81_FR_12806 81 FR 12759 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend its Rules as Well as Certain Corporate Documents of the Exchange To Reflect a Legal Name Change by BATS Global Markets, Inc. and the Legal Names of Certain Subsidiaries

81 FR 12759 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend its Rules as Well as Certain Corporate Documents of the Exchange To Reflect a Legal Name Change by BATS Global Markets, Inc. and the Legal Names of Certain Subsidiaries

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 47 (March 10, 2016)

Page Range12759-12761
FR Document2016-05328

Federal Register, Volume 81 Issue 47 (Thursday, March 10, 2016)
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12759-12761]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05328]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77299; File No. SR-EDGA-2016-05]


Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
its Rules as Well as Certain Corporate Documents of the Exchange To 
Reflect a Legal Name Change by BATS Global Markets, Inc. and the Legal 
Names of Certain Subsidiaries

March 4, 2016.
    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 26, 2016, EDGA Exchange, Inc. f/k/a EDGA Exchange, 
Inc. (the ``Exchange'' or ``EDGA'') filed with the Securities and 
Exchange Commission (``Commission'') the proposed rule change as 
described in Items I, II, and III below, which Items have been prepared 
by the Exchange. The Exchange has designated this proposal as one being 
concerned solely with the administration of the Exchange pursuant to 
Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(3) 
thereunder,\4\ which renders the proposal effective upon filing with 
the Commission. The Commission is

[[Page 12760]]

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)(iii).
    \4\ 17 CFR 240.19b-4(f)(3).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is proposing a rule change to amend its rules as well 
as certain corporate documents of the Exchange to reflect a legal name 
change by the Exchange's ultimate parent entity, BATS Global Markets, 
Inc. (the ``Parent'') to Bats Global Markets, Inc., and the legal names 
of certain of the Parent's subsidiaries. As a result of this change, 
the Exchange also proposes to amend its rules to change its name from 
EDGA Exchange, Inc. to Bats EDGA Exchange, Inc. throughout its rules 
and corporate documents.
    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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange, on behalf of its Parent, recently filed to change the 
Parent's legal name from ``BATS Global Markets, Inc.'' to ``Bats Global 
Markets, Inc.'' \5\ For the purposes of consistency, certain of the 
Parent's subsidiaries have also undertaken to change their legal names. 
As a result, the Exchange also proposes to change its name from EDGA 
Exchange, Inc. to Bats EDGA Exchange, Inc. throughout its rules and 
corporate documents (collectively, with the other legal name changes 
for Parent and certain of its subsidiaries, the ``name changes'').\6\ 
Therefore, the Exchange proposes to amend its: (i) Rulebook; (ii) fee 
schedule issued pursuant to Exchange Rules 15.1(a) and (c) (``Fee 
Schedule''); (iii) Restated Certificate of Incorporation 
(``Certificate''); and (iv) Fourth Amended and Restated Bylaws of the 
Exchange (``Bylaws'') (collectively, the ``Operative Documents'') to 
reflect the name change and to replace all references to ``BATS'' with 
``Bats''.
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    \5\ See Securities Exchange Act Release No. 77146 (February 16, 
2016) (SR-EDGA-2016-01).
    \6\ The Exchange initially filed the proposed fee [sic] change 
on February 19, 2016 (SR-EDGA-2016-04). On February 26, 2016, the 
Exchange withdrew that filing and submitted this filing.
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    The Exchange proposes to replace all references to BATS with Bats 
throughout the Exchange's Rulebook and Fee Schedule. The Exchange 
understands that its affiliated Exchanges also intend to file similar 
proposed rule changes with the Commission to amend their exchange 
names.\7\ Therefore, the Exchange proposes to amend the following rules 
to reflect the name changes, including the expected filings by its 
affiliates to amend their names: Rule 1.5 (Definitions), Rule 2.3 
(Member Eligibility), Rule 2.10 (Affiliation Between Exchange and a 
Member), Rule 2.11 (BATS Trading, Inc. as Outbound Router), Rule 2.12 
(BATS Trading, Inc. as Inbound Router), Rule 11.11 (Routing to Away 
Trading Centers), Rule 13.4 (Usage of Data Feeds), Rule 13.8 (EDGA Book 
Feeds), Rule 13.9 (BATS Connect), Rule 14.2 (Investment Company Units), 
and Rule 14.8 (Portfolio Depository Receipts). Throughout these rules, 
the Exchange proposes the following changes:
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    \7\ The Exchange's affiliates are EDGX Exchange, Inc., BATS 
Exchange, Inc. and BATS Y-Exchange, Inc. The Exchange understands 
that proposed rule changes are to be filed by each of its affiliates 
to amend their names as follows: EDGX Exchange, Inc. would be 
changed to Bats EDGX Exchange, Inc., BATS Exchange, Inc. would be 
amended to Bats BZX Exchange, Inc., and BATS Y-Exchange, Inc. would 
be amended to Bats BYX Exchange, Inc.
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     All references to ``EDGA EXCHANGE'' and ``EDGA EXCHANGE, 
Inc.'' are proposed to be changed to ``Bats EDGA Exchange'' and ``Bats 
EDGA Exchange, Inc.'', respectively;
     All references to ``EDGA'' in Rule 13.8 are proposed to be 
changed to ``the Exchange'';
     All references to ``BATS'' are proposed to be changed to 
``Bats'';
     All references to the Parent are proposed to be changed to 
``Bats Global Markets, Inc.'' (which includes changes from ``BATS'' to 
``Bats'' as well as the correction of pre-existing errors in such 
references);
     All references to ``BATS Exchange, Inc.'' are proposed to 
be changed to ``Bats BZX Exchange, Inc.'';
     All references to ``BATS Y-Exchange, Inc.'' are proposed 
to be changed to ``Bats BYX Exchange, Inc.'';
     All references to ``EDGX Exchange, Inc.'' are proposed to 
be changed to ``Bats EDGX Exchange, Inc.''
    In addition to these changes, the Exchange proposes to modify its 
Fee Schedule to reflect the name change of the Exchange to Bats EDGA 
Exchange \8\ and to change all references to ``BATS'' to instead refer 
to ``Bats''. The Exchange also proposes on its Fee Schedule to refer to 
its affiliates, Bats BZX Exchange, Inc. and Bats BYX Exchange, Inc. (as 
each is proposed to be re-named), simply as ``BZX'' and ``BYX'', 
respectively. The Exchange believes that this is more consistent with 
other references on the Fee Schedule, such as the general references to 
``EDGX'', which refer to the Exchange's affiliate, Bats EDGX Exchange, 
Inc. (as proposed to be re-named).
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    \8\ The Exchange notes that the Exchange will continue to be 
referred to as ``EDGA'' in certain areas of the Fee Schedule. These 
areas of the Fee Schedule are: (i) The Fee Codes and Associated Fees 
table; (ii) footnote 1 under Membership Fees; (iii) Bats Connect 
pricing table; and (iv) Unicast Access--Order Entry.
---------------------------------------------------------------------------

    The Exchange also proposes to amend Article First of the 
Certificate to change the name of the Exchange to Bats EDGA Exchange, 
Inc. and make conforming changes throughout, including the title of the 
Certificate. The Exchange proposes to amend the Bylaws to amend the 
title to reflect that the Bylaws will be titled the ``FIFTH AMENDED AND 
RESTATED BYLAWS OF BATS EDGA EXCHANGE, INC.'' The Exchange also 
proposes to amend Article I, paragraph (f) and Article XI, Section 2 to 
reflect the name changes.
    The name change from EDGA Exchange, Inc. to Bats EDGA Exchange, 
Inc. is a non-substantive change. No changes to the ownership or 
structure of the Exchange or BATS Global Markets, Inc. have taken 
place.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\9\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\10\ in particular, in that 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. The Exchange also believes that the proposed rule change is 
consistent with Section 6(b)(1) of the Act \11\ in that it is

[[Page 12761]]

designed to continue to ensure that the Exchange is so organized and 
has the capacity to carry out the purposes of Act and to comply, and 
enforce compliance by its members with the provisions of the Act and 
the rules and regulations thereunder, and rules of the Exchange. The 
Exchange is proposing amendments to the Operative Documents to 
effectuate its name change to Bats EDGA Exchange, Inc. and to reflect 
the name changes of its affiliates. These changes are limited to 
capitalization and ministerial name changes and to reflect similar 
proposed rule changes to be submitted to the Commission by the 
Exchange's affiliates. The Exchange believes that the changes will 
protect investors and the public interest by eliminating confusion that 
may exist because of differences between its corporate name and the new 
naming conventions of the Parent and its subsidiaries, including the 
Exchange.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

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

    Because the rule change proposes ministerial changes related to the 
administration, and not the governance or operation, of the Exchange, 
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.

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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any unsolicited written comments from Members or other interested 
parties.

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

    Because it is concerned solely with the administration of the 
Exchange, the foregoing proposed rule change has become effective 
pursuant to Section 19(b)(3)(A)(iii) of the Act \12\ and Rule 19b-
4(f)(3) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

    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: (1) 
Necessary or appropriate in the public interest; (2) for the protection 
of investors; or (3) otherwise in furtherance of the purposes of the 
Act. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-EDGA-2016-05 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-EDGA-2016-05. 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 the 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-EDGA-2016-05, and should be 
submitted on or before March 31, 2016.

    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).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-05328 Filed 3-9-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices                                                     12759

                                                  the Exchange or BATS Global Markets,                     III. Date of Effectiveness of the                        available for Web site viewing and
                                                  Inc. have taken place.                                   Proposed Rule Change and Timing for                      printing in the Commission’s Public
                                                                                                           Commission Action                                        Reference Room, 100 F Street NE.,
                                                  2. Statutory Basis
                                                                                                              Because it is concerned solely with                   Washington, DC 20549, on official
                                                     The Exchange believes that its                                                                                 business days between the hours of
                                                                                                           the administration of the Exchange, the
                                                  proposal is consistent with section 6(b)                                                                          10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                           foregoing proposed rule change has
                                                  of the Act,10 in general, and furthers the                                                                        filing also will be available for
                                                                                                           become effective pursuant to section
                                                  objectives of section 6(b)(5) of the Act,11              19(b)(3)(A)(iii) of the Act 13 and Rule                  inspection and copying at the principal
                                                  in particular, in that it is designed to                 19b–4(f)(3) thereunder.14                                office of the Exchange. All comments
                                                  promote just and equitable principles of                    At any time within 60 days of the                     received will be posted without change;
                                                  trade, to remove impediments to and                      filing of the proposed rule change, the                  the Commission does not edit personal
                                                  perfect the mechanism of a free and                      Commission summarily may                                 identifying information from
                                                  open market and a national market                        temporarily suspend such rule change if                  submissions. You should submit only
                                                  system, and, in general to protect                       it appears to the Commission that such                   information that you wish to make
                                                  investors and the public interest. The                   action is: (1) Necessary or appropriate in               available publicly. All submissions
                                                  Exchange also believes that the                          the public interest; (2) for the protection              should refer to File Number SR–EDGX–
                                                  proposed rule change is consistent with                  of investors; or (3) otherwise in                        2016–14, and should be submitted on or
                                                  section 6(b)(1) of the Act 12 in that it is              furtherance of the purposes of the Act.                  before March 31,2016.
                                                  designed to continue to ensure that the                  If the Commission takes such action, the                   For the Commission, by the Division of
                                                  Exchange is so organized and has the                     Commission shall institute proceedings                   Trading and Markets, pursuant to delegated
                                                  capacity to carry out the purposes of Act                to determine whether the proposed rule                   authority.15
                                                  and to comply, and enforce compliance                    should be approved or disapproved.                       Brent J. Fields,
                                                  by its members with the provisions of                                                                             Secretary.
                                                  the Act and the rules and regulations                    IV. Solicitation of Comments
                                                                                                                                                                    [FR Doc. 2016–05327 Filed 3–9–16; 8:45 am]
                                                  thereunder, and rules of the Exchange.                     Interested persons are invited to                      BILLING CODE 8011–01–P
                                                  The Exchange is proposing amendments                     submit written data, views, and
                                                  to the Operative Documents to                            arguments concerning the foregoing,
                                                  effectuate its name change to Bats EDGX                  including whether the proposed rule                      SECURITIES AND EXCHANGE
                                                  Exchange, Inc. and to reflect the name                   change is consistent with the Act.                       COMMISSION
                                                  changes of its affiliates. These changes                 Comments may be submitted by any of
                                                  are limited to capitalization and                        the following methods:                                   [Release No. 34–77299; File No. SR–EDGA–
                                                                                                                                                                    2016–05]
                                                  ministerial name changes and to reflect
                                                                                                           Electronic Comments
                                                  similar proposed rule changes to be                                                                               Self-Regulatory Organizations; EDGA
                                                  submitted to the Commission by the                         • Use the Commission’s Internet
                                                                                                                                                                    Exchange, Inc.; Notice of Filing and
                                                  Exchange’s affiliates. The Exchange                      comment form (http://www.sec.gov/
                                                                                                                                                                    Immediate Effectiveness of a Proposed
                                                  believes that the changes will protect                   rules/sro.shtml); or
                                                                                                             • Send an email to rule-comments@                      Rule Change To Amend its Rules as
                                                  investors and the public interest by                                                                              Well as Certain Corporate Documents
                                                  eliminating confusion that may exist                     sec.gov. Please include File Number SR–
                                                                                                           EDGX–2016–14 on the subject line.                        of the Exchange To Reflect a Legal
                                                  because of differences between its                                                                                Name Change by BATS Global
                                                  corporate name and the new naming                        Paper Comments                                           Markets, Inc. and the Legal Names of
                                                  conventions of the Parent and its
                                                                                                             • Send paper comments in triplicate                    Certain Subsidiaries
                                                  subsidiaries, including the Exchange.
                                                                                                           to Secretary, Securities and Exchange                    March 4, 2016.
                                                  B. Self-Regulatory Organization’s                        Commission, 100 F Street NE.,                               Pursuant to Section 19(b)(1) of the
                                                  Statement on Burden on Competition                       Washington, DC 20549–1090.                               Securities Exchange Act of 1934 (the
                                                    Because the rule change proposes                       All submissions should refer to File                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  ministerial changes related to the                       Number SR–EDGX–2016–14. This file                        notice is hereby given that on February
                                                  administration, and not the governance                   number should be included on the                         26, 2016, EDGA Exchange, Inc. f/k/a
                                                  or operation, of the Exchange, the                       subject line if email is used. To help the               EDGA Exchange, Inc. (the ‘‘Exchange’’
                                                  Exchange does not believe that the                       Commission process and review your                       or ‘‘EDGA’’) filed with the Securities
                                                  proposed rule change will impose any                     comments more efficiently, please use                    and Exchange Commission
                                                  burden on competition not necessary or                   only one method. The Commission will                     (‘‘Commission’’) the proposed rule
                                                  appropriate in furtherance of the                        post all comments on the Commission’s                    change as described in Items I, II, and
                                                  purposes of the Act.                                     Internet Web site (http://www.sec.gov/                   III below, which Items have been
                                                                                                           rules/sro.shtml). Copies of the                          prepared by the Exchange. The
                                                  C. Self-Regulatory Organization’s                        submission, all subsequent                               Exchange has designated this proposal
                                                  Statement on Comments on the                             amendments, all written statements                       as one being concerned solely with the
                                                  Proposed Rule Change Received From                       with respect to the proposed rule                        administration of the Exchange
                                                  Members, Participants, or Others                         change that are filed with the                           pursuant to Section 19(b)(3)(A)(iii) of
                                                    The Exchange has not solicited, and                    Commission, and all written                              the Act 3 and Rule 19b–4(f)(3)
                                                  does not intend to solicit, comments on                  communications relating to the                           thereunder,4 which renders the proposal
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  this proposed rule change. The                           proposed rule change between the                         effective upon filing with the
                                                  Exchange has not received any                            Commission and any person, other than                    Commission. The Commission is
                                                  unsolicited written comments from                        those that may be withheld from the
                                                  Members or other interested parties.                     public in accordance with the                              15 17 CFR 200.30–3(a)(12).
                                                                                                           provisions of 5 U.S.C. 552, will be                        1 15 U.S.C. 78s(b)(1).
                                                    10 15 U.S.C. 78f.                                                                                                 2 17 CFR 240.19b–4.
                                                    11 15 U.S.C. 78f(b)(5).                                  13 15   U.S.C. 78s(b)(3)(A)(iii).                        3 15 U.S.C. 78s(b)(3)(A)(iii).
                                                    12 15 U.S.C. 78f(b)(1).                                  14 17   CFR 240.19b–4(f)(3).                             4 17 CFR 240.19b–4(f)(3).




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                                                  12760                        Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices

                                                  publishing this notice to solicit                       changes’’).6 Therefore, the Exchange                      • All references to ‘‘BATS Y–
                                                  comments on the proposed rule change                    proposes to amend its: (i) Rulebook; (ii)              Exchange, Inc.’’ are proposed to be
                                                  from interested persons.                                fee schedule issued pursuant to                        changed to ‘‘Bats BYX Exchange, Inc.’’;
                                                                                                          Exchange Rules 15.1(a) and (c) (‘‘Fee                     • All references to ‘‘EDGX Exchange,
                                                  I. Self-Regulatory Organization’s                                                                              Inc.’’ are proposed to be changed to
                                                                                                          Schedule’’); (iii) Restated Certificate of
                                                  Statement of the Terms of Substance of                                                                         ‘‘Bats EDGX Exchange, Inc.’’
                                                                                                          Incorporation (‘‘Certificate’’); and (iv)
                                                  the Proposed Rule Change                                                                                          In addition to these changes, the
                                                                                                          Fourth Amended and Restated Bylaws
                                                     The Exchange is proposing a rule                     of the Exchange (‘‘Bylaws’’)                           Exchange proposes to modify its Fee
                                                  change to amend its rules as well as                    (collectively, the ‘‘Operative                         Schedule to reflect the name change of
                                                  certain corporate documents of the                      Documents’’) to reflect the name change                the Exchange to Bats EDGA Exchange 8
                                                  Exchange to reflect a legal name change                 and to replace all references to ‘‘BATS’’              and to change all references to ‘‘BATS’’
                                                  by the Exchange’s ultimate parent                       with ‘‘Bats’’.                                         to instead refer to ‘‘Bats’’. The Exchange
                                                  entity, BATS Global Markets, Inc. (the                     The Exchange proposes to replace all                also proposes on its Fee Schedule to
                                                  ‘‘Parent’’) to Bats Global Markets, Inc.,               references to BATS with Bats                           refer to its affiliates, Bats BZX Exchange,
                                                                                                          throughout the Exchange’s Rulebook                     Inc. and Bats BYX Exchange, Inc. (as
                                                  and the legal names of certain of the
                                                                                                          and Fee Schedule. The Exchange                         each is proposed to be re-named),
                                                  Parent’s subsidiaries. As a result of this
                                                                                                          understands that its affiliated Exchanges              simply as ‘‘BZX’’ and ‘‘BYX’’,
                                                  change, the Exchange also proposes to
                                                                                                          also intend to file similar proposed rule              respectively. The Exchange believes that
                                                  amend its rules to change its name from
                                                                                                          changes with the Commission to amend                   this is more consistent with other
                                                  EDGA Exchange, Inc. to Bats EDGA
                                                                                                          their exchange names.7 Therefore, the                  references on the Fee Schedule, such as
                                                  Exchange, Inc. throughout its rules and
                                                                                                          Exchange proposes to amend the                         the general references to ‘‘EDGX’’,
                                                  corporate documents.
                                                                                                          following rules to reflect the name                    which refer to the Exchange’s affiliate,
                                                     The text of the proposed rule change                                                                        Bats EDGX Exchange, Inc. (as proposed
                                                                                                          changes, including the expected filings
                                                  is available at the Exchange’s Web site                                                                        to be re-named).
                                                                                                          by its affiliates to amend their names:
                                                  at www.batstrading.com, at the                                                                                    The Exchange also proposes to amend
                                                                                                          Rule 1.5 (Definitions), Rule 2.3 (Member
                                                  principal office of the Exchange, and at                                                                       Article First of the Certificate to change
                                                                                                          Eligibility), Rule 2.10 (Affiliation
                                                  the Commission’s Public Reference                                                                              the name of the Exchange to Bats EDGA
                                                                                                          Between Exchange and a Member), Rule
                                                  Room.                                                                                                          Exchange, Inc. and make conforming
                                                                                                          2.11 (BATS Trading, Inc. as Outbound
                                                  II. Self-Regulatory Organization’s                      Router), Rule 2.12 (BATS Trading, Inc.                 changes throughout, including the title
                                                                                                          as Inbound Router), Rule 11.11 (Routing                of the Certificate. The Exchange
                                                  Statement of the Purpose of, and
                                                                                                          to Away Trading Centers), Rule 13.4                    proposes to amend the Bylaws to amend
                                                  Statutory Basis for, the Proposed Rule
                                                                                                          (Usage of Data Feeds), Rule 13.8 (EDGA                 the title to reflect that the Bylaws will
                                                  Change
                                                                                                          Book Feeds), Rule 13.9 (BATS Connect),                 be titled the ‘‘FIFTH AMENDED AND
                                                    In its filing with the Commission, the                                                                       RESTATED BYLAWS OF BATS EDGA
                                                                                                          Rule 14.2 (Investment Company Units),
                                                  Exchange included statements                                                                                   EXCHANGE, INC.’’ The Exchange also
                                                                                                          and Rule 14.8 (Portfolio Depository
                                                  concerning the purpose of and basis for                                                                        proposes to amend Article I, paragraph
                                                                                                          Receipts). Throughout these rules, the
                                                  the proposed rule change and discussed                                                                         (f) and Article XI, Section 2 to reflect the
                                                                                                          Exchange proposes the following
                                                  any comments it received on the                                                                                name changes.
                                                                                                          changes:                                                  The name change from EDGA
                                                  proposed rule change. The text of these                    • All references to ‘‘EDGA
                                                  statements may be examined at the                                                                              Exchange, Inc. to Bats EDGA Exchange,
                                                                                                          EXCHANGE’’ and ‘‘EDGA EXCHANGE,
                                                  places specified in Item IV below. The                                                                         Inc. is a non-substantive change. No
                                                                                                          Inc.’’ are proposed to be changed to
                                                  Exchange has prepared summaries, set                                                                           changes to the ownership or structure of
                                                                                                          ‘‘Bats EDGA Exchange’’ and ‘‘Bats
                                                  forth in Sections A, B, and C below, of                                                                        the Exchange or BATS Global Markets,
                                                                                                          EDGA Exchange, Inc.’’, respectively;
                                                                                                                                                                 Inc. have taken place.
                                                  the most significant parts of such                         • All references to ‘‘EDGA’’ in Rule
                                                  statements.                                             13.8 are proposed to be changed to ‘‘the               2. Statutory Basis
                                                  A. Self-Regulatory Organization’s                       Exchange’’;                                               The Exchange believes that its
                                                  Statement of the Purpose of, and the                       • All references to ‘‘BATS’’ are                    proposal is consistent with Section 6(b)
                                                  Statutory Basis for, the Proposed Rule                  proposed to be changed to ‘‘Bats’’;                    of the Act,9 in general, and furthers the
                                                                                                             • All references to the Parent are                  objectives of Section 6(b)(5) of the Act,10
                                                  Change
                                                                                                          proposed to be changed to ‘‘Bats Global                in particular, in that it is designed to
                                                  1. Purpose                                              Markets, Inc.’’ (which includes changes                promote just and equitable principles of
                                                                                                          from ‘‘BATS’’ to ‘‘Bats’’ as well as the               trade, to remove impediments to and
                                                    The Exchange, on behalf of its Parent,                correction of pre-existing errors in such
                                                  recently filed to change the Parent’s                                                                          perfect the mechanism of a free and
                                                                                                          references);                                           open market and a national market
                                                  legal name from ‘‘BATS Global Markets,                     • All references to ‘‘BATS Exchange,
                                                  Inc.’’ to ‘‘Bats Global Markets, Inc.’’ 5                                                                      system, and, in general to protect
                                                                                                          Inc.’’ are proposed to be changed to                   investors and the public interest. The
                                                  For the purposes of consistency, certain                ‘‘Bats BZX Exchange, Inc.’’;
                                                  of the Parent’s subsidiaries have also                                                                         Exchange also believes that the
                                                  undertaken to change their legal names.                    6 The Exchange initially filed the proposed fee
                                                                                                                                                                 proposed rule change is consistent with
                                                  As a result, the Exchange also proposes                 [sic] change on February 19, 2016 (SR–EDGA–            Section 6(b)(1) of the Act 11 in that it is
                                                  to change its name from EDGA                            2016–04). On February 26, 2016, the Exchange
                                                                                                          withdrew that filing and submitted this filing.           8 The Exchange notes that the Exchange will
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                                                  Exchange, Inc. to Bats EDGA Exchange,                      7 The Exchange’s affiliates are EDGX Exchange,      continue to be referred to as ‘‘EDGA’’ in certain
                                                  Inc. throughout its rules and corporate                 Inc., BATS Exchange, Inc. and BATS Y-Exchange,         areas of the Fee Schedule. These areas of the Fee
                                                  documents (collectively, with the other                 Inc. The Exchange understands that proposed rule       Schedule are: (i) The Fee Codes and Associated
                                                  legal name changes for Parent and                       changes are to be filed by each of its affiliates to   Fees table; (ii) footnote 1 under Membership Fees;
                                                                                                          amend their names as follows: EDGX Exchange, Inc.      (iii) Bats Connect pricing table; and (iv) Unicast
                                                  certain of its subsidiaries, the ‘‘name                                                                        Access—Order Entry.
                                                                                                          would be changed to Bats EDGX Exchange, Inc.,
                                                                                                                                                                    9 15 U.S.C. 78f.
                                                                                                          BATS Exchange, Inc. would be amended to Bats
                                                    5 See Securities Exchange Act Release No. 77146                                                                 10 15 U.S.C. 78f(b)(5).
                                                                                                          BZX Exchange, Inc., and BATS Y-Exchange, Inc.
                                                  (February 16, 2016) (SR–EDGA–2016–01).                  would be amended to Bats BYX Exchange, Inc.               11 15 U.S.C. 78f(b)(1).




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                                                                                    Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices                                                12761

                                                  designed to continue to ensure that the                    If the Commission takes such action, the                For the Commission, by the Division of
                                                  Exchange is so organized and has the                       Commission shall institute proceedings                Trading and Markets, pursuant to delegated
                                                  capacity to carry out the purposes of Act                  to determine whether the proposed rule                authority.14
                                                  and to comply, and enforce compliance                      should be approved or disapproved.                    Brent J. Fields,
                                                  by its members with the provisions of                                                                            Secretary.
                                                  the Act and the rules and regulations                      IV. Solicitation of Comments                          [FR Doc. 2016–05328 Filed 3–9–16; 8:45 am]
                                                  thereunder, and rules of the Exchange.                       Interested persons are invited to                   BILLING CODE 8011–01–P
                                                  The Exchange is proposing amendments                       submit written data, views, and
                                                  to the Operative Documents to                              arguments concerning the foregoing,
                                                  effectuate its name change to Bats EDGA                    including whether the proposed rule                   SECURITIES AND EXCHANGE
                                                  Exchange, Inc. and to reflect the name                     change is consistent with the Act.                    COMMISSION
                                                  changes of its affiliates. These changes                   Comments may be submitted by any of                   [SEC File No. 270–523, OMB Control No.
                                                  are limited to capitalization and                          the following methods:                                3235–0585]
                                                  ministerial name changes and to reflect
                                                  similar proposed rule changes to be                        Electronic Comments                                   Submission for OMB Review;
                                                  submitted to the Commission by the                                                                               Comment Request
                                                  Exchange’s affiliates. The Exchange                          • Use the Commission’s Internet
                                                  believes that the changes will protect                     comment form (http://www.sec.gov/                     Upon Written Request, Copies Available
                                                  investors and the public interest by                       rules/sro.shtml); or                                   From: Securities and Exchange
                                                  eliminating confusion that may exist                         • Send an email to rule-comments@                    Commission, Office of FOIA Services,
                                                  because of differences between its                         sec.gov. Please include File Number SR–                100 F Street NE., Washington, DC
                                                  corporate name and the new naming                          EDGA–2016–05 on the subject line.                      20549–2736.
                                                  conventions of the Parent and its                                                                                Extension: Rule 206(4)–7.
                                                  subsidiaries, including the Exchange.                      Paper Comments
                                                                                                                                                                      Notice is hereby given that, pursuant
                                                  B. Self-Regulatory Organization’s                             • Send paper comments in triplicate                to the Paperwork Reduction Act of 1995
                                                  Statement on Burden on Competition                         to Secretary, Securities and Exchange                 (44 U.S.C. 3501 et seq.), the Securities
                                                                                                             Commission, 100 F Street NE.,                         and Exchange Commission (the
                                                    Because the rule change proposes
                                                                                                             Washington, DC 20549–1090.                            ‘‘Commission’’) has submitted to the
                                                  ministerial changes related to the
                                                                                                                All submissions should refer to File               Office of Management and Budget
                                                  administration, and not the governance
                                                                                                             Number SR–EDGA–2016–05. This file                     (‘‘OMB’’) a request for extension of the
                                                  or operation, of the Exchange, the
                                                                                                             number should be included on the                      previously approved collection of
                                                  Exchange does not believe that the
                                                                                                             subject line if email is used. To help the            information discussed below.
                                                  proposed rule change will impose any
                                                                                                                                                                      The title for the collection of
                                                  burden on competition not necessary or                     Commission process and review your
                                                                                                                                                                   information is ‘‘Investment Advisers Act
                                                  appropriate in furtherance of the                          comments more efficiently, please use
                                                                                                                                                                   rule 206(4)–7 (17 CFR 275.206(4)–7),
                                                  purposes of the Act.                                       only one method. The Commission will
                                                                                                                                                                   Compliance procedures and practices.’’
                                                                                                             post all comments on the Commission’s
                                                  C. Self-Regulatory Organization’s                                                                                Rule 206(4)–7 requires each investment
                                                                                                             Internet Web site (http://www.sec.gov/
                                                  Statement on Comments on the                                                                                     adviser registered with the Commission
                                                                                                             rules/sro.shtml). Copies of the
                                                  Proposed Rule Change Received From                                                                               to (i) adopt and implement internal
                                                                                                             submission, all subsequent
                                                  Members, Participants, or Others                                                                                 compliance policies and procedures, (ii)
                                                                                                             amendments, all written statements
                                                    The Exchange has not solicited, and                                                                            review those policies and procedures
                                                                                                             with respect to the proposed rule
                                                  does not intend to solicit, comments on                                                                          annually, (iii) designate a chief
                                                                                                             change that are filed with the
                                                  this proposed rule change. The                                                                                   compliance officer, and (iv) maintain
                                                                                                             Commission, and all written                           certain compliance records. Rule
                                                  Exchange has not received any                              communications relating to the
                                                  unsolicited written comments from                                                                                206(4)–7 is designed to protect investors
                                                                                                             proposed rule change between the                      by fostering better compliance with the
                                                  Members or other interested parties.                       Commission and any person, other than                 securities laws. The collection of
                                                  III. Date of Effectiveness of the                          those that may be withheld from the                   information under rule 206(4)–7 is
                                                  Proposed Rule Change and Timing for                        public in accordance with the                         necessary to assure that investment
                                                  Commission Action                                          provisions of 5 U.S.C. 552, will be                   advisers maintain comprehensive
                                                                                                             available for Web site viewing and                    internal programs that promote the
                                                     Because it is concerned solely with
                                                                                                             printing in the Commission’s Public                   advisers’ compliance with the
                                                  the administration of the Exchange, the
                                                                                                             Reference Room, 100 F Street NE.,                     Investment Advisers Act of 1940. The
                                                  foregoing proposed rule change has
                                                                                                             Washington, DC 20549, on official                     information collection in the rule also
                                                  become effective pursuant to Section
                                                                                                             business days between the hours of                    assists the Commission’s examination
                                                  19(b)(3)(A)(iii) of the Act 12 and Rule
                                                                                                             10:00 a.m. and 3:00 p.m. Copies of the                staff in assessing the adequacy advisers’
                                                  19b–4(f)(3) thereunder.13
                                                     At any time within 60 days of the                       filing also will be available for                     compliance programs. This collection of
                                                  filing of the proposed rule change, the                    inspection and copying at the principal               information is found at 17 CFR
                                                  Commission summarily may                                   office of the Exchange. All comments                  275.206(4)–7 and is mandatory.
                                                  temporarily suspend such rule change if                    received will be posted without change;                  The information documented
                                                                                                             the Commission does not edit personal
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                                                  it appears to the Commission that such                                                                           pursuant to rule 206(4)–7 is reviewed by
                                                  action is: (1) Necessary or appropriate in                 identifying information from                          the Commission’s examination staff; it
                                                  the public interest; (2) for the protection                submissions. You should submit only                   will be accorded the same level of
                                                  of investors; or (3) otherwise in                          information that you wish to make                     confidentiality accorded to other
                                                  furtherance of the purposes of the Act.                    available publicly. All submissions                   responses provided to the Commission
                                                                                                             should refer to File Number SR–EDGA–                  in the context of its examination and
                                                    12 15   U.S.C. 78s(b)(3)(A)(iii).                        2016–05, and should be submitted on or
                                                    13 17   CFR 240.19b–4(f)(3).                             before March 31, 2016.                                  14 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-02 15:11:39
Document Modified: 2018-02-02 15:11:39
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 Citation81 FR 12759 

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