80_FR_69103 80 FR 68888 - Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Its Smart Versus Direct Routing Protocol

80 FR 68888 - Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Its Smart Versus Direct Routing Protocol

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 215 (November 6, 2015)

Page Range68888-68890
FR Document2015-28267

Federal Register, Volume 80 Issue 215 (Friday, November 6, 2015)
[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68888-68890]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28267]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76326; File No. SR-CHX-2015-08]


Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Modify Its Smart Versus Direct Routing Protocol

November 2, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that, on October 26, 2015, the Chicago Stock Exchange, Inc. (``CHX'' or 
``Exchange'') 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 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    CHX proposes to modify its smart versus direct order routing 
protocol. CHX has designated this proposed rule change as non-
controversial pursuant to Section 19(b)(3)(A) \3\ of the Act and Rule 
19b-4(f)(6) \4\ thereunder and has provided the Commission with the 
notice required by Rule 19b-4(f)(6)(iii).\5\ The text of this proposed 
rule change is available on the Exchange's Web site at (www.chx.com) 
and in the Commission's Public Reference Room.
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    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ 17 CFR 240.19b-4(f)(6)(iii).
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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 CHX included statements 
concerning the purpose of and basis for the proposed rule changes 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 CHX has prepared summaries, set forth in sections A, 
B and C below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to modify its smart versus direct order 
routing protocol, which was recently clarified and modified under SR-
CHX-2015-02.\6\ Specifically, the Exchange proposes to (1) eliminate 
the Exchange's special routing handling for Protected Quotations \7\ 
displayed on the Alternative Display Facility (``ADF'') operated by the 
Financial Industry Regulatory Authority (``FINRA'') \8\ (``ADF special 
handling'') \9\ and (2) to always direct a non-affiliate third-party 
routing broker (``third-party routing broker'') to route orders to 
specific routing destinations, when required by CHX Rules,\10\ 
including situations where orders would be routed pursuant to a routing 
table maintained by the Exchange, as described in detail below. The 
Exchange does not propose to substantively modify the smart versus 
direct order routing protocol or the CHX Routing Services in any other 
way.
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    \6\ See Exchange Act Release No. 74487 (March 12, 2015), 80 FR 
14193 (March 18, 2015) (SR-CHX-2015-02).
    \7\ See 17 CFR 242.600(a)(58).
    \8\ See FINRA Rule 6210.
    \9\ See supra note 6.
    \10\ See CHX Article 19, Rule 3(a).
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    Currently, upon the triggering of a Routing Event,\11\ the Exchange 
will route away Routable Orders,\12\ or portions thereof, through 
CHXBD, LLC, which is an affiliated routing broker that operates as a 
facility of the Exchange, which would then forward orders to a third-
party routing broker for routing to the ultimate routing 
destination.\13\ All orders routed to the third-party routing broker 
will include instructions for the third-party routing broker to either 
direct route the order to a specific destination or to smart route the 
order utilizing the third-party routing broker's routing technology, 
pursuant to a routing table provided and maintained by the Exchange. 
The decision to smart or direct route orders is made by the Exchange 
pursuant to the following smart versus direct order routing protocol: 
\14\
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    \11\ Id.
    \12\ See CHX Article 1, Rule 1(oo).
    \13\ See Exchange Act Release No. 73150 (September 19, 2014), 79 
FR 57603 (September 25, 2014) (SR-CHX-2014-15).
    \14\ See supra notes 6 and 13.
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     Smart route. Subject to ADF special handling, if the 
portion of a Routable Order that is to be routed away at a certain 
price point is smaller than the aggregate size of two or more contra-
side Protected Quotations that could be satisfied at that price point, 
the Exchange will rely on a third-party routing broker to utilize its 
smart routing technology to route away the corresponding orders 
pursuant to a routing table provided by the Exchange. When orders are 
smart routed, the relevant snapshot of Protected Quotations of external 
markets for Regulation NMS purposes will be taken by the third-party 
routing broker and the third-party routing broker would route orders 
marked Immediate Or Cancel \15\ and Intermarket Sweep Order \16\ 
(``IOC/ISO'').
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    \15\ See CHX Article 1, Rule 2(d)(4).
    \16\ See CHX Article 1, Rule 2(b)(3)(B).
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     Direct route. Subject to ADF special handling, if the 
portion of a Routable Order that is to be routed away at a certain 
price point is smaller than the size of one contra-side Protected 
Quotation that could be satisfied or is the same size as the aggregate 
size of one or more contra-side Protected Quotations that could be 
satisfied at that price point, the Exchange will direct the third-party 
routing broker to route corresponding orders to specific routing 
destinations. Thus, the relevant snapshot of the Protected Quotations 
of

[[Page 68889]]

external markets for Regulation NMS purposes will be taken by the 
Exchange and the Exchange would route IOC/ISOs to the third-party 
routing broker along with instructions to route the orders to a 
specific destination.
     ADF Special Handling. If one of the contra-side Protected 
Quotations described above is displayed on the ADF, the Exchange will 
route the entire remaining balance of the Routable Order to a third-
party routing broker for smart routing.
    The Exchange now proposes to always direct a third-party routing 
broker to route orders to specific routing destinations, regardless of 
whether an order would be smart or direct routed. Specifically, if the 
Exchange's routing systems determine that a Routable Order should be 
smart routed, the Exchange's routing systems will create the necessary 
corresponding orders (as opposed to handing such responsibilities to 
the third-party routing broker), pursuant to a routing table maintained 
by the Exchange, and direct the third-party routing broker to route the 
corresponding orders to specific routing destinations. Thus, the result 
is that the Exchange will always direct a third-party routing broker to 
route IOC/ISOs to specific destinations. Also, the Exchange proposes to 
eliminate ADF special handling and treat Protected Quotations displayed 
on the ADF like any other Protected Quotations displayed in the 
national market system. Thus, the smart versus direct order routing 
protocol would be simplified as follows:
     Smart route. If the portion of a Routable Order that is to 
be routed away at a certain price point is smaller than the aggregate 
size of two or more contra-side Protected Quotations that could be 
satisfied at that price point, the Exchange will utilize its smart 
routing technology and direct the third-party routing broker to route 
IOC/ISO(s) to specific routing destinations.
     Direct route. If the portion of a Routable Order that is 
to be routed away is smaller than the size of one contra-side Protected 
Quotation that could be satisfied or is the same size as the aggregate 
size of one or more contra-side Protected Quotations that could be 
satisfied at that price point, the Exchange will direct the third-party 
routing broker to route IOC/ISO(s) to specific routing destinations.
     In either scenario, the relevant snapshot of Protected 
Quotations of external markets will be taken by the Exchange.
Operative Date
    The Exchange proposes to make the proposed rule change operative as 
follows:
     The proposal for the Exchange to always direct a third-
party routing broker to route orders to specific destinations shall be 
operative October 29, 2015, prior to the Exchange's Regulation SCI 
compliance date of November 3, 2015.\17\
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    \17\ See Exchange Act Release No. 73639 (December 5, 2014), 79 
FR 72251 (December 5, 2014).
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     The proposed elimination of ADF special handling shall be 
operative pursuant to two weeks' notice by the Exchange to its 
Participants via Information Memorandum on a date to coincide with the 
operative date of CHX Sub-second Non-displayed Auction Process 
(``SNAP''),\18\ which will not occur during the thirty (30) day pre-
operative waiting period contained in Exchange Act Rule 19b-
4(f)(6)(iii).\19\
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    \18\ The proposed rule change to adopt SNAP was recently 
approved, but is not yet operative. See Securities Exchange Act 
Release No. 76087 (October 6, 2015), 80 FR 61540 (October 13, 2015).
    \19\ Id.
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section 
6(b) of the Act in general \20\ and furthers the objectives of Section 
6(b)(5) in particular,\21\ in that it is designed to promote just and 
equitable principles of trade, to foster cooperation and coordination 
with persons engaged in facilitating transactions in securities, to 
remove impediments and perfect the mechanisms of a free and open 
market, and, in general, to protect investors and the public interest. 
Specifically, the Exchange believes that the proposal removes 
impediments and perfects the mechanisms of a free and open market by 
streamlining the CHX Routing Services through simplifying the smart 
versus direct routing protocol, which also protects investors and the 
public interest.
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    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement of Burden on Competition

    The Exchange does not believe that the proposal will impose any 
burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. To the contrary, the Exchange 
believes that the proposal will enhance competition by streamlining the 
CHX Routing Services. Thus, the proposal is a competitive proposal that 
is intended to draw additional order flow to the Exchange, which will, 
in turn, benefit the Exchange and all Participants.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days 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 \22\ and Rule 19b-
4(f)(6) thereunder.\23\
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    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), CHX provided the Commission with written notice of its 
intent to file the proposed rule change, along with a brief 
description and the text of the proposed rule change, at least five 
business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
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    The Exchange has requested that the Commission waive the 
requirement that the rule change not become operative for 30 days after 
the date of the filing as set forth in Rule 19b-4(f)(6)(iii),\24\ so 
that the proposal may become immediately operative upon filing. The 
Exchange has stated that it desires to operate under the proposal to 
begin always directing a third-party routing broker to route orders to 
specific destinations on October 29, 2015, allowing the proposal to be 
fully implemented prior to the Exchange's Regulation SCI compliance 
date of November 3, 2015.\25\ Waiver of the operative waiting period 
and implementation prior to the SCI compliance date would permit the 
Exchange to exclude the third-party routing broker from its Regulation 
SCI compliance responsibilities. In addition, the Exchange believes 
that an operative date ahead of the Exchange's actual Regulation SCI 
compliance date is necessary to better ensure that the proposed 
modification is operating properly before the Exchange's Regulation SCI 
compliance date. For those reasons, the Commission finds that waiver of 
the 30-day pre-operative waiting period is consistent with the 
protection of investors and the public. The Commission hereby waives 
the 30-

[[Page 68890]]

day operative delay and designates the proposal effective upon 
filing.\26\
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    \24\ 17 CFR 240.19b-4(f)(6)(iii).
    \25\ See supra note 17.
    \26\ For purposes of waiving the 30-day operative delay, the 
Commission has considered the proposed rule's impact on efficiency, 
competition, and capital formation. See 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CHX-2015-08 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CHX-2015-08. 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 20549-1090. Copies of the filing will also be available 
for inspection and copying at the Exchange's principal office. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CHX-2015-08 and should be 
submitted on or before November 27, 2015.
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    \27\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\27\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-28267 Filed 11-5-15; 8:45 am]
BILLING CODE 8011-01-P



                                                  68888                          Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices

                                                  change that are filed with the                          I. Self-Regulatory Organization’s                     The Exchange does not propose to
                                                  Commission, and all written                             Statement of the Terms of Substance of                substantively modify the smart versus
                                                  communications relating to the                          the Proposed Rule Change                              direct order routing protocol or the CHX
                                                  proposed rule change between the                           CHX proposes to modify its smart                   Routing Services in any other way.
                                                  Commission and any person, other than                   versus direct order routing protocol.                   Currently, upon the triggering of a
                                                  those that may be withheld from the                     CHX has designated this proposed rule                 Routing Event,11 the Exchange will
                                                  public in accordance with the                           change as non-controversial pursuant to               route away Routable Orders,12 or
                                                  provisions of 5 U.S.C. 552, will be                     Section 19(b)(3)(A) 3 of the Act and Rule             portions thereof, through CHXBD, LLC,
                                                  available for Web site viewing and                      19b–4(f)(6) 4 thereunder and has                      which is an affiliated routing broker that
                                                  printing in the Commission’s Public                     provided the Commission with the                      operates as a facility of the Exchange,
                                                                                                          notice required by Rule 19b–4(f)(6)(iii).5            which would then forward orders to a
                                                  Reference Room, 100 F Street NE.,
                                                                                                          The text of this proposed rule change is              third-party routing broker for routing to
                                                  Washington, DC 20549, on official
                                                                                                                                                                the ultimate routing destination.13 All
                                                  business days between the hours of                      available on the Exchange’s Web site at
                                                                                                                                                                orders routed to the third-party routing
                                                  10:00 a.m. and 3:00 p.m. Copies of the                  (www.chx.com) and in the
                                                                                                                                                                broker will include instructions for the
                                                  filing will also be available for                       Commission’s Public Reference Room.
                                                                                                                                                                third-party routing broker to either
                                                  inspection and copying at the principal                 II. Self-Regulatory Organization’s                    direct route the order to a specific
                                                  office of the Exchange. All comments                    Statement of the Purpose of, and                      destination or to smart route the order
                                                  received will be posted without change;                 Statutory Basis for, the Proposed Rule                utilizing the third-party routing broker’s
                                                  the Commission does not edit personal                   Change                                                routing technology, pursuant to a
                                                  identifying information from                                                                                  routing table provided and maintained
                                                                                                             In its filing with the Commission, the
                                                  submissions. You should submit only                                                                           by the Exchange. The decision to smart
                                                                                                          CHX included statements concerning
                                                  information that you wish to make                       the purpose of and basis for the                      or direct route orders is made by the
                                                  available publicly. All submissions                     proposed rule changes and discussed                   Exchange pursuant to the following
                                                  should refer to File Number SR–BATS–                    any comments it received on the                       smart versus direct order routing
                                                  2015–93 and should be submitted on or                   proposed rule change. The text of these               protocol: 14
                                                  before November 27, 2015.                                                                                       • Smart route. Subject to ADF special
                                                                                                          statements may be examined at the
                                                                                                                                                                handling, if the portion of a Routable
                                                     For the Commission, by the Division of               places specified in Item IV below. The
                                                                                                                                                                Order that is to be routed away at a
                                                  Trading and Markets, pursuant to delegated              CHX has prepared summaries, set forth
                                                                                                                                                                certain price point is smaller than the
                                                  authority.19                                            in sections A, B and C below, of the
                                                                                                                                                                aggregate size of two or more contra-side
                                                  Jill M. Peterson,                                       most significant aspects of such
                                                                                                                                                                Protected Quotations that could be
                                                  Assistant Secretary.                                    statements.
                                                                                                                                                                satisfied at that price point, the
                                                  [FR Doc. 2015–28268 Filed 11–5–15; 8:45 am]             A. Self-Regulatory Organization's                     Exchange will rely on a third-party
                                                  BILLING CODE 8011–01–P                                  Statement of the Purpose of, and                      routing broker to utilize its smart
                                                                                                          Statutory Basis for, the Proposed Rule                routing technology to route away the
                                                                                                          Change                                                corresponding orders pursuant to a
                                                  SECURITIES AND EXCHANGE                                                                                       routing table provided by the Exchange.
                                                                                                          1. Purpose
                                                  COMMISSION                                                                                                    When orders are smart routed, the
                                                                                                             The Exchange proposes to modify its                relevant snapshot of Protected
                                                                                                          smart versus direct order routing                     Quotations of external markets for
                                                  [Release No. 34–76326; File No. SR–CHX–
                                                                                                          protocol, which was recently clarified                Regulation NMS purposes will be taken
                                                  2015–08]
                                                                                                          and modified under SR–CHX–2015–02.6                   by the third-party routing broker and the
                                                  Self-Regulatory Organizations;                          Specifically, the Exchange proposes to                third-party routing broker would route
                                                  Chicago Stock Exchange, Inc.; Notice                    (1) eliminate the Exchange’s special                  orders marked Immediate Or Cancel 15
                                                                                                          routing handling for Protected                        and Intermarket Sweep Order 16 (‘‘IOC/
                                                  of Filing and Immediate Effectiveness
                                                                                                          Quotations 7 displayed on the                         ISO’’).
                                                  of Proposed Rule Change To Modify Its
                                                                                                          Alternative Display Facility (‘‘ADF’’)                  • Direct route. Subject to ADF special
                                                  Smart Versus Direct Routing Protocol                                                                          handling, if the portion of a Routable
                                                                                                          operated by the Financial Industry
                                                  November 2, 2015.                                       Regulatory Authority (‘‘FINRA’’) 8                    Order that is to be routed away at a
                                                                                                          (‘‘ADF special handling’’) 9 and (2) to               certain price point is smaller than the
                                                     Pursuant to Section 19(b)(1) of the                  always direct a non-affiliate third-party             size of one contra-side Protected
                                                  Securities Exchange Act of 1934                         routing broker (‘‘third-party routing                 Quotation that could be satisfied or is
                                                  (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                 broker’’) to route orders to specific                 the same size as the aggregate size of
                                                  notice is hereby given that, on October                 routing destinations, when required by                one or more contra-side Protected
                                                  26, 2015, the Chicago Stock Exchange,                   CHX Rules,10 including situations                     Quotations that could be satisfied at that
                                                  Inc. (‘‘CHX’’ or ‘‘Exchange’’) filed with               where orders would be routed pursuant                 price point, the Exchange will direct the
                                                  the Securities and Exchange                             to a routing table maintained by the                  third-party routing broker to route
                                                  Commission (‘‘Commission’’) the                         Exchange, as described in detail below.               corresponding orders to specific routing
                                                  proposed rule change as described in                                                                          destinations. Thus, the relevant
                                                  Items I and II below, which Items have                    3 15 U.S.C. 78s(b)(3)(A).                           snapshot of the Protected Quotations of
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  been prepared by the Exchange. The                        4 17 CFR 240.19b–4(f)(6).
                                                                                                            5 17 CFR 240.19b–4(f)(6)(iii).
                                                  Commission is publishing this notice to                                                                         11 Id.
                                                                                                            6 See Exchange Act Release No. 74487 (March 12,       12 See CHX Article 1, Rule 1(oo).
                                                  solicit comments on the proposed rule
                                                                                                          2015), 80 FR 14193 (March 18, 2015) (SR–CHX–            13 See Exchange Act Release No. 73150
                                                  change from interested persons.                         2015–02).                                             (September 19, 2014), 79 FR 57603 (September 25,
                                                                                                            7 See 17 CFR 242.600(a)(58).                        2014) (SR–CHX–2014–15).
                                                    19 17 CFR 200.30–3(a)(12).                              8 See FINRA Rule 6210.                                14 See supra notes 6 and 13.
                                                    1 15 U.S.C. 78s(b)(1).                                  9 See supra note 6.                                   15 See CHX Article 1, Rule 2(d)(4).
                                                    2 17 CFR 240.19b–4.                                     10 See CHX Article 19, Rule 3(a).                     16 See CHX Article 1, Rule 2(b)(3)(B).




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                                                                               Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices                                                     68889

                                                  external markets for Regulation NMS                     Operative Date                                        turn, benefit the Exchange and all
                                                  purposes will be taken by the Exchange                    The Exchange proposes to make the                   Participants.
                                                  and the Exchange would route IOC/ISOs                   proposed rule change operative as                     C. Self-Regulatory Organization's
                                                  to the third-party routing broker along                 follows:                                              Statement on Comments Regarding the
                                                  with instructions to route the orders to                  • The proposal for the Exchange to                  Proposed Rule Change Received From
                                                  a specific destination.                                 always direct a third-party routing                   Members, Participants, or Others
                                                     • ADF Special Handling. If one of the                broker to route orders to specific
                                                                                                          destinations shall be operative October                 No written comments were either
                                                  contra-side Protected Quotations
                                                                                                          29, 2015, prior to the Exchange’s                     solicited or received.
                                                  described above is displayed on the
                                                  ADF, the Exchange will route the entire                 Regulation SCI compliance date of                     III. Date of Effectiveness of the
                                                  remaining balance of the Routable Order                 November 3, 2015.17                                   Proposed Rule Change and Timing for
                                                  to a third-party routing broker for smart                 • The proposed elimination of ADF                   Commission Action
                                                  routing.                                                special handling shall be operative
                                                                                                          pursuant to two weeks’ notice by the                     Because the foregoing proposed rule
                                                     The Exchange now proposes to                         Exchange to its Participants via                      change does not: (i) Significantly affect
                                                  always direct a third-party routing                     Information Memorandum on a date to                   the protection of investors or the public
                                                  broker to route orders to specific routing              coincide with the operative date of CHX               interest; (ii) impose any significant
                                                  destinations, regardless of whether an                  Sub-second Non-displayed Auction                      burden on competition; and (iii) become
                                                  order would be smart or direct routed.                  Process (‘‘SNAP’’),18 which will not                  operative for 30 days from the date on
                                                  Specifically, if the Exchange’s routing                 occur during the thirty (30) day pre-                 which it was filed, or such shorter time
                                                  systems determine that a Routable Order                 operative waiting period contained in                 as the Commission may designate, it has
                                                  should be smart routed, the Exchange’s                  Exchange Act Rule 19b–4(f)(6)(iii).19                 become effective pursuant to Section
                                                  routing systems will create the                                                                               19(b)(3)(A) of the Act 22 and Rule 19b–
                                                  necessary corresponding orders (as                      2. Statutory Basis                                    4(f)(6) thereunder.23
                                                  opposed to handing such                                    The Exchange believes that the                        The Exchange has requested that the
                                                  responsibilities to the third-party                     proposal is consistent with Section 6(b)              Commission waive the requirement that
                                                  routing broker), pursuant to a routing                  of the Act in general 20 and furthers the             the rule change not become operative
                                                  table maintained by the Exchange, and                   objectives of Section 6(b)(5) in                      for 30 days after the date of the filing as
                                                  direct the third-party routing broker to                particular,21 in that it is designed to               set forth in Rule 19b–4(f)(6)(iii),24 so
                                                  route the corresponding orders to                       promote just and equitable principles of              that the proposal may become
                                                  specific routing destinations. Thus, the                trade, to foster cooperation and                      immediately operative upon filing. The
                                                  result is that the Exchange will always                 coordination with persons engaged in                  Exchange has stated that it desires to
                                                  direct a third-party routing broker to                  facilitating transactions in securities, to           operate under the proposal to begin
                                                  route IOC/ISOs to specific destinations.                remove impediments and perfect the                    always directing a third-party routing
                                                  Also, the Exchange proposes to                          mechanisms of a free and open market,                 broker to route orders to specific
                                                  eliminate ADF special handling and                      and, in general, to protect investors and             destinations on October 29, 2015,
                                                  treat Protected Quotations displayed on                 the public interest. Specifically, the                allowing the proposal to be fully
                                                  the ADF like any other Protected                        Exchange believes that the proposal                   implemented prior to the Exchange’s
                                                  Quotations displayed in the national                    removes impediments and perfects the                  Regulation SCI compliance date of
                                                  market system. Thus, the smart versus                   mechanisms of a free and open market                  November 3, 2015.25 Waiver of the
                                                  direct order routing protocol would be                  by streamlining the CHX Routing                       operative waiting period and
                                                  simplified as follows:                                  Services through simplifying the smart                implementation prior to the SCI
                                                                                                          versus direct routing protocol, which                 compliance date would permit the
                                                     • Smart route. If the portion of a
                                                                                                          also protects investors and the public                Exchange to exclude the third-party
                                                  Routable Order that is to be routed away
                                                                                                          interest.                                             routing broker from its Regulation SCI
                                                  at a certain price point is smaller than                                                                      compliance responsibilities. In addition,
                                                  the aggregate size of two or more contra-               B. Self-Regulatory Organization's
                                                                                                                                                                the Exchange believes that an operative
                                                  side Protected Quotations that could be                 Statement of Burden on Competition
                                                                                                                                                                date ahead of the Exchange’s actual
                                                  satisfied at that price point, the                         The Exchange does not believe that                 Regulation SCI compliance date is
                                                  Exchange will utilize its smart routing                 the proposal will impose any burden on                necessary to better ensure that the
                                                  technology and direct the third-party                   competition that is not necessary or                  proposed modification is operating
                                                  routing broker to route IOC/ISO(s) to                   appropriate in furtherance of the                     properly before the Exchange’s
                                                  specific routing destinations.                          purposes of the Act. To the contrary, the             Regulation SCI compliance date. For
                                                     • Direct route. If the portion of a                  Exchange believes that the proposal will              those reasons, the Commission finds
                                                  Routable Order that is to be routed away                enhance competition by streamlining                   that waiver of the 30-day pre-operative
                                                  is smaller than the size of one contra-                 the CHX Routing Services. Thus, the                   waiting period is consistent with the
                                                  side Protected Quotation that could be                  proposal is a competitive proposal that               protection of investors and the public.
                                                  satisfied or is the same size as the                    is intended to draw additional order                  The Commission hereby waives the 30-
                                                  aggregate size of one or more contra-side               flow to the Exchange, which will, in
                                                  Protected Quotations that could be                                                                              22 15 U.S.C. 78s(b)(3)(A).
                                                                                                            17 See  Exchange Act Release No. 73639
                                                  satisfied at that price point, the                                                                              23 17 CFR 240.19b–4(f)(6). As required under Rule
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                                                                                                          (December 5, 2014), 79 FR 72251 (December 5,          19b–4(f)(6)(iii), CHX provided the Commission with
                                                  Exchange will direct the third-party                    2014).                                                written notice of its intent to file the proposed rule
                                                  routing broker to route IOC/ISO(s) to                      18 The proposed rule change to adopt SNAP was
                                                                                                                                                                change, along with a brief description and the text
                                                  specific routing destinations.                          recently approved, but is not yet operative. See      of the proposed rule change, at least five business
                                                                                                          Securities Exchange Act Release No. 76087 (October
                                                     • In either scenario, the relevant                   6, 2015), 80 FR 61540 (October 13, 2015).
                                                                                                                                                                days prior to the date of filing of the proposed rule
                                                                                                                                                                change, or such shorter time as designated by the
                                                  snapshot of Protected Quotations of                        19 Id.                                             Commission.
                                                  external markets will be taken by the                      20 15 U.S.C. 78f(b).                                 24 17 CFR 240.19b–4(f)(6)(iii).

                                                  Exchange.                                                  21 15 U.S.C. 78f(b)(5).                              25 See supra note 17.




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                                                  68890                        Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices

                                                  day operative delay and designates the                  inspection and copying at the                          SUSQUEHANNA RIVER BASIN
                                                  proposal effective upon filing.26                       Exchange’s principal office. All                       COMMISSION
                                                     At any time within 60 days of the                    comments received will be posted
                                                  filing of the proposed rule change, the                 without change; the Commission does                    Projects Approved for Consumptive
                                                  Commission summarily may                                not edit personal identifying                          Uses of Water
                                                  temporarily suspend such rule change if                 information from submissions. You                      AGENCY: Susquehanna River Basin
                                                  it appears to the Commission that such                  should submit only information that                    Commission.
                                                  action is necessary or appropriate in the               you wish to make available publicly. All               ACTION: Notice.
                                                  public interest, for the protection of                  submissions should refer to File
                                                  investors, or otherwise in furtherance of               Number SR–CHX–2015–08 and should                       SUMMARY:   This notice lists the projects
                                                  the purposes of the Act. If the                         be submitted on or before November 27,                 approved by rule by the Susquehanna
                                                  Commission takes such action, the                       2015.                                                  River Basin Commission during the
                                                  Commission shall institute proceedings                                                                         period set forth in DATES.
                                                  to determine whether the proposed rule                     For the Commission, by the Division of
                                                                                                                                                                 DATES: August 1–31, 2015.
                                                  should be approved or disapproved.                      Trading and Markets, pursuant to delegated
                                                                                                          authority.27                                           ADDRESSES: Susquehanna River Basin
                                                  IV. Solicitation of Comments                                                                                   Commission, 4423 North Front Street,
                                                                                                          Jill M. Peterson,
                                                    Interested persons are invited to                                                                            Harrisburg, PA 17110–1788.
                                                                                                          Assistant Secretary.
                                                  submit written data, views, and                                                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                          [FR Doc. 2015–28267 Filed 11–5–15; 8:45 am]            Jason E. Oyler, General Counsel,
                                                  arguments concerning the foregoing,
                                                  including whether the proposed rule
                                                                                                          BILLING CODE 8011–01–P                                 telephone: (717) 238–0423, ext. 1312;
                                                  change is consistent with the Act.                                                                             fax: (717) 238–2436; email: joyler@
                                                  Comments may be submitted by any of                                                                            srbc.net. Regular mail inquiries may be
                                                                                                          SECURITIES AND EXCHANGE                                sent to the above address.
                                                  the following methods:
                                                                                                          COMMISSION                                             SUPPLEMENTARY INFORMATION: This
                                                  Electronic Comments                                                                                            notice lists the projects, described
                                                    • Use the Commission’s Internet                       [File No. 500–1]                                       below, receiving approval for the
                                                  comment form (http://www.sec.gov/                                                                              consumptive use of water pursuant to
                                                  rules/sro.shtml); or                                    In the Matter of CodeSmart Holdings,                   the Commission’s approval by rule
                                                    • Send an email to rule-comments@                     Inc.; Order of Suspension of Trading                   process set forth in 18 CFR 806.22(f) for
                                                  sec.gov. Please include File Number SR–                                                                        the time period specified above:
                                                                                                          November 4, 2015
                                                  CHX–2015–08 on the subject line.                                                                               Approvals by Rule Issued Under 18
                                                                                                             It appears to the Securities and
                                                  Paper Comments                                                                                                 CFR 806.22(f)
                                                                                                          Exchange Commission (‘‘Commission’’)
                                                    • Send paper comments in triplicate                   that there is a lack of current and                    1. EOG Resources, Inc., Pad ID: PHC 7H,
                                                  to Brent J. Fields, Secretary, Securities               accurate information concerning the                        ABR–20090722.R1, Lawrence
                                                  and Exchange Commission, 100 F Street                   securities of CodeSmart Holdings, Inc.                     Township, Clearfield County, Pa.;
                                                  NE., Washington, DC 20549–1090.                         (‘‘CodeSmart’’) because it has not filed                   Consumptive Use of Up to 1.9999
                                                  All submissions should refer to File                    any periodic reports since the period                      mgd; Approval Date: August 6,
                                                  Number SR–CHX–2015–08. This file                        ended June 30, 2014 and that suspicious                    2015.
                                                  number should be included on the                                                                               2. Chevron Appalachia, LLC, Pad ID:
                                                                                                          market activity involving securities of
                                                  subject line if email is used. To help the                                                                         Hutton Unit #1H, ABR–
                                                                                                          CodeSmart has taken place. CodeSmart
                                                  Commission process and review your                                                                                 20090518.R1, Chest Township,
                                                                                                          is a Florida corporation with its                          Clearfield County, Pa.;
                                                  comments more efficiently, please use                   principal place of business in Mohnton,
                                                  only one method. The Commission will                                                                               Consumptive Use of Up to 5.0000
                                                                                                          Pennsylvania. Its stock is quoted on                       mgd; Approval Date: August 11,
                                                  post all comments on the Commission’s                   OTC Link, operated by OTC Markets
                                                  Internet Web site (http://www.sec.gov/                                                                             2015.
                                                                                                          Group Inc., under the ticker: ITEN. The                3. Chevron Appalachia, LLC, Pad ID:
                                                  rules/sro.shtml). Copies of the                         Commission is of the opinion that the                      Lytle Unit Drilling Pad #1H, ABR–
                                                  submission, all subsequent                              public interest and the protection of                      20100104.R1, Lawrence Township,
                                                  amendments, all written statements                      investors require a suspension of trading                  Clearfield County, Pa.;
                                                  with respect to the proposed rule
                                                                                                          in the securities of CodeSmart.                            Consumptive Use of Up to 5.0000
                                                  change that are filed with the
                                                                                                             Therefore, it is ordered, pursuant to                   mgd; Approval Date: August 11,
                                                  Commission, and all written
                                                                                                          Section 12(k) of the Securities Exchange                   2015.
                                                  communications relating to the                                                                                 4. Chevron Appalachia, LLC, Pad ID:
                                                  proposed rule change between the                        Act of 1934, that trading in the
                                                                                                                                                                     Shannon Land & Mining Drilling
                                                  Commission and any person, other than                   securities of the above-listed company is
                                                                                                                                                                     Pad #1, ABR–20100628.R1,
                                                  those that may be withheld from the                     suspended for the period from 9:30 a.m.
                                                                                                                                                                     Lawrence Township, Clearfield
                                                  public in accordance with the                           EST on November 4, 2015, through
                                                                                                                                                                     County, Pa.; Consumptive Use of
                                                  provisions of 5 U.S.C. 552, will be                     11:59 p.m. EST on November 17, 2015.                       Up to 2.0000 mgd; Approval Date:
                                                  available for Web site viewing and                         By the Commission.                                      August 11, 2015.
                                                  printing in the Commission’s Public
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          Jill M. Peterson,                                      5. Chevron Appalachia, LLC, Pad ID:
                                                  Reference Room, 100 F Street NE.,                                                                                  Snow Shoe 2, ABR–201011007.R1,
                                                  Washington, DC 20549–1090. Copies of                    Assistant Secretary.
                                                                                                                                                                     Snow Shoe Township, Centre
                                                  the filing will also be available for                   [FR Doc. 2015–28413 Filed 11–4–15; 11:15 am]
                                                                                                                                                                     County, Pa.; Consumptive Use of
                                                                                                          BILLING CODE 8011–01–P
                                                    26 For
                                                                                                                                                                     Up to 4.0000 mgd; Approval Date:
                                                           purposes of waiving the 30-day operative
                                                  delay, the Commission has considered the proposed                                                                  August 11, 2015.
                                                  rule’s impact on efficiency, competition, and capital                                                          6. Chevron Appalachia, LLC, Pad ID:
                                                  formation. See 15 U.S.C. 78c(f).                          27 17   CFR 200.30–3(a)(12).                             Snow Shoe 4, ABR–201011042.R1,


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Document Created: 2015-12-14 15:09:05
Document Modified: 2015-12-14 15:09:05
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 68888 

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