80_FR_73249 80 FR 73024 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.13, Order Execution and Routing

80 FR 73024 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.13, Order Execution and Routing

SECURITIES AND EXCHANGE COMMISSION

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

Page Range73024-73025
FR Document2015-29727

Federal Register, Volume 80 Issue 225 (Monday, November 23, 2015)
[Federal Register Volume 80, Number 225 (Monday, November 23, 2015)]
[Notices]
[Pages 73024-73025]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29727]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76459; File No. SR-BATS-2015-97)


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Rule 11.13, Order Execution and Routing

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, BATS Exchange, Inc. (the ``Exchange'' or 
``BATS'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 11.13, Order Execution 
and Routing, 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 11.13, Order Execution and 
Routing, 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 EDGX 
Exchange, Inc. (``EDGX''), BATS Y-Exchange, Inc. (``BYX''), and the 
EDGA Exchange, Inc. (``EDGA'' collectively with the Exchange, EDGX, 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 BATS Book \6\ at the 
National Best Bid or Offer (``NBBO'') or better. Any remainder would 
then be routed to EDGX, BYX, and/or EDGA in accordance with the System 
routing table.\7\ If shares remain unexecuted after routing, they are 
posted to the BATS 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\
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    \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(aa).
    \6\ The term ``BATS Book'' is defined as ``the System's 
electronic file of orders.'' See Exchange Rule 1.5(e).
    \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 11.13(b)(3).
    \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(cc).
    \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 EDGA, EDGX, or BYX 
as compared to other methods of routing or connectivity available to 
Users by the Exchange.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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    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, the Exchange 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

[[Page 73025]]

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.
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    \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 11.13(b)(3)(E).
    \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 the 
Exchange. 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 EDGA, 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 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.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4.
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    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.
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    \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 rule-comments@sec.gov. Please include 
File No. SR-BATS-2015-97 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-BATS-2015-97. 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-BATS-2015-97, and should be 
submitted on or before December 14, 2015.
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    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-29727 Filed 11-20-15; 8:45 am]
 BILLING CODE 8011-01-P



                                             73024                       Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices

                                               For the Commission, by the Division of                the proposed rule change and discussed                    in particular, in that it is designed to
                                             Trading and Markets, pursuant to delegated              any comments it received on the                           promote just and equitable principles of
                                             authority.23                                            proposed rule change. The text of these                   trade, to foster cooperation and
                                             Robert W. Errett,                                       statements may be examined at the                         coordination with persons engaged in
                                             Deputy Secretary.                                       places specified in Item IV below. The                    facilitating transactions in securities, to
                                             [FR Doc. 2015–29707 Filed 11–20–15; 8:45 am]            Exchange has prepared summaries, set                      remove impediments to and perfect the
                                             BILLING CODE 8011–01–P                                  forth in sections A, B, and C below, of                   mechanism of a free and open market
                                                                                                     the most significant parts of such                        and a national market system and, in
                                                                                                     statements.                                               general, to protect investors and the
                                             SECURITIES AND EXCHANGE                                                                                           public interest. The proposed rule
                                                                                                     A. Self-Regulatory Organization’s
                                             COMMISSION                                                                                                        change promotes just and equitable
                                                                                                     Statement of the Purpose of, and
                                                                                                     Statutory Basis for, the Proposed Rule                    principles of trade because it would
                                             [Release No. 34–76459; File No. SR–BATS–
                                             2015–97)                                                Change                                                    provide Users with greater flexibility in
                                                                                                                                                               routing orders consistent with
                                             Self-Regulatory Organizations; BATS                     1. Purpose                                                Regulation NMS without developing
                                             Exchange, Inc.; Notice of Filing and                       The Exchange proposes to amend                         complicated order routing strategies on
                                             Immediate Effectiveness of a Proposed                   Rule 11.13, Order Execution and                           their own. The Exchange believes that
                                             Rule Change To Amend Rule 11.13,                        Routing, to adopt a new routing option                    the proposed routing option will also
                                             Order Execution and Routing                             to be known as ALLB. As proposed,                         accomplish those ends by providing
                                                                                                     ALLB would be a routing option under                      market participants with an additional
                                             November 17, 2015.                                      which the order checks the System 5 for                   voluntary routing option that will
                                                Pursuant to section 19(b)(1) of the                  available shares and is then sent to the                  enable them to easily access liquidity
                                             Securities Exchange Act of 1934 (the                    EDGX Exchange, Inc. (‘‘EDGX’’), BATS                      available on all of the national securities
                                             ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  Y-Exchange, Inc. (‘‘BYX’’), and the                       exchanges operated by BGM Affiliated
                                             notice is hereby given that on November                 EDGA Exchange, Inc. (‘‘EDGA’’                             Exchanges. The Exchange expects the
                                             9, 2015, BATS Exchange, Inc. (the                       collectively with the Exchange, EDGX,                     routing strategy will benefit firms that
                                             ‘‘Exchange’’ or ‘‘BATS’’) filed with the                and BYX, the ‘‘BGM Affiliated                             do not employ routing or trading
                                             Securities and Exchange Commission                      Exchanges’’). Specifically, an order                      strategies under which the firm itself
                                             (‘‘Commission’’) the proposed rule                      subject to the ALLB routing option                        would rapidly access liquidity provided
                                             change as described in Items I and II                   would execute first against contra-side                   on the multiple venues. ALLB would
                                             below, which Items have been prepared                   displayed and non-displayed liquidity                     not provide any advantage to Users
                                             by the Exchange. The Exchange has                       on the BATS Book 6 at the National Best                   when routing to the EDGA, EDGX, or
                                             designated this proposal as a ‘‘non-                    Bid or Offer (‘‘NBBO’’) or better. Any                    BYX as compared to other methods of
                                             controversial’’ proposed rule change                    remainder would then be routed to                         routing or connectivity available to
                                             pursuant to section 19(b)(3)(A) of the                  EDGX, BYX, and/or EDGA in                                 Users by the Exchange.
                                             Act 3 and Rule 19b–4(f)(6)(iii)                         accordance with the System routing                           Lastly, the Exchange also notes that
                                             thereunder,4 which renders it effective                 table.7 If shares remain unexecuted after                 routing options enabling the routing of
                                             upon filing with the Commission. The                    routing, they are posted to the BATS                      orders between affiliated exchanges is
                                             Commission is publishing this notice to                 Book, unless otherwise instructed by the                  not unique and that the ALLB routing
                                             solicit comments on the proposed rule                   User.8 In such case, the User may                         option is similar to routing options
                                             change from interested persons.                         instruct the Exchange to cancel the                       offered by other exchange groups that
                                                                                                     remaining shares. ALLB is designed to                     permit routing between affiliates.
                                             I. Self-Regulatory Organization’s
                                                                                                     comply with Rule 611 and all other                        Specifically, the Nasdaq Stock Market
                                             Statement of the Terms of the Substance
                                                                                                     provisions of Regulation NMS.9                            LLC (‘‘Nasdaq’’), the Nasdaq OMX BX
                                             of the Proposed Rule Change
                                                                                                                                                               (‘‘BX’’), Nasdaq OMX PSX (‘‘PSX’’) offer
                                                The Exchange filed a proposal to                     2. Statutory Basis
                                                                                                                                                               routing options that enable an order,
                                             amend Rule 11.13, Order Execution and                      The Exchange believes that its                         whether sent to Nasdaq, BX, or PSX, to
                                             Routing, to adopt a new routing option                  proposal is consistent with section 6(b)                  check the Nasdaq, BX, and PSX books
                                             to be known as ALLB.                                    of the Act 10 in general, and furthers the                for liquidity before optionally posting to
                                                The text of the proposed rule change                 objectives of section 6(b)(5) of the Act 11               the Nasdaq, BX, or PSX book.12 In
                                             is available at the Exchange’s Web site                                                                           addition, the Exchange previously
                                             at www.batstrading.com, at the                             5 The term ‘‘System’’ is defined as ‘‘the electronic
                                                                                                                                                               offered a variation of a Destination
                                                                                                     communications and trading facility designated by
                                             principal office of the Exchange, and at                the Board through which securities orders of Users        Specific Order 13 which routed to and
                                             the Commission’s Public Reference                       are consolidated for ranking, execution and, when         executed by its affiliate, BYX, known as
                                             Room.                                                   applicable, routing away.’’ See Exchange Rule             the B2B routing.14 Therefore, the
                                                                                                     1.5(aa).
                                             II. Self-Regulatory Organization’s                         6 The term ‘‘BATS Book’’ is defined as ‘‘the
                                                                                                                                                                 12 See Securities Exchange Act Release Nos.
                                             Statement of the Purpose of, and                        System’s electronic file of orders.’’ See Exchange        63900 (February 14, 2011), 76 FR 9397 (February
                                             Statutory Basis for, the Proposed Rule                  Rule 1.5(e).                                              17, 2011) (SR-Nasdaq-2011–026); 65470 (October 3,
                                                                                                        7 The term ‘‘System routing table’’ refers to the
                                             Change                                                                                                            2011), 76 FR 62489 (October 7, 2011) (SR–BX–
                                                                                                     proprietary process for determining the specific          2011–048); and 65469 (October 3, 2011), 76 FR
                                               In its filing with the Commission, the                trading venues to which the System routes orders          62486 (October 7, 2011) (SR–Phlx–2011–108)
                                             Exchange included statements                            and the order in which it routes them. See                (Notices of Filing and Immediate Effectiveness to
wgreen on DSK2VPTVN1PROD with NOTICES




                                                                                                     Exchange Rule 11.13(b)(3).                                adopt the CART, BCRT, and PCRT routing options
                                             concerning the purpose of and basis for                    8 The term ‘‘User’’ is defined as ‘‘any Member or
                                                                                                                                                               on Nasdaq, BX, and PSX respectively). See also
                                                                                                     Sponsored Participant who is authorized to obtain         Nasdaq Rule 4758(a)(1)(A)(xi); BX Rule
                                               23 17 CFR 200.30–3(a)(12).                            access to the System pursuant to Rule 11.3.’’ See         4758(a)(1)(A)(vii); and PSX Rule 3315(a)(1)(A)(vii).
                                               1 15 U.S.C. 78s(b)(1).                                Exchange Rule 1.5(cc).                                      13 See Exchange Rule 11.13(b)(3)(E).
                                               2 17 CFR 240.19b–4.                                      9 17 CFR 242.611.                                        14 See Securities Exchange Act Release No. 63146
                                               3 15 U.S.C. 78s(b)(3)(A).                                10 15 U.S.C. 78f(b).
                                                                                                                                                               (October 21, 2010), 75 FR 66170 (October 27, 2010)
                                               4 17 CFR 240.19b–4(f)(6)(iii).                           11 15 U.S.C. 78f(b)(5).                                (SR–BATS–2010–030). The Exchange notes that



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                                                                        Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices                                                 73025

                                             Exchange believes the proposal removes                  proposed rule change has become                         • Send an email to rule-comments@
                                             impediments to and perfects the                         effective pursuant to section 19(b)(3)(A)             sec.gov. Please include File No. SR–
                                             mechanism of a free and open market                     of the Act 15 and paragraph (f)(6) of Rule            BATS–2015–97 on the subject line.
                                             and a national market system, and, in                   19b–4 thereunder.16 The Exchange has
                                             general, protects investors and the                     given the Commission written notice of                Paper Comments
                                             public interest.                                        its intent to file the proposed rule                    • Send paper comments in triplicate
                                             B. Self-Regulatory Organization’s                       change, along with a brief description                to Secretary, Securities and Exchange
                                             Statement on Burden on Competition                      and text of the proposed rule change at
                                                                                                                                                           Commission, 100 F Street NE.,
                                                                                                     least five business days prior to the date
                                                The Exchange does not believe that                                                                         Washington, DC 20549–1090.
                                                                                                     of filing of the proposed rule change, or
                                             the proposed rule change will result in                 such shorter time as designated by the                All submissions should refer to File No.
                                             any burden on competition that is not                   Commission.                                           SR–BATS–2015–97. This file number
                                             necessary or appropriate in furtherance                    The Exchange has asked the                         should be included on the subject line
                                             of the purposes of the Act, as amended.                 Commission to waive the 30-day                        if email is used. To help the
                                             The Exchange provides routing services                  operative delay so that the proposal may              Commission process and review your
                                             in a highly competitive market in which                 become operative immediately upon
                                             participants may avail themselves of a                                                                        comments more efficiently, please use
                                                                                                     filing. The Exchange states that having               only one method. The Commission will
                                             wide variety of routing options offered                 this additional voluntary routing option
                                             by self-regulatory organizations,                                                                             post all comments on the Commission’s
                                                                                                     will give market participants greater                 Internet Web site (http://www.sec.gov/
                                             alternative trading systems, other                      flexibility in routing orders and allow
                                             broker-dealers, market participants’ own                                                                      rules/sro.shtml). Copies of the
                                                                                                     them to more easily access liquidity on               submission, all subsequent
                                             proprietary routing systems, and service
                                                                                                     BGM Affiliated exchanges. In addition,                amendments, all written statements
                                             bureaus. In such an environment,
                                                                                                     the Exchange states that the proposed                 with respect to the proposed rule
                                             system enhancements such as the
                                                                                                     rule change is similar to a routing
                                             changes proposed in this rule filing do                                                                       change that are filed with the
                                                                                                     option offered by other exchanges and
                                             not burden competition, because they                                                                          Commission, and all written
                                                                                                     does not propose any new or unique
                                             can succeed in attracting order flow to                                                                       communications relating to the
                                                                                                     functionality. Based on the foregoing,
                                             the Exchange only if they offer investors                                                                     proposed rule change between the
                                                                                                     the Commission believes that the waiver
                                             higher quality and better value than                                                                          Commission and any person, other than
                                                                                                     of the operative delay is consistent with
                                             services offered by others. Encouraging                                                                       those that may be withheld from the
                                                                                                     the protection of investors and the
                                             competitors to provide higher quality                                                                         public in accordance with the
                                             and better value is the essence of a well-              public interest.17 Therefore, the
                                                                                                     Commission hereby waives the                          provisions of 5 U.S.C. 552, will be
                                             functioning competitive marketplace.                                                                          available for Web site viewing and
                                                Lastly, ALLB would not provide any                   operative delay and designates the
                                                                                                     proposal operative upon filing.                       printing in the Commission’s Public
                                             advantage to Users when routing to the
                                                                                                        At any time within 60 days of the                  Reference Room, 100 F Street NE.,
                                             EDGA, EDGX, or BYX as compared to
                                             other methods of routing or connectivity                filing of the proposed rule change, the               Washington, DC 20549 on official
                                             available to Users by the Exchange.                     Commission summarily may                              business days between the hours of
                                             Therefore, the Exchange does not                        temporarily suspend such rule change if               10:00 a.m. and 3:00 p.m. Copies of such
                                             believe the proposed rule change will                   it appears to the Commission that such                filing also will be available for
                                             result in any burden on intermarket                     action is necessary or appropriate in the             inspection and copying at the principal
                                             competition that is not necessary or                    public interest, for the protection of                office of the Exchange. All comments
                                             appropriate in furtherance of the                       investors; or otherwise in furtherance of             received will be posted without change;
                                             purposes of the Act.                                    the purposes of the Act. If the                       the Commission does not edit personal
                                                                                                     Commission takes such action, the                     identifying information from
                                             C. Self-Regulatory Organization’s                       Commission shall institute proceedings
                                             Statement on Comments on the                                                                                  submissions. You should submit only
                                                                                                     to determine whether the proposed rule                information that you wish to make
                                             Proposed Rule Change Received from                      should be approved or disapproved.
                                             Members, Participants, or Others                                                                              available publicly. All submissions
                                                                                                     IV. Solicitation of Comments                          should refer to File No. SR–BATS–
                                               No comments were solicited or                                                                               2015–97, and should be submitted on or
                                             received on the proposed rule change.                     Interested persons are invited to                   before December 14, 2015.
                                             III. Date of Effectiveness of the                       submit written data, views, and
                                                                                                     arguments concerning the foregoing,                     For the Commission, by the Division of
                                             Proposed Rule Change and Timing for                                                                           Trading and Markets, pursuant to delegated
                                             Commission Action                                       including whether the proposed rule
                                                                                                     change is consistent with the Act.                    authority.18
                                                Because the proposed rule change                     Comments may be submitted by any of                   Robert W. Errett,
                                             does not: (i) Significantly affect the                  the following methods:                                Deputy Secretary.
                                             protection of investors or the public
                                                                                                     Electronic Comments                                   [FR Doc. 2015–29727 Filed 11–20–15; 8:45 am]
                                             interest; (ii) impose any significant
                                                                                                                                                           BILLING CODE 8011–01–P
                                             burden on competition; and (iii) become                   • Use the Commission’s Internet
                                             operative for 30 days from the date on                  comment form (http://www.sec.gov/
                                             which it was filed, or such shorter time                rules/sro.shtml); or
wgreen on DSK2VPTVN1PROD with NOTICES




                                             as the Commission may designate if
                                             consistent with the protection of                         15 15  U.S.C. 78s(b)(3)(A).
                                             investors and the public interest, the                    16 17  CFR 240.19b–4.
                                                                                                        17 For purposes only of waiving the 30-day

                                             BYX offered similar routing capabilities to the         operative delay, the Commission has also
                                             Exchange. See Securities Exchange Act Release No.       considered the proposed rule’s impact on
                                             63299 (November 10, 2010), 75 FR 70325                  efficiency, competition, and capital formation. See
                                             (November 17, 2010) (SR–BYX–2010–005).                  15 U.S.C. 78c(f).                                       18 17   CFR 200.30–3(a)(12).



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Document Created: 2018-03-01 11:17:17
Document Modified: 2018-03-01 11:17:17
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 73024 

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