81_FR_20777 81 FR 20709 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Changes in Connection With the Operation of the Exchange's Equity Options Platform

81 FR 20709 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Changes in Connection With the Operation of the Exchange's Equity Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 68 (April 8, 2016)

Page Range20709-20711
FR Document2016-08044

Federal Register, Volume 81 Issue 68 (Friday, April 8, 2016)
[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Notices]
[Pages 20709-20711]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08044]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77509; File No. SR-BatsBZX-2016-02]


Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Changes in 
Connection With the Operation of the Exchange's Equity Options Platform

April 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 March 24, 2016, Bats BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 21.15, Data 
Dissemination, in connection with the operation BZX Options, as 
described below. In connection with this change the Exchange also 
proposes to adopt definitions of ``Priority Customer'' and ``Priority 
Customer Order'' in Rule 16.1. Finally, the Exchange also proposes a 
related change to Rule 20.6.
    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

[[Page 20710]]

statements may be examined at the places specified in Item IV below. 
The Exchange has prepared summaries, set forth in Sections A, B, and C 
below, of the most significant parts of such statements.

(A) Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to modify Rule 21.15, Data Dissemination, 
which sets forth information regarding quotations and data feeds 
provided by BZX Options. Specifically, the Exchange proposes to adopt 
new paragraph (c) to provide information regarding the existence of 
Priority Customer interest on the BZX order book (``BZX Book''). In 
connection with this change the Exchange also proposes to adopt 
definitions of ``Priority Customer'' and ``Priority Customer Order'' in 
Rule 16.1. Finally, the Exchange also proposes a related change to Rule 
20.6.
    As proposed, the Exchange will make available to all market 
participants through the Options Price Reporting Authority (``OPRA'') 
an indication that there is Priority Customer interest included in the 
best bid or offer (``BBO'') disseminated by the Exchange. Further, the 
Exchange will identify Priority Customer orders and trades as such on 
messages disseminated by the Exchange through its Multicast PITCH data 
feed. The proposed rule is similar to and based on Rule 21.15(c) of the 
Exchange's affiliated options exchange, the options platform operated 
by Bats EDGX Exchange, Inc. (``EDGX Options'').
    The Exchange notes that EDGX Options Rule 21.15(c) is identical to 
the proposed rule with the exception that EDGX Options Rule 21.15(c) 
currently refers to Customers, which term also includes broker-dealers 
and Public Customers, rather than Priority Customers as proposed by the 
Exchange. The Exchange notes that simultaneous with this proposal, Bats 
EDGX Exchange, Inc. is filing a proposal to modify Rule 21.15 to change 
the reference in such rule to ``Priority Customer'' and to adopt 
definitions of ``Priority Customer'' and ``Priority Customer Order.'' 
\5\
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    \5\ See SR-BatsEDGX-2016-03, available at: http://www.batstrading.com/regulation/rule_filings/edgx/.
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    In addition to the change described above, the Exchange proposes to 
adopt definitions of ``Priority Customer'' and ``Priority Customer 
Order'' in Rule 16.1 and to use such defined terms in proposed Rule 
21.15(c). As proposed, a Priority Customer would mean any person or 
entity that is not: (A) a broker or dealer in securities; or (B) a 
Professional.\6\ In turn, a Priority Customer Order would means an 
order for the account of a Priority Customer. The proposed definitions 
are similar to and based on the definitions of the same terms set forth 
in MIAX Rule 100. The Exchange proposes to adopt these new definitions 
in new paragraph (a)(45) and to re-number existing paragraphs (a)(45) 
through (a)(47) as paragraphs (a)(46) through (a)(48). In addition, 
because the defined term ``Public Customer Order'' is not currently 
utilized in Exchange Rules, the Exchange proposes to delete this 
definition, which is currently contained in paragraph (a)(48).
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    \6\ Pursuant to Rule 16.1(a)(45) (proposed to be renumbered as 
16.1(a)(46)), the Exchange defines a ``Professional'' as any person 
or entity that (A) is not a broker or dealer in securities, and (B) 
places more than 390 orders in listed options per day on average 
during a calendar month for its own beneficial account(s).
---------------------------------------------------------------------------

    The Exchange proposes to adopt the definition of Priority Customer 
to exclude both broker-dealers and Professionals. This change is 
consistent with the Exchange's fee schedule, which already excludes 
Professionals from the definition of the term Customer for purposes of 
pricing on the Exchange.\7\
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    \7\ See the BZX Options fee schedule available at: http://www.batsoptions.com/support/fee_schedule/bzx. As defined on the fee 
schedule, a ``Customer'' is synonymous with the proposed term 
Priority Customer in the Exchange's Rules as the definition excludes 
both broker dealers and Professionals as defined in BZX Rule 16.1.
---------------------------------------------------------------------------

    In addition to the proposed changes described above, the Exchange 
also proposes to modify Rule 20.6(a)(1) to use the defined term of 
``Professional'' rather than the term ``Professional Customer,'' which 
is not defined in Rule 16.1.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the 
requirements of the Act and the rules and regulations thereunder that 
are applicable to a national securities exchange, and, in particular, 
with the requirements of Section 6(b) of the Act.\8\ In particular, the 
proposal is consistent with Section 6(b)(5) of the Act \9\ because it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, 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 proposed 
rule change will allow the Exchange to provide information that is 
provided by other options exchanges.\10\ Equivalent information from 
the Exchange will enable market participants to participate on the 
Exchange in the same way that they participate on other options 
exchanges. In particular, the indication that Priority Customer 
interest exists on the BZX Book might increase the likelihood of 
executions for such orders. As set forth above, proposed Exchange Rule 
21.15(c) is based on EDGX Rule 21.15(c) and will be identical to such 
rule following a modification by EDGX Options to instead use the term 
Priority Customer rather than Customer. Further, the definitions of 
Priority Customer and Priority Customer Order are similar to and based 
on the definitions of the same terms set forth in MIAX Rule 100.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ See EDGX Rule 21.15; see also MIAX Rule 506(c); Securities 
Exchange Act Release No. 62399 (June 28, 2010), 75 FR 38587 (July 2, 
2010) (SR-ISE-2010-34) (Order Approving Proposed Rule Change to Fees 
for the ISE Order Feed) (describing that information is contained on 
individual limit orders indicating whether such orders are customer 
orders).
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change 
does not introduce any burden on competition, but rather, would allow 
the Exchange to provide information provided by other option exchanges 
regarding the existence of customer interest on the order book.\11\ 
Similarly, the proposed definitions of Priority Customer and Priority 
Customer Order would align the Exchange's rules more closely with those 
of other options exchanges.
---------------------------------------------------------------------------

    \11\ See id.
---------------------------------------------------------------------------

(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 written comments from members or other interested parties.

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

    Because the proposed rule change does not: (i) Significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become

[[Page 20711]]

operative for 30 days from the date on which it was filed, or such 
shorter time as the Commission may designate, the proposed rule change 
has become effective pursuant to Section 19(b)(3)(A) of the Act \12\ 
and Rule 19b-4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to 
give the Commission written notice of the Exchange's intent to file 
the proposed rule change, along with a brief description and text of 
the proposed rule change, at least five business days prior to the 
date of filing of the proposed rule change, or such shorter time as 
designated by the Commission. The Exchange has satisfied this 
requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) under the Act 
\14\ normally does not become operative for 30 days after the date of 
filing. However, Rule 19b-4(f)(6)(iii) \15\ permits the Commission to 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposal 
may become operative immediately upon filing. The Commission believes 
that waiver of the 30-day operative delay is appropriate because it 
will allow the Exchange to immediately begin providing information 
regarding the existence of a Priority Customer on the order book that 
is similar to information provided by other options exchanges. The 
Commission also believes that it is appropriate for the Exchange to 
adopt definitions of Priority Customer and Priority Customer Order as 
they are similar to and based on MIAX Rule 100. Accordingly, the 
proposed definitions are similar to existing rules of other options 
exchanges and do not raise any new policy issues. Based on the 
foregoing, the Commission believes that waiving the 30-day operative 
delay is consistent with the protection of investors and the public 
interest.\16\ The Commission hereby grants the Exchange's request and 
designates the proposal operative upon filing.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule 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-BatsBZX-2016-02 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-BatsBZX-2016-02. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BatsBZX-2016-02 and should 
be submitted on or before April 29, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-08044 Filed 4-7-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Notices                                              20709

                                                  whether the amount of securities                        board of directors or trustees of each                SECURITIES AND EXCHANGE
                                                  purchased by the Fund, or its respective                Investing Management Company                          COMMISSION
                                                  Master Fund, in Affiliated                              including a majority of the disinterested
                                                                                                                                                                [Release No. 34–77509; File No. SR–
                                                  Underwritings and the amount                            directors or trustees, will find that the             BatsBZX–2016–02]
                                                  purchased directly from an                              advisory fees charged under such
                                                  Underwriting Affiliate have changed                     contract are based on services provided               Self-Regulatory Organizations; Bats
                                                  significantly from prior years. The                     that will be in addition to, rather than              BZX Exchange, Inc.; Notice of Filing
                                                  Board will take any appropriate actions                 duplicative of, the services provided                 and Immediate Effectiveness of
                                                  based on its review, including, if                      under the advisory contract(s) of any                 Proposed Rule Changes in Connection
                                                  appropriate, the institution of                                                                               With the Operation of the Exchange’s
                                                                                                          Fund, or its respective Master Fund, in
                                                  procedures designed to ensure that                                                                            Equity Options Platform
                                                                                                          which the Investing Management
                                                  purchases of securities in Affiliated
                                                  Underwritings are in the best interest of               Company may invest. These findings                    April 4, 2016.
                                                  shareholders of the Fund.                               and their basis will be fully recorded in                Pursuant to Section 19(b)(1) of the
                                                     8. Each Fund, or its respective Master               the minute books of the appropriate                   Securities Exchange Act of 1934 (the
                                                  Fund, will maintain and preserve                        Investing Management Company.                         ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  permanently in an easily accessible                       11. Any sales charges and/or service                notice is hereby given that on March 24,
                                                  place a written copy of the procedures                  fees charged with respect to shares of a              2016, Bats BZX Exchange, Inc. (the
                                                  described in the preceding condition,                   Fund of Funds will not exceed the                     ‘‘Exchange’’ or ‘‘BZX’’) filed with the
                                                  and any modifications to such                           limits applicable to a fund of funds as               Securities and Exchange Commission
                                                  procedures, and will maintain and                       set forth in NASD Conduct Rule 2830.                  (‘‘Commission’’) the proposed rule
                                                  preserve for a period of not less than six                                                                    change as described in Items I and II
                                                  years from the end of the fiscal year in                  12. No Fund, or its respective Master
                                                                                                                                                                below, which Items have been prepared
                                                  which any purchase in an Affiliated                     Fund, will acquire securities of an
                                                                                                                                                                by the Exchange. The Exchange has
                                                  Underwriting occurred, the first two                    investment company or company                         designated this proposal as a ‘‘non-
                                                  years in an easily accessible place, a                  relying on section 3(c)(1) or 3(c)(7) of              controversial’’ proposed rule change
                                                  written record of each purchase of                      the Act in excess of the limits contained             pursuant to Section 19(b)(3)(A) of the
                                                  securities in Affiliated Underwritings                  in section 12(d)(1)(A) of the Act, except             Act 3 and Rule 19b–4(f)(6)(iii)
                                                  once an investment by a Fund of Funds                   to the extent (i) the Fund, or its                    thereunder,4 which renders it effective
                                                  in the securities of the Fund exceeds the               respective Master Fund, acquires                      upon filing with the Commission. The
                                                  limit of section 12(d)(1)(A)(i) of the Act,             securities of another investment                      Commission is publishing this notice to
                                                  setting forth from whom the securities                  company pursuant to exemptive relief                  solicit comments on the proposed rule
                                                  were acquired, the identity of the                      from the Commission permitting the                    change from interested persons.
                                                  underwriting syndicate’s members, the                   Fund, or its respective Master Fund, to
                                                  terms of the purchase, and the                                                                                I. Self-Regulatory Organization’s
                                                                                                          acquire securities of one or more
                                                  information or materials upon which                                                                           Statement of the Terms of Substance of
                                                                                                          investment companies for short-term
                                                  the Board’s determinations were made.                                                                         the Proposed Rule Change
                                                                                                          cash management purposes, (ii) the
                                                     9. Before investing in a Fund in                                                                              The Exchange filed a proposal to
                                                                                                          Fund acquires securities of the Master
                                                  excess of the limit in section                                                                                amend Rule 21.15, Data Dissemination,
                                                                                                          Fund pursuant to the Master-Feeder
                                                  12(d)(1)(A), a Fund of Funds and the                                                                          in connection with the operation BZX
                                                  Trust will execute a FOF Participation                  Relief, or (iii) the Fund invests in a
                                                                                                          Wholly-Owned Subsidiary that is a                     Options, as described below. In
                                                  Agreement stating, without limitation,                                                                        connection with this change the
                                                  that their respective boards of directors               wholly-owned and controlled
                                                                                                          subsidiary of the Fund (or its respective             Exchange also proposes to adopt
                                                  or trustees and their investment                                                                              definitions of ‘‘Priority Customer’’ and
                                                  advisers, or trustee and Sponsor, as                    Master Fund) as described in the
                                                                                                                                                                ‘‘Priority Customer Order’’ in Rule 16.1.
                                                  applicable, understand the terms and                    Application. Further, no Wholly-Owned
                                                                                                                                                                Finally, the Exchange also proposes a
                                                  conditions of the order, and agree to                   Subsidiary will acquire securities of any             related change to Rule 20.6.
                                                  fulfill their responsibilities under the                other investment company or company                      The text of the proposed rule change
                                                  order. At the time of its investment in                 relying on section 3(c)(1) or 3(c)(7) of              is available at the Exchange’s Web site
                                                  Shares of a Fund in excess of the limit                 the Act other than money market funds                 at www.batstrading.com, at the
                                                  in section 12(d)(1)(A)(i), a Fund of                    that comply with rule 2a–7 for short-                 principal office of the Exchange, and at
                                                  Funds will notify the Fund of the                       term cash management purposes.                        the Commission’s Public Reference
                                                  investment. At such time, the Fund of                                                                         Room.
                                                                                                            For the Commission, by the Division of
                                                  Funds will also transmit to the Fund a
                                                                                                          Investment Management, under delegated                II. Self-Regulatory Organization’s
                                                  list of the names of each Fund of Funds
                                                                                                          authority.                                            Statement of the Purpose of, and
                                                  Affiliate and Underwriting Affiliate. The
                                                  Fund of Funds will notify the Fund of                   Robert W. Errett,                                     Statutory Basis for, the Proposed Rule
                                                  any changes to the list of the names as                 Deputy Secretary.                                     Change
                                                  soon as reasonably practicable after a                  [FR Doc. 2016–08047 Filed 4–7–16; 8:45 am]              In its filing with the Commission, the
                                                  change occurs. The Fund and the Fund                    BILLING CODE 8011–01–P                                Exchange included statements
                                                  of Funds will maintain and preserve a                                                                         concerning the purpose of and basis for
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  copy of the order, the FOF Participation                                                                      the proposed rule change and discussed
                                                  Agreement, and the list with any                                                                              any comments it received on the
                                                  updated information for the duration of                                                                       proposed rule change. The text of these
                                                  the investment and for a period of not
                                                  less than six years thereafter, the first                                                                       1 15 U.S.C. 78s(b)(1).
                                                  two years in an easily accessible place.                                                                        2 17 CFR 240.19b–4.
                                                     10. Before approving any advisory                                                                            3 15 U.S.C. 78s(b)(3)(A).

                                                  contract under section 15 of the Act, the                                                                       4 17 CFR 240.19b–4(f)(6)(iii).




                                             VerDate Sep<11>2014   17:48 Apr 07, 2016   Jkt 238001   PO 00000   Frm 00104   Fmt 4703   Sfmt 4703   E:\FR\FM\08APN1.SGM   08APN1


                                                  20710                             Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Notices

                                                  statements may be examined at the                       Priority Customer would mean any                       public interest. The proposed rule
                                                  places specified in Item IV below. The                  person or entity that is not: (A) a broker             change will allow the Exchange to
                                                  Exchange has prepared summaries, set                    or dealer in securities; or (B) a                      provide information that is provided by
                                                  forth in Sections A, B, and C below, of                 Professional.6 In turn, a Priority                     other options exchanges.10 Equivalent
                                                  the most significant parts of such                      Customer Order would means an order                    information from the Exchange will
                                                  statements.                                             for the account of a Priority Customer.                enable market participants to participate
                                                                                                          The proposed definitions are similar to                on the Exchange in the same way that
                                                  (A) Self-Regulatory Organization’s
                                                                                                          and based on the definitions of the same               they participate on other options
                                                  Statement of the Purpose of, and
                                                                                                          terms set forth in MIAX Rule 100. The                  exchanges. In particular, the indication
                                                  Statutory Basis for, the Proposed Rule
                                                                                                          Exchange proposes to adopt these new                   that Priority Customer interest exists on
                                                  Change
                                                                                                          definitions in new paragraph (a)(45) and               the BZX Book might increase the
                                                  1. Purpose                                              to re-number existing paragraphs (a)(45)               likelihood of executions for such orders.
                                                     The Exchange is proposing to modify                  through (a)(47) as paragraphs (a)(46)                  As set forth above, proposed Exchange
                                                  Rule 21.15, Data Dissemination, which                   through (a)(48). In addition, because the              Rule 21.15(c) is based on EDGX Rule
                                                  sets forth information regarding                        defined term ‘‘Public Customer Order’’                 21.15(c) and will be identical to such
                                                  quotations and data feeds provided by                   is not currently utilized in Exchange                  rule following a modification by EDGX
                                                  BZX Options. Specifically, the Exchange                 Rules, the Exchange proposes to delete                 Options to instead use the term Priority
                                                  proposes to adopt new paragraph (c) to                  this definition, which is currently                    Customer rather than Customer. Further,
                                                  provide information regarding the                       contained in paragraph (a)(48).                        the definitions of Priority Customer and
                                                  existence of Priority Customer interest                    The Exchange proposes to adopt the                  Priority Customer Order are similar to
                                                  on the BZX order book (‘‘BZX Book’’).                   definition of Priority Customer to                     and based on the definitions of the same
                                                  In connection with this change the                      exclude both broker-dealers and                        terms set forth in MIAX Rule 100.
                                                  Exchange also proposes to adopt                         Professionals. This change is consistent
                                                                                                          with the Exchange’s fee schedule, which                (B) Self-Regulatory Organization’s
                                                  definitions of ‘‘Priority Customer’’ and                                                                       Statement on Burden on Competition
                                                  ‘‘Priority Customer Order’’ in Rule 16.1.               already excludes Professionals from the
                                                                                                          definition of the term Customer for                      The Exchange does not believe that
                                                  Finally, the Exchange also proposes a
                                                                                                          purposes of pricing on the Exchange.7                  the proposed rule change will impose
                                                  related change to Rule 20.6.
                                                     As proposed, the Exchange will make                     In addition to the proposed changes                 any burden on competition that is not
                                                  available to all market participants                    described above, the Exchange also                     necessary or appropriate in furtherance
                                                  through the Options Price Reporting                     proposes to modify Rule 20.6(a)(1) to                  of the purposes of the Act. The
                                                  Authority (‘‘OPRA’’) an indication that                 use the defined term of ‘‘Professional’’               proposed rule change does not
                                                  there is Priority Customer interest                     rather than the term ‘‘Professional                    introduce any burden on competition,
                                                  included in the best bid or offer                       Customer,’’ which is not defined in Rule               but rather, would allow the Exchange to
                                                  (‘‘BBO’’) disseminated by the Exchange.                 16.1.                                                  provide information provided by other
                                                  Further, the Exchange will identify                                                                            option exchanges regarding the
                                                                                                          2. Statutory Basis
                                                  Priority Customer orders and trades as                                                                         existence of customer interest on the
                                                                                                             The Exchange believes that its                      order book.11 Similarly, the proposed
                                                  such on messages disseminated by the                    proposal is consistent with the
                                                  Exchange through its Multicast PITCH                                                                           definitions of Priority Customer and
                                                                                                          requirements of the Act and the rules                  Priority Customer Order would align the
                                                  data feed. The proposed rule is similar                 and regulations thereunder that are
                                                  to and based on Rule 21.15(c) of the                                                                           Exchange’s rules more closely with
                                                                                                          applicable to a national securities                    those of other options exchanges.
                                                  Exchange’s affiliated options exchange,                 exchange, and, in particular, with the
                                                  the options platform operated by Bats                   requirements of Section 6(b) of the Act.8              (C) Self-Regulatory Organization’s
                                                  EDGX Exchange, Inc. (‘‘EDGX                             In particular, the proposal is consistent              Statement on Comments on the
                                                  Options’’).                                             with Section 6(b)(5) of the Act 9 because              Proposed Rule Change Received From
                                                     The Exchange notes that EDGX                                                                                Members, Participants or Others
                                                                                                          it is designed to prevent fraudulent and
                                                  Options Rule 21.15(c) is identical to the
                                                                                                          manipulative acts and practices, to                      The Exchange has not solicited, and
                                                  proposed rule with the exception that
                                                                                                          promote just and equitable principles of               does not intend to solicit, comments on
                                                  EDGX Options Rule 21.15(c) currently
                                                                                                          trade, to foster cooperation and                       this proposed rule change. The
                                                  refers to Customers, which term also
                                                                                                          coordination with persons engaged in                   Exchange has not received any written
                                                  includes broker-dealers and Public
                                                                                                          facilitating transactions in securities, to            comments from members or other
                                                  Customers, rather than Priority
                                                                                                          remove impediments to, and perfect the                 interested parties.
                                                  Customers as proposed by the Exchange.
                                                                                                          mechanism of, a free and open market
                                                  The Exchange notes that simultaneous                                                                           III. Date of Effectiveness of the
                                                                                                          and a national market system and, in
                                                  with this proposal, Bats EDGX                                                                                  Proposed Rule Change and Timing for
                                                                                                          general, to protect investors and the
                                                  Exchange, Inc. is filing a proposal to                                                                         Commission Action
                                                  modify Rule 21.15 to change the                            6 Pursuant to Rule 16.1(a)(45) (proposed to be         Because the proposed rule change
                                                  reference in such rule to ‘‘Priority                    renumbered as 16.1(a)(46)), the Exchange defines a     does not: (i) Significantly affect the
                                                  Customer’’ and to adopt definitions of                  ‘‘Professional’’ as any person or entity that (A) is   protection of investors or the public
                                                  ‘‘Priority Customer’’ and ‘‘Priority                    not a broker or dealer in securities, and (B) places
                                                                                                          more than 390 orders in listed options per day on      interest; (ii) impose any significant
                                                  Customer Order.’’ 5                                     average during a calendar month for its own            burden on competition; and (iii) become
                                                     In addition to the change described                  beneficial account(s).
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                                                  above, the Exchange proposes to adopt                      7 See the BZX Options fee schedule available at:       10 See EDGX Rule 21.15; see also MIAX Rule
                                                  definitions of ‘‘Priority Customer’’ and                http://www.batsoptions.com/support/fee_schedule/       506(c); Securities Exchange Act Release No. 62399
                                                  ‘‘Priority Customer Order’’ in Rule 16.1                bzx. As defined on the fee schedule, a ‘‘Customer’’    (June 28, 2010), 75 FR 38587 (July 2, 2010) (SR–
                                                                                                          is synonymous with the proposed term Priority          ISE–2010–34) (Order Approving Proposed Rule
                                                  and to use such defined terms in                        Customer in the Exchange’s Rules as the definition     Change to Fees for the ISE Order Feed) (describing
                                                  proposed Rule 21.15(c). As proposed, a                  excludes both broker dealers and Professionals as      that information is contained on individual limit
                                                                                                          defined in BZX Rule 16.1.                              orders indicating whether such orders are customer
                                                   5 See SR–BatsEDGX–2016–03, available at: http://          8 15 U.S.C. 78f(b).                                 orders).
                                                  www.batstrading.com/regulation/rule_filings/edgx/.         9 15 U.S.C. 78f(b)(5).                                 11 See id.




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                                                                                    Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Notices                                                20711

                                                  operative for 30 days from the date on                  to determine whether the proposed rule                  For the Commission, by the Division of
                                                  which it was filed, or such shorter time                should be approved or disapproved.                    Trading and Markets, pursuant to delegated
                                                  as the Commission may designate, the                                                                          authority.17
                                                  proposed rule change has become                         IV. Solicitation of Comments                          Robert W. Errett,
                                                  effective pursuant to Section 19(b)(3)(A)                                                                     Deputy Secretary.
                                                                                                            Interested persons are invited to
                                                  of the Act 12 and Rule 19b–4(f)(6)                      submit written data, views, and
                                                                                                                                                                [FR Doc. 2016–08044 Filed 4–7–16; 8:45 am]
                                                  thereunder.13                                                                                                 BILLING CODE 8011–01–P
                                                     A proposed rule change filed under                   arguments concerning the foregoing,
                                                  Rule 19b–4(f)(6) under the Act 14                       including whether the proposed rule
                                                  normally does not become operative for                  change is consistent with the Act.                    SECURITIES AND EXCHANGE
                                                  30 days after the date of filing. However,              Comments may be submitted by any of                   COMMISSION
                                                  Rule 19b–4(f)(6)(iii) 15 permits the                    the following methods:
                                                                                                                                                                [Release No. 34–77508; File No. SR–
                                                  Commission to designate a shorter time                  Electronic Comments                                   BatsEDGX–2016–03]
                                                  if such action is consistent with the
                                                  protection of investors and the public                    • Use the Commission’s Internet                     Self-Regulatory Organizations; Bats
                                                  interest. The Exchange has asked the                    comment form (http://www.sec.gov/                     EDGX Exchange, Inc.; Notice of Filing
                                                  Commission to waive the 30-day                          rules/sro.shtml); or                                  and Immediate Effectiveness of
                                                  operative delay so that the proposal may                                                                      Proposed Rule Changes in Connection
                                                                                                            • Send an email to rule-comments@
                                                  become operative immediately upon                                                                             With the Operation of the Exchange’s
                                                  filing. The Commission believes that                    sec.gov. Please include File Number SR–
                                                                                                                                                                Equity Options Platform
                                                  waiver of the 30-day operative delay is                 BatsBZX–2016–02 on the subject line.
                                                  appropriate because it will allow the                                                                         April 4, 2016.
                                                                                                          Paper Comments
                                                  Exchange to immediately begin                                                                                    Pursuant to Section 19(b)(1) of the
                                                  providing information regarding the                       • Send paper comments in triplicate                 Securities Exchange Act of 1934 (the
                                                  existence of a Priority Customer on the                 to Secretary, Securities and Exchange                 ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  order book that is similar to information               Commission, 100 F Street NE.,                         notice is hereby given that on March 24,
                                                  provided by other options exchanges.                    Washington, DC 20549–1090.                            2016, Bats EDGX Exchange, Inc. (the
                                                  The Commission also believes that it is                                                                       ‘‘Exchange’’ or ‘‘EDGX’’) filed with the
                                                  appropriate for the Exchange to adopt                   All submissions should refer to File                  Securities and Exchange Commission
                                                  definitions of Priority Customer and                    Number SR–BatsBZX–2016–02. This file                  (‘‘Commission’’) the proposed rule
                                                  Priority Customer Order as they are                     number should be included on the                      change as described in Items I and II
                                                  similar to and based on MIAX Rule 100.                  subject line if email is used. To help the            below, which Items have been prepared
                                                  Accordingly, the proposed definitions                   Commission process and review your                    by the Exchange. The Exchange has
                                                  are similar to existing rules of other                  comments more efficiently, please use                 designated this proposal as a ‘‘non-
                                                  options exchanges and do not raise any                  only one method. The Commission will                  controversial’’ proposed rule change
                                                  new policy issues. Based on the                         post all comments on the Commission’s                 pursuant to Section 19(b)(3)(A) of the
                                                  foregoing, the Commission believes that                 Internet Web site (http://www.sec.gov/                Act 3 and Rule 19b–4(f)(6)(iii)
                                                  waiving the 30-day operative delay is                   rules/sro.shtml). Copies of the                       thereunder,4 which renders it effective
                                                  consistent with the protection of                       submission, all subsequent                            upon filing with the Commission. The
                                                  investors and the public interest.16 The                                                                      Commission is publishing this notice to
                                                                                                          amendments, all written statements
                                                  Commission hereby grants the                                                                                  solicit comments on the proposed rule
                                                                                                          with respect to the proposed rule
                                                  Exchange’s request and designates the                                                                         change from interested persons.
                                                                                                          change that are filed with the
                                                  proposal operative upon filing.                         Commission, and all written                           I. Self-Regulatory Organization’s
                                                     At any time within 60 days of the                                                                          Statement of the Terms of Substance of
                                                                                                          communications relating to the
                                                  filing of the proposed rule change, the                                                                       the Proposed Rule Change
                                                                                                          proposed rule change between the
                                                  Commission summarily may
                                                  temporarily suspend such rule change if                 Commission and any person, other than                    The Exchange filed a proposal to
                                                  it appears to the Commission that such                  those that may be withheld from the                   make a modification to Rule 21.1
                                                  action is necessary or appropriate in the               public in accordance with the                         (Definitions) in connection with the
                                                  public interest, for the protection of                  provisions of 5 U.S.C. 552, will be                   operation of the attribution feature of
                                                  investors, or otherwise in furtherance of               available for Web site viewing and                    EDGX Options, as described below. In
                                                  the purposes of the Act. If the                         printing in the Commission’s Public                   addition, the Exchange proposes to
                                                  Commission takes such action, the                       Reference Room, 100 F Street NE.,                     adopt definitions of ‘‘Priority Customer’’
                                                  Commission shall institute proceedings                  Washington, DC 20549, on official                     and ‘‘Priority Customer Order’’ in Rule
                                                                                                          business days between the hours of                    16.1 and to use such definitions
                                                    12 15  U.S.C. 78s(b)(3)(A).                           10:00 a.m. and 3:00 p.m. Copies of such               throughout Rules 21.8, 21.10 and 21.15.
                                                    13 In addition, Rule 19b–4(f)(6)(iii) requires the                                                          Finally, the Exchange also proposes
                                                                                                          filing will also be available for
                                                  Exchange to give the Commission written notice of                                                             related changes to Rules 20.6 and 21.8.
                                                  the Exchange’s intent to file the proposed rule         inspection and copying at the principal                  The text of the proposed rule change
                                                  change, along with a brief description and text of      office of the Exchange. All comments                  is available at the Exchange’s Web site
                                                  the proposed rule change, at least five business days   received will be posted without change;
                                                  prior to the date of filing of the proposed rule                                                              at www.batstrading.com, at the
                                                  change, or such shorter time as designated by the       the Commission does not edit personal                 principal office of the Exchange, and at
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                                                  Commission. The Exchange has satisfied this             identifying information from                          the Commission’s Public Reference
                                                  requirement.                                            submissions. You should submit only
                                                     14 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                Room.
                                                     15 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                          information that you wish to make
                                                     16 For purposes only of waiving the 30-day           available publicly. All submissions                     17 17 CFR 200.30–3(a)(12).
                                                                                                                                                                  1 15 U.S.C. 78s(b)(1).
                                                  operative delay, the Commission has also                should refer to File Number SR–
                                                                                                                                                                  2 17 CFR 240.19b–4.
                                                  considered the proposed rule’s impact on                BatsBZX–2016–02 and should be                           3 15 U.S.C. 78s(b)(3)(A).
                                                  efficiency, competition, and capital formation. See
                                                  15 U.S.C. 78c(f).                                       submitted on or before April 29, 2016.                  4 17 CFR 240.19b–4(f)(6)(iii).




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Document Created: 2018-02-07 13:50:16
Document Modified: 2018-02-07 13:50:16
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 20709 

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