80_FR_79042 80 FR 78800 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rules 11.13(b)(4)(A) and 21.9(a)(3)(A), Amending Aggressive Re-Route Instruction

80 FR 78800 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rules 11.13(b)(4)(A) and 21.9(a)(3)(A), Amending Aggressive Re-Route Instruction

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 242 (December 17, 2015)

Page Range78800-78802
FR Document2015-31683

Federal Register, Volume 80 Issue 242 (Thursday, December 17, 2015)
[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Notices]
[Pages 78800-78802]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31683]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76623; File No. SR-BATS-2015-112]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to Rules 
11.13(b)(4)(A) and 21.9(a)(3)(A), Amending Aggressive Re-Route 
Instruction

December 11, 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 December 2, 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) 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange is proposing to amend the Aggressive Re-Route 
instruction under Exchange Rule 11.13(b)(4)(A) to route such orders 
where that order has been locked or crossed by other Trading Centers on 
the Exchange's cash equities trading platform (``BATS Equities''). 
Consistent with its practice of offering similar functionality for the 
Exchange's equity options trading platform (``BATS

[[Page 78801]]

Options'') as it does for BATS Equities, the Exchange also proposes to 
amend Rule 21.9(a)(3)(A) to make similar changes with respect to BATS 
Options.
    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
    With respect to BATS Equities, the Exchange currently allows Users 
to submit various types of limit orders to the Exchange that are 
processed pursuant to Exchange Rules 11.13(a) and 11.13(b), as set 
forth below. Rule 11.13(a) describes the process by which an incoming 
order would execute against the BATS Book for BATS Equities. To the 
extent an order has not been executed in its entirety against the BATS 
Book, Rule 11.13(b) then describes the process of routing marketable 
limit orders to one or more Trading Centers, including a description of 
how the Exchange treats any unfilled balance that returns to the 
Exchange following the first attempt to fill the order through the 
routing process. If not filled through routing, and based on the order 
instructions, the unfilled balance of the order may be posted to the 
BATS Book.
    Similarly, with respect to BATS Options, Rule 21.8 describes the 
process by which an incoming order would execute against the BATS 
Options Book.\5\ To the extent an order has not been executed in its 
entirety against the BATS Options Book, Rule 21.9(a)(1) then describes 
the process of routing marketable limit orders to one or more other 
options exchanges, including a description of how the Exchange treats 
any unfilled balance that returns to the Exchange following the first 
attempt to fill the order through the routing process. If not filled 
through routing, and based on the order instructions, the unfilled 
balance of the order may be posted to the BATS Options Book.
---------------------------------------------------------------------------

    \5\ As defined in Rule 16.1(a)(9).
---------------------------------------------------------------------------

    Under previous Exchange rules,\6\ to the extent the unfilled 
balance of an order had been posted to the BATS Book, should the order 
subsequently be locked or crossed by another accessible Trading Center, 
the System \7\ would route the order to the locking or crossing Trading 
Center if instructed to do so by the User (the ``RECYCLE Option''). The 
Exchange then filed a proposed rule change with the Commission for 
immediate effectiveness to modify the RECYCLE Option and rename it as 
the Aggressive and Super-Aggressive Re-Route instruction.\8\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release Nos. 59967 (May 21, 
2009), 74 FR 25793 (May 29, 2009) (SR-BATS-2009-015) (proposing to 
allow the designation of an order as eligible for re-routing after 
being posted to the BATS Book if another Trading Center has locked 
or crossed the posted order); 62404 (June 30, 2010), 75 FR 39303 
(July 8, 2010) (SR-BATS-2010-017) (naming the designation of an 
order as eligible for re-routing after being posted to the BATS Book 
if another Trading Center has locked or crossed the posted order as 
the RECYCLE routing option).
    \7\ As defined in Rule 1.5(aa), the System is 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.
    \8\ See Securities Exchange Act Release No. 73296 (October 3, 
2014), 79 FR 61121 (October 9, 2014) (SR-BATS-2014-044) (Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to 
Amend Rules 11.13 and Rule 21.9) (adopting the Aggressive Re-Route 
instruction). In SR-BATS-2014-044, the RECYCLE Option was renamed 
Super Aggressive Re-Route instruction, under which a routable order 
posted to the BATS Book routes to away Trading Centers to remove 
liquidity from such Trading Centers any time such order is locked or 
crossed. The Exchange subsequently expanded the Super Aggressive Re-
Route instruction to provide that when any order with a Super 
Aggressive Re-Route instruction is locked by an incoming BATS Post 
Only Order or Partial Post Only at Limit Order that does not remove 
liquidity pursuant to Rule 11.9(c)(6) or Rule 11.9(c)(7), 
respectively, the Re-Route order is converted to an executable order 
when displayed shares become available on the opposite side of the 
market and will remove liquidity against such shares (``liquidity 
swap functionality''). See Securities Exchange Act Release No. 74738 
(April 16, 2015), 80 FR 22600 (April 22, 2015) (SR-BATS-2015-09). 
Once amended, the only difference between the Aggressive and Super 
Aggressive Re-Route instructions would be that the liquidity swap 
functionality described above would be available to an order subject 
to the Super Aggressive Re-Route instruction and not available to an 
order subject to the Aggressive Re-Route instruction.
---------------------------------------------------------------------------

    The Aggressive Re-Route instruction subjects an order to the 
routing process after being posted to the BATS Book only if the order 
is subsequently crossed by another Trading Center (rather than if the 
order is locked or crossed). Further, a routable non-displayed limit 
order posted to the BATS Book that is crossed by another accessible 
Trading Center will be automatically routed to the crossing Trading 
Center. The Exchange proposes to modify the Aggressive Re-Route 
instruction to also provide that, where the order is locked by another 
accessible Trading Center, it would be automatically routed to the 
locking Trading Center. The proposed amendment would also apply to non-
displayed orders with the Aggressive Re-Route instruction.\9\
---------------------------------------------------------------------------

    \9\ In April 2015, the Aggressive Re-Route instruction was 
expanded to apply to non-displayed orders. See Securities Exchange 
Act Release No. 74738 (April 16, 2015), 80 FR 22600 (April 22, 2015) 
(SR-BATS-2015-09).
---------------------------------------------------------------------------

    In order to maintain consistency between the analogous Aggressive 
Re-Route instruction offered by BATS Equities and BATS Options, the 
Exchange proposes to modify the rules of BATS Options to conform to the 
changes described above related to the Aggressive Re-Route instruction. 
The proposed Aggressive Re-Route functionality for BATS Options is 
similar to the proposed functionality for BATS Equities, with the 
exception of language related to non-displayed orders. BATS Options 
does not have non-displayed orders, and thus, has omitted language 
regarding Re-Route functionality applicable to non-displayed orders. 
All other changes for BATS Equities, including the rationale and 
example described above, are identical for BATS Options.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act \10\ and furthers the objectives of 
Section 6(b)(5) of the Act \11\ because it is designed to promote just 
and equitable principles of trade, to remove impediments to and perfect 
the mechanism of a free and open market and a national market system, 
to foster cooperation and coordination with persons engaged in 
facilitating transactions in securities, and, in general, to protect 
investors and the public interest. Specifically, the proposed changes 
are designed to provide Users with additional control over their orders 
in the context of a national market system where quotations may lock or 
cross orders posted to the BATS Book and to facilitate executions on 
the Exchange consistent with User instructions. Thus, the proposals are 
directly targeted at removing impediments to and

[[Page 78802]]

perfecting the mechanism of a free and open market and national market 
system. The proposed rule change also is designed to support the 
principles of Section 11A(a)(1) \12\ of the Act in that it seeks to 
assure fair competition among brokers and dealers and among exchange 
markets. Lastly, the Exchange notes that the proposed amendments to the 
Aggressive Re-Route instruction previously existed on the Exchange as 
the RECYCLE routing option.\13\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ 15 U.S.C. 78k-1(a)(1).
    \13\ See supra notes 6 and 8.
---------------------------------------------------------------------------

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. The Exchange 
believes that proposed amendment to the Aggressive Re-Route 
functionality encourages competition by increasing the likelihood of 
executions of orders that have been posted to the Exchange. The 
increased likelihood of an execution where the order is locked by a 
quotation on a Trading Center should attract additional order flow to 
the Exchange.

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

    The Exchange has neither solicited nor received written comments on 
the proposed rule change.

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, it has become effective pursuant to Section 
19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6) thereunder.\15\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \16\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \17\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. 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 
stated that waiver of the operative delay will allow the Exchange to 
immediately provide Users with additional control over their orders in 
the context of a national market system where quotations may lock or 
cross orders posted to the BATS Book and to facilitate executions on 
the Exchange consistent with User instructions.\18\ The Commission 
believes the waiver of the operative delay is consistent with the 
protection of investors and the public interest. Therefore, the 
Commission hereby waives the operative delay and designates the 
proposal operative upon filing.\19\
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ The Exchange further stated that it will provide Members 
with reasonable advance notice of the proposed rule change's 
implementation date.
    \19\ 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 change 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 Number SR-BATS-2015-112 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2015-112. 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 Number SR-BATS-2015-112, and should be 
submitted on or before January 7, 2016.
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-31683 Filed 12-16-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                    78800                        Federal Register / Vol. 80, No. 242 / Thursday, December 17, 2015 / Notices

                                                    markets at 3:00 p.m. (Chicago time). As                   trade, to remove impediments to and                   IV. Conclusion
                                                    such, the Exchange understands that                       perfect the mechanism of a free and                     It is therefore ordered, pursuant to
                                                    ICE is changing the trading hours for                     open market and a national market                     Section 19(b)(2) of the Act,12 that the
                                                    expiring EAFE futures contracts listed                    system, and, in general, to protect                   proposed rule change (File No. SR–
                                                    on ICE from 10:00 a.m. (Chicago time)                     investors and the public interest.                    CBOE–2015–104) be, and hereby is,
                                                    to 3:15 p.m. (Chicago time).5 Because                        The Commission believes that it is                 approved on an accelerated basis.
                                                    the MSCI EAFE Index will now be
                                                                                                              consistent with the Act for the Exchange                For the Commission, by the Division of
                                                    calculated and disseminated through
                                                                                                              to change the trading hours for expiring              Trading and Markets, pursuant to delegated
                                                    the close of trading on U.S. markets                                                                            authority.13
                                                                                                              EAFE options from a close of 10:00 a.m.
                                                    (until 3:00 p.m. (Chicago time)) and
                                                                                                              (Chicago time) to 3:00 p.m. (Chicago                  Robert W. Errett,
                                                    because ICE is also changing the trading
                                                    hours for expiring EAFE futures (to                       time), because the MSCI EAFE Index                    Deputy Secretary.
                                                    close at 3:15 p.m. (Chicago time)), the                   will now be calculated and                            [FR Doc. 2015–31678 Filed 12–16–15; 8:45 am]
                                                    Exchange proposes to change the                           disseminated through the close of                     BILLING CODE 8011–01–P

                                                    closing time for trading in expiring                      trading at 3:00 p.m. (Chicago time) and
                                                    EAFE options from 10:00 a.m. (Chicago                     thus the current index value should be
                                                    time) to 3:00 p.m. (Chicago time) on                      widely available to market participants               SECURITIES AND EXCHANGE
                                                    their expiration date.                                    throughout the entire trading day.                    COMMISSION
                                                       The Exchange proposes to close                         Further, the proposed rule change will                [Release No. 34–76623; File No. SR–BATS–
                                                    trading at 3:00 p.m. (Chicago time)—                      allow the trading hours of EAFE options               2015–112]
                                                    rather than at 3:15 p.m. (Chicago time),                  to continue to closely align with the
                                                    the time ICE ceases trading for expiring                  trading hours of expiring EAFE futures                Self-Regulatory Organizations; BATS
                                                    EAFE futures contracts—because,                           contracts, which the Commission                       Exchange, Inc.; Notice of Filing and
                                                    according to the Exchange, on the last                    believes will afford investors and                    Immediate Effectiveness of a Proposed
                                                    day of trading, the closing prices of the                 market participants the ability to                    Rule Change to Rules 11.13(b)(4)(A)
                                                    component stocks, which are used to                       continue to hedge across markets. The                 and 21.9(a)(3)(A), Amending
                                                    derive the exercise settlement value of                   Commission also notes that the trading                Aggressive Re-Route Instruction
                                                    the EAFE options, are known at 3:00                       hours are consistent with the closing                 December 11, 2015.
                                                    p.m. (Chicago time) (or shortly                           times of other P.M.-settled contracts                    Pursuant to Section 19(b)(1) of the
                                                    thereafter).6 The Exchange further notes                  listed on the Exchange that underlie                  Securities Exchange Act of 1934 (the
                                                    that this proposed rule change is                         indexes that close when the U.S. equity               ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    consistent with the closing times for                     markets close at 3:00 p.m. (Chicago                   notice is hereby given that on December
                                                    other expiring P.M.-settled contracts                     time).10                                              2, 2015, BATS Exchange, Inc. (the
                                                    that underlie indexes that close when
                                                                                                                 In addition, the Commission finds                  ‘‘Exchange’’ or ‘‘BATS’’) filed with the
                                                    the U.S. equity markets close at 3:00
                                                                                                              good cause, pursuant to Section 19(b)(2)              Securities and Exchange Commission
                                                    p.m. (Chicago time).7
                                                                                                              of the Act,11 for approving the proposed              (‘‘Commission’’) the proposed rule
                                                       The Exchange proposes to change the
                                                                                                              rule change prior to the 45th day after               change as described in Items I and II
                                                    trading hours for expiring EAFE options
                                                                                                              publication of notice in the Federal                  below, which Items have been prepared
                                                    beginning with the December 2015
                                                                                                              Register. The proposed rule change to                 by the Exchange. The Exchange has
                                                    expiration, which occurs on December
                                                                                                              modify the trading hours of EAFE                      designated this proposal as a ‘‘non-
                                                    18, 2015. The Exchange is proposing to
                                                                                                              options was published for a 15-day                    controversial’’ proposed rule change
                                                    have this change apply to all EAFE
                                                                                                              comment period to ensure that the                     pursuant to Section 19(b)(3)(A) of the
                                                    options listed on or before the effective
                                                                                                              public had an opportunity to review the               Act 3 and Rule 19b–4(f)(6) thereunder,4
                                                    date of this filing and all EAFE options
                                                                                                              proposal and no comments were                         which renders it effective upon filing
                                                    listed afterward.
                                                                                                              received. The proposed rule change will               with the Commission. The Commission
                                                    III. Discussion and Findings                              increase the trading hours during which               is publishing this notice to solicit
                                                       After careful review, the Commission                   EAFE options may be traded, which the                 comments on the proposed rule change
                                                    finds that the proposed rule change is                    Commission believes should broaden                    from interested persons.
                                                    consistent with the requirements of the                   the trading and hedging opportunities                 I. Self-Regulatory Organization’s
                                                    Act and the rules and regulations                         for investors. Further, the Commission                Statement of the Terms of the Substance
                                                    thereunder applicable to a national                       notes that the Exchange represents that               of the Proposed Rule Change
                                                    securities exchange.8 In particular, the                  the change to the trading hours for
                                                                                                                                                                       The Exchange is proposing to amend
                                                    Commission finds that the proposed                        EAFE futures will be implemented with
                                                                                                                                                                    the Aggressive Re-Route instruction
                                                    rule change is consistent with Section                    the December 2015 expiration.
                                                                                                                                                                    under Exchange Rule 11.13(b)(4)(A) to
                                                    6(b)(5) of the Act,9 which requires,                      Accordingly, the Commission believes                  route such orders where that order has
                                                    among other things, that the rules of a                   that accelerated approval will maintain               been locked or crossed by other Trading
                                                    national securities exchange be                           consistency in the trading hours of                   Centers on the Exchange’s cash equities
                                                    designed to prevent fraudulent and                        EAFE options and EAFE futures                         trading platform (‘‘BATS Equities’’).
                                                    manipulative acts and practices, to                       contracts, which should enable cross-                 Consistent with its practice of offering
                                                    promote just and equitable principles of
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                              market competition and facilitate                     similar functionality for the Exchange’s
                                                                                                              hedging opportunities. For these                      equity options trading platform (‘‘BATS
                                                      5 See   Notice, supra note 3, at 73840.                 reasons, the Commission finds that good
                                                      6 Id.
                                                      7 Id.
                                                                                                              cause exists for approving the proposed                 12 15 U.S.C. 78s(b)(2).
                                                      8 In
                                                                                                              rule change on an accelerated basis.                    13 17 CFR 200.30–3(a)(12).
                                                           approving this proposal, the Commission has
                                                                                                                                                                      1 15 U.S.C. 78s(b)(1).
                                                    considered the proposed rule’s impact on
                                                                                                                                                                      2 17 CFR 240.19b–4.
                                                    efficiency, competition, and capital formation. See         10 See CBOE Rules 24.6.01, 24.6.03, 24.6.04 and

                                                    15 U.S.C. 78c(f).                                         24.9(e).                                                3 15 U.S.C. 78s(b)(3)(A).
                                                       9 15 U.S.C. 78f(b)(5).                                   11 15 U.S.C. 78s(b)(2).                               4 17 CFR 240.19b–4(f)(6).




                                               VerDate Sep<11>2014     16:53 Dec 16, 2015   Jkt 238001   PO 00000   Frm 00093   Fmt 4703   Sfmt 4703   E:\FR\FM\17DEN1.SGM    17DEN1


                                                                                 Federal Register / Vol. 80, No. 242 / Thursday, December 17, 2015 / Notices                                                 78801

                                                    Options’’) as it does for BATS Equities,                  description of how the Exchange treats                 if the order is locked or crossed).
                                                    the Exchange also proposes to amend                       any unfilled balance that returns to the               Further, a routable non-displayed limit
                                                    Rule 21.9(a)(3)(A) to make similar                        Exchange following the first attempt to                order posted to the BATS Book that is
                                                    changes with respect to BATS Options.                     fill the order through the routing                     crossed by another accessible Trading
                                                       The text of the proposed rule change                   process. If not filled through routing,                Center will be automatically routed to
                                                    is available at the Exchange’s Web site                   and based on the order instructions, the               the crossing Trading Center. The
                                                    at www.batstrading.com, at the                            unfilled balance of the order may be                   Exchange proposes to modify the
                                                    principal office of the Exchange, and at                  posted to the BATS Options Book.                       Aggressive Re-Route instruction to also
                                                    the Commission’s Public Reference                            Under previous Exchange rules,6 to                  provide that, where the order is locked
                                                    Room.                                                     the extent the unfilled balance of an                  by another accessible Trading Center, it
                                                                                                              order had been posted to the BATS                      would be automatically routed to the
                                                    II. Self-Regulatory Organization’s                        Book, should the order subsequently be                 locking Trading Center. The proposed
                                                    Statement of the Purpose of, and                          locked or crossed by another accessible                amendment would also apply to non-
                                                    Statutory Basis for, the Proposed Rule                    Trading Center, the System 7 would                     displayed orders with the Aggressive
                                                    Change                                                    route the order to the locking or crossing             Re-Route instruction.9
                                                      In its filing with the Commission, the                  Trading Center if instructed to do so by                  In order to maintain consistency
                                                    Exchange included statements                              the User (the ‘‘RECYCLE Option’’). The                 between the analogous Aggressive Re-
                                                    concerning the purpose of and basis for                   Exchange then filed a proposed rule                    Route instruction offered by BATS
                                                    the proposed rule change and discussed                    change with the Commission for                         Equities and BATS Options, the
                                                    any comments it received on the                           immediate effectiveness to modify the                  Exchange proposes to modify the rules
                                                    proposed rule change. The text of these                   RECYCLE Option and rename it as the                    of BATS Options to conform to the
                                                    statements may be examined at the                         Aggressive and Super-Aggressive Re-                    changes described above related to the
                                                    places specified in Item IV below. The                    Route instruction.8                                    Aggressive Re-Route instruction. The
                                                    Exchange has prepared summaries, set                         The Aggressive Re-Route instruction                 proposed Aggressive Re-Route
                                                    forth in Sections A, B, and C below, of                   subjects an order to the routing process               functionality for BATS Options is
                                                    the most significant parts of such                        after being posted to the BATS Book                    similar to the proposed functionality for
                                                    statements.                                               only if the order is subsequently crossed              BATS Equities, with the exception of
                                                                                                              by another Trading Center (rather than                 language related to non-displayed
                                                    A. Self-Regulatory Organization’s                                                                                orders. BATS Options does not have
                                                    Statement of the Purpose of, and                             6 See Securities Exchange Act Release Nos. 59967
                                                                                                                                                                     non-displayed orders, and thus, has
                                                    Statutory Basis for, the Proposed Rule                    (May 21, 2009), 74 FR 25793 (May 29, 2009) (SR–        omitted language regarding Re-Route
                                                    Change                                                    BATS–2009–015) (proposing to allow the
                                                                                                              designation of an order as eligible for re-routing
                                                                                                                                                                     functionality applicable to non-
                                                    1. Purpose                                                after being posted to the BATS Book if another         displayed orders. All other changes for
                                                                                                              Trading Center has locked or crossed the posted        BATS Equities, including the rationale
                                                       With respect to BATS Equities, the                     order); 62404 (June 30, 2010), 75 FR 39303 (July 8,    and example described above, are
                                                    Exchange currently allows Users to                        2010) (SR–BATS–2010–017) (naming the
                                                                                                                                                                     identical for BATS Options.
                                                    submit various types of limit orders to                   designation of an order as eligible for re-routing
                                                                                                              after being posted to the BATS Book if another         2. Statutory Basis
                                                    the Exchange that are processed                           Trading Center has locked or crossed the posted
                                                    pursuant to Exchange Rules 11.13(a)                       order as the RECYCLE routing option).                     The Exchange believes that the
                                                    and 11.13(b), as set forth below. Rule                       7 As defined in Rule 1.5(aa), the System is the
                                                                                                                                                                     proposed rule change is consistent with
                                                    11.13(a) describes the process by which                   electronic communications and trading facility         Section 6(b) of the Act 10 and furthers
                                                                                                              designated by the Board through which securities
                                                    an incoming order would execute                           orders of Users are consolidated for ranking,          the objectives of Section 6(b)(5) of the
                                                    against the BATS Book for BATS                            execution and, when applicable, routing away.          Act 11 because it is designed to promote
                                                    Equities. To the extent an order has not                     8 See Securities Exchange Act Release No. 73296     just and equitable principles of trade, to
                                                    been executed in its entirety against the                 (October 3, 2014), 79 FR 61121 (October 9, 2014)       remove impediments to and perfect the
                                                    BATS Book, Rule 11.13(b) then                             (SR–BATS–2014–044) (Notice of Filing and               mechanism of a free and open market
                                                                                                              Immediate Effectiveness of a Proposed Rule Change
                                                    describes the process of routing                          to Amend Rules 11.13 and Rule 21.9) (adopting the      and a national market system, to foster
                                                    marketable limit orders to one or more                    Aggressive Re-Route instruction). In SR–BATS–          cooperation and coordination with
                                                    Trading Centers, including a description                  2014–044, the RECYCLE Option was renamed               persons engaged in facilitating
                                                    of how the Exchange treats any unfilled                   Super Aggressive Re-Route instruction, under           transactions in securities, and, in
                                                                                                              which a routable order posted to the BATS Book
                                                    balance that returns to the Exchange                      routes to away Trading Centers to remove liquidity     general, to protect investors and the
                                                    following the first attempt to fill the                   from such Trading Centers any time such order is       public interest. Specifically, the
                                                    order through the routing process. If not                 locked or crossed. The Exchange subsequently           proposed changes are designed to
                                                    filled through routing, and based on the                  expanded the Super Aggressive Re-Route                 provide Users with additional control
                                                                                                              instruction to provide that when any order with a
                                                    order instructions, the unfilled balance                  Super Aggressive Re-Route instruction is locked by     over their orders in the context of a
                                                    of the order may be posted to the BATS                    an incoming BATS Post Only Order or Partial Post       national market system where
                                                    Book.                                                     Only at Limit Order that does not remove liquidity     quotations may lock or cross orders
                                                       Similarly, with respect to BATS                        pursuant to Rule 11.9(c)(6) or Rule 11.9(c)(7),        posted to the BATS Book and to
                                                                                                              respectively, the Re-Route order is converted to an
                                                    Options, Rule 21.8 describes the process                  executable order when displayed shares become          facilitate executions on the Exchange
                                                    by which an incoming order would                          available on the opposite side of the market and       consistent with User instructions. Thus,
                                                                                                                                                                     the proposals are directly targeted at
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    execute against the BATS Options                          will remove liquidity against such shares
                                                    Book.5 To the extent an order has not                     (‘‘liquidity swap functionality’’). See Securities     removing impediments to and
                                                                                                              Exchange Act Release No. 74738 (April 16, 2015),
                                                    been executed in its entirety against the                 80 FR 22600 (April 22, 2015) (SR–BATS–2015–09).
                                                    BATS Options Book, Rule 21.9(a)(1)                        Once amended, the only difference between the
                                                                                                                                                                       9 In April 2015, the Aggressive Re-Route

                                                    then describes the process of routing                     Aggressive and Super Aggressive Re-Route               instruction was expanded to apply to non-displayed
                                                                                                              instructions would be that the liquidity swap          orders. See Securities Exchange Act Release No.
                                                    marketable limit orders to one or more                                                                           74738 (April 16, 2015), 80 FR 22600 (April 22,
                                                                                                              functionality described above would be available to
                                                    other options exchanges, including a                      an order subject to the Super Aggressive Re-Route      2015) (SR–BATS–2015–09).
                                                                                                                                                                       10 15 U.S.C. 78f(b).
                                                                                                              instruction and not available to an order subject to
                                                      5 As   defined in Rule 16.1(a)(9).                      the Aggressive Re-Route instruction.                     11 15 U.S.C. 78f(b)(5).




                                               VerDate Sep<11>2014     16:53 Dec 16, 2015   Jkt 238001   PO 00000   Frm 00094   Fmt 4703   Sfmt 4703   E:\FR\FM\17DEN1.SGM   17DEN1


                                                    78802                     Federal Register / Vol. 80, No. 242 / Thursday, December 17, 2015 / Notices

                                                    perfecting the mechanism of a free and                  filing. However, Rule 19b–4(f)(6)(iii) 17                and Exchange Commission, 100 F Street
                                                    open market and national market                         permits the Commission to designate a                    NE., Washington, DC 20549–1090.
                                                    system. The proposed rule change also                   shorter time if such action is consistent                All submissions should refer to File
                                                    is designed to support the principles of                with the protection of investors and the                 Number SR–BATS–2015–112. This file
                                                    Section 11A(a)(1) 12 of the Act in that it              public interest. The Exchange has asked                  number should be included on the
                                                    seeks to assure fair competition among                  the Commission to waive the 30-day                       subject line if email is used. To help the
                                                    brokers and dealers and among                           operative delay so that the proposal may                 Commission process and review your
                                                    exchange markets. Lastly, the Exchange                  become operative immediately upon                        comments more efficiently, please use
                                                    notes that the proposed amendments to                   filing. The Exchange stated that waiver                  only one method. The Commission will
                                                    the Aggressive Re-Route instruction                     of the operative delay will allow the                    post all comments on the Commission’s
                                                    previously existed on the Exchange as                   Exchange to immediately provide Users                    Internet Web site (http://www.sec.gov/
                                                    the RECYCLE routing option.13                           with additional control over their orders                rules/sro.shtml). Copies of the
                                                                                                            in the context of a national market                      submission, all subsequent
                                                    B. Self-Regulatory Organization’s
                                                                                                            system where quotations may lock or                      amendments, all written statements
                                                    Statement on Burden on Competition
                                                                                                            cross orders posted to the BATS Book                     with respect to the proposed rule
                                                      The Exchange does not believe that                    and to facilitate executions on the                      change that are filed with the
                                                    the proposed rule change will result in                 Exchange consistent with User                            Commission, and all written
                                                    any burden on competition that is not                   instructions.18 The Commission                           communications relating to the
                                                    necessary or appropriate in furtherance                 believes the waiver of the operative                     proposed rule change between the
                                                    of the purposes of the Act. The                         delay is consistent with the protection                  Commission and any person, other than
                                                    Exchange believes that proposed                         of investors and the public interest.                    those that may be withheld from the
                                                    amendment to the Aggressive Re-Route                    Therefore, the Commission hereby                         public in accordance with the
                                                    functionality encourages competition by                 waives the operative delay and                           provisions of 5 U.S.C. 552, will be
                                                    increasing the likelihood of executions                 designates the proposal operative upon                   available for Web site viewing and
                                                    of orders that have been posted to the                  filing.19                                                printing in the Commission’s Public
                                                    Exchange. The increased likelihood of                      At any time within 60 days of the                     Reference Room, 100 F Street NE.,
                                                    an execution where the order is locked                  filing of the proposed rule change, the                  Washington, DC 20549 on official
                                                    by a quotation on a Trading Center                      Commission summarily may                                 business days between the hours of
                                                    should attract additional order flow to                 temporarily suspend such rule change if                  10:00 a.m. and 3:00 p.m. Copies of such
                                                    the Exchange.                                           it appears to the Commission that such                   filing also will be available for
                                                                                                            action is necessary or appropriate in the                inspection and copying at the principal
                                                    C. Self-Regulatory Organization’s                                                                                office of the Exchange. All comments
                                                    Statement on Comments on the                            public interest, for the protection of
                                                                                                            investors, or otherwise in furtherance of                received will be posted without change;
                                                    Proposed Rule Change Received From                                                                               the Commission does not edit personal
                                                    Members, Participants, or Others                        the purposes of the Act. If the
                                                                                                            Commission takes such action, the                        identifying information from
                                                      The Exchange has neither solicited                    Commission shall institute proceedings                   submissions. You should submit only
                                                    nor received written comments on the                    to determine whether the proposed rule                   information that you wish to make
                                                    proposed rule change.                                   change should be approved or                             available publicly. All submissions
                                                                                                            disapproved.                                             should refer to File Number SR–BATS–
                                                    III. Date of Effectiveness of the                                                                                2015–112, and should be submitted on
                                                    Proposed Rule Change and Timing for                     IV. Solicitation of Comments                             or before January 7, 2016.
                                                    Commission Action
                                                                                                              Interested persons are invited to                        For the Commission, by the Division of
                                                      Because the proposed rule change                      submit written data, views, and                          Trading and Markets, pursuant to delegated
                                                    does not (i) significantly affect the                   arguments concerning the foregoing,                      authority.20
                                                    protection of investors or the public                   including whether the proposed rule                      Robert W. Errett,
                                                    interest; (ii) impose any significant                   change is consistent with the Act.                       Deputy Secretary.
                                                    burden on competition; and (iii) become                 Comments may be submitted by any of                      [FR Doc. 2015–31683 Filed 12–16–15; 8:45 am]
                                                    operative for 30 days from the date on                  the following methods:                                   BILLING CODE 8011–01–P
                                                    which it was filed, or such shorter time
                                                    as the Commission may designate, it has                 Electronic Comments
                                                    become effective pursuant to Section                      • Use the Commission’s Internet                        SECURITIES AND EXCHANGE
                                                    19(b)(3)(A) of the Act 14 and Rule 19b–                 comment form (http://www.sec.gov/                        COMMISSION
                                                    4(f)(6) thereunder.15                                   rules/sro.shtml); or
                                                      A proposed rule change filed                            • Send an email to rule-comments@                      Submission for OMB Review;
                                                    pursuant to Rule 19b–4(f)(6) under the                  sec.gov. Please include File Number SR–                  Comment Request
                                                    Act 16 normally does not become                         BATS–2015–112 on the subject line.                       Upon Written Request Copies Available
                                                    operative for 30 days after the date of its             Paper Comments                                            From: Securities and Exchange
                                                                                                                                                                      Commission, Office of FOIA Services,
                                                      12 15  U.S.C. 78k–1(a)(1).                              • Send paper comments in triplicate
                                                                                                                                                                      100 F Street NE., Washington, DC
                                                      13 See  supra notes 6 and 8.                          to Brent J. Fields, Secretary, Securities
                                                                                                                                                                      20549–2736.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                      14 15 U.S.C. 78s(b)(3)(A).
                                                      15 17 CFR 240.19b–4(f)(6). As required under Rule       17 17  CFR 240.19b–4(f)(6)(iii).                       Extension:
                                                    19b–4(f)(6)(iii), the Exchange provided the               18 The  Exchange further stated that it will provide     Form T–4. OMB Control No. 3235–0107,
                                                    Commission with written notice of its intent to file    Members with reasonable advance notice of the                SEC File No. 270–124.
                                                    the proposed rule change, along with a brief            proposed rule change’s implementation date.                Notice is hereby given that, pursuant
                                                    description and the text of the proposed rule              19 For purposes only of waiving the 30-day
                                                    change, at least five business days prior to the date
                                                                                                                                                                     to the Paperwork Reduction Act of 1995
                                                                                                            operative delay, the Commission has also
                                                    of filing of the proposed rule change, or such          considered the proposed rule’s impact on                 (44 U.S.C. 3501 et seq.), the Securities
                                                    shorter time as designated by the Commission.           efficiency, competition, and capital formation. See
                                                      16 17 CFR 240.19b–4(f)(6).                            15 U.S.C. 78c(f).                                          20 17   CFR 200.30–3(a)(12).



                                               VerDate Sep<11>2014   16:53 Dec 16, 2015   Jkt 238001   PO 00000   Frm 00095   Fmt 4703   Sfmt 4703   E:\FR\FM\17DEN1.SGM        17DEN1



Document Created: 2018-03-02 09:18:06
Document Modified: 2018-03-02 09:18:06
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 78800 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR