81_FR_13044 81 FR 12996 - Self-Regulatory Organizations; BATS 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 12996 - Self-Regulatory Organizations; BATS 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 48 (March 11, 2016)

Page Range12996-12998
FR Document2016-05438

Federal Register, Volume 81 Issue 48 (Friday, March 11, 2016)
[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Pages 12996-12998]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05438]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77307; File No. SR-BATS-2016-25]


Self-Regulatory Organizations; BATS 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 7, 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, Bats BZX Exchange, Inc. f/k/a BATS Exchange, 
Inc. (the ``Exchange'' or ``BZX'') 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 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 
BATS Exchange, Inc. to Bats BZX Exchange, Inc.
    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 BATS 
Exchange, Inc. to Bats BZX Exchange, Inc. throughout its rules and 
corporate documents (collectively, with the other legal name changes 
for the Parent and certain of its subsidiaries, the ``name 
changes'').\6\ Therefore, the Exchange proposes to amend its: (i) 
Rulebook; (ii) fee schedules applicable to its equity and options 
platforms issued pursuant to Exchange Rules 15.1(a) and (c) (``Fee 
Schedules''); (iii) Certificate of Incorporation (``Certificate''); and 
(iv) Third 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. 77155 (February 17, 
2016) (SR-BATS-2016-10).
    \6\ The Exchange initially filed the proposed fee [sic] change 
on February 19, 2016 (SR-BATS-2016-21). 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

[[Page 12997]]

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 8.15 (Imposition of Fines for Minor Violation(s) 
of Rules), Rule 11.1 (Hours of Trading and Trading Days), Rule 11.8 
(Obligations of Market Makers), Rule 11.9 (Orders and Modifiers), Rule 
11.12 (Priority of Orders), Rule 11.13 (Order Execution and Routing), 
Rule 11.14 (Trade Execution and Reporting), Rule 11.18 (Trading Halts 
Due to Extraordinary Market Volatility), Rule 11.22 (Data Products), 
Rule 11.23 (Auctions), Rule 11.24 (Opening Process for Non-BATS-Listed 
Securities), Rule 11.26 (Usage of Data Feeds), Rule 13.8 (BATS 
Connect), Rule 14.3 (General Procedures and Prerequisites for Initial 
and Continued Listing on the Exchange), Rule 14.11 (Other Securities), 
Rule 16.1 (Definitions), Rule 16.2 (Applicability), Rule 17.1 (Options 
Participation), Rule 17.2 (Requirements for Options Participation), 
Rule 17.4 (Good Standing For Options Members), Rule 18.2 (Conduct and 
Compliance with the Rules), Rule 18.4 (Prevention of the Misuse of 
Material Nonpublic Information), Rule 18.6 (Other Restrictions on 
Members), Rule 18.7 (Position Limits), Rule 18.8 (Exemptions from 
Position Limits), Rule 18.9 (Exercise Limits), Rule 18.11 (Liquidation 
Positions), Rule 18.12 (Other Restrictions on Options Transactions and 
Exercises), Rule 18.14 Limit on Outstanding Uncovered Short Positions), 
Rule 19.1 (Designation of Securities), Rule 19.3 (Criteria for 
Underlying Securities), Rule 19.4 (Withdrawal of Approval of Underlying 
Securities), Rule 19.6 (Series of Options Contracts Open for Trading), 
Rule 20.1 (Access to and Conduct on the BATS Options Market), Rule 20.2 
(Surveillance), Rule 20.3 (Trading Halts), Rule 20.5 (Unusual Market 
Conditions), Rule 20.6 (Nullification and Adjustment of Options 
Transactions including Obvious Errors), Rule 20.7 (Audit Trail), Rule 
20.8 (Failure to Pay Premium), Rule 21.1 (Definitions), Rule 21.2 (Days 
and Hours of Business), Rule 21.3 (Units of Trading), Rule 21.4 
(Meaning of Premium Quotes and Orders), Rule 21.5 (Minimum Increments), 
Rule 21.7 (Market Opening Procedures), Rule 21.8 (Order Display and 
Booking Process), Rule 21.9 (Order Routing), Rule 21.12 (Clearing 
Member Give Up), Rule 21.13 (Submission for Clearance), Rule 21.14 
(Message Traffic Mitigation), Rule 22.1 (Customer Orders and Order 
Entry Firms), Rule 22.2 (Options Market Maker Registration), Rule 22.5 
(Obligations of Market Makers), Rule 22.6 (Market Maker Quotations), 
Rule 22.7 (Securities Accounts and Orders of Market Makers), Rule 22.8 
(Letters of Guarantee), Rule 22.12 (Order Exposure Requirements), Rule 
23.1 (Exercise of Options Contracts), Rule 24.2 (Reports of Uncovered 
Short Positions), Rule 25.1 (Suspensions), Rule 25.2 (Contracts of 
Suspended Members), Rule 25.3 (Penalty for Minor Rule Violations), Rule 
26.5 (Discretionary Accounts), Rule 28.1 (General Rule), Rule 28.4 
(Margin Required is Minimum), Rule 29.2 (Definitions), Rule 29.3 
(Designation of a Broad-Based Index), Rule 29.4 (Dissemination of 
Information), Rule 29.5 (Position Limits for Broad-Based Index 
Options), Rule 29.6 (Designation of Narrow-Based and Micro-Narrow-Based 
Index Options), Rule 29.7 (Position Limits for Narrow-Based and Micro-
Narrow-Based Index Options), Rule 29.8 (Exemptions from Position 
Limits), Rule 29.10 (Trading Sessions), Rule 29.11 (Terms of Index 
Options Contracts), and Rule 29.12 (Debit Put Spread Cash Account 
Transactions). Throughout these rules, the Exchange proposes the 
following changes:
---------------------------------------------------------------------------

    \7\ The Exchange's affiliates are EDGA Exchange, Inc., BATS Y-
Exchange, Inc. and EDGX Exchange, Inc. The Exchange understands that 
proposed rule changes are to be filed by each of its affiliates to 
amend their names as follows: EDGA Exchange, Inc. would be changed 
to Bats EDGA Exchange, Inc., BATS Y-Exchange, Inc. would be amended 
to Bats BYX Exchange, Inc., and EDGX Exchange, Inc. would be amended 
to Bats EDGX Exchange, Inc.
---------------------------------------------------------------------------

     All references to ``BATS Exchange'', ``BATS EXCHANGE'' and 
``BATS EXCHANGE, INC.'' are proposed to be changed to ``Bats BZX 
Exchange, Inc.'';
     All references to ``BATS'' are proposed to be changed to 
``Bats'' or ``Exchange'';
     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.'';
     All references to ``EDGA Exchange, Inc.'' are proposed to 
be changed to ``Bats EDGA Exchange, Inc.'';
     All references to ``BATS Options'' are proposed to be 
changed to ``BZX Options''.
     All references to ``BATS Book'', ``BATS market orders'', 
``BATS Post Only Orders'', ``BATS Only Orders'', and ``BATS-listed 
securities'' are proposed to be changed to ``BZX Book'', ``BZX market 
orders'', ``BZX Post Only Orders'', ``BZX Only Orders'', and ``BZX-
listed securities'', respectively.\8\
---------------------------------------------------------------------------

    \8\ The Exchange notes that ``BATS'' is synonymous with ``BZX''. 
For example, Rule 11.22(k) is titled ``BZX Book Viewer'' and 
described a market data product offered by the Exchange. In 
addition, the Fee Schedule also includes BZX in the title of the 
Exchange's market data products. The Exchange does not propose to 
amend the names of these products.
---------------------------------------------------------------------------

    In addition to these changes, the Exchange proposes to modify its 
Fee Schedules to reflect the name change of the Exchange to Bats BZX 
Exchange \9\ and to change all references to ``BATS'' to instead refer 
to ``Bats''. The Exchange also proposes on its Fee Schedule to refer to 
its affiliate, Bats BYX Exchange, Inc. (as proposed to be re-named), 
simply as ``BYX''. The Exchange believes that this is more consistent 
with other references on the Fee Schedule, such as the general 
references to ``EDGA'', which refer to the Exchange's affiliate, Bats 
EDGA Exchange, Inc. (as proposed to be re-named). Finally, the Exchange 
proposes to replace the term ``Non-BATS Market Maker'' with ``Away 
Market Maker'' (rather than changing the capitalization of ``Non-BATS'' 
to ``Non-Bats''), which is consistent with the terminology used on the 
fee schedule of EDGX Options, which is the options platform operated by 
Bats EDGX Exchange, Inc. (as proposed to be renamed).\10\
---------------------------------------------------------------------------

    \9\ The Exchange notes that the Exchange will continue to be 
referred to as ``BZX'' in certain areas of the Fee Schedules. These 
areas of the Fee Schedules are: (i) The Fee Codes and Associated 
Fees table; (ii) footnote 6; (ii) footnote 7; (iii) the Bats Connect 
pricing table; and (iv) in the Unicast Access--Order Entry section 
of its Fee Schedule.
    \10\ See EDGX Options fee schedule, available at: http://www.batsoptions.com/support/fee_schedule/edgx/.
---------------------------------------------------------------------------

    The Exchange also proposes to amend Article First of the 
Certificate to change the name of the Exchange to Bats BZX 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 ``FOURTH AMENDED 
AND RESTATED BYLAWS OF BATS BZX 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 BATS Exchange, Inc. to Bats BZX 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

[[Page 12998]]

    The Exchange believes that its proposal is consistent with section 
6(b) of the Act,\11\ in general, and furthers the objectives of section 
6(b)(5) of the Act,\12\ 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 \13\ in that it is 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 BZX 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 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 Ac \14\ and Rule 19b-
4(f)(3) thereunder.\15\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 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-BATS-2016-25 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-BATS-2016-25. 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-BATS-2016-25, and should be 
submitted on or before April 1, 2016.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-05438 Filed 3-10-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    12996                             Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices

                                                      • Send an email to rule-comments@                       SECURITIES AND EXCHANGE                                II. Self-Regulatory Organization’s
                                                    sec.gov. Please include File Number SR–                   COMMISSION                                             Statement of the Purpose of, and
                                                    NASDAQ–2016–028 on the subject line.                                                                             Statutory Basis for, the Proposed Rule
                                                                                                              [Release No. 34–77307; File No. SR–BATS–               Change
                                                    Paper Comments
                                                                                                              2016–25]                                                  In its filing with the Commission, the
                                                      • Send paper comments in triplicate                                                                            Exchange included statements
                                                    to Brent J. Fields, Secretary, Securities                 Self-Regulatory Organizations; BATS                    concerning the purpose of and basis for
                                                    and Exchange Commission, Station                          Exchange, Inc.; Notice of Filing and                   the proposed rule change and discussed
                                                    Place, 100 F Street NE., Washington, DC                   Immediate Effectiveness of a Proposed                  any comments it received on the
                                                    20549.                                                    Rule Change To Amend Its Rules as                      proposed rule change. The text of these
                                                                                                              Well as Certain Corporate Documents                    statements may be examined at the
                                                    All submissions should refer to File                      of the Exchange To Reflect a Legal                     places specified in Item IV below. The
                                                    Number SR–NASDAQ–2016–028. This                           Name Change by BATS Global                             Exchange has prepared summaries, set
                                                    file number should be included on the                     Markets, Inc. and the Legal Names of                   forth in Sections A, B, and C below, of
                                                    subject line if email is used. To help the                Certain Subsidiaries                                   the most significant parts of such
                                                    Commission process and review your                                                                               statements.
                                                    comments more efficiently, please use                     March 7, 2016.
                                                                                                                                                                     A. Self-Regulatory Organization’s
                                                    only one method. The Commission will                         Pursuant to section 19(b)(1) of the                 Statement of the Purpose of, and the
                                                    post all comments on the Commission’s                     Securities Exchange Act of 1934 (the                   Statutory Basis for, the Proposed Rule
                                                    Internet Web site http://www.sec.gov/                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Change
                                                    rules/sro.shtml. Copies of the                            notice is hereby given that on February
                                                    submission, all subsequent                                26, 2016, Bats BZX Exchange, Inc.                      1. Purpose
                                                    amendments, all written statements                        f/k/a BATS Exchange, Inc. (the                            The Exchange, on behalf of its Parent,
                                                    with respect to the proposed rule                         ‘‘Exchange’’ or ‘‘BZX’’) filed with the                recently filed to change the Parent’s
                                                    change that are filed with the                            Securities and Exchange Commission                     legal name from ‘‘BATS Global Markets,
                                                    Commission, and all written                               (‘‘Commission’’) the proposed rule                     Inc.’’ to ‘‘Bats Global Markets, Inc.’’ 5
                                                    communications relating to the                            change as described in Items I, II and III             For the purposes of consistency, certain
                                                    proposed rule change between the                          below, which Items have been prepared                  of the Parent’s subsidiaries have also
                                                    Commission and any person, other than                     by the Exchange. The Exchange has                      undertaken to change their legal names.
                                                    those that may be withheld from the                       designated this proposal as one being                  As a result, the Exchange also proposes
                                                    public in accordance with the                             concerned solely with the                              to change its name from BATS
                                                    provisions of 5 U.S.C. 552, will be                       administration of the Exchange                         Exchange, Inc. to Bats BZX Exchange,
                                                    available for Web site viewing and                        pursuant to section 19(b)(3)(A)(iii) of the            Inc. throughout its rules and corporate
                                                    printing in the Commission’s Public                       Act 3 and Rule 19b–4(f)(3) thereunder,4                documents (collectively, with the other
                                                    Reference Room, 100 F Street NE.,                         which renders the proposal effective                   legal name changes for the Parent and
                                                                                                              upon filing with the Commission. The                   certain of its subsidiaries, the ‘‘name
                                                    Washington, DC 20549, on official
                                                                                                              Commission is publishing this notice to                changes’’).6 Therefore, the Exchange
                                                    business days between the hours of
                                                                                                              solicit comments on the proposed rule                  proposes to amend its: (i) Rulebook; (ii)
                                                    10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                              change from interested persons.                        fee schedules applicable to its equity
                                                    filing also will be available for                                                                                and options platforms issued pursuant
                                                    inspection and copying at the principal                   I. Self-Regulatory Organization’s                      to Exchange Rules 15.1(a) and (c) (‘‘Fee
                                                    office of Nasdaq. All comments received                   Statement of the Terms of Substance of                 Schedules’’); (iii) Certificate of
                                                    will be posted without change; the                        the Proposed Rule Change                               Incorporation (‘‘Certificate’’); and (iv)
                                                    Commission does not edit personal                                                                                Third Amended and Restated Bylaws of
                                                    identifying information from                                 The Exchange is proposing a rule
                                                                                                              change to amend its rules as well as                   the Exchange (‘‘Bylaws’’) (collectively,
                                                    submissions. You should submit only                                                                              the ‘‘Operative Documents’’) to reflect
                                                                                                              certain corporate documents of the
                                                    information that you wish to make                                                                                the name change and to replace all
                                                                                                              Exchange to reflect a legal name change
                                                    available publicly. All submissions                                                                              references to ‘‘BATS’’ with ‘‘Bats’’.
                                                                                                              by the Exchange’s ultimate parent
                                                    should refer to File Number SR–                                                                                     The Exchange proposes to replace all
                                                                                                              entity, BATS Global Markets, Inc. (the
                                                    NASDAQ–2016–028 and should be                                                                                    references to BATS with Bats
                                                                                                              ‘‘Parent’’) to Bats Global Markets, Inc.,
                                                    submitted on or before April 1, 2016.                                                                            throughout the Exchange’s Rulebook
                                                                                                              and the legal names of certain of the
                                                                                                                                                                     and Fee Schedule. The Exchange
                                                      For the Commission, by the Division of                  Parent’s subsidiaries. As a result of this
                                                                                                                                                                     understands that its affiliated Exchanges
                                                    Trading and Markets, pursuant to delegated                change, the Exchange also proposes to
                                                    authority.24
                                                                                                                                                                     also intend to file similar proposed rule
                                                                                                              amend its rules to change its name from
                                                                                                                                                                     changes with the Commission to amend
                                                    Robert W. Errett,                                         BATS Exchange, Inc. to Bats BZX
                                                                                                                                                                     their exchange names.7 Therefore, the
                                                    Deputy Secretary.                                         Exchange, Inc.
                                                    [FR Doc. 2016–05432 Filed 3–10–16; 8:45 am]                  The text of the proposed rule change                   5 See Securities Exchange Act Release No. 77155

                                                                                                              is available at the Exchange’s Web site                (February 17, 2016) (SR–BATS–2016–10).
                                                    BILLING CODE 8011–01–P
                                                                                                                                                                        6 The Exchange initially filed the proposed fee
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                              at www.batstrading.com, at the
                                                                                                                                                                     [sic] change on February 19, 2016 (SR–BATS–2016–
                                                                                                              principal office of the Exchange, and at               21). On February 26, 2016, the Exchange withdrew
                                                                                                              the Commission’s Public Reference                      that filing and submitted this filing.
                                                                                                              Room.                                                     7 The Exchange’s affiliates are EDGA Exchange,

                                                                                                                                                                     Inc., BATS Y-Exchange, Inc. and EDGX Exchange,
                                                                                                                1 15
                                                                                                                                                                     Inc. The Exchange understands that proposed rule
                                                                                                                     U.S.C. 78s(b)(1).                               changes are to be filed by each of its affiliates to
                                                                                                                2 17 CFR 240.19b–4.                                  amend their names as follows: EDGA Exchange, Inc.
                                                                                                                3 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                                                                                     would be changed to Bats EDGA Exchange, Inc.,
                                                      24 17   CFR 200.30–3(a)(12).                              4 17 CFR 240.19b–4(f)(3).                            BATS Y-Exchange, Inc. would be amended to Bats



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                                                                                    Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices                                                      12997

                                                    Exchange proposes to amend the                          Procedures), Rule 21.8 (Order Display                 Orders’’, ‘‘BZX Only Orders’’, and
                                                    following rules to reflect the name                     and Booking Process), Rule 21.9 (Order                ‘‘BZX-listed securities’’, respectively.8
                                                    changes, including the expected filings                 Routing), Rule 21.12 (Clearing Member                    In addition to these changes, the
                                                    by its affiliates to amend their names:                 Give Up), Rule 21.13 (Submission for                  Exchange proposes to modify its Fee
                                                    Rule 1.5 (Definitions), Rule 2.3 (Member                Clearance), Rule 21.14 (Message Traffic
                                                                                                                                                                  Schedules to reflect the name change of
                                                    Eligibility), Rule 2.10 (Affiliation                    Mitigation), Rule 22.1 (Customer Orders
                                                                                                                                                                  the Exchange to Bats BZX Exchange 9
                                                    Between Exchange and a Member), Rule                    and Order Entry Firms), Rule 22.2
                                                    2.11 (BATS Trading, Inc. as Outbound                                                                          and to change all references to ‘‘BATS’’
                                                                                                            (Options Market Maker Registration),
                                                    Router), Rule 2.12 (BATS Trading, Inc.                                                                        to instead refer to ‘‘Bats’’. The Exchange
                                                                                                            Rule 22.5 (Obligations of Market
                                                    as Inbound Router), Rule 8.15                                                                                 also proposes on its Fee Schedule to
                                                                                                            Makers), Rule 22.6 (Market Maker
                                                    (Imposition of Fines for Minor                          Quotations), Rule 22.7 (Securities                    refer to its affiliate, Bats BYX Exchange,
                                                    Violation(s) of Rules), Rule 11.1 (Hours                Accounts and Orders of Market Makers),                Inc. (as proposed to be re-named),
                                                    of Trading and Trading Days), Rule 11.8                 Rule 22.8 (Letters of Guarantee), Rule                simply as ‘‘BYX’’. The Exchange
                                                    (Obligations of Market Makers), Rule                    22.12 (Order Exposure Requirements),                  believes that this is more consistent
                                                    11.9 (Orders and Modifiers), Rule 11.12                 Rule 23.1 (Exercise of Options                        with other references on the Fee
                                                    (Priority of Orders), Rule 11.13 (Order                 Contracts), Rule 24.2 (Reports of                     Schedule, such as the general references
                                                    Execution and Routing), Rule 11.14                      Uncovered Short Positions), Rule 25.1                 to ‘‘EDGA’’, which refer to the
                                                    (Trade Execution and Reporting), Rule                   (Suspensions), Rule 25.2 (Contracts of                Exchange’s affiliate, Bats EDGA
                                                    11.18 (Trading Halts Due to                             Suspended Members), Rule 25.3                         Exchange, Inc. (as proposed to be re-
                                                    Extraordinary Market Volatility), Rule                  (Penalty for Minor Rule Violations),                  named). Finally, the Exchange proposes
                                                    11.22 (Data Products), Rule 11.23                       Rule 26.5 (Discretionary Accounts),                   to replace the term ‘‘Non-BATS Market
                                                    (Auctions), Rule 11.24 (Opening Process                 Rule 28.1 (General Rule), Rule 28.4                   Maker’’ with ‘‘Away Market Maker’’
                                                    for Non-BATS-Listed Securities), Rule                   (Margin Required is Minimum), Rule                    (rather than changing the capitalization
                                                    11.26 (Usage of Data Feeds), Rule 13.8                  29.2 (Definitions), Rule 29.3                         of ‘‘Non-BATS’’ to ‘‘Non-Bats’’), which
                                                    (BATS Connect), Rule 14.3 (General                      (Designation of a Broad-Based Index),                 is consistent with the terminology used
                                                    Procedures and Prerequisites for Initial                Rule 29.4 (Dissemination of                           on the fee schedule of EDGX Options,
                                                    and Continued Listing on the                            Information), Rule 29.5 (Position Limits              which is the options platform operated
                                                    Exchange), Rule 14.11 (Other                            for Broad-Based Index Options), Rule                  by Bats EDGX Exchange, Inc. (as
                                                    Securities), Rule 16.1 (Definitions), Rule              29.6 (Designation of Narrow-Based and                 proposed to be renamed).10
                                                    16.2 (Applicability), Rule 17.1 (Options                Micro-Narrow-Based Index Options),                       The Exchange also proposes to amend
                                                    Participation), Rule 17.2 (Requirements                 Rule 29.7 (Position Limits for Narrow-                Article First of the Certificate to change
                                                    for Options Participation), Rule 17.4                   Based and Micro-Narrow-Based Index                    the name of the Exchange to Bats BZX
                                                    (Good Standing For Options Members),                    Options), Rule 29.8 (Exemptions from                  Exchange, Inc. and make conforming
                                                    Rule 18.2 (Conduct and Compliance                       Position Limits), Rule 29.10 (Trading
                                                    with the Rules), Rule 18.4 (Prevention of                                                                     changes throughout, including the title
                                                                                                            Sessions), Rule 29.11 (Terms of Index                 of the Certificate. The Exchange
                                                    the Misuse of Material Nonpublic                        Options Contracts), and Rule 29.12
                                                    Information), Rule 18.6 (Other                                                                                proposes to amend the Bylaws to amend
                                                                                                            (Debit Put Spread Cash Account                        the title to reflect that the Bylaws will
                                                    Restrictions on Members), Rule 18.7                     Transactions). Throughout these rules,
                                                    (Position Limits), Rule 18.8 (Exemptions                                                                      be titled the ‘‘FOURTH AMENDED AND
                                                                                                            the Exchange proposes the following                   RESTATED BYLAWS OF BATS BZX
                                                    from Position Limits), Rule 18.9                        changes:
                                                    (Exercise Limits), Rule 18.11                                                                                 EXCHANGE, INC.’’ The Exchange also
                                                                                                               • All references to ‘‘BATS Exchange’’,             proposes to amend Article I, paragraph
                                                    (Liquidation Positions), Rule 18.12
                                                                                                            ‘‘BATS EXCHANGE’’ and ‘‘BATS                          (f) and Article XI, section 2 to reflect the
                                                    (Other Restrictions on Options
                                                                                                            EXCHANGE, INC.’’ are proposed to be                   name changes.
                                                    Transactions and Exercises), Rule 18.14
                                                                                                            changed to ‘‘Bats BZX Exchange, Inc.’’;
                                                    Limit on Outstanding Uncovered Short                                                                            The name change from BATS
                                                    Positions), Rule 19.1 (Designation of                      • All references to ‘‘BATS’’ are                   Exchange, Inc. to Bats BZX Exchange,
                                                    Securities), Rule 19.3 (Criteria for                    proposed to be changed to ‘‘Bats’’ or                 Inc. is a non-substantive change. No
                                                    Underlying Securities), Rule 19.4                       ‘‘Exchange’’;                                         changes to the ownership or structure of
                                                    (Withdrawal of Approval of Underlying                      • All references to ‘‘BATS Y-                      the Exchange or BATS Global Markets,
                                                    Securities), Rule 19.6 (Series of Options               Exchange, Inc.’’ are proposed to be                   Inc. have taken place.
                                                    Contracts Open for Trading), Rule 20.1                  changed to ‘‘Bats BYX Exchange, Inc.’’;
                                                    (Access to and Conduct on the BATS                                                                            2. Statutory Basis
                                                                                                               • All references to ‘‘EDGX Exchange,
                                                    Options Market), Rule 20.2
                                                                                                            Inc.’’ are proposed to be changed to                     8 The Exchange notes that ‘‘BATS’’ is
                                                    (Surveillance), Rule 20.3 (Trading
                                                                                                            ‘‘Bats EDGX Exchange, Inc.’’;                         synonymous with ‘‘BZX’’. For example, Rule
                                                    Halts), Rule 20.5 (Unusual Market                                                                             11.22(k) is titled ‘‘BZX Book Viewer’’ and described
                                                    Conditions), Rule 20.6 (Nullification                      • All references to ‘‘EDGA Exchange,               a market data product offered by the Exchange. In
                                                    and Adjustment of Options Transactions                  Inc.’’ are proposed to be changed to                  addition, the Fee Schedule also includes BZX in the
                                                    including Obvious Errors), Rule 20.7                    ‘‘Bats EDGA Exchange, Inc.’’;                         title of the Exchange’s market data products. The
                                                                                                                                                                  Exchange does not propose to amend the names of
                                                    (Audit Trail), Rule 20.8 (Failure to Pay                   • All references to ‘‘BATS Options’’               these products.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Premium), Rule 21.1 (Definitions), Rule                 are proposed to be changed to ‘‘BZX                      9 The Exchange notes that the Exchange will
                                                    21.2 (Days and Hours of Business), Rule                 Options’’.                                            continue to be referred to as ‘‘BZX’’ in certain areas
                                                    21.3 (Units of Trading), Rule 21.4                                                                            of the Fee Schedules. These areas of the Fee
                                                                                                               • All references to ‘‘BATS Book’’,                 Schedules are: (i) The Fee Codes and Associated
                                                    (Meaning of Premium Quotes and
                                                                                                            ‘‘BATS market orders’’, ‘‘BATS Post                   Fees table; (ii) footnote 6; (ii) footnote 7; (iii) the
                                                    Orders), Rule 21.5 (Minimum
                                                                                                            Only Orders’’, ‘‘BATS Only Orders’’,                  Bats Connect pricing table; and (iv) in the Unicast
                                                    Increments), Rule 21.7 (Market Opening                                                                        Access—Order Entry section of its Fee Schedule.
                                                                                                            and ‘‘BATS-listed securities’’ are                       10 See EDGX Options fee schedule, available at:

                                                    BYX Exchange, Inc., and EDGX Exchange, Inc.
                                                                                                            proposed to be changed to ‘‘BZX Book’’,               http://www.batsoptions.com/support/fee_schedule/
                                                    would be amended to Bats EDGX Exchange, Inc.            ‘‘BZX market orders’’, ‘‘BZX Post Only                edgx/.



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                                                    12998                            Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices

                                                       The Exchange believes that its                        foregoing proposed rule change has                       inspection and copying at the principal
                                                    proposal is consistent with section 6(b)                 become effective pursuant to section                     office of the Exchange. All comments
                                                    of the Act,11 in general, and furthers the               19(b)(3)(A)(iii) of the Ac 14 and Rule                   received will be posted without change;
                                                    objectives of section 6(b)(5) of the Act,12              19b–4(f)(3) thereunder.15                                the Commission does not edit personal
                                                    in particular, in that it is designed to                    At any time within 60 days of the                     identifying information from
                                                    promote just and equitable principles of                 filing of the proposed rule change, the                  submissions. You should submit only
                                                    trade, to remove impediments to and                      Commission summarily may                                 information that you wish to make
                                                    perfect the mechanism of a free and                      temporarily suspend such rule change if
                                                                                                                                                                      available publicly. All submissions
                                                    open market and a national market                        it appears to the Commission that such
                                                                                                             action is: (1) Necessary or appropriate in               should refer to File Number SR–BATS–
                                                    system, and, in general to protect
                                                                                                             the public interest; (2) for the protection              2016–25, and should be submitted on or
                                                    investors and the public interest. The
                                                                                                             of investors; or (3) otherwise in                        before April 1, 2016.
                                                    Exchange also believes that the
                                                    proposed rule change is consistent with                  furtherance of the purposes of the Act.                    For the Commission, by the Division of
                                                    section 6(b)(1) of the Act 13 in that it is              If the Commission takes such action, the                 Trading and Markets, pursuant to delegated
                                                    designed to continue to ensure that the                  Commission shall institute proceedings                   authority.16
                                                    Exchange is so organized and has the                     to determine whether the proposed rule                   Robert W. Errett,
                                                    capacity to carry out the purposes of Act                should be approved or disapproved.                       Deputy Secretary.
                                                    and to comply, and enforce compliance                    IV. Solicitation of Comments                             [FR Doc. 2016–05438 Filed 3–10–16; 8:45 am]
                                                    by its members with the provisions of
                                                    the Act and the rules and regulations                      Interested persons are invited to                      BILLING CODE 8011–01–P

                                                    thereunder, and rules of the Exchange.                   submit written data, views, and
                                                    The Exchange is proposing amendments                     arguments concerning the foregoing,
                                                                                                             including whether the proposed rule                      SECURITIES AND EXCHANGE
                                                    to the Operative Documents to
                                                                                                             change is consistent with the Act.                       COMMISSION
                                                    effectuate its name change to Bats BZX
                                                    Exchange, Inc. and to reflect the name                   Comments may be submitted by any of
                                                    changes of its affiliates. These changes                 the following methods:                                   [Release No. 34–77302; File No. SR–NYSE–
                                                    are limited to capitalization and                                                                                 2016–13]
                                                                                                             Electronic Comments
                                                    ministerial name changes and to reflect                    • Use the Commission’s Internet                        Self-Regulatory Organizations; New
                                                    similar proposed rule changes to be                      comment form (http://www.sec.gov/
                                                    submitted to the Commission by the                                                                                York Stock Exchange LLC; Notice of
                                                                                                             rules/sro.shtml); or                                     Filing of Proposed Rule Change, as
                                                    Exchange’s affiliates. The Exchange                        • Send an email to rule-comments@
                                                    believes that the changes will protect                                                                            Modified by Amendment No. 1,
                                                                                                             sec.gov. Please include File Number SR–
                                                    investors and the public interest by                                                                              Establishing Procedures for the
                                                                                                             BATS–2016–25 on the subject line.
                                                    eliminating confusion that may exist                                                                              Allocation of Cages to Its Co-Located
                                                    because of differences between its                       Paper Comments                                           Users, Including the Waiver of Certain
                                                    corporate name and the new naming                           • Send paper comments in triplicate                   Fees, and To Amend the Visitor
                                                    conventions of the Parent and its                        to Secretary, Securities and Exchange                    Security Escort Requirements and Fee
                                                    subsidiaries, including the Exchange.                    Commission, 100 F Street NE.,
                                                                                                             Washington, DC 20549–1090.                               March 7, 2016.
                                                    B. Self-Regulatory Organization’s
                                                                                                             All submissions should refer to File                        Pursuant to section 19(b)(1) 1 of the
                                                    Statement on Burden on Competition
                                                                                                             Number SR–BATS–2016–25. This file                        Securities Exchange Act of 1934 (the
                                                      Because the rule change proposes                       number should be included on the                         ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                    ministerial changes related to the                       subject line if email is used. To help the               notice is hereby given that, on February
                                                    administration, and not the governance                   Commission process and review your                       23, 2016, New York Stock Exchange
                                                    or operation, of the Exchange, the                       comments more efficiently, please use                    LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
                                                    Exchange does not believe that the                       only one method. The Commission will                     with the Securities and Exchange
                                                    proposed rule change will impose any                     post all comments on the Commission’s
                                                    burden on competition not necessary or                                                                            Commission (the ‘‘Commission’’) the
                                                                                                             Internet Web site (http://www.sec.gov/                   proposed rule change as described in
                                                    appropriate in furtherance of the                        rules/sro.shtml). Copies of the
                                                    purposes of the Act.                                                                                              Items I and II below, which Items have
                                                                                                             submission, all subsequent                               been prepared by the self-regulatory
                                                    C. Self-Regulatory Organization’s                        amendments, all written statements                       organization. On March 1, 2016, the
                                                    Statement on Comments on the                             with respect to the proposed rule                        Exchange filed Amendment No. 1 to the
                                                    Proposed Rule Change Received From                       change that are filed with the                           proposed rule change.4 The Commission
                                                    Members, Participants, or Others                         Commission, and all written
                                                                                                                                                                      is publishing this notice to solicit
                                                      The Exchange has not solicited, and                    communications relating to the
                                                                                                                                                                      comments on the proposed rule change,
                                                    does not intend to solicit, comments on                  proposed rule change between the
                                                                                                             Commission and any person, other than                    as modified by Amendment No. 1, from
                                                    this proposed rule change. The                                                                                    interested persons.
                                                    Exchange has not received any                            those that may be withheld from the
                                                    unsolicited written comments from                        public in accordance with the
                                                    Members or other interested parties.                     provisions of 5 U.S.C. 552, will be                        16 17 CFR 200.30–3(a)(12).
                                                                                                             available for Web site viewing and                         1 15 U.S.C. 78s(b)(1).
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    III. Date of Effectiveness of the                        printing in the Commission’s Public                        2 15 U.S.C. 78a.

                                                    Proposed Rule Change and Timing for                      Reference Room, 100 F Street NE.,                          3 17 CFR 240.19b–4.
                                                                                                                                                                        4 In Amendment No. 1, the Exchange clarified the
                                                    Commission Action                                        Washington, DC 20549, on official                        proposal to specify that the visitor escort fee is
                                                       Because it is concerned solely with                   business days between the hours of                       equitable because all Users of the Exchange’s Data
                                                    the administration of the Exchange, the                  10:00 a.m. and 3:00 p.m. Copies of the                   Center would be charged the same fee. The
                                                                                                             filing also will be available for                        Exchange also clarified the proposal to specify that
                                                                                                                                                                      while an individual User is on the waitlist for a
                                                      11 15 U.S.C. 78f.                                                                                               cabinet, it will be granted a fee waiver for 2 bundles
                                                      12 15 U.S.C. 78f(b)(5).                                  14 15   U.S.C. 78s(b)(3)(A)(iii).                      of 24 cross connects to be used to connect that
                                                      13 15 U.S.C. 78f(b)(1).                                  15 17   CFR 240.19b–4(f)(3).                           User’s non-contiguous cabinets.



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Document Created: 2016-03-11 01:51:09
Document Modified: 2016-03-11 01:51:09
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 12996 

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