80_FR_9804 80 FR 9768 - Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 8.15 Entitled “Imposition of Fines for Minor Violation(s) of Rules”

80 FR 9768 - Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 8.15 Entitled “Imposition of Fines for Minor Violation(s) of Rules”

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 36 (February 24, 2015)

Page Range9768-9770
FR Document2015-03669

Federal Register, Volume 80 Issue 36 (Tuesday, February 24, 2015)
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Notices]
[Pages 9768-9770]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03669]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74294; File No. SR-BYX-2015-10]


Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Rule 8.15 Entitled ``Imposition of Fines for Minor Violation(s) of 
Rules''

February 18, 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 February 5, 2015, BATS Y-Exchange, Inc. (the ``Exchange'' or 
``BYX'') 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 Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 8.15 entitled 
``Imposition of Fines for Minor Violation(s) of Rules.'' 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 8.15 in order to make it 
substantively identical to the corresponding rules on EDGX Exchange, 
Inc. (``EDGX'') and EDGA Exchange, Inc. (``EDGA''), as further 
described below. Earlier this year, the Exchange and its affiliate, 
BATS Exchange, Inc. (``BZX''), received approval to effect a merger 
(the ``Merger'') of the Exchange's parent company, BATS Global Markets, 
Inc., with Direct Edge Holdings LLC, the indirect parent of EDGX and 
EDGA (together with BZX, BYX and EDGX, the ``BGM Affiliated 
Exchanges'').\5\ In the context of the Merger, the BGM Affiliated 
Exchanges are working to align certain system and regulatory 
functionality, retaining only intended differences between the BGM 
Affiliated Exchanges. Thus, the proposal set forth below is intended to 
amend Rule 8.15 in order to make the rule substantively identical to 
corresponding rules on EDGA and EDGX related to minor violations of 
exchange rules in order to provide a consistent regulatory approach 
across each of the BGM Affiliated Exchanges.
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    \5\ See Securities Exchange Act Release No. 71375 (January 23, 
2014), 79 FR 4771 (January 29, 2014) (SR-BATS-2013-059; SR-BYX-2013-
039).
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    Currently, Rule 8.15(a) provides that, in lieu of commencing a 
disciplinary

[[Page 9769]]

proceeding as described in Rules 8.1 through 8.13, the Exchange may, 
subject to the requirements set forth in this Rule, impose a fine, not 
to exceed $2,500, on any Member, associated person of a Member, or 
registered or non-registered employee of a Member, for any violation of 
a Rule of the Exchange, which violation the Exchange shall have 
determined is minor in nature. The Exchange is proposing to add 
language in order to make Rule 8.15(a) and Interpretation and Policy 
.01 to Rule 8.15 identical to the corresponding EDGA and EDGX rules.\6\ 
Specifically, the Exchange is proposing that the Exchange may, if no 
exceptional circumstances are present, impose a fine based upon a 
determination that there exists a pattern or practice of violative 
conduct. As proposed, the Exchange also may aggregate similar 
violations generally if the conduct was unintentional, there was no 
injury to public investors, or the violations resulted from a single 
systemic problem or cause that has been corrected.
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    \6\ See EDGX Rule 8.15(a) and Interpretation and Policy .01 to 
Rule 8.15 and EDGA Rule 8.15(a) and Interpretation and Policy .01 to 
Rule 8.15.
---------------------------------------------------------------------------

    Currently, under Interpretation and Policy .01 to Rule 8.15, the 
Exchange fines individuals $100, $300, and $500 and Member firms $500, 
$1,000, and $2,500 for their first, second, and third time fined under 
Rule 8.15 within a rolling 12-month period, respectively, for the 
following violations of Exchange rules: (a) Rule 4.2 and Interpretation 
and Policy thereunder requiring the submission of responses to Exchange 
requests for trading data within a specified time period; (b) Rule 
11.19 requirement to identify short sale orders as such; and (c) Rule 
11.20 requirement to comply with locked and crossed market rules. The 
Exchange is proposing to add two additional instances to the fine 
structure described above. These additional instances include: (1) Rule 
3.5 Advertising Practices; and (2) Rule 12.11 Interpretation and Policy 
.01 and Exchange Act Rule 604--Failure to properly display limit 
orders.\7\
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    \7\ The Exchange notes that these proposed changes would make 
the Exchange's Rule 8.15 substantively identical to the 
corresponding EDGA and EDGX rules based on filings SR-EDGA-2015-11 
and SR-EDGX-2015-10. Such filings propose to remove paragraph (d) of 
Interpretation and Policy .01 to both EDGA and EDGX rules 8.15. The 
Exchange also notes that BZX intends to file a proposal very similar 
to this proposal that will align the rules related to fines for 
minor violation of exchange rules across each of the BGM Affiliated 
Exchanges.
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    The Exchange is also proposing to make several non-substantive 
changes to Interpretation and Policy .01 to Rule 8.15. First, the 
Exchange is proposing to change the numbering within the rule to 
reflect the additions described above. Second, the Exchange is 
proposing to change the phrase ``limit orders'' in paragraph (e) of 
Interpretation and Policy .01 to Rule 8.15 to ``quotations.'' The 
Exchange believes that this change is non-substantive because, in this 
instance, the terms limit orders and quotations are interchangeable. 
Paragraph (e) is referring to the obligation of a Market Maker under 
Rule 11.8 to maintain continuous liquidity of both buy and sell orders, 
which are referred to as quotes or quotations in Rule 11.8, at certain 
prices. Based on Exchange functionality, the only way to enter priced 
orders that could meet such quotation obligations would be through use 
of limit orders. As such, the Exchange believes that the proposed 
change is non-substantive, makes the rule more clear, and more 
accurately reflects the language used in Exchange Rule 11.8. Further, 
the change would make the rule text identical to that of EDGA and EDGX.
2. Statutory Basis
    The Exchange believes that the rule change proposed in this 
submission is consistent with the requirements of the Act and the rules 
and regulations thereunder that are applicable to a national securities 
exchange, and, in particular, with the requirements of Section 6(b) of 
the Act.\8\ Specifically, the proposed change is consistent with 
Section 6(b)(5) of the Act,\9\ 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, and, in general, to protect investors and the public interest. 
As mentioned above, the proposed rule changes, combined with the 
planned filing for BZX,\10\ would allow the BGM Affiliated Exchanges to 
provide a consistent set of rules as it relates to the imposition of 
fines for minor violations of rules across each of the exchanges. 
Consistent rules, in turn, will simplify the regulatory requirements 
for Members of the Exchange that are also participants on BZX, EDGA, 
and/or EDGX. The proposed rule change would provide greater 
harmonization between rules of similar purpose on the BGM Affiliated 
Exchanges, resulting in greater uniformity and less burdensome and more 
efficient regulatory compliance. As such, the proposed rule change 
would foster cooperation and coordination with persons engaged in 
facilitating transactions in securities and would remove impediments to 
and perfect the mechanism of a free and open market and a national 
market system.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ See supra note 7.
---------------------------------------------------------------------------

    Specifically, the changes to Rule 8.15(a) and the addition of new 
paragraphs (d) and (e) to Interpretation and Policy .01 of Rule 8.15 
will provide the Exchange with additional ways to handle related minor 
violations as well as providing the Exchange with the ability to handle 
other rule violations which it believes to be minor under Rule 8.15. 
The Exchange believes that, in addition to the benefits to Members 
described above, the proposal will enhance the Exchange's ability to 
efficiently regulate its Members, meaning that the proposed rule change 
is equitable and will promote fairness in the market place.
    Further, the Exchange believes that the proposal is consistent with 
Sections 6(b)(1) and 6(b)(6) of the Act \11\ which require that the 
rules of an exchange enforce compliance with, and provide appropriate 
discipline for, violations of the Commission and Exchange rules. The 
Exchange also believes that the proposal is consistent with the public 
interest, the protection of investors, or otherwise in furtherance of 
the purposes of the Act because the proposal helps to strengthen the 
Exchange's ability to carry out its oversight and enforcement 
responsibilities as a self-regulatory organization in cases where full 
disciplinary proceedings are unsuitable in view of the minor nature of 
a particular violation.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(1) and 78f(b)(6).
---------------------------------------------------------------------------

    Finally, the Exchange believes that the non-substantive changes 
discussed above will contribute to the protection of investors and the 
public interest by helping to avoid confusion with respect to Exchange 
rules.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the act. To the contrary, allowing the 
Exchange to implement substantively identical rules related to the 
imposition of fines for minor violations of rules across each of the 
BGM Affiliated Exchanges does not present any competitive issues, but 
rather is designed to provide greater harmonization among Exchange, 
BZX, EDGA, and EDGX rules of similar purpose, resulting in less 
burdensome and more efficient regulatory compliance for common members 
of the

[[Page 9770]]

BGM Affiliated Exchanges and an enhanced ability of the BGM Affiliated 
Exchanges to fairly and efficiently regulate members, which will 
further enhance competition.

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 foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and paragraph 
of Rule 19b-4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-BYX-2015-10 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 No. SR-BYX-2015-10. 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 will also 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-BYX-2015-10 and should be 
submitted on or before March 17, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-03669 Filed 2-23-15; 8:45 am]
BILLING CODE 8011-01-P



                                              9768                        Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices

                                              are based on services provided that are                 securities of one or more investment                  I. Self-Regulatory Organization’s
                                              in addition to, rather than duplicative                 companies for short-term cash                         Statement of the Terms of Substance of
                                              of, services provided under the advisory                management purposes or (ii) engage in                 the Proposed Rule Change
                                              contract(s) of any Underlying Fund in                   inter-fund borrowing and lending                         The Exchange filed a proposal to
                                              which the Fund of Funds may invest.                     transactions.                                         amend Rule 8.15 entitled ‘‘Imposition of
                                              Such finding, and the basis upon which                                                                        Fines for Minor Violation(s) of Rules.’’
                                              the finding was made, will be recorded                  B. Other Investments by Section
                                                                                                      12(d)(1)(G) Funds of Funds                            The text of the proposed rule change is
                                              fully in the minute books of the                                                                              available at the Exchange’s Web site at
                                              appropriate Fund of Funds.                                Applicants agree that the order                     www.batstrading.com, at the principal
                                                 10. The Adviser will waive fees                      granting the requested relief to permit               office of the Exchange, and at the
                                              otherwise payable to it by a Fund of                    Section 12(d)(1)(G) Funds of Funds to                 Commission’s Public Reference Room.
                                              Funds in an amount at least equal to any                invest in Other Investments shall be
                                              compensation (including fees received                   subject to the following condition:                   II. Self-Regulatory Organization’s
                                              pursuant to any plan adopted by an                                                                            Statement of the Purpose of, and
                                                                                                        1. Applicants will comply with all                  Statutory Basis for, the Proposed Rule
                                              Unaffiliated Investment Company
                                                                                                      provisions of rule 12d1–2 under the                   Change
                                              pursuant to rule 12b-1 under the 1940
                                                                                                      1940 Act, except for paragraph (a)(2) to
                                              Act) received from an Unaffiliated Fund                                                                          In its filing with the Commission, the
                                                                                                      the extent that it restricts any Section
                                              by the Adviser, or an affiliated person                                                                       Exchange included statements
                                                                                                      12(d)(1)(G) Fund of Funds from
                                              of the Adviser, other than any advisory                                                                       concerning the purpose of and basis for
                                                                                                      investing in Other Investments as
                                              fees paid to the Adviser or its affiliated                                                                    the proposed rule change and discussed
                                                                                                      described in the application.
                                              person by the Unaffiliated Investment                                                                         any comments it received on the
                                              Company, in connection with the                           For the Commission, by the Division of              proposed rule change. The text of these
                                              investment by the Fund of Funds in the                  Investment Management, pursuant to
                                                                                                      delegated authority.
                                                                                                                                                            statements may be examined at the
                                              Unaffiliated Fund. Any Sub-Adviser                                                                            places specified in Item IV below. The
                                              will waive fees otherwise payable to the                Brent J. Fields,
                                                                                                                                                            Exchange has prepared summaries, set
                                              Sub-Adviser, directly or indirectly, by                 Secretary.                                            forth in Sections A, B, and C below, of
                                              the Fund of Funds in an amount at least                 [FR Doc. 2015–03689 Filed 2–23–15; 8:45 am]           the most significant parts of such
                                              equal to any compensation received by                   BILLING CODE 8011–01–P                                statements.
                                              the Sub-Adviser, or an affiliated person
                                              of the Sub-Adviser, from an Unaffiliated                                                                      A. Self-Regulatory Organization’s
                                              Fund, other than any advisory fees paid                 SECURITIES AND EXCHANGE                               Statement of the Purpose of, and
                                              to the Sub-Adviser or its affiliated                    COMMISSION                                            Statutory Basis for, the Proposed Rule
                                              person by the Unaffiliated Investment                                                                         Change
                                              Company, in connection with the                         [Release No. 34–74294; File No. SR–BYX–               1. Purpose
                                              investment by the Fund of Funds in the                  2015–10]
                                              Unaffiliated Fund made at the direction                                                                          The Exchange proposes to amend
                                              of the Sub-Adviser. In the event that the               Self-Regulatory Organizations; BATS                   Rule 8.15 in order to make it
                                              Sub-Adviser waives fees, the benefit of                 Y–Exchange, Inc.; Notice of Filing and                substantively identical to the
                                              the waiver will be passed through to the                Immediate Effectiveness of a Proposed                 corresponding rules on EDGX Exchange,
                                              Fund of Funds.                                          Rule Change To Amend Rule 8.15                        Inc. (‘‘EDGX’’) and EDGA Exchange, Inc.
                                                 11. Any sales charges and/or service                 Entitled ‘‘Imposition of Fines for Minor              (‘‘EDGA’’), as further described below.
                                              fees charged with respect to shares of a                Violation(s) of Rules’’                               Earlier this year, the Exchange and its
                                              Fund of Funds will not exceed the                                                                             affiliate, BATS Exchange, Inc. (‘‘BZX’’),
                                              limits applicable to funds of funds set                 February 18, 2015.                                    received approval to effect a merger (the
                                              forth in NASD Conduct Rule 2830.                           Pursuant to Section 19(b)(1) of the                ‘‘Merger’’) of the Exchange’s parent
                                                 12. No Underlying Fund will acquire                  Securities Exchange Act of 1934 (the                  company, BATS Global Markets, Inc.,
                                              securities of any other investment                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2                with Direct Edge Holdings LLC, the
                                              company or company relying on section                   notice is hereby given that on February               indirect parent of EDGX and EDGA
                                              3(c)(1) or 3(c)(7) of the 1940 Act, in                  5, 2015, BATS Y–Exchange, Inc. (the                   (together with BZX, BYX and EDGX, the
                                              excess of the limits contained in section               ‘‘Exchange’’ or ‘‘BYX’’) filed with the               ‘‘BGM Affiliated Exchanges’’).5 In the
                                              12(d)(1)(A) of the 1940 Act, except to                  Securities and Exchange Commission                    context of the Merger, the BGM
                                              the extent that such Underlying Fund:                   (‘‘Commission’’) the proposed rule                    Affiliated Exchanges are working to
                                              (a) Acquires such securities in                         change as described in Items I and II                 align certain system and regulatory
                                              compliance with section 12(d)(1)(E) of                  below, which Items have been prepared                 functionality, retaining only intended
                                              the 1940 Act and either is an Affiliated                by the Exchange. The Exchange has                     differences between the BGM Affiliated
                                              Fund or is in the same ‘‘group of                                                                             Exchanges. Thus, the proposal set forth
                                                                                                      designated this proposal as a ‘‘non-
                                              investment companies’’ as its                                                                                 below is intended to amend Rule 8.15
                                                                                                      controversial’’ proposed rule change
                                              corresponding master fund; (b) receives                                                                       in order to make the rule substantively
                                                                                                      pursuant to Section 19(b)(3)(A) of the
                                              securities of another investment                                                                              identical to corresponding rules on
                                                                                                      Act 3 and Rule 19b–4(f)(6)(iii)
                                              company as a dividend or as a result of                                                                       EDGA and EDGX related to minor
                                                                                                      thereunder,4 which renders it effective
                                              a plan of reorganization of a company                                                                         violations of exchange rules in order to
                                                                                                      upon filing with the Commission. The
                                              (other than a plan devised for the                                                                            provide a consistent regulatory
                                                                                                      Commission is publishing this notice to
                                                                                                                                                            approach across each of the BGM
tkelley on DSK3SPTVN1PROD with NOTICES




                                              purpose of evading section 12(d)(1) of                  solicit comments on the proposed rule
                                              the 1940 Act); or (c) acquires (or is                                                                         Affiliated Exchanges.
                                                                                                      change from interested persons.                          Currently, Rule 8.15(a) provides that,
                                              deemed to have acquired) securities of
                                              another investment company pursuant                                                                           in lieu of commencing a disciplinary
                                                                                                        1 15 U.S.C. 78s(b)(1).
                                              to exemptive relief from the                              2 17 CFR 240.19b–4.                                    5 See Securities Exchange Act Release No. 71375
                                              Commission permitting such                                3 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                            (January 23, 2014), 79 FR 4771 (January 29, 2014)
                                              Underlying Fund to: (i) Acquire                           4 17 CFR 240.19b–4(f)(6)(iii).                      (SR–BATS–2013–059; SR–BYX–2013–039).



                                         VerDate Sep<11>2014   17:31 Feb 23, 2015   Jkt 235001   PO 00000   Frm 00081   Fmt 4703   Sfmt 4703   E:\FR\FM\24FEN1.SGM   24FEN1


                                                                          Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices                                                     9769

                                              proceeding as described in Rules 8.1                    reflect the additions described above.                facilitating transactions in securities and
                                              through 8.13, the Exchange may, subject                 Second, the Exchange is proposing to                  would remove impediments to and
                                              to the requirements set forth in this                   change the phrase ‘‘limit orders’’ in                 perfect the mechanism of a free and
                                              Rule, impose a fine, not to exceed                      paragraph (e) of Interpretation and                   open market and a national market
                                              $2,500, on any Member, associated                       Policy .01 to Rule 8.15 to ‘‘quotations.’’            system.
                                              person of a Member, or registered or                    The Exchange believes that this change                   Specifically, the changes to Rule
                                              non-registered employee of a Member,                    is non-substantive because, in this                   8.15(a) and the addition of new
                                              for any violation of a Rule of the                      instance, the terms limit orders and                  paragraphs (d) and (e) to Interpretation
                                              Exchange, which violation the Exchange                  quotations are interchangeable.                       and Policy .01 of Rule 8.15 will provide
                                              shall have determined is minor in                       Paragraph (e) is referring to the                     the Exchange with additional ways to
                                              nature. The Exchange is proposing to                    obligation of a Market Maker under Rule               handle related minor violations as well
                                              add language in order to make Rule                      11.8 to maintain continuous liquidity of              as providing the Exchange with the
                                              8.15(a) and Interpretation and Policy .01               both buy and sell orders, which are                   ability to handle other rule violations
                                              to Rule 8.15 identical to the                           referred to as quotes or quotations in                which it believes to be minor under
                                              corresponding EDGA and EDGX rules.6                     Rule 11.8, at certain prices. Based on                Rule 8.15. The Exchange believes that,
                                              Specifically, the Exchange is proposing                 Exchange functionality, the only way to               in addition to the benefits to Members
                                              that the Exchange may, if no exceptional                enter priced orders that could meet such              described above, the proposal will
                                              circumstances are present, impose a fine                quotation obligations would be through                enhance the Exchange’s ability to
                                              based upon a determination that there                   use of limit orders. As such, the                     efficiently regulate its Members,
                                              exists a pattern or practice of violative               Exchange believes that the proposed                   meaning that the proposed rule change
                                              conduct. As proposed, the Exchange                      change is non-substantive, makes the                  is equitable and will promote fairness in
                                              also may aggregate similar violations                   rule more clear, and more accurately                  the market place.
                                              generally if the conduct was                            reflects the language used in Exchange                   Further, the Exchange believes that
                                              unintentional, there was no injury to                   Rule 11.8. Further, the change would                  the proposal is consistent with Sections
                                              public investors, or the violations                     make the rule text identical to that of               6(b)(1) and 6(b)(6) of the Act 11 which
                                              resulted from a single systemic problem                 EDGA and EDGX.                                        require that the rules of an exchange
                                              or cause that has been corrected.                                                                             enforce compliance with, and provide
                                                                                                      2. Statutory Basis                                    appropriate discipline for, violations of
                                                 Currently, under Interpretation and
                                              Policy .01 to Rule 8.15, the Exchange                      The Exchange believes that the rule                the Commission and Exchange rules.
                                              fines individuals $100, $300, and $500                  change proposed in this submission is                 The Exchange also believes that the
                                              and Member firms $500, $1,000, and                      consistent with the requirements of the               proposal is consistent with the public
                                              $2,500 for their first, second, and third               Act and the rules and regulations                     interest, the protection of investors, or
                                              time fined under Rule 8.15 within a                     thereunder that are applicable to a                   otherwise in furtherance of the purposes
                                              rolling 12-month period, respectively,                  national securities exchange, and, in                 of the Act because the proposal helps to
                                              for the following violations of Exchange                particular, with the requirements of                  strengthen the Exchange’s ability to
                                              rules: (a) Rule 4.2 and Interpretation and              Section 6(b) of the Act.8 Specifically,               carry out its oversight and enforcement
                                              Policy thereunder requiring the                         the proposed change is consistent with                responsibilities as a self-regulatory
                                              submission of responses to Exchange                     Section 6(b)(5) of the Act,9 because it is            organization in cases where full
                                              requests for trading data within a                      designed to promote just and equitable                disciplinary proceedings are unsuitable
                                              specified time period; (b) Rule 11.19                   principles of trade, to remove                        in view of the minor nature of a
                                              requirement to identify short sale orders               impediments to, and perfect the                       particular violation.
                                              as such; and (c) Rule 11.20 requirement                 mechanism of, a free and open market                     Finally, the Exchange believes that
                                              to comply with locked and crossed                       and a national market system, and, in                 the non-substantive changes discussed
                                              market rules. The Exchange is proposing                 general, to protect investors and the                 above will contribute to the protection
                                              to add two additional instances to the                  public interest. As mentioned above, the              of investors and the public interest by
                                              fine structure described above. These                   proposed rule changes, combined with                  helping to avoid confusion with respect
                                              additional instances include: (1) Rule                  the planned filing for BZX,10 would                   to Exchange rules.
                                              3.5 Advertising Practices; and (2) Rule                 allow the BGM Affiliated Exchanges to
                                                                                                                                                            B. Self-Regulatory Organization’s
                                              12.11 Interpretation and Policy .01 and                 provide a consistent set of rules as it
                                                                                                                                                            Statement on Burden on Competition
                                              Exchange Act Rule 604—Failure to                        relates to the imposition of fines for
                                                                                                      minor violations of rules across each of                The Exchange does not believe that
                                              properly display limit orders.7                                                                               the proposed rule change will impose
                                                 The Exchange is also proposing to                    the exchanges. Consistent rules, in turn,
                                                                                                      will simplify the regulatory                          any burden on competition not
                                              make several non-substantive changes to
                                                                                                      requirements for Members of the                       necessary or appropriate in furtherance
                                              Interpretation and Policy .01 to Rule
                                                                                                      Exchange that are also participants on                of the purposes of the act. To the
                                              8.15. First, the Exchange is proposing to
                                                                                                      BZX, EDGA, and/or EDGX. The                           contrary, allowing the Exchange to
                                              change the numbering within the rule to
                                                                                                      proposed rule change would provide                    implement substantively identical rules
                                                6 See EDGX Rule 8.15(a) and Interpretation and        greater harmonization between rules of                related to the imposition of fines for
                                              Policy .01 to Rule 8.15 and EDGA Rule 8.15(a) and       similar purpose on the BGM Affiliated                 minor violations of rules across each of
                                              Interpretation and Policy .01 to Rule 8.15.             Exchanges, resulting in greater                       the BGM Affiliated Exchanges does not
                                                7 The Exchange notes that these proposed changes
                                                                                                      uniformity and less burdensome and                    present any competitive issues, but
                                              would make the Exchange’s Rule 8.15 substantively                                                             rather is designed to provide greater
                                              identical to the corresponding EDGA and EDGX            more efficient regulatory compliance.
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                                              rules based on filings SR–EDGA–2015–11 and SR–          As such, the proposed rule change                     harmonization among Exchange, BZX,
                                              EDGX–2015–10. Such filings propose to remove            would foster cooperation and                          EDGA, and EDGX rules of similar
                                              paragraph (d) of Interpretation and Policy .01 to       coordination with persons engaged in                  purpose, resulting in less burdensome
                                              both EDGA and EDGX rules 8.15. The Exchange                                                                   and more efficient regulatory
                                              also notes that BZX intends to file a proposal very
                                              similar to this proposal that will align the rules
                                                                                                        8 15 U.S.C. 78f(b).                                 compliance for common members of the
                                                                                                        9 15 U.S.C. 78f(b)(5).
                                              related to fines for minor violation of exchange
                                              rules across each of the BGM Affiliated Exchanges.        10 See supra note 7.                                  11 15   U.S.C. 78f(b)(1) and 78f(b)(6).



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                                              9770                             Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices

                                              BGM Affiliated Exchanges and an                            only one method. The Commission will                   19b–4 thereunder,2 a proposed rule
                                              enhanced ability of the BGM Affiliated                     post all comments on the Commission’s                  change to amend Exchange Rule 13—
                                              Exchanges to fairly and efficiently                        Internet Web site (http://www.sec.gov/                 Equities and other related Exchange
                                              regulate members, which will further                       rules/sro.shtml). Copies of the                        rules governing order types and order
                                              enhance competition.                                       submission, all subsequent                             modifiers. The proposed rule change
                                                                                                         amendments, all written statements                     was published in the Federal Register
                                              C. Self-Regulatory Organization’s                          with respect to the proposed rule                      on November 20, 2014.3 On November
                                              Statement on Comments on the                               change that are filed with the                         14, 2014, the Exchange submitted
                                              Proposed Rule Change Received From                         Commission, and all written                            Partial Amendment No. 1 to the
                                              Members, Participants or Others                            communications relating to the                         Commission.4 On December 22, 2014,
                                                The Exchange has neither solicited                       proposed rule change between the                       the Exchange submitted Partial
                                              nor received written comments on the                       Commission and any person, other than                  Amendment No. 2 to the Commission.
                                              proposed rule change.                                      those that may be withheld from the                    On December 22, 2014, pursuant to
                                                                                                         public in accordance with the                          section 19(b)(2) of the Act,5 the
                                              III. Date of Effectiveness of the
                                                                                                         provisions of 5 U.S.C. 552, will be                    Commission designated a longer period
                                              Proposed Rule Change and Timing for
                                                                                                         available for Web site viewing and                     within which to approve the proposed
                                              Commission Action
                                                                                                         printing in the Commission’s Public                    rule change, disapprove the proposed
                                                 Because the foregoing proposed rule                     Reference Room, 100 F Street NE.,                      rule change, or institute proceedings to
                                              change does not: (i) Significantly affect                  Washington, DC 20549, on official                      determine whether to disapprove the
                                              the protection of investors or the public                  business days between the hours of                     proposed rule change.6 The Commission
                                              interest; (ii) impose any significant                      10:00 a.m. and 3:00 p.m. Copies of such                has received no other comment on the
                                              burden on competition; and (iii) become                    filing will also be available for                      proposal. This order institutes
                                              operative for 30 days from the date on                     inspection and copying at the principal                proceedings under section 19(b)(2)(B) of
                                              which it was filed, or such shorter time                   office of the Exchange. All comments                   the Act 7 to determine whether to
                                              as the Commission may designate, it has                    received will be posted without change;                approve or disapprove the proposal.
                                              become effective pursuant to Section                       the Commission does not edit personal
                                              19(b)(3)(A) of the Act 12 and paragraph                    identifying information from                           II. Description of the Proposal
                                              of Rule 19b–4(f)(6) thereunder.13                          submissions. You should submit only                       The Exchange proposes to amend
                                                 At any time within 60 days of the                       information that you wish to make                      Exchange Rule 13—Equities by re-
                                              filing of the proposed rule change, the                    available publicly. All submissions                    grouping and re-numbering existing
                                              Commission summarily may                                   should refer to File No. SR–BYX–2015–                  order types and order modifiers. The
                                              temporarily suspend such rule change if                    10 and should be submitted on or before                Exchange also proposes to make
                                              it appears to the Commission that such                     March 17, 2015.                                        changes to certain order types and order
                                              action is necessary or appropriate in the                    For the Commission, by the Division of               modifiers. In addition, the Exchange
                                              public interest, for the protection of                     Trading and Markets, pursuant to delegated             proposes to amend certain rules to
                                              investors, or otherwise in furtherance of                  authority.14                                           remove references to functionality that
                                              the purposes of the Act.                                   Brent J. Fields,                                       is no longer operative. Under the
                                              IV. Solicitation of Comments                               Secretary.                                             proposal, Rule 13—Equities would be
                                                                                                         [FR Doc. 2015–03669 Filed 2–23–15; 8:45 am]            reorganized into six categories: (a)
                                                Interested persons are invited to                                                                               Primary order types; (b) time in force
                                                                                                         BILLING CODE 8011–01–P
                                              submit written data, views and                                                                                    modifiers; (c) auction-only orders; (d)
                                              arguments concerning the foregoing,                                                                               orders with instructions not to display
                                              including whether the proposal is                          SECURITIES AND EXCHANGE                                all or a portion of the order; (e) orders
                                              consistent with the Act. Comments may                      COMMISSION                                             with instructions not to route; and (f)
                                              be submitted by any of the following                                                                              additional orders and modifiers.
                                              methods:                                                   [Release No. 34–74298; File No. SR–
                                                                                                         NYSEMKT–2014–95]                                       A. Primary Order Types
                                              Electronic Comments
                                                                                                         Self-Regulatory Organizations; NYSE                       Proposed section (a) of Rule 13—
                                                • Use the Commission’s Internet                                                                                 Equities would set forth two primary
                                              comment form (http://www.sec.gov/                          MKT LLC; Order Instituting
                                                                                                         Proceedings to Determine Whether to                    order types—Market Orders and Limit
                                              rules/sro.shtml); or                                                                                              Orders—and specify which orders are
                                                • Send an email to rule-comments@                        Approve or Disapprove a Proposed
                                                                                                         Rule Change, as Modified by Partial                    eligible for automatic executions. The
                                              sec.gov. Please include File No. SR–
                                                                                                         Amendment No. 1 and Partial                            Exchange proposes to delete the current
                                              BYX–2015–10 on the subject line.
                                                                                                         Amendment No. 2, Amending Rule                         definition of ‘‘Auto Ex Order’’ and
                                              Paper Comments                                             13—Equities and Related Rules
                                                                                                                                                                  2 17  CFR 240.19b–4.
                                                 • Send paper comments in triplicate                     Governing Order Types and Modifiers                      3 See  Securities Exchange Act Release No. 73593
                                              to Brent J. Fields, Secretary, Securities                  February 18, 2015.                                     (Nov. 14, 2014), 79 FR 69153 (‘‘Notice’’).
                                              and Exchange Commission, 100 F Street                                                                                4 The Exchange also submitted a copy of the

                                              NE., Washington, DC 20549–1090.                            I. Introduction                                        amendment to the public comment file. See Letter
                                                                                                                                                                from Sudhir Bhattacharyya, Vice President, New
                                              All submissions should refer to File No.                      On October 31, 2014, NYSE MKT LLC                   York Stock Exchange, to Kevin M. O’Neill, Deputy
                                              SR–BYX–2015–10. This file number                           (‘‘NYSE MKT’’ or ‘‘Exchange’’) filed                   Secretary, Commission (Nov. 14, 2014).
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                                              should be included on the subject line                     with the Securities and Exchange                          5 15 U.S.C. 78s(b)(2).

                                              if email is used. To help the                              Commission (‘‘Commission’’), pursuant                     6 See Securities Exchange Act Release No. 73913,

                                              Commission process and review your                         to section 19(b)(1) of the Securities                  79 FR 78531 (Dec. 30, 2014). The Commission
                                                                                                                                                                designated February 18, 2015, as the date by which
                                              comments more efficiently, please use                      Exchange Act of 1934 (‘‘Act’’) 1 and Rule              it should approve, disapprove, or institute
                                                                                                                                                                proceedings to determine whether to disapprove the
                                                12 15   U.S.C. 78s(b)(3)(A).                               14 17   CFR 200.30–3(a)(12).                         proposed rule change.
                                                13 17   CFR 240.19b–4.                                     1 15   U.S.C. 78s(b)(1).                                7 15 U.S.C. 78s(b)(2)(B).




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Document Created: 2015-12-18 13:23:28
Document Modified: 2015-12-18 13:23:28
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 9768 

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