80_FR_73234 80 FR 73009 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.11, Routing to Away Trading Centers

80 FR 73009 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.11, Routing to Away Trading Centers

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 225 (November 23, 2015)

Page Range73009-73011
FR Document2015-29710

Federal Register, Volume 80 Issue 225 (Monday, November 23, 2015)
[Federal Register Volume 80, Number 225 (Monday, November 23, 2015)]
[Notices]
[Pages 73009-73011]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29710]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76455; File No. SR-EDGA-2015-42]


Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Rule 11.11, Routing to Away Trading Centers

November 17, 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 November 9, 2015, EDGA Exchange, Inc. (the ``Exchange'' or 
``EDGA'') 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

[[Page 73010]]

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 Rule 11.11, Routing to Away 
Trading Centers, to adopt a new routing option to be known as ALLB.
    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 proposes to amend Rule 11.11, Routing to Away Trading 
Centers, to adopt a new routing option to be known as ALLB. As 
proposed, ALLB would be a routing option under which the order checks 
the System \5\ for available shares and is then sent to the BATS 
Exchange, Inc. (``BZX''), BATS Y-Exchange, Inc. (``BYX''), and the EDGX 
Exchange, Inc. (``EDGX'' collectively with the Exchange, BZX, and BYX, 
the ``BGM Affiliated Exchanges''). Specifically, an order subject to 
the ALLB routing option would execute first against contra-side 
displayed and non-displayed liquidity on the EDGA Book \6\ at the 
National Best Bid or Offer (``NBBO'') or better. Any remainder, would 
then be routed to BZX, BYX, and/or EDGX in accordance with the System 
routing table.\7\ If shares remain unexecuted after routing, they are 
posted to the EDGA Book, unless otherwise instructed by the User.\8\ In 
such case, the User may instruct the Exchange to cancel the remaining 
shares. ALLB is designed to comply with Rule 611 and all other 
provisions of Regulation NMS.\9\
---------------------------------------------------------------------------

    \5\ The term ``System'' is defined as ``the electronic 
communications and trading facility designated by the Board through 
which securities orders of Users are consolidated for ranking, 
execution and, when applicable, routing away.'' See Exchange Rule 
1.5(cc).
    \6\ The term ``EDGA Book'' is defined as ``the System's 
electronic file of orders.'' See Exchange Rule 1.5(d).
    \7\ The term ``System routing table'' refers to the proprietary 
process for determining the specific trading venues to which the 
System routes orders and the order in which it routes them. See 
Exchange Rule 11.11(g).
    \8\ The term ``User'' is defined as ``any Member or Sponsored 
Participant who is authorized to obtain access to the System 
pursuant to Rule 11.3.'' See Exchange Rule 1.5(ee).
    \9\ 17 CFR 242.611.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \10\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \11\ in particular, 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 to and perfect the mechanism of a 
free and open market and a national market system and, in general, to 
protect investors and the public interest. The proposed rule change 
promotes just and equitable principles of trade because it would 
provide Users with greater flexibility in routing orders consistent 
with Regulation NMS without developing complicated order routing 
strategies on their own. The Exchange believes that the proposed 
routing option will also accomplish those ends by providing market 
participants with an additional voluntary routing option that will 
enable them to easily access liquidity available on all of the national 
securities exchanges operated by BGM Affiliated Exchanges. The Exchange 
expects the routing strategy will benefit firms that do not employ 
routing or trading strategies under which the firm itself would rapidly 
access liquidity provided on the multiple venues. ALLB would not 
provide any advantage to Users when routing to the EDGX, BZX, or BYX as 
compared to other methods of routing or connectivity available to Users 
by the Exchange.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Lastly, the Exchange also notes that routing options enabling the 
routing of orders between affiliated exchanges is not unique and that 
the ALLB routing option is similar to routing options offered by other 
exchange groups that permit routing between affiliates. Specifically, 
the Nasdaq Stock Market LLC (``Nasdaq''), the Nasdaq OMX BX (``BX''), 
Nasdaq OMX PSX (``PSX'') offer routing options that enable an order, 
whether sent to Nasdaq, BX, or PSX, to check the Nasdaq, BX, and PSX 
books for liquidity before optionally posting to the Nasdaq, BX, or PSX 
book.\12\ In addition, BZX previously offered a variation of a 
Destination Specific Order \13\ which routed to and executed by its 
affiliate, BYX, known as the B2B routing.\14\ Therefore, the Exchange 
believes the proposal removes impediments to and perfects the mechanism 
of a free and open market and a national market system, and, in 
general, protects investors and the public interest.
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release Nos. 63900 (February 
14, 2011), 76 FR 9397 (February 17, 2011) (SR-Nasdaq-2011-026); 
65470 (October 3, 2011), 76 FR 62489 (October 7, 2011) (SR-BX-2011-
048); and 65469 (October 3, 2011), 76 FR 62486 (October 7, 2011) 
(SR-Phlx-2011-108) (Notices of Filing and Immediate Effectiveness to 
adopt the CART, BCRT, and PCRT routing options on Nasdaq, BX, and 
PSX respectively). See also Nasdaq Rule 4758(a)(1)(A)(xi); BX Rule 
4758(a)(1)(A)(vii); and PSX Rule 3315(a)(1)(A)(vii).
    \13\ See Exchange Rule 11.11(g)(14).
    \14\ See Securities Exchange Act Release No. 63146 (October 21, 
2010), 75 FR 66170 (October 27, 2010) (SR-BATS-2010-030). The 
Exchange notes that BYX offered similar routing capabilities to BZX. 
See Securities Exchange Act Release No. 63299 (November 10, 2010), 
75 FR 70325 (November 17, 2010) (SR-BYX-2010-005).
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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 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act, as amended. The 
Exchange provides routing services in a highly competitive market in 
which participants may avail themselves of a wide variety of routing 
options offered by self-regulatory organizations, alternative trading 
systems, other broker-dealers, market participants' own proprietary 
routing systems, and service bureaus. In such an environment, system 
enhancements such as the changes proposed in this rule filing do not 
burden competition, because they can succeed in attracting order flow 
to the Exchange only if they offer investors higher quality and better 
value than services offered by others. Encouraging competitors to 
provide higher quality and better value is the essence of a well-
functioning competitive marketplace.
    Lastly, ALLB would not provide any advantage to Users when routing 
to the BZX, EDGX, or BYX as compared to other methods of routing or 
connectivity available to Users by the Exchange. Therefore, the 
Exchange does not believe the proposed rule change will

[[Page 73011]]

result in any burden on intermarket competition that is not necessary 
or appropriate in furtherance of the purposes of the Act.

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

    No comments were solicited or received on the proposed rule change.

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

    Because the 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 if consistent with the protection of investors 
and the public interest, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \15\ and paragraph (f)(6) of 
Rule 19b-4 thereunder.\16\ 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.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The Exchange states that having this additional voluntary 
routing option will give market participants greater flexibility in 
routing orders and allow them to more easily access liquidity on BGM 
Affiliated exchanges. In addition, the Exchange states that the 
proposed rule change is similar to a routing option offered by other 
exchanges and does not propose any new or unique functionality. Based 
on the foregoing, the Commission believes that the waiver of the 
operative delay is consistent with the protection of investors and the 
public interest.\17\ Therefore, the Commission hereby waives the 
operative delay and designates the proposal operative upon filing.
---------------------------------------------------------------------------

    \17\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors; or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the 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 No. SR-EDGA-2015-42 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-EDGA-2015-42. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal 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-EDGA-2015-42, and should be 
submitted on or December 14, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-29710 Filed 11-20-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                        Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices                                                  73009

                                             Members are responsible for all trading                 III. Date of Effectiveness of the                      communications relating to the
                                             activity by its Sponsored Participant. In               Proposed Rule Change and Timing for                    proposed rule change between the
                                             order to obtain connectivity to the                     Commission Action                                      Commission and any person, other than
                                             Exchange, members are required to                          Because the foregoing proposed rule                 those that may be withheld from the
                                             contact BX Subscriber Services and                      change does not significantly affect the               public in accordance with the
                                             request a connection to the market.                     protection of investors or the public                  provisions of 5 U.S.C. 552, will be
                                             Such connection requires approval by                    interest; does not impose any significant              available for Web site viewing and
                                             the Exchange, testing and other security                burden on competition; and by its terms                printing in the Commission’s Public
                                             features as well as information sharing                 does not become operative for 30 days                  Reference Room, 100 F Street NE.,
                                             with the Exchange by the member. Only                   from the date on which it was filed, or                Washington, DC 20549, on official
                                             members are permitted to request                        such shorter time as the Commission                    business days between the hours of
                                             connectivity to the Exchange. The                       may designate, it has become effective                 10:00 a.m. and 3:00 p.m. Copies of the
                                             requirement to also complete and                        pursuant to Section 19(b)(3)(A) 21 of the              filing also will be available for
                                             submit an Exchange Agreement, User                      Act and Rule 19b–4(f)(6) thereunder.22                 inspection and copying at the principal
                                             Agreement and a Notice of Consent with                     At any time within 60 days of the                   office of the Exchange. All comments
                                             our BX Membership Department is                         filing of the proposed rule change, the                received will be posted without change;
                                             viewed as unnecessarily burdensome by                   Commission summarily may                               the Commission does not edit personal
                                             members, who must update their                          temporarily suspend such rule change if                identifying information from
                                             customer relationships internally.                      it appears to the Commission that such                 submissions. You should submit only
                                             Additionally, the Exchange examines                     action is: necessary or appropriate in the             information that you wish to make
                                             for compliance with BX Rule 4615 and                    public interest; for the protection of                 available publicly. All submissions
                                             may request information about any                       investors; or otherwise in furtherance of              should refer to File Number SR–BX–
                                             customer relationship which concerns                    the purposes of the Act. If the                        2015–067 and should be submitted on
                                             the Exchange.                                           Commission takes such action, the                      or December 14, 2015.
                                               The Sponsoring Member remains                         Commission shall institute proceedings                   For the Commission, by the Division of
                                             responsible for customer activity                       to determine whether the proposed rule                 Trading and Markets, pursuant to delegated
                                             conducted on the Exchange through the                   should be approved or disapproved.                     authority.23
                                             Customer Agreement, among other                                                                                Robert W. Errett,
                                                                                                     IV. Solicitation of Comments
                                             obligations. Additionally, Sponsored                                                                           Deputy Secretary.
                                             Participants that obtain access to the                    Interested persons are invited to                    [FR Doc. 2015–29709 Filed 11–20–15; 8:45 am]
                                             Exchange’s System are required to take                  submit written data, views, and                        BILLING CODE 8011–01–P
                                             reasonable security precautions and                     arguments concerning the foregoing,
                                             prevent unauthorized use or access to                   including whether the proposed rule
                                             the BX Market, including unauthorized                   change is consistent with the Act.                     SECURITIES AND EXCHANGE
                                             entry of information into the BX                        Comments may be submitted by any of                    COMMISSION
                                                                                                     the following methods:
                                             Market,18 pursuant to the Customer                                                                             [Release No. 34–76455; File No. SR–EDGA–
                                             Agreement. Further, the Sponsored                       Electronic Comments                                    2015–42]
                                             Participants is responsible to establish                  • Use the Commission’s Internet
                                             adequate procedures and controls that                                                                          Self-Regulatory Organizations; EDGA
                                                                                                     comment form (http://www.sec.gov/
                                             permit it to effectively monitor its                                                                           Exchange, Inc.; Notice of Filing and
                                                                                                     rules/sro.shtml); or
                                             employees’, agents’ and customers’ use                    • Send an email to rule-                             Immediate Effectiveness of a Proposed
                                             and access to the BX Market for                         comments@sec.gov. Please include File                  Rule Change To Amend Rule 11.11,
                                             compliance with the terms of this                       Number SR–BX–2015–067 on the                           Routing to Away Trading Centers
                                             agreement.19 In addition, the Exchange,                 subject line.                                          November 17, 2015.
                                             through its Regulatory Services
                                                                                                     Paper Comments                                            Pursuant to Section 19(b)(1) of the
                                             Agreement with FINRA conducts
                                                                                                                                                            Securities Exchange Act of 1934 (the
                                             reviews of members for compliance                         • Send paper comments in triplicate                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                             with BX Rule 4615 and the Market                        to Secretary, Securities and Exchange                  notice is hereby given that on November
                                             Access Rule. The Exchange has the                       Commission, 100 F Street NE.,                          9, 2015, EDGA Exchange, Inc. (the
                                             ability to remove access to the port 20 at              Washington, DC 20549–1090.                             ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
                                             any time if the activity of the Sponsored               All submissions should refer to File                   Securities and Exchange Commission
                                             Participant would warrant such                          Number SR–BX–2015–067. This file                       (‘‘Commission’’) the proposed rule
                                             removal. Finally, BX Rule 4615 is                       number should be included on the                       change as described in Items I and II
                                             currently applicable to all BX members                  subject line if email is used. To help the             below, which Items have been prepared
                                             that desire to sponsor access for its                   Commission process and review your                     by the Exchange. The Exchange has
                                             customers and applies to trading in all                 comments more efficiently, please use                  designated this proposal as a ‘‘non-
                                             securities on the Exchange.                             only one method. The Commission will                   controversial’’ proposed rule change
                                             C. Self-Regulatory Organization’s                       post all comments on the Commission’s                  pursuant to Section 19(b)(3)(A) of the
                                             Statement on Comments on the                            Internet Web site (http://www.sec.gov/                 Act 3 and Rule 19b–4(f)(6)(iii)
                                             Proposed Rule Change Received From                      rules/sro.shtml). Copies of the                        thereunder,4 which renders it effective
                                             Members, Participants, or Others                        submission, all subsequent                             upon filing with the Commission. The
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                                                                                                     amendments, all written statements                     Commission is publishing this notice to
                                               No written comments were either                       with respect to the proposed rule
                                             solicited or received.                                  change that are filed with the                           23 17 CFR 200.30–3(a)(12).
                                                                                                     Commission, and all written                              1 15 U.S.C. 78s(b)(1).
                                               18 See BX Rule 4615(b)(ii)(G).                                                                                 2 17 CFR 240.19b–4.
                                               19 See BX Rule 4615(b)(ii)(H).                          21 15   U.S.C. 78s(b)(3)(A).                           3 15 U.S.C. 78s(b)(3)(A).
                                               20 See note 9.                                          22 17   CFR 240.19b–4(f)(6).                           4 17 CFR 240.19b–4(f)(6)(iii).




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                                             73010                       Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices

                                             solicit comments on the proposed rule                    System routing table.7 If shares remain                LLC (‘‘Nasdaq’’), the Nasdaq OMX BX
                                             change from interested persons.                          unexecuted after routing, they are                     (‘‘BX’’), Nasdaq OMX PSX (‘‘PSX’’) offer
                                                                                                      posted to the EDGA Book, unless                        routing options that enable an order,
                                             I. Self-Regulatory Organization’s
                                                                                                      otherwise instructed by the User.8 In                  whether sent to Nasdaq, BX, or PSX, to
                                             Statement of the Terms of the Substance
                                                                                                      such case, the User may instruct the                   check the Nasdaq, BX, and PSX books
                                             of the Proposed Rule Change                              Exchange to cancel the remaining                       for liquidity before optionally posting to
                                                The Exchange filed a proposal to                      shares. ALLB is designed to comply                     the Nasdaq, BX, or PSX book.12 In
                                             amend Rule 11.11, Routing to Away                        with Rule 611 and all other provisions                 addition, BZX previously offered a
                                             Trading Centers, to adopt a new routing                  of Regulation NMS.9                                    variation of a Destination Specific
                                             option to be known as ALLB.                                                                                     Order 13 which routed to and executed
                                                                                                      2. Statutory Basis
                                                The text of the proposed rule change                                                                         by its affiliate, BYX, known as the B2B
                                             is available at the Exchange’s Web site                     The Exchange believes that its                      routing.14 Therefore, the Exchange
                                             at www.batstrading.com, at the                           proposal is consistent with Section 6(b)               believes the proposal removes
                                             principal office of the Exchange, and at                 of the Act 10 in general, and furthers the             impediments to and perfects the
                                             the Commission’s Public Reference                        objectives of Section 6(b)(5) of the Act 11            mechanism of a free and open market
                                             Room.                                                    in particular, in that it is designed to               and a national market system, and, in
                                                                                                      promote just and equitable principles of               general, protects investors and the
                                             II. Self-Regulatory Organization’s                       trade, to foster cooperation and                       public interest.
                                             Statement of the Purpose of, and                         coordination with persons engaged in
                                             Statutory Basis for, the Proposed Rule                   facilitating transactions in securities, to            B. Self-Regulatory Organization’s
                                             Change                                                   remove impediments to and perfect the                  Statement on Burden on Competition
                                                                                                      mechanism of a free and open market                       The Exchange does not believe that
                                               In its filing with the Commission, the
                                                                                                      and a national market system and, in                   the proposed rule change will result in
                                             Exchange included statements
                                                                                                      general, to protect investors and the                  any burden on competition that is not
                                             concerning the purpose of and basis for
                                                                                                      public interest. The proposed rule                     necessary or appropriate in furtherance
                                             the proposed rule change and discussed
                                                                                                      change promotes just and equitable                     of the purposes of the Act, as amended.
                                             any comments it received on the
                                                                                                      principles of trade because it would                   The Exchange provides routing services
                                             proposed rule change. The text of these
                                                                                                      provide Users with greater flexibility in              in a highly competitive market in which
                                             statements may be examined at the
                                                                                                      routing orders consistent with                         participants may avail themselves of a
                                             places specified in Item IV below. The                   Regulation NMS without developing
                                             Exchange has prepared summaries, set                                                                            wide variety of routing options offered
                                                                                                      complicated order routing strategies on                by self-regulatory organizations,
                                             forth in Sections A, B, and C below, of                  their own. The Exchange believes that
                                             the most significant parts of such                                                                              alternative trading systems, other
                                                                                                      the proposed routing option will also                  broker-dealers, market participants’ own
                                             statements.                                              accomplish those ends by providing                     proprietary routing systems, and service
                                             A. Self-Regulatory Organization’s                        market participants with an additional                 bureaus. In such an environment,
                                             Statement of the Purpose of, and                         voluntary routing option that will                     system enhancements such as the
                                             Statutory Basis for, the Proposed Rule                   enable them to easily access liquidity                 changes proposed in this rule filing do
                                             Change                                                   available on all of the national securities            not burden competition, because they
                                                                                                      exchanges operated by BGM Affiliated                   can succeed in attracting order flow to
                                             1. Purpose                                               Exchanges. The Exchange expects the                    the Exchange only if they offer investors
                                                The Exchange proposes to amend                        routing strategy will benefit firms that               higher quality and better value than
                                             Rule 11.11, Routing to Away Trading                      do not employ routing or trading                       services offered by others. Encouraging
                                             Centers, to adopt a new routing option                   strategies under which the firm itself                 competitors to provide higher quality
                                             to be known as ALLB. As proposed,                        would rapidly access liquidity provided                and better value is the essence of a well-
                                             ALLB would be a routing option under                     on the multiple venues. ALLB would                     functioning competitive marketplace.
                                             which the order checks the System 5 for                  not provide any advantage to Users                        Lastly, ALLB would not provide any
                                             available shares and is then sent to the                 when routing to the EDGX, BZX, or BYX                  advantage to Users when routing to the
                                             BATS Exchange, Inc. (‘‘BZX’’), BATS Y-                   as compared to other methods of routing                BZX, EDGX, or BYX as compared to
                                             Exchange, Inc. (‘‘BYX’’), and the EDGX                   or connectivity available to Users by the              other methods of routing or connectivity
                                             Exchange, Inc. (‘‘EDGX’’ collectively                    Exchange.                                              available to Users by the Exchange.
                                             with the Exchange, BZX, and BYX, the                        Lastly, the Exchange also notes that                Therefore, the Exchange does not
                                             ‘‘BGM Affiliated Exchanges’’).                           routing options enabling the routing of                believe the proposed rule change will
                                             Specifically, an order subject to the                    orders between affiliated exchanges is
                                             ALLB routing option would execute first                  not unique and that the ALLB routing                     12 See Securities Exchange Act Release Nos.

                                             against contra-side displayed and non-                   option is similar to routing options                   63900 (February 14, 2011), 76 FR 9397 (February
                                             displayed liquidity on the EDGA Book 6                   offered by other exchange groups that                  17, 2011) (SR-Nasdaq-2011–026); 65470 (October 3,
                                                                                                      permit routing between affiliates.                     2011), 76 FR 62489 (October 7, 2011) (SR–BX–
                                             at the National Best Bid or Offer                                                                               2011–048); and 65469 (October 3, 2011), 76 FR
                                             (‘‘NBBO’’) or better. Any remainder,                     Specifically, the Nasdaq Stock Market                  62486 (October 7, 2011) (SR–Phlx–2011–108)
                                             would then be routed to BZX, BYX,                                                                               (Notices of Filing and Immediate Effectiveness to
                                                                                                         7 The term ‘‘System routing table’’ refers to the
                                                                                                                                                             adopt the CART, BCRT, and PCRT routing options
                                             and/or EDGX in accordance with the                       proprietary process for determining the specific       on Nasdaq, BX, and PSX respectively). See also
                                                                                                      trading venues to which the System routes orders       Nasdaq Rule 4758(a)(1)(A)(xi); BX Rule
                                                                                                      and the order in which it routes them. See             4758(a)(1)(A)(vii); and PSX Rule 3315(a)(1)(A)(vii).
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                                               5 The term ‘‘System’’ is defined as ‘‘the electronic

                                             communications and trading facility designated by        Exchange Rule 11.11(g).                                  13 See Exchange Rule 11.11(g)(14).
                                                                                                         8 The term ‘‘User’’ is defined as ‘‘any Member or
                                             the Board through which securities orders of Users                                                                14 See Securities Exchange Act Release No. 63146
                                             are consolidated for ranking, execution and, when        Sponsored Participant who is authorized to obtain      (October 21, 2010), 75 FR 66170 (October 27, 2010)
                                             applicable, routing away.’’ See Exchange Rule            access to the System pursuant to Rule 11.3.’’ See      (SR–BATS–2010–030). The Exchange notes that
                                             1.5(cc).                                                 Exchange Rule 1.5(ee).                                 BYX offered similar routing capabilities to BZX. See
                                               6 The term ‘‘EDGA Book’’ is defined as ‘‘the              9 17 CFR 242.611.
                                                                                                                                                             Securities Exchange Act Release No. 63299
                                                                                                         10 15 U.S.C. 78f(b).
                                             System’s electronic file of orders.’’ See Exchange                                                              (November 10, 2010), 75 FR 70325 (November 17,
                                             Rule 1.5(d).                                                11 15 U.S.C. 78f(b)(5).                             2010) (SR–BYX–2010–005).



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                                                                        Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices                                                 73011

                                             result in any burden on intermarket                     temporarily suspend such rule change if               should refer to File No. SR–EDGA–
                                             competition that is not necessary or                    it appears to the Commission that such                2015–42, and should be submitted on or
                                             appropriate in furtherance of the                       action is necessary or appropriate in the             December 14, 2015.
                                             purposes of the Act.                                    public interest, for the protection of
                                                                                                                                                             For the Commission, by the Division of
                                                                                                     investors; or otherwise in furtherance of
                                             C. Self-Regulatory Organization’s                                                                             Trading and Markets, pursuant to delegated
                                                                                                     the purposes of the Act. If the
                                             Statement on Comments on the                                                                                  authority.18
                                                                                                     Commission takes such action, the
                                             Proposed Rule Change Received From                                                                            Robert W. Errett,
                                                                                                     Commission shall institute proceedings
                                             Members, Participants, or Others                                                                              Deputy Secretary.
                                                                                                     to determine whether the proposed rule
                                               No comments were solicited or                         should be approved or disapproved.                    [FR Doc. 2015–29710 Filed 11–20–15; 8:45 am]
                                             received on the proposed rule change.                                                                         BILLING CODE 8011–01–P
                                                                                                     IV. Solicitation of Comments
                                             III. Date of Effectiveness of the
                                                                                                       Interested persons are invited to
                                             Proposed Rule Change and Timing for
                                                                                                     submit written data, views, and                       SECURITIES AND EXCHANGE
                                             Commission Action
                                                                                                     arguments concerning the foregoing,                   COMMISSION
                                                Because the proposed rule change                     including whether the proposed rule
                                             does not: (i) Significantly affect the                  change is consistent with the Act.
                                             protection of investors or the public                                                                         [Release No. 34–76449; File No. SR–
                                                                                                     Comments may be submitted by any of
                                             interest; (ii) impose any significant                                                                         NASDAQ–2015–140]
                                                                                                     the following methods:
                                             burden on competition; and (iii) become
                                             operative for 30 days from the date on                  Electronic Comments                                   Self-Regulatory Organizations; The
                                             which it was filed, or such shorter time                  • Use the Commission’s Internet                     NASDAQ Stock Market LLC; Notice of
                                             as the Commission may designate if                      comment form (http://www.sec.gov/                     Filing and Immediate Effectiveness of
                                             consistent with the protection of                       rules/sro.shtml); or                                  Proposed Rule Change Relating to
                                             investors and the public interest, the                    • Send an email to rule-comments@                   Sponsored Access
                                             proposed rule change has become                         sec.gov. Please include File No. SR–
                                                                                                                                                           November 17, 2015.
                                             effective pursuant to Section 19(b)(3)(A)               EDGA–2015–42 on the subject line.
                                             of the Act 15 and paragraph (f)(6) of Rule                                                                       Pursuant to Section 19(b)(1) of the
                                                                                                     Paper Comments                                        Securities Exchange Act of 1934
                                             19b–4 thereunder.16 The Exchange has
                                             given the Commission written notice of                     • Send paper comments in triplicate                (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                             its intent to file the proposed rule                    to Secretary, Securities and Exchange                 notice is hereby given that on November
                                             change, along with a brief description                  Commission, 100 F Street NE.,                         4, 2015, The NASDAQ Stock Market
                                             and text of the proposed rule change at                 Washington, DC 20549–1090.                            LLC (‘‘NASDAQ’’ or ‘‘Exchange’’) filed
                                             least five business days prior to the date              All submissions should refer to File No.              with the Securities and Exchange
                                             of filing of the proposed rule change, or               SR–EDGA–2015–42. This file number                     Commission (‘‘SEC’’ or ‘‘Commission’’)
                                             such shorter time as designated by the                  should be included on the subject line                the proposed rule change as described
                                             Commission.                                             if email is used. To help the                         in Items I, II, and III, below, which Items
                                                The Exchange has asked the                           Commission process and review your                    have been prepared by NASDAQ. The
                                             Commission to waive the 30-day                          comments more efficiently, please use                 Commission is publishing this notice to
                                             operative delay so that the proposal may                only one method. The Commission will                  solicit comments on the proposed rule
                                             become operative immediately upon                       post all comments on the Commission’s                 change from interested persons.
                                             filing. The Exchange states that having                 Internet Web site (http://www.sec.gov/
                                             this additional voluntary routing option                rules/sro.shtml). Copies of the                       I. Self-Regulatory Organization’s
                                             will give market participants greater                   submission, all subsequent                            Statement of the Terms of Substance of
                                             flexibility in routing orders and allow                 amendments, all written statements                    the Proposed Rule Change
                                             them to more easily access liquidity on                 with respect to the proposed rule
                                                                                                     change that are filed with the                           NASDAQ proposes to amend Nasdaq
                                             BGM Affiliated exchanges. In addition,
                                                                                                     Commission, and all written                           Rule 4615 entitled, ‘‘Sponsored
                                             the Exchange states that the proposed
                                                                                                     communications relating to the                        Participants’’ to: (1) Define the term
                                             rule change is similar to a routing
                                                                                                     proposed rule change between the                      ‘‘Sponsored Access’’ and ‘‘Customer
                                             option offered by other exchanges and
                                                                                                     Commission and any person, other than                 Agreement;’’ (2) specify the
                                             does not propose any new or unique
                                                                                                     those that may be withheld from the                   requirements to comply with Rule
                                             functionality. Based on the foregoing,
                                                                                                     public in accordance with the                         15c3–5 under the Securities Exchange
                                             the Commission believes that the waiver
                                                                                                     provisions of 5 U.S.C. 552, will be                   Act of 1934 (‘‘Market Access Rule’’); and
                                             of the operative delay is consistent with
                                             the protection of investors and the                     available for Web site viewing and                    (3) remove the requirement that each
                                             public interest.17 Therefore, the                       printing in the Commission’s Public                   Sponsored Participant and each
                                             Commission hereby waives the                            Reference Room, 100 F Street NE.,                     Sponsoring Member must enter into
                                             operative delay and designates the                      Washington, DC 20549 on official                      certain agreements with the Exchange.
                                             proposal operative upon filing.                         business days between the hours of                       The text of the proposed rule change
                                                At any time within 60 days of the                    10:00 a.m. and 3:00 p.m. Copies of such               is available on the Exchange’s Web site
                                             filing of the proposed rule change, the                 filing also will be available for                     at http://
                                             Commission summarily may                                inspection and copying at the principal               www.nasdaq.cchwallstreet.com, at the
wgreen on DSK2VPTVN1PROD with NOTICES




                                                                                                     office of the Exchange. All comments                  principal office of the Exchange, and at
                                               15 15  U.S.C. 78s(b)(3)(A).                           received will be posted without change;               the Commission’s Public Reference
                                               16 17  CFR 240.19b–4.                                 the Commission does not edit personal                 Room.
                                                17 For purposes only of waiving the 30-day
                                                                                                     identifying information from
                                             operative delay, the Commission has also
                                             considered the proposed rule’s impact on
                                                                                                     submissions. You should submit only                     18 17 CFR 200.30–3(a)(12).
                                             efficiency, competition, and capital formation. See     information that you wish to make                       1 15 U.S.C. 78s(b)(1).
                                             15 U.S.C. 78c(f).                                       available publicly. All submissions                     2 17 CFR 240.19b–4.




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Document Created: 2018-03-01 11:18:03
Document Modified: 2018-03-01 11:18:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 73009 

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