regulatory trading halt, suspension, or pause with respect to such 
security (``Regulatory Halt''). The Exchange does not propose to 
amend the treatment of orders during a Regulatory Halt under Rule 
21.7.
    \9\ See Exchange Rule 21.1(f)(2).
    \10\ See Exchange Rule 21.1(f)(5).
    \11\ See Exchange Rule 21.1(f)(4).
    \12\ See Exchange Rule 21.1(d)(11).
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2. Statutory Basis
    The Exchange believes that its proposal to begin accepting orders 
at 7:30 a.m. 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.\13\ In particular, the proposal is consistent 
with Section 6(b)(5) of the Act \14\ because it is designed to promote 
just and equitable principles of trade and to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system. The Exchange believes that accepting orders at 7:30 a.m. will 
benefit investors, the national market system, Members, and the 
Exchange market by increasing competition for order flow and 
executions, and thereby spurring product enhancements and lowering 
prices. The Exchange also notes that other options exchanges currently 
accept orders prior to 8:00 a.m. Eastern Time \15\ and the proposal 
would enable the Exchange to directly compete with these exchanges for 
order flow.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ See Nasdaq OMX Systems Hours of Operation, available at 
http://nasdaqtrader.com/content/TechnicalSupport/nasdaq_sys_hours.pdf (stating that system hours begin at 7:00 a.m. 
for Nasdaq OMX BX (``BX'') and 7:30 a.m. for Nasdaq OMX PHLX 
(``PHLX''), and BX Chapter VI, Section 2(a) (stating the System 
operates and shall be available to accept bids and offers and orders 
from the time prior to market open specified by the Exchange on its 
Web site to market close on each business day). See also Hours of 
Operation of the MIAX Options Exchange (``MIAX'') available at 
http://www.miaxoptions.com/hours-operation-miax-options-exchange 
(stating that firms can connect and conduct pre-market activity 
starting at 7:30 a.m.).
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    Lastly, the Exchange believes the proposed additions to Rules 
21.2(a) and 21.6(c) are consistent with Section 6(b)(5) of the Act \16\ 
because it is designed to provide consistent rules across the Exchange 
and EDGX, thereby removing impediments to and perfecting the mechanism 
of a free and open market and a national market system. The proposed 
rule changes would provide greater harmonization between rules of 
similar purpose on the Exchange and EDGX, resulting in greater 
uniformity and less burdensome and more efficient regulatory compliance 
and understanding of Exchange Rules. As such, the proposed rule change 
would foster cooperation and coordination with persons engaged in 
facilitating transactions in securities and would remove impediments to 
and perfect the mechanism of a free and open market and a national 
market system.
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    \16\ 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. To the contrary, the 
proposed rule change is a competitive change that is designed to 
attract additional order flow to the Exchange.\17\ The proposed rule 
change would, therefore, increase competition by enabling the Exchange 
to accept orders starting at 7:30 a.m. Eastern Time like its 
competitors. For all the reasons stated above, the Exchange does not 
believe that the proposed rule changes will impose any burden on 
competition not necessary or appropriate in furtherance of the purposes 
of the Act, and believes the proposed change will enhance competition. 
Lastly, the proposed changes to Rules 21.2(a) and 21.6(c) are not 
designed to address any competitive issues but rather to provide 
greater harmonization among Exchange and EDGX rules of similar purpose.
---------------------------------------------------------------------------

    \17\ See supra note 15.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received written comments on 
the proposed rule change. 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: (A) 
Significantly affect the protection of investors or the public 
interest; (B) impose any significant burden on competition; and (C) by 
its terms, 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 
paragraph (f)(6) of Rule 19b-4 thereunder,\19\ the Exchange has 
designated this rule filing as non-controversial. The Exchange has 
given the Commission written notice of its intent to file the proposed 
rule change, along with a brief description and text of the proposed 
rule change at least five business days prior to the date of filing of 
the proposed rule change, or such shorter time as designated by the 
Commission.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (1) 
Necessary or appropriate in the public interest; (2) for the protection 
of investors; or (3) otherwise in furtherance of the purposes of the 
Act. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File No. SR-BATS-2015-92 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-2015-92. 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

[[Page 68583]]

filing also will be available for inspection and copying at the 
principal office of the Exchange. All comments received will be posted 
without change; the Commission does not edit personal identifying 
information from submissions. You should submit only information that 
you wish to make available publicly. All submissions should refer to 
File No. SR-BATS-2015-92, and should be submitted on or before November 
27, 2015.
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    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-28145 Filed 11-4-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices                                                    68581

                                                  technology and science and to identify                     28, 2015, BATS Exchange, Inc. (the                    not propose to amend how it handles
                                                  the tools, techniques, and training                        ‘‘Exchange’’ or ‘‘BATS’’) filed with the              orders accepted prior to the market open
                                                  needed to advance agricultural research                    Securities and Exchange Commission                    other than to begin accepting orders at
                                                  beyond current roadblocks to                               (‘‘Commission’’) the proposed rule                    7:30 a.m. Eastern Time rather than 8:00
                                                  innovation.                                                change as described in Items I and II                 a.m. Eastern Time.
                                                                                                             below, which Items have been prepared                    First, the Exchange proposes to
                                                  Questions                                                  by the Exchange. The Exchange has                     amend Rule 21.2(a) to expressly state
                                                    Respondents may wish to address the                      designated this proposal as a ‘‘non-                  that the Exchange will begin accepting
                                                  following questions with regard to the                     controversial’’ proposed rule change                  orders at 7:30 a.m. Eastern Time, as
                                                  future of agriculture and food systems:                    pursuant to Section 19(b)(3)(A) of the                described in Rule 21.7 and discussed
                                                    1. Over the next ten years, what are                     Act 3 and Rule 19b–4(f)(6)(iii)                       below. The addition of this sentence to
                                                  the most important research gaps that                      thereunder,4 which renders it effective               Rule 21.2(a) would align the text of the
                                                  must be addressed to advance                               upon filing with the Commission. The                  rule with EDGX Exchange, Inc.
                                                  agricultural innovation?                                   Commission is publishing this notice to               (‘‘EDGX’’) Rule 21.2(a).6
                                                    2. What interdisciplinary agriculture                    solicit comments on the proposed rule                    Second, the Exchange proposes to
                                                  and food programs successfully impact                      change from interested persons.                       amend Rule 21.6(c) to state that orders
                                                  agricultural innovation?                                                                                         can be entered into the System starting
                                                    3. What elementary, middle, and high                     I. Self-Regulatory Organization’s                     at 7:30 a.m. Eastern Time. Currently, the
                                                  school outreach programs are successful                    Statement of the Terms of the Substance               Rule 21.6(c) states that orders can be
                                                  examples of introducing students to                        of the Proposed Rule Change                           entered into the System from 9:30 a.m.
                                                  agricultural careers, and what are                            The Exchange filed a proposal to                   Eastern Time until the market close.
                                                  examples of effective ways to introduce                    amend Rules 21.2, 21.6, and 21.7 to                   While orders will be accepted by the
                                                  agriculture to suburban and urban                          change the time orders will be accepted               System starting at 7:30 a.m. Eastern
                                                  students interested in careers in science,                 on the Exchange’s options platform                    Time, they will not be eligible for
                                                  technology, engineering, and math                          (‘‘BATS Options’’) from 8:00 a.m. to                  execution until 9:30 a.m. Eastern Time.
                                                  (STEM)?                                                    7:30 a.m.                                             The Exchange also proposes to amend
                                                    4. How can colleges and universities                        The text of the proposed rule change               Rule 21.6(c) to state that orders received
                                                  recruit STEM undergraduates into                           is available at the Exchange’s Web site               prior to completion of the Exchange’s
                                                  agricultural disciplines? What effect, if                  at www.batstrading.com, at the                        Opening Process will be handled in
                                                  any, do introductory courses that engage                   principal office of the Exchange, and at              accordance with Rule 21.7 discussed
                                                  students in discovery-based research                       the Commission’s Public Reference                     below. As with the proposed change to
                                                  have for this purpose?                                     Room.                                                 Rule 21.2(a) discussed above, the
                                                    5. What resources are fundamental to                                                                           addition of this sentence to Rule 21.6(c)
                                                                                                             II. Self-Regulatory Organization’s                    would align the text of the rule with
                                                  addressing agricultural research needs?                    Statement of the Purpose of, and
                                                    6. What further training is needed                                                                             EDGX Rule 21.6(c).7
                                                                                                             Statutory Basis for, the Proposed Rule                   Lastly, as amended, Rule 21.7 would
                                                  among agricultural professionals to take                   Change
                                                  advantage of advances in agriculture                                                                             state that the Exchange will accept
                                                  research?                                                     In its filing with the Commission, the             market and limit orders and quotes for
                                                    7. Is there any additional information,                  Exchange included statements                          inclusion in the opening process
                                                  not requested above, that you believe                      concerning the purpose of and basis for               beginning at 7:30 a.m. Eastern Time,
                                                  OSTP should consider in identifying                        the proposed rule change and discussed                rather than 8:00 a.m. as is currently the
                                                  crucial areas of agricultural research?                    any comments it received on the                       case and will continue to accept market
                                                                                                             proposed rule change. The text of these               and limit orders and quotes until such
                                                  Ted Wackler,                                               statements may be examined at the                     time as the Opening Process is initiated
                                                  Deputy Chief of Staff and Assistant Director.              places specified in Item IV below. The                in that option series (the ‘‘Order Entry
                                                  [FR Doc. 2015–28289 Filed 11–4–15; 8:45 am]                Exchange has prepared summaries, set                  Period’’), other than index options.8 The
                                                  BILLING CODE 3270–F6–P                                     forth in Sections A, B, and C below, of               Exchange will continue to not accept
                                                                                                             the most significant parts of such                    IOC,9 FOK 10 or WAIT 11 orders for
                                                                                                             statements.                                           queuing prior to the completion of the
                                                  SECURITIES AND EXCHANGE                                    A. Self-Regulatory Organization’s                     Opening Process. The Exchange will
                                                  COMMISSION                                                 Statement of the Purpose of, and                      also continue to convert all Intermarket
                                                  [Release No. 34–76320; File No. SR–BATS–                   Statutory Basis for, the Proposed Rule
                                                                                                                                                                   notes including Index-Linked Securities, as defined
                                                  2015–92]                                                   Change                                                in Rule 19.3(l), and option contracts on broad-based
                                                                                                                                                                   indexes, as defined in Rule 29.1(j), close as of 4:15
                                                  Self-Regulatory Organizations; BATS                        1. Purpose                                            p.m. Eastern Time. See Exchange Rule 21.2(a).
                                                  Exchange, Inc.; Notice of Filing and                          The Exchange is proposing to amend                    6 The Exchange understands that EDGX is to also

                                                  Immediate Effectiveness of a Proposed                      Rules 21.2, 21.6, and 21.7 to change the              file a proposed rule change with the Commission
                                                                                                                                                                   to amend its Rules 21.2, 21.6, and 21.7 to change
                                                  Rule Change to Rules 21.2, 21.6, and                       time orders will be accepted on BATS                  the time orders will be accepted from 8:00 a.m. to
                                                  21.7, as They Relate to Order                              Options from 8:00 a.m. to 7:30 a.m.                   7:30 a.m.
                                                  Acceptance Time                                            Currently, the Exchange begins                           7 Id.

                                                                                                             accepting orders at 8:00 a.m. Eastern                    8 Rule 21.7 also discusses order acceptance when
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  October 30, 2015.                                                                                                the primary listing market for the applicable
                                                                                                             Time. Orders would then be available
                                                     Pursuant to Section 19(b)(1) of the                     for execution as of 9:30 a.m. until 4:00              underlying security declares a regulatory trading
                                                  Securities Exchange Act of 1934 (the                                                                             halt, suspension, or pause with respect to such
                                                                                                             p.m. Eastern Time.5 The Exchange does                 security (‘‘Regulatory Halt’’). The Exchange does
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                           not propose to amend the treatment of orders
                                                  notice is hereby given that on October                       3 15U.S.C. 78s(b)(3)(A).                            during a Regulatory Halt under Rule 21.7.
                                                                                                               4 17                                                   9 See Exchange Rule 21.1(f)(2).
                                                                                                                   CFR 240.19b–4(f)(6)(iii).
                                                    1 15   U.S.C. 78s(b)(1).                                   5 Option contracts on Fund Shares, as defined in       10 See Exchange Rule 21.1(f)(5).
                                                    2 17   CFR 240.19b–4.                                    Rule 19.3(i), option contracts on exchange-traded        11 See Exchange Rule 21.1(f)(4).




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                                                  68582                      Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices

                                                  Sweep Orders (‘‘ISOs’’) 12 entered for                  coordination with persons engaged in                    along with a brief description and text
                                                  queuing prior to the completion of the                  facilitating transactions in securities and             of the proposed rule change at least five
                                                  Opening Process into non-ISOs.                          would remove impediments to and                         business days prior to the date of filing
                                                                                                          perfect the mechanism of a free and                     of the proposed rule change, or such
                                                  2. Statutory Basis
                                                                                                          open market and a national market                       shorter time as designated by the
                                                     The Exchange believes that its                       system.                                                 Commission.
                                                  proposal to begin accepting orders at                                                                              At any time within 60 days of the
                                                  7:30 a.m. is consistent with the                        B. Self-Regulatory Organization’s                       filing of the proposed rule change, the
                                                  requirements of the Act and the rules                   Statement on Burden on Competition                      Commission summarily may
                                                  and regulations thereunder that are                        The Exchange does not believe that                   temporarily suspend such rule change if
                                                  applicable to a national securities                     the proposed rule change will impose                    it appears to the Commission that such
                                                  exchange, and, in particular, with the                  any burden on competition that is not                   action is: (1) Necessary or appropriate in
                                                  requirements of Section 6(b) of the                     necessary or appropriate in furtherance                 the public interest; (2) for the protection
                                                  Act.13 In particular, the proposal is                   of the purposes of the Act. To the                      of investors; or (3) otherwise in
                                                  consistent with Section 6(b)(5) of the                  contrary, the proposed rule change is a                 furtherance of the purposes of the Act.
                                                  Act 14 because it is designed to promote                competitive change that is designed to                  If the Commission takes such action, the
                                                  just and equitable principles of trade                  attract additional order flow to the                    Commission shall institute proceedings
                                                  and to remove impediments to and                        Exchange.17 The proposed rule change                    to determine whether the proposed rule
                                                  perfect the mechanism of a free and                     would, therefore, increase competition                  should be approved or disapproved.
                                                  open market and a national market                       by enabling the Exchange to accept                      IV. Solicitation of Comments
                                                  system. The Exchange believes that                      orders starting at 7:30 a.m. Eastern Time
                                                  accepting orders at 7:30 a.m. will benefit              like its competitors. For all the reasons                 Interested persons are invited to
                                                  investors, the national market system,                  stated above, the Exchange does not                     submit written data, views, and
                                                  Members, and the Exchange market by                     believe that the proposed rule changes                  arguments concerning the foregoing,
                                                  increasing competition for order flow                   will impose any burden on competition                   including whether the proposed rule
                                                  and executions, and thereby spurring                    not necessary or appropriate in                         change is consistent with the Act.
                                                  product enhancements and lowering                       furtherance of the purposes of the Act,                 Comments may be submitted by any of
                                                  prices. The Exchange also notes that                    and believes the proposed change will                   the following methods:
                                                  other options exchanges currently                       enhance competition. Lastly, the                        Electronic Comments
                                                  accept orders prior to 8:00 a.m. Eastern                proposed changes to Rules 21.2(a) and
                                                  Time 15 and the proposal would enable                                                                             • Use the Commission’s Internet
                                                                                                          21.6(c) are not designed to address any
                                                  the Exchange to directly compete with                                                                           comment form (http://www.sec.gov/
                                                                                                          competitive issues but rather to provide
                                                  these exchanges for order flow.                                                                                 rules/sro.shtml); or
                                                                                                          greater harmonization among Exchange
                                                     Lastly, the Exchange believes the                                                                              • Send an email to rule-comments@
                                                                                                          and EDGX rules of similar purpose.
                                                  proposed additions to Rules 21.2(a) and                                                                         sec.gov. Please include File No. SR–
                                                  21.6(c) are consistent with Section                     C. Self-Regulatory Organization’s                       BATS–2015–92 on the subject line.
                                                  6(b)(5) of the Act 16 because it is                     Statement on Comments on the                            Paper Comments
                                                  designed to provide consistent rules                    Proposed Rule Change Received From
                                                                                                          Members, Participants, or Others                           • Send paper comments in triplicate
                                                  across the Exchange and EDGX, thereby                                                                           to Secretary, Securities and Exchange
                                                  removing impediments to and                               The Exchange has neither solicited                    Commission, 100 F Street NE.,
                                                  perfecting the mechanism of a free and                  nor received written comments on the                    Washington, DC 20549–1090.
                                                  open market and a national market                       proposed rule change. The Exchange
                                                                                                          has not received any written comments                   All submissions should refer to File No.
                                                  system. The proposed rule changes
                                                                                                          from members or other interested                        SR–BATS–2015–92. This file number
                                                  would provide greater harmonization
                                                                                                          parties.                                                should be included on the subject line
                                                  between rules of similar purpose on the
                                                                                                                                                                  if email is used. To help the
                                                  Exchange and EDGX, resulting in greater
                                                                                                          III. Date of Effectiveness of the                       Commission process and review your
                                                  uniformity and less burdensome and
                                                                                                          Proposed Rule Change and Timing for                     comments more efficiently, please use
                                                  more efficient regulatory compliance
                                                                                                          Commission Action                                       only one method. The Commission will
                                                  and understanding of Exchange Rules.
                                                                                                             Because the foregoing proposed rule                  post all comments on the Commission’s
                                                  As such, the proposed rule change
                                                                                                          change does not: (A) Significantly affect               Internet Web site (http://www.sec.gov/
                                                  would foster cooperation and
                                                                                                          the protection of investors or the public               rules/sro.shtml). Copies of the
                                                    12 See  Exchange Rule 21.1(d)(11).                    interest; (B) impose any significant                    submission, all subsequent
                                                    13 15  U.S.C. 78f(b).                                 burden on competition; and (C) by its                   amendments, all written statements
                                                     14 15 U.S.C. 78f(b)(5).
                                                                                                          terms, become operative for 30 days                     with respect to the proposed rule
                                                     15 See Nasdaq OMX Systems Hours of Operation,
                                                                                                          from the date on which it was filed or                  change that are filed with the
                                                  available at http://nasdaqtrader.com/content/
                                                                                                          such shorter time as the Commission                     Commission, and all written
                                                  TechnicalSupport/nasdaq_sys_hours.pdf (stating                                                                  communications relating to the
                                                  that system hours begin at 7:00 a.m. for Nasdaq         may designate it has become effective
                                                  OMX BX (‘‘BX’’) and 7:30 a.m. for Nasdaq OMX            pursuant to Section 19(b)(3)(A) of the                  proposed rule change between the
                                                  PHLX (‘‘PHLX’’), and BX Chapter VI, Section 2(a)        Act 18 and paragraph (f)(6) of Rule 19b-                Commission and any person, other than
                                                  (stating the System operates and shall be available
                                                                                                          4 thereunder,19 the Exchange has                        those that may be withheld from the
                                                  to accept bids and offers and orders from the time                                                              public in accordance with the
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  prior to market open specified by the Exchange on       designated this rule filing as non-
                                                  its Web site to market close on each business day).     controversial. The Exchange has given                   provisions of 5 U.S.C. 552, will be
                                                  See also Hours of Operation of the MIAX Options         the Commission written notice of its                    available for Web site viewing and
                                                  Exchange (‘‘MIAX’’) available at http://
                                                                                                          intent to file the proposed rule change,                printing in the Commission’s Public
                                                  www.miaxoptions.com/hours-operation-miax-                                                                       Reference Room, 100 F Street NE.,
                                                  options-exchange (stating that firms can connect
                                                  and conduct pre-market activity starting at 7:30          17 See supra note 15.                                 Washington, DC 20549 on official
                                                  a.m.).                                                    18 15 U.S.C. 78s(b)(3)(A).                            business days between the hours of
                                                     16 15 U.S.C. 78f(b)(5).                                19 17 CFR 240.19b–4.                                  10:00 a.m. and 3:00 p.m. Copies of such


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                                                                              Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices                                                    68583

                                                  filing also will be available for                       (‘‘EDGX Options’’) from 8:00 a.m. to                      Lastly, as amended, Rule 21.7 would
                                                  inspection and copying at the principal                 7:30 a.m.                                               state that the Exchange will accept
                                                  office of the Exchange. All comments                       The text of the proposed rule change                 market and limit orders and quotes for
                                                  received will be posted without change;                 is available at the Exchange’s Web site                 inclusion in the opening process
                                                  the Commission does not edit personal                   at www.batstrading.com, at the                          beginning at 7:30 a.m. Eastern Time,
                                                  identifying information from                            principal office of the Exchange, and at                rather than 8:00 a.m. as is currently the
                                                  submissions. You should submit only                     the Commission’s Public Reference                       case and will continue to accept market
                                                  information that you wish to make                       Room.                                                   and limit orders and quotes until such
                                                  available publicly. All submissions                                                                             time as the Opening Process is initiated
                                                                                                          II. Self-Regulatory Organization’s                      in that option series (the ‘‘Order Entry
                                                  should refer to File No. SR–BATS–
                                                                                                          Statement of the Purpose of, and                        Period’’), other than index options.6 The
                                                  2015–92, and should be submitted on or
                                                                                                          Statutory Basis for, the Proposed Rule                  Exchange will continue to not accept
                                                  before November 27, 2015.
                                                                                                          Change                                                  IOC 7 or FOK 8 orders for queuing prior
                                                     For the Commission, by the Division of
                                                  Trading and Markets, pursuant to delegated                In its filing with the Commission, the                to the completion of the Opening
                                                  authority.20                                            Exchange included statements                            Process. The Exchange will also
                                                  Jill M. Peterson,                                       concerning the purpose of and basis for                 continue to convert all Intermarket
                                                                                                          the proposed rule change and discussed                  Sweep Orders (‘‘ISOs’’) 9 entered for
                                                  Assistant Secretary.
                                                                                                          any comments it received on the                         queuing prior to the completion of the
                                                  [FR Doc. 2015–28145 Filed 11–4–15; 8:45 am]
                                                                                                          proposed rule change. The text of these                 Opening Process into non-ISOs.
                                                  BILLING CODE 8011–01–P
                                                                                                          statements may be examined at the                       2. Statutory Basis
                                                                                                          places specified in Item IV below. The
                                                                                                          Exchange has prepared summaries, set                       The Exchange believes that its
                                                  SECURITIES AND EXCHANGE                                                                                         proposal to begin accepting orders at
                                                  COMMISSION                                              forth in Sections A, B, and C below, of
                                                                                                          the most significant parts of such                      7:30 a.m. is consistent with the
                                                                                                          statements.                                             requirements of the Act and the rules
                                                  [Release No. 34–76321; File No. SR–EDGX–                                                                        and regulations thereunder that are
                                                  2015–50]                                                A. Self-Regulatory Organization’s                       applicable to a national securities
                                                                                                          Statement of the Purpose of, and                        exchange, and, in particular, with the
                                                  Self-Regulatory Organizations; EDGX
                                                                                                          Statutory Basis for, the Proposed Rule                  requirements of Section 6(b) of the
                                                  Exchange, Inc.; Notice of Filing and
                                                                                                          Change                                                  Act.10 In particular, the proposal is
                                                  Immediate Effectiveness of a Proposed
                                                  Rule Change To Amend Rules 21.2,                        1. Purpose                                              consistent with Section 6(b)(5) of the
                                                  21.6, and 21.7, as They Relate To Order                                                                         Act 11 because it is designed to promote
                                                                                                            The Exchange is proposing to amend                    just and equitable principles of trade
                                                  Acceptance Time                                         Rules 21.2, 21.6, and 21.7 to change the                and to remove impediments to and
                                                  October 30, 2015.                                       time orders will be accepted on EDGX                    perfect the mechanism of a free and
                                                     Pursuant to Section 19(b)(1) of the                  Options from 8:00 a.m. to 7:30 a.m.                     open market and a national market
                                                  Securities Exchange Act of 1934 (the                    Currently, Exchange rules state that the                system. The Exchange believes that
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  Exchange will begin accepting orders at                 accepting orders at 7:30 a.m. will benefit
                                                  notice is hereby given that on October                  8:00 a.m. Eastern Time. Orders would                    investors, the national market system,
                                                  28,2015, EDGX Exchange, Inc. (the                       then be available for execution as of                   Members, and the Exchange market by
                                                  ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                9:30 a.m. until 4:00 p.m. Eastern Time.5                increasing competition for order flow
                                                  Securities and Exchange Commission                      The Exchange does not propose to                        and executions, and thereby spurring
                                                  (‘‘Commission’’) the proposed rule                      amend how it would handle orders                        product enhancements and lowering
                                                  change as described in Items I and II                   accepted prior to the market open other                 prices. The Exchange also notes that
                                                  below, which Items have been prepared                   than to begin accepting orders at 7:30                  other options exchanges currently
                                                  by the Exchange. The Exchange has                       a.m. Eastern Time rather than 8:00 a.m.                 accept orders prior to 8:00 a.m. Eastern
                                                  designated this proposal as a ‘‘non-                    Eastern Time.                                           Time 12 and the proposal would enable
                                                  controversial’’ proposed rule change                      First, the Exchange proposes to
                                                  pursuant to Section 19(b)(3)(A) of the                  amend Rule 21.2(a) to state that the                       6 Rule 21.7 also discusses order acceptance when


                                                  Act 3 and Rule 19b–4(f)(6)(iii)                         Exchange will begin accepting orders at                 the primary listing market for the applicable
                                                                                                          7:30 a.m. Eastern Time, as described in                 underlying security declares a regulatory trading
                                                  thereunder,4 which renders it effective                                                                         halt, suspension, or pause with respect to such
                                                  upon filing with the Commission. The                    Rule 21.7 and discussed below. Second,                  security (‘‘Regulatory Halt’’). The Exchange does
                                                  Commission is publishing this notice to                 the Exchange proposes to amend Rule                     not propose to amend the treatment of orders
                                                  solicit comments on the proposed rule                   21.6(c) to state that orders can be                     during a Regulatory Halt under Rule 21.7.
                                                                                                                                                                     7 See Exchange Rule 21.1(f)(2).
                                                  change from interested persons.                         entered into the System starting at 7:30
                                                                                                                                                                     8 See Exchange Rule 21.1(f)(5).
                                                                                                          a.m. Eastern Time. Currently, the Rule                     9 See Exchange Rule 21.1(d)(10).
                                                  I. Self-Regulatory Organization’s                       21.6(c) states that orders can be entered                  10 15 U.S.C. 78f(b).
                                                  Statement of the Terms of the Substance                 into the System from 8:00 a.m. Eastern                     11 15 U.S.C. 78f(b)(5).
                                                  of the Proposed Rule Change                             Time until the market close. While                         12 See Nasdaq OMX Systems Hours of Operation,

                                                    The Exchange filed a proposal to                      orders will be accepted by the System                   available at http://nasdaqtrader.com/content/
                                                  amend Rules 21.2, 21.6, and 21.7 to                     starting at 7:30 a.m. Eastern Time, they                TechnicalSupport/nasdaq_sys_hours.pdf (stating
                                                                                                                                                                  that system hours begin at 7:00 a.m. for Nasdaq
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  change the time orders will be accepted                 will not be eligible for execution until
                                                                                                                                                                  OMX BX (‘‘BX’’) and 7:30 a.m. for Nasdaq OMX
                                                  on the Exchange’s options platform                      9:30 a.m. Eastern Time.                                 PHLX (‘‘PHLX’’), and BX Chapter VI, Section 2(a)
                                                                                                                                                                  (stating the System operates and shall be available
                                                                                                            5 Option contracts on Fund Shares, as defined in      to accept bids and offers and orders from the time
                                                    20 17 CFR 200.30–3(a)(12).
                                                    1 15
                                                                                                          Rule 19.3(i), option contracts on exchange-traded       prior to market open specified by the Exchange on
                                                         U.S.C. 78s(b)(1).                                notes including Index-Linked Securities, as defined     its Web site to market close on each business day).
                                                    2 17 CFR 240.19b–4.
                                                                                                          in Rule 19.3(l), and option contracts on broad-based    See also Hours of Operation of the MIAX Options
                                                    3 15 U.S.C. 78s(b)(3)(A).
                                                                                                          indexes, as defined in Rule 29.1(j), close as of 4:15   Exchange (‘‘MIAX’’) available at http://
                                                    4 17 CFR 240.19b–4(f)(6)(iii).                        p.m. Eastern Time. See Exchange Rule 21.2(a).                                                      Continued




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Document Created: 2015-12-14 15:03:00
Document Modified: 2015-12-14 15:03:00
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 68581 

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