80 FR 9801 - Self-Regulatory Organizations; EDGA 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)
Federal Register Volume 80, Issue 36 (February 24, 2015)
| Page Range | 9801-9803 | |
| FR Document | 2015-03668 |
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)] [Notices] [Pages 9801-9803] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03668] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74295; File No. SR-EDGA-2015-11] Self-Regulatory Organizations; EDGA 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, EDGA Exchange, Inc. (the ``Exchange'' or ``EDGA'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Exchange has designated this proposal as a ``non-controversial'' proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b- 4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with the Commission. The Commission is publishing this notice to 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)(iii). --------------------------------------------------------------------------- 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. [[Page 9802]] 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 BATS Exchange, Inc. (``BATS'') and BATS Y-Exchange, Inc. (``BYX''), as further described below. Last year, the Exchange and its affiliate EDGX Exchange, Inc. (``EDGX'') received approval to effect a merger (the ``Merger'') of the Exchange's parent company, Direct Edge Holdings LLC, with BATS Global Markets, Inc., the parent of BATS and BYX (together with BATS, BYX, EDGX and EDGA, the ``BGM Affiliated Exchanges'').\5\ In the context of the Merger, the BGM Affiliated Exchanges are working to align certain rules, 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 it substantively identical to corresponding rules on BATS, BYX, and EDGX.\6\ --------------------------------------------------------------------------- \5\ See Securities Exchange Act Release No. 71449 (January 30, 2014), 79 FR 6961 (February 5, 2014) (SR-EDGX-2013-43; SR-EDGA-2013- 34). \6\ The Exchange understands that BATS, BYX, and EDGX intend to file proposed rule changes with the Commission to adopt substantively identical rules. --------------------------------------------------------------------------- Currently, paragraph (d) of Interpretation and Policy to Rule 8.15 includes Rule 2.5 Interpretation .04: Firm Element of Continuing Education Requirement (the ``CE Rule'') under the list of Exchange rule violations and recommended fine schedule pursuant to Rule 8.15 related to the imposition of fines for minor violations of rules (the ``MRVP''). The Exchange, however, has no specific reference to the firm element of the continuing education requirements under the CE Rule. Further, BATS and BYX are proposing to adopt rules that are substantively identical to the Exchange's MRVP, except that BATS and BYX are not proposing to add a provision covering the CE Rule.\7\ As such, the Exchange is proposing to eliminate paragraph (d) of Interpretation and Policy .01 to Rule 8.15. --------------------------------------------------------------------------- \7\ The Exchange notes that BATS and BYX do not currently and are not going to propose to include a provision to cover the CE Rule currently included in the Exchange's MRVP. --------------------------------------------------------------------------- The Exchange is also proposing to amend Rule 8.15(a). Currently, Rule 8.15(a) provides that, for the purposes of imposing fines pursuant to Interpretation .02 of Rule 4.2, the Exchange may aggregate individual violations of particular rules and treat such violations as a single offense, provided that such aggregation is based upon a comprehensive automated surveillance program. The Exchange has never aggregated violations under this provision and does not anticipate doing so in the future due to the content of Interpretation .02 of Rule 4.2, which could not, because of its nature, be based on a comprehensive automated surveillance program. Interpretation and Policy .02 of Rule 4.2 is related to the requirement to furnish Exchange- related order, market and transaction data. As the Exchange does not currently require Members to provide such information and because compliance with a requirement to provide data would not likely be reviewed based on an automated surveillance (though surveillance would likely be performed on such data), the Exchange believes the reference to this provision in Rule 8.15 is no longer necessary. Based on the foregoing, and in order to conform rules across each of the BGM Affiliated Exchanges, the Exchange is proposing to remove this provision from Rule 8.15(a). Finally, the Exchange is proposing to make several non-substantive changes to Rule 8.15. Specifically, in coordination with the elimination of paragraph (d) of Interpretation and Policy .01 to Rule 8.15, the Exchange is proposing to make several corresponding and non- substantive changes to the numbering of the rule. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act \8\ and furthers the objectives of Section 6(b)(5) of the Act,\9\ in that it is designed promote just and equitable principles of trade, remove impediments to, and perfect the mechanism of, a free and open market and a national market system, and, in general, protect investors and the public interest. Specifically, the Exchange believes that the proposed changes to Rule 8.15(a) and the deletion of paragraph (d) of Interpretation and Policy .01 to Rule 8.15 contribute to the protection of investors and the public interest by removing unnecessary language from Exchange Rules and correcting certain cross-references therein. The Exchange believes that these changes will help to make Exchange Rules clearer and avoid confusion for all participants on the Exchange. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78f(b). \9\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- Further, as mentioned above, the proposed rule changes, combined with the planned filings for BATS, BYX, and EDGX,\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 application of the Exchange's regulatory program for Members of the Exchange that are also participants on BATS, BYX, 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. --------------------------------------------------------------------------- \10\ See supra notes 6 and 7. --------------------------------------------------------------------------- Finally, the Exchange believes that the non-substantive changes described above will contribute to the protection of investors and the public interest by helping to avoid confusion with respect to Exchange rules by creating a consistent numbering system in its 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, BATS, BYX, and EDGX rules of similar purpose, resulting in less burdensome and more efficient regulatory compliance for common members of the 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. [[Page 9803]] 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 \11\ and paragraph of Rule 19b-4(f)(6) thereunder.\12\ --------------------------------------------------------------------------- \11\ 15 U.S.C. 78s(b)(3)(A). \12\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Exchange stated that waiver of this requirement is consistent with the protection of investors and the public interest because it will allow the Exchange to have consistent rules related to minor violations across each of the BGM Affiliated Exchanges, which it believes will both more consistently and effectively regulate members of the BGM Affiliated Exchanges as well as reduce the regulatory burden on Members of the Exchange that are also members of EDGX, BYX and/or BZX. The Commission believes that the proposed rule change presents no novel issues and that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest. Therefore, the Commission designates the proposed rule change to be operative upon filing.\13\ --------------------------------------------------------------------------- \13\ 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. 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 CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File No. SR-EDGA-2015-11 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-EDGA-2015-11. 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-EDGA-2015-11 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\ --------------------------------------------------------------------------- \14\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Brent J. Fields, Secretary. [FR Doc. 2015-03668 Filed 2-23-15; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices 9801
of last sale information similar to the Comments may be submitted by any of SECURITIES AND EXCHANGE
BATS One Feed.57 The existence of the following methods: COMMISSION
these competing data products
demonstrates that there is ample, Electronic Comments
[Release No. 34–74295; File No. SR–EDGA–
existing competition for products such • Use the Commission’s Internet 2015–11]
as the BATS One Feed and the fees comment form (http://www.sec.gov/
associated by such products is rules/sro.shtml); or Self-Regulatory Organizations; EDGA
constrained by competition. Exchange, Inc.; Notice of Filing and
In establishing the proposed fees, the • Send an email to rule-comments@ Immediate Effectiveness of a Proposed
Exchange considered the sec.gov. Please include File Number SR– Rule Change To Amend Rule 8.15
competitiveness of the market for BYX–2015–09 on the subject line. Entitled ‘‘Imposition of Fines for Minor
proprietary data and all of the Violation(s) of Rules’’
Paper Comments
implications of that competition. The
February 18, 2015.
Exchange believes that it has considered • Send paper comments in triplicate
all relevant factors and has not to Secretary, Securities and Exchange Pursuant to Section 19(b)(1) of the
considered irrelevant factors in order to Commission, 100 F Street NE., Securities Exchange Act of 1934 (the
establish fair, reasonable, and not Washington, DC 20549–1090. ‘‘Act’’),1 and Rule 19b–4 thereunder,2
unreasonably discriminatory fees and an notice is hereby given that on February
equitable allocation of fees among all All submissions should refer to File 5, 2015, EDGA Exchange, Inc. (the
users. The existence of alternatives to Number SR–BYX–2015–09. This file ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
the BATS One Feed, including the number should be included on the Securities and Exchange Commission
existing underlying feeds, consolidated subject line if email is used. To help the (‘‘Commission’’) the proposed rule
data, and proprietary data from other Commission process and review your change as described in Items I and II
sources, ensures that the Exchange comments more efficiently, please use below, which Items have been prepared
cannot set unreasonable fees, or fees only one method. The Commission will by the Exchange. The Exchange has
that are unreasonably discriminatory, post all comments on the Commission’s designated this proposal as a ‘‘non-
when vendors and subscribers can elect Internet Web site (http://www.sec.gov/ controversial’’ proposed rule change
these alternatives or choose not to rules/sro.shtml). Copies of the pursuant to Section 19(b)(3)(A) of the
purchase a specific proprietary data submission, all subsequent Act 3 and Rule 19b–4(f)(6)(iii)
product if its cost to purchase is not amendments, all written statements thereunder,4 which renders it effective
justified by the returns any particular with respect to the proposed rule upon filing with the Commission. The
vendor or subscriber would achieve change that are filed with the Commission is publishing this notice to
through the purchase. Commission, and all written solicit comments on the proposed rule
C. Self-Regulatory Organization’s communications relating to the change from interested persons.
Statement on Comments on the proposed rule change between the I. Self-Regulatory Organization’s
Proposed Rule Change Received From Commission and any person, other than Statement of the Terms of Substance of
Members, Participants or Others those that may be withheld from the the Proposed Rule Change
The Exchange has neither solicited public in accordance with the
provisions of 5 U.S.C. 552, will be The Exchange filed a proposal to
nor received written comments on the
available for Web site viewing and amend Rule 8.15 entitled ‘‘Imposition of
proposed rule change.
printing in the Commission’s Public Fines for Minor Violation(s) of Rules.’’
III. Date of Effectiveness of the The text of the proposed rule change is
Reference Room, 100 F Street NE.,
Proposed Rule Change and Timing for available at the Exchange’s Web site at
Washington, DC 20549, on official
Commission Action www.batstrading.com, at the principal
business days between the hours of
The foregoing rule change has become office of the Exchange, and at the
10:00 a.m. and 3:00 p.m. Copies of the Commission’s Public Reference Room.
effective pursuant to Section filing also will be available for
19(b)(3)(A)(ii) of the Act 58 and inspection and copying at the principal II. Self-Regulatory Organization’s
paragraph (f)(2) of Rule 19b–4 office of BYX. All comments received Statement of the Purpose of, and
thereunder.59 At any time within 60 will be posted without change; the Statutory Basis for, the Proposed Rule
days of the filing of the proposed rule Commission does not edit personal Change
change, the Commission summarily may identifying information from
temporarily suspend such rule change if In its filing with the Commission, the
submissions. You should submit only Exchange included statements
it appears to the Commission that such information that you wish to make
action is necessary or appropriate in the concerning the purpose of and basis for
available publicly. All submissions the proposed rule change and discussed
public interest, for the protection of
should refer to File Number SR–BYX– any comments it received on the
investors, or otherwise in furtherance of
2015–09 and should be submitted on or proposed rule change. The text of these
the purposes of the Act.
before March 17, 2015. statements may be examined at the
IV. Solicitation of Comments For the Commission, by the Division of places specified in Item IV below. The
Interested persons are invited to Trading and Markets, pursuant to delegated Exchange has prepared summaries, set
submit written data, views, and authority.60 forth in Sections A, B, and C below, of
tkelley on DSK3SPTVN1PROD with NOTICES
arguments concerning the foregoing, Brent J. Fields, the most significant parts of such
including whether the proposed rule Secretary.
statements.
change is consistent with the Act.
[FR Doc. 2015–03655 Filed 2–23–15; 8:45 am]
1 15 U.S.C. 78s(b)(1).
57 Id. BILLING CODE 8011–01–P 2 17 CFR 240.19b–4.
58 15 U.S.C. 78s(b)(3)(A)(ii). 3 15 U.S.C. 78s(b)(3)(A).
59 17 CFR 240.19b–4(f)(2). 60 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6)(iii).
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![Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices 9803
III. Date of Effectiveness of the • Send an email to rule-comments@ SECURITIES AND EXCHANGE
Proposed Rule Change and Timing for sec.gov. Please include File No. SR– COMMISSION
Commission Action EDGA–2015–11 on the subject line. [Release No. 34–74313; File No. SR–C2–
Because the foregoing proposed rule Paper Comments 2015–003]
change does not: (i) Significantly affect
the protection of investors or the public • Send paper comments in triplicate Self-Regulatory Organizations; C2
interest; (ii) impose any significant to Brent J. Fields, Secretary, Securities Options Exchange, Incorporated;
burden on competition; and (iii) become and Exchange Commission, 100 F Street Notice of Filing and Immediate
operative for 30 days from the date on NE., Washington, DC 20549–1090. Effectiveness of a Proposed Rule
which it was filed, or such shorter time Change Relating to Exchange Rule
as the Commission may designate, it has All submissions should refer to File No. 6.15
become effective pursuant to Section SR–EDGA–2015–11. This file number
should be included on the subject line February 19, 2015.
19(b)(3)(A) of the Act 11 and paragraph
if email is used. To help the Pursuant to Section 19(b)(1) of the
of Rule 19b–4(f)(6) thereunder.12
The Exchange has asked the Securities Exchange Act of 1934 (the
Commission process and review your
Commission to waive the 30-day ‘‘Act’’),1 and Rule 19b–4 thereunder,2
comments more efficiently, please use
operative delay so that the proposal may notice is hereby given that, on February
only one method. The Commission will 19, 2015, C2 Options Exchange,
become operative immediately upon post all comments on the Commission’s
filing. The Exchange stated that waiver Incorporated (the ‘‘Exchange’’ or ‘‘C2’’)
Internet Web site (http://www.sec.gov/ filed with the Securities and Exchange
of this requirement is consistent with rules/sro.shtml). Copies of the
the protection of investors and the Commission (the ‘‘Commission’’) the
submission, all subsequent proposed rule change as described in
public interest because it will allow the amendments, all written statements
Exchange to have consistent rules Items I and II below, which Items have
with respect to the proposed rule been prepared by the Exchange. The
related to minor violations across each
change that are filed with the Commission is publishing this notice to
of the BGM Affiliated Exchanges, which
it believes will both more consistently Commission, and all written solicit comments on the proposed rule
and effectively regulate members of the communications relating to the change from interested persons.
BGM Affiliated Exchanges as well as proposed rule change between the I. Self-Regulatory Organization’s
reduce the regulatory burden on Commission and any person, other than Statement of the Terms of the Substance
Members of the Exchange that are also those that may be withheld from the of the Proposed Rule Change
members of EDGX, BYX and/or BZX. public in accordance with the
provisions of 5 U.S.C. 552, will be The Exchange proposes to extend a
The Commission believes that the pilot program related to Rule 6.15
proposed rule change presents no novel available for Web site viewing and
(Obvious Error and Catastrophic Errors).
issues and that waiver of the 30-day printing in the Commission’s Public The text of the proposed rule change is
operative delay is consistent with the Reference Room, 100 F Street NE., available on the Exchange’s Web site
protection of investors and the public Washington, DC 20549, on official (http://www.cboe.com/AboutCBOE/
interest. Therefore, the Commission business days between the hours of CBOELegalRegulatoryHome.aspx), at
designates the proposed rule change to 10:00 a.m. and 3:00 p.m. Copies of such the Exchange’s Office of the Secretary,
be operative upon filing.13 filing will also be available for and at the Commission’s Public
At any time within 60 days of the inspection and copying at the principal Reference Room.
filing of the proposed rule change, the office of the Exchange. All comments
Commission summarily may II. Self-Regulatory Organization’s
received will be posted without change;
temporarily suspend such rule change if Statement of the Purpose of, and
the Commission does not edit personal
it appears to the Commission that such Statutory Basis for, the Proposed Rule
action is necessary or appropriate in the identifying information from Change
public interest, for the protection of submissions. You should submit only
information that you wish to make In its filing with the Commission, the
investors, or otherwise in furtherance of Exchange included statements
the purposes of the Act. available publicly. All submissions
should refer to File No. SR–EDGA– concerning the purpose of and basis for
IV. Solicitation of Comments 2015–11 and should be submitted on or the proposed rule change and discussed
any comments it received on the
Interested persons are invited to before March 17, 2015.
submit written data, views and proposed rule change. The text of these
For the Commission, by the Division of statements may be examined at the
arguments concerning the foregoing, Trading and Markets, pursuant to delegated
including whether the proposal is places specified in Item IV below. The
authority.14 Exchange has prepared summaries, set
consistent with the Act. Comments may
be submitted by any of the following Brent J. Fields, forth in sections A, B, and C below, of
methods: Secretary. the most significant aspects of such
[FR Doc. 2015–03668 Filed 2–23–15; 8:45 am] statements.
Electronic Comments
BILLING CODE 8011–01–P A. Self-Regulatory Organization’s
• Use the Commission’s Internet Statement of the Purpose of, and
comment form (http://www.sec.gov/ Statutory Basis for, the Proposed Rule
rules/sro.shtml); or Change
tkelley on DSK3SPTVN1PROD with NOTICES
11 15 U.S.C. 78s(b)(3)(A). 1. Purpose
12 17 CFR 240.19b–4. The purpose of this filing is to extend
13 For purposes only of waiving the 30-day
operative delay, the Commission has also
the effectiveness of the Exchange’s
considered the proposed rule’s impact on
1 15 U.S.C. 78s(b)(1).
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f). 14 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.
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Document Created: 2015-12-18 13:23:34
Document Modified: 2015-12-18 13:23:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 9801 |
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