81_FR_30454 81 FR 30360 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.13, Order Execution and Routing, To Delete the IOCM and ICMT Routing Options

81 FR 30360 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.13, Order Execution and Routing, To Delete the IOCM and ICMT Routing Options

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 94 (May 16, 2016)

Page Range30360-30362
FR Document2016-11401

Federal Register, Volume 81 Issue 94 (Monday, May 16, 2016)
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Notices]
[Pages 30360-30362]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11401]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77790; File No. SR-BatsBYX-2016-06]


Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Rule 11.13, Order Execution and Routing, To Delete the IOCM and ICMT 
Routing Options

May 10, 2016.
    Pursuant to the provisions of Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice 
is hereby given that on May 2, 2016, Bats BYX Exchange, Inc. (the 
``Exchange'' or ``BYX'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change as described in 
Items I and II below, which Items have been prepared by the Exchange. 
The Exchange has designated this proposal as a ``non-controversial'' 
proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and 
Rule 19b-4(f)(6)(iii) thereunder,\4\ which renders it effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 11.13, Order Execution 
and Routing, to delete the IOCM and ICMT routing options. The Exchange 
also proposes to amend its fee schedule to delete: (i) References to 
the IOCM and ICMT routing options under footnote 8; and (ii) fee code 
PX, which is yielded on orders routed using the RMPT routing option or 
routed to Bats EDGX Exchange, Inc. (``EDGX'') to execute against 
MidPoint Peg Orders \5\ on EDGX using ICMT or IOCM routing options.
---------------------------------------------------------------------------

    \5\ See EDGX Rule 11.8(d). The BYX fee schedule uses the term 
``EDGX MPM'' for fee code PX. EDGX MPM is intended to refer to 
contra side MidPoint Peg Orders on EDGX.
---------------------------------------------------------------------------

    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 proposes to amend Rule 11.13, Order Execution and 
Routing, to delete the IOCM and ICMT routing options. The Exchange also 
proposes to amend its fee schedule to delete: (i) References to the 
IOCM and ICMT routing options under footnote 8; and (ii) fee code PX, 
which is yielded on orders routed using the RMPT routing option or 
routed to EDGX to execute against MidPoint Peg Orders on EDGX using 
ICMT or IOCM routing options.
    Under Rule 11.13(b)(3)(O), an order utilizing the IOCM routing 
option checks the System \6\ for available shares and then is sent, as 
MidPoint Peg Order with a Time-in-Force of IOC, to EDGX. Under Rule 
11.13(b)(3)(P), an order utilizing the ICMT routing option checks the 
System for available shares, then is sent to destinations on the System 
routing table and then is sent, as MidPoint Peg Order with a Time-in-
Force of IOC, to EDGX. If shares remain unexecuted after routing 
pursuant to both the IOCM and ICMT routing options, they are posted on 
the book, unless otherwise instructed by the User.\7\
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    \6\ The ``System'' is the Exchange's electronic communications 
and trading facility designated by the Board through which 
securities orders of Users are consolidated for ranking, execution 
and, when applicable, routing away. See Exchange Rule 1.5(aa).
    \7\ The term ``User'' is defined as ``any Member or Sponsored 
Participant who is authorized to obtain access to the System 
pursuant to Rule 11.3.'' See Exchange Rule 1.5(cc).
---------------------------------------------------------------------------

    Footnote 8 of the fee schedule states that orders in securities 
priced below $1.00 that remove liquidity utilizing certain routing 
strategies, including IOCM and ICMT are charged a fee of $0.29% of the 
trade's total dollar value. Fee code PX is yielded on orders routed 
using the RMPT routing option or routed to EDGX to execute against 
MidPoint Peg Orders on EDGX using ICMT or IOCM routing options. Orders 
that yield fee code PX pay a fee of $0.0012 per share in securities 
priced at or above $1.00 and 0.29% of the trade's dollar value for 
securities priced below $1.00.
    Because few Users elect the IOCM or ICMT routing options, the 
Exchange has determined that the current demand does not warrant the 
infrastructure and ongoing maintenance expenses required to support the 
products. Therefore, the Exchange proposes to delete the IOCM and ICMT 
routing options under Rule 11.13(b)(3)(O) and (P) as well as a 
reference to the IOCM and ICMT routing options under Rule 
11.13(b)(3)(H). The Exchange also proposes to amend its fee schedule to 
delete: (i) References to the IOCM and ICMT routing options under 
footnote 8; and (ii) fee code PX, which is yielded on orders routed 
using the RMPT routing option or routed to EDGX to execute against 
MidPoint Peg Orders on EDGX using ICMT or IOCM routing options. Users 
seeking to route midpoint eligible orders to EDGX may use alternative 
methods, such as connecting to EDGX directly or through a third party 
service provider, or electing another routing option offered by the 
Exchange that enables a User to post an order to certain primary 
listing markets.\8\
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    \8\ See e.g., Rule 11.13(b)(3)(Q) (describing the RMPT routing 
option under which a Mid-Point Peg Order checks the System for 
available shares and any remaining shares are then sent to 
destinations on the System routing table that support midpoint 
eligible orders. If any shares remain unexecuted after routing, they 
are posted on the BYX book as a MidPoint Peg Order, unless otherwise 
instructed by the User).
---------------------------------------------------------------------------

    The Exchange intends to implement the proposed rule change on May 
5, 2016.\9\
---------------------------------------------------------------------------

    \9\ See Bats to Decommission ICMT, IOCM, and TRIM3 Routing 
Strategies, issued April 18, 2016, available at http://cdn.batstrading.com/resources/release_notes/2016/Bats-to-Decommission-ICMT-IOCM-and-TRIM3-Routing-Strategies.pdf.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \10\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \11\ in particular, in that it is designed to 
promote just and equitable principles of

[[Page 30361]]

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.
---------------------------------------------------------------------------

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

    The Exchange does not believe that this proposal will permit unfair 
discrimination among customers, brokers, or dealers because the IOCM 
and ICMT routing options will no longer be available to all Users. The 
Exchange has few Users electing the IOCM and ICMT routing options and 
has determined that the current demand does not warrant the 
infrastructure and ongoing maintenance expense required to support the 
products. Routing through the Exchange is voluntary and alternative 
routing options offered by the Exchange as well as other methods remain 
available to Users that wish to route midpoint eligible orders to 
EDGX.\12\ In addition, the IOCM and ICMT routing options are not core 
product offerings by the Exchange, nor is the Exchange required by the 
Act to offer such products. Therefore, the Exchange believes the 
proposed rule change would make its rules clearer and less confusing 
for investors by removing routing options that will no longer be 
offered by the Exchange; thereby removing impediments to and perfecting 
the mechanism of a free and open market and a national market system, 
and, in general, protecting investors and the public interest.
---------------------------------------------------------------------------

    \12\ See supra note 8 and accompanying text.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposal will impose any 
burden on competition not necessary or appropriate in furtherance of 
the purposes of the Act. The proposed rule change is not designed to 
address any competitive issues but rather avoid investor confusion by 
eliminating the IOCM and ICMT routing options that are to be 
discontinued by the Exchange.

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

    The Exchange has neither solicited nor received written comments on 
the proposed rule change.

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

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate, it has become effective pursuant to Section 
19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the 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.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \15\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \16\ 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 Exchange 
states that waiver of the 30-day operative delay would allow the 
Exchange to modify its rules in a timely manner by: (i) Eliminating a 
rule that accounts for services with few subscribers that the Exchange 
intends to discontinue; and (ii) accurately describing the alternative 
routing options available to Users, thereby avoiding potential investor 
confusion during the operative delay period. Based on the foregoing, 
the Commission believes the waiver of the operative delay is consistent 
with the protection of investors and the public interest. Therefore, 
the Commission hereby waives the operative delay and designates the 
proposal operative upon filing.\17\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ 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 change 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-BatsBYX-2016-06 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 No. SR-BatsBYX-2016-06. 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 No. SR-BatsBYX-2016-06, and should be 
submitted on or before June 6, 2016.


[[Page 30362]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-11401 Filed 5-13-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    30360                           Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices

                                                      For the Commission, by the Division of                   The text of the proposed rule change                  Footnote 8 of the fee schedule states
                                                    Trading and Markets, pursuant to delegated              is available at the Exchange’s Web site               that orders in securities priced below
                                                    authority.69                                            at www.batstrading.com, at the                        $1.00 that remove liquidity utilizing
                                                    Robert W. Errett,                                       principal office of the Exchange, and at              certain routing strategies, including
                                                    Deputy Secretary.                                       the Commission’s Public Reference                     IOCM and ICMT are charged a fee of
                                                    [FR Doc. 2016–11405 Filed 5–13–16; 8:45 am]             Room.                                                 $0.29% of the trade’s total dollar value.
                                                    BILLING CODE 8011–01–P                                                                                        Fee code PX is yielded on orders routed
                                                                                                            II. Self-Regulatory Organization’s
                                                                                                                                                                  using the RMPT routing option or
                                                                                                            Statement of the Purpose of, and
                                                                                                                                                                  routed to EDGX to execute against
                                                    SECURITIES AND EXCHANGE                                 Statutory Basis for, the Proposed Rule
                                                                                                                                                                  MidPoint Peg Orders on EDGX using
                                                    COMMISSION                                              Change
                                                                                                                                                                  ICMT or IOCM routing options. Orders
                                                                                                               In its filing with the Commission, the             that yield fee code PX pay a fee of
                                                    [Release No. 34–77790; File No. SR–
                                                    BatsBYX–2016–06]                                        Exchange included statements                          $0.0012 per share in securities priced at
                                                                                                            concerning the purpose of and basis for               or above $1.00 and 0.29% of the trade’s
                                                    Self-Regulatory Organizations; Bats                     the proposed rule change and discussed                dollar value for securities priced below
                                                    BYX Exchange, Inc.; Notice of Filing                    any comments it received on the                       $1.00.
                                                    and Immediate Effectiveness of a                        proposed rule change. The text of these                  Because few Users elect the IOCM or
                                                    Proposed Rule Change To Amend Rule                      statements may be examined at the                     ICMT routing options, the Exchange has
                                                    11.13, Order Execution and Routing,                     places specified in Item IV below. The                determined that the current demand
                                                    To Delete the IOCM and ICMT Routing                     Exchange has prepared summaries, set                  does not warrant the infrastructure and
                                                    Options                                                 forth in Sections A, B, and C below, of               ongoing maintenance expenses required
                                                                                                            the most significant parts of such                    to support the products. Therefore, the
                                                    May 10, 2016.                                           statements.                                           Exchange proposes to delete the IOCM
                                                       Pursuant to the provisions of Section                                                                      and ICMT routing options under Rule
                                                    19(b)(1) of the Securities Exchange Act                 A. Self-Regulatory Organization’s
                                                                                                                                                                  11.13(b)(3)(O) and (P) as well as a
                                                    of 1934 (‘‘Act’’) 1 and Rule 19b–4                      Statement of the Purpose of, and the
                                                                                                                                                                  reference to the IOCM and ICMT routing
                                                    thereunder,2 notice is hereby given that                Statutory Basis for, the Proposed Rule                options under Rule 11.13(b)(3)(H). The
                                                    on May 2, 2016, Bats BYX Exchange,                      Change                                                Exchange also proposes to amend its fee
                                                    Inc. (the ‘‘Exchange’’ or ‘‘BYX’’) filed                1. Purpose                                            schedule to delete: (i) References to the
                                                    with the Securities and Exchange                                                                              IOCM and ICMT routing options under
                                                                                                               The Exchange proposes to amend
                                                    Commission (‘‘Commission’’) the                                                                               footnote 8; and (ii) fee code PX, which
                                                                                                            Rule 11.13, Order Execution and
                                                    proposed rule change as described in                                                                          is yielded on orders routed using the
                                                                                                            Routing, to delete the IOCM and ICMT
                                                    Items I and II below, which Items have                                                                        RMPT routing option or routed to EDGX
                                                                                                            routing options. The Exchange also
                                                    been prepared by the Exchange. The                                                                            to execute against MidPoint Peg Orders
                                                                                                            proposes to amend its fee schedule to
                                                    Exchange has designated this proposal                                                                         on EDGX using ICMT or IOCM routing
                                                                                                            delete: (i) References to the IOCM and
                                                    as a ‘‘non-controversial’’ proposed rule                                                                      options. Users seeking to route midpoint
                                                                                                            ICMT routing options under footnote 8;
                                                    change pursuant to Section 19(b)(3)(A)                                                                        eligible orders to EDGX may use
                                                                                                            and (ii) fee code PX, which is yielded
                                                    of the Act 3 and Rule 19b–4(f)(6)(iii)                                                                        alternative methods, such as connecting
                                                                                                            on orders routed using the RMPT
                                                    thereunder,4 which renders it effective                                                                       to EDGX directly or through a third
                                                                                                            routing option or routed to EDGX to
                                                    upon filing with the Commission. The                                                                          party service provider, or electing
                                                                                                            execute against MidPoint Peg Orders on
                                                    Commission is publishing this notice to                                                                       another routing option offered by the
                                                                                                            EDGX using ICMT or IOCM routing
                                                    solicit comments on the proposed rule                                                                         Exchange that enables a User to post an
                                                                                                            options.
                                                    change from interested persons.                            Under Rule 11.13(b)(3)(O), an order                order to certain primary listing
                                                                                                            utilizing the IOCM routing option                     markets.8
                                                    I. Self-Regulatory Organization’s                                                                                The Exchange intends to implement
                                                    Statement of the Terms of Substance of                  checks the System 6 for available shares
                                                                                                                                                                  the proposed rule change on May 5,
                                                    the Proposed Rule Change                                and then is sent, as MidPoint Peg Order               2016.9
                                                       The Exchange filed a proposal to                     with a Time-in-Force of IOC, to EDGX.
                                                                                                            Under Rule 11.13(b)(3)(P), an order                   2. Statutory Basis
                                                    amend Rule 11.13, Order Execution and
                                                    Routing, to delete the IOCM and ICMT                    utilizing the ICMT routing option                        The Exchange believes that its
                                                    routing options. The Exchange also                      checks the System for available shares,               proposal is consistent with Section 6(b)
                                                    proposes to amend its fee schedule to                   then is sent to destinations on the                   of the Act 10 in general, and furthers the
                                                    delete: (i) References to the IOCM and                  System routing table and then is sent, as             objectives of Section 6(b)(5) of the Act 11
                                                    ICMT routing options under footnote 8;                  MidPoint Peg Order with a Time-in-                    in particular, in that it is designed to
                                                    and (ii) fee code PX, which is yielded                  Force of IOC, to EDGX. If shares remain               promote just and equitable principles of
                                                    on orders routed using the RMPT                         unexecuted after routing pursuant to
                                                    routing option or routed to Bats EDGX                   both the IOCM and ICMT routing                           8 See e.g., Rule 11.13(b)(3)(Q) (describing the


                                                    Exchange, Inc. (‘‘EDGX’’) to execute                    options, they are posted on the book,                 RMPT routing option under which a Mid-Point Peg
                                                                                                            unless otherwise instructed by the                    Order checks the System for available shares and
                                                    against MidPoint Peg Orders 5 on EDGX                                                                         any remaining shares are then sent to destinations
                                                    using ICMT or IOCM routing options.                     User.7                                                on the System routing table that support midpoint
                                                                                                                                                                  eligible orders. If any shares remain unexecuted
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      69 17
                                                                                                              6 The ‘‘System’’ is the Exchange’s electronic       after routing, they are posted on the BYX book as
                                                            CFR 200.30–3(a)(12).                                                                                  a MidPoint Peg Order, unless otherwise instructed
                                                      1 15
                                                                                                            communications and trading facility designated by
                                                           U.S.C. 78s(b)(1).                                the Board through which securities orders of Users    by the User).
                                                      2 17 CFR 240.19b–4.                                                                                            9 See Bats to Decommission ICMT, IOCM, and
                                                                                                            are consolidated for ranking, execution and, when
                                                      3 15 U.S.C. 78s(b)(3)(A).
                                                                                                            applicable, routing away. See Exchange Rule           TRIM3 Routing Strategies, issued April 18, 2016,
                                                      4 17 CFR 240.19b–4(f)(6)(iii).                        1.5(aa).                                              available at http://cdn.batstrading.com/resources/
                                                      5 See EDGX Rule 11.8(d). The BYX fee schedule           7 The term ‘‘User’’ is defined as ‘‘any Member or   release_notes/2016/Bats-to-Decommission-ICMT-
                                                    uses the term ‘‘EDGX MPM’’ for fee code PX. EDGX        Sponsored Participant who is authorized to obtain     IOCM-and-TRIM3-Routing-Strategies.pdf.
                                                                                                                                                                     10 15 U.S.C. 78f(b).
                                                    MPM is intended to refer to contra side MidPoint        access to the System pursuant to Rule 11.3.’’ See
                                                    Peg Orders on EDGX.                                     Exchange Rule 1.5(cc).                                   11 15 U.S.C. 78f(b)(5).




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                                                                                      Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices                                             30361

                                                    trade, to foster cooperation and                          protection of investors or the public                   IV. Solicitation of Comments
                                                    coordination with persons engaged in                      interest; (ii) impose any significant
                                                    facilitating transactions in securities, to               burden on competition; and (iii) become                   Interested persons are invited to
                                                    remove impediments to and perfect the                     operative for 30 days from the date on                  submit written data, views, and
                                                    mechanism of a free and open market                       which it was filed, or such shorter time                arguments concerning the foregoing,
                                                    and a national market system and, in                      as the Commission may designate, it has                 including whether the proposed rule
                                                    general, to protect investors and the                     become effective pursuant to Section                    change is consistent with the Act.
                                                    public interest.                                          19(b)(3)(A) of the Act 13 and Rule 19b–                 Comments may be submitted by any of
                                                       The Exchange does not believe that                     4(f)(6) thereunder.14                                   the following methods:
                                                    this proposal will permit unfair                             A proposed rule change filed
                                                    discrimination among customers,                           pursuant to Rule 19b–4(f)(6) under the                  Electronic Comments
                                                    brokers, or dealers because the IOCM                      Act 15 normally does not become                           • Use the Commission’s Internet
                                                    and ICMT routing options will no longer                   operative for 30 days after the date of its
                                                                                                                                                                      comment form (http://www.sec.gov/
                                                    be available to all Users. The Exchange                   filing. However, Rule 19b–4(f)(6)(iii) 16
                                                    has few Users electing the IOCM and                       permits the Commission to designate a                   rules/sro.shtml); or
                                                    ICMT routing options and has                              shorter time if such action is consistent                 • Send an email to rule-comments@
                                                    determined that the current demand                        with the protection of investors and the                sec.gov. Please include File Number SR–
                                                    does not warrant the infrastructure and                   public interest. The Exchange has asked                 BatsBYX–2016–06 on the subject line.
                                                    ongoing maintenance expense required                      the Commission to waive the 30-day
                                                    to support the products. Routing                          operative delay so that the proposal may                Paper Comments
                                                    through the Exchange is voluntary and                     become operative immediately upon                         • Send paper comments in triplicate
                                                    alternative routing options offered by                    filing. The Exchange states that waiver                 to Secretary, Securities and Exchange
                                                    the Exchange as well as other methods                     of the 30-day operative delay would                     Commission, 100 F Street NE.,
                                                    remain available to Users that wish to                    allow the Exchange to modify its rules
                                                                                                                                                                      Washington, DC 20549–1090.
                                                    route midpoint eligible orders to                         in a timely manner by: (i) Eliminating a
                                                    EDGX.12 In addition, the IOCM and                         rule that accounts for services with few                All submissions should refer to File No.
                                                    ICMT routing options are not core                         subscribers that the Exchange intends to                SR–BatsBYX–2016–06. This file number
                                                    product offerings by the Exchange, nor                    discontinue; and (ii) accurately                        should be included on the subject line
                                                    is the Exchange required by the Act to                    describing the alternative routing                      if email is used. To help the
                                                    offer such products. Therefore, the                       options available to Users, thereby                     Commission process and review your
                                                    Exchange believes the proposed rule                       avoiding potential investor confusion                   comments more efficiently, please use
                                                    change would make its rules clearer and                   during the operative delay period. Based                only one method. The Commission will
                                                    less confusing for investors by removing                  on the foregoing, the Commission                        post all comments on the Commission’s
                                                    routing options that will no longer be                    believes the waiver of the operative                    Internet Web site (http://www.sec.gov/
                                                    offered by the Exchange; thereby                          delay is consistent with the protection
                                                                                                                                                                      rules/sro.shtml). Copies of the
                                                    removing impediments to and                               of investors and the public interest.
                                                                                                                                                                      submission, all subsequent
                                                    perfecting the mechanism of a free and                    Therefore, the Commission hereby
                                                    open market and a national market                         waives the operative delay and                          amendments, all written statements
                                                    system, and, in general, protecting                       designates the proposal operative upon                  with respect to the proposed rule
                                                    investors and the public interest.                        filing.17                                               change that are filed with the
                                                                                                                 At any time within 60 days of the                    Commission, and all written
                                                    B. Self-Regulatory Organization’s                         filing of the proposed rule change, the                 communications relating to the
                                                    Statement on Burden on Competition                        Commission summarily may                                proposed rule change between the
                                                      The Exchange does not believe that                      temporarily suspend such rule change if                 Commission and any person, other than
                                                    the proposal will impose any burden on                    it appears to the Commission that such                  those that may be withheld from the
                                                    competition not necessary or                              action is necessary or appropriate in the               public in accordance with the
                                                    appropriate in furtherance of the                         public interest, for the protection of                  provisions of 5 U.S.C. 552, will be
                                                    purposes of the Act. The proposed rule                    investors, or otherwise in furtherance of               available for Web site viewing and
                                                    change is not designed to address any                     the purposes of the Act. If the                         printing in the Commission’s Public
                                                    competitive issues but rather avoid                       Commission takes such action, the                       Reference Room, 100 F Street NE.,
                                                    investor confusion by eliminating the                     Commission shall institute proceedings                  Washington, DC 20549, on official
                                                    IOCM and ICMT routing options that are                    to determine whether the proposed rule                  business days between the hours of
                                                    to be discontinued by the Exchange.                       change should be approved or                            10:00 a.m. and 3:00 p.m. Copies of the
                                                    C. Self-Regulatory Organization’s                         disapproved.                                            filing also will be available for
                                                    Statement on Comments on the                                13 15
                                                                                                                                                                      inspection and copying at the principal
                                                                                                                       U.S.C. 78s(b)(3)(A).
                                                    Proposed Rule Change Received From                          14 17                                                 office of the Exchange. All comments
                                                                                                                       CFR 240.19b–4(f)(6). As required under Rule
                                                    Members, Participants, or Others                          19b–4(f)(6)(iii), the Exchange provided the             received will be posted without change;
                                                      The Exchange has neither solicited                      Commission with written notice of its intent to file    the Commission does not edit personal
                                                                                                              the proposed rule change, along with a brief
                                                    nor received written comments on the                      description and the text of the proposed rule
                                                                                                                                                                      identifying information from
                                                    proposed rule change.                                                                                             submissions. You should submit only
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                              change, at least five business days prior to the date
                                                    III. Date of Effectiveness of the
                                                                                                              of filing of the proposed rule change, or such          information that you wish to make
                                                                                                              shorter time as designated by the Commission.           available publicly. All submissions
                                                    Proposed Rule Change and Timing for                          15 17 CFR 240.19b–4(f)(6).

                                                    Commission Action                                            16 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                                      should refer to File No. SR–BatsBYX–
                                                                                                                 17 For purposes only of waiving the 30-day           2016–06, and should be submitted on or
                                                       Because the proposed rule change                                                                               before June 6, 2016.
                                                                                                              operative delay, the Commission has also
                                                    does not (i) significantly affect the                     considered the proposed rule’s impact on
                                                                                                              efficiency, competition, and capital formation. See
                                                      12 See   supra note 8 and accompanying text.            15 U.S.C. 78c(f).




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                                                    30362                           Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices

                                                      For the Commission, by the Division of                forth in sections A, B, and C below, of                 updated before it is canceled in the new
                                                    Trading and Markets, pursuant to delegated              the most significant aspects of such                    rule and is, instead, noting that the
                                                    authority.18                                            statements.                                             number of permissible changes may
                                                    Robert W. Errett,                                                                                               vary by Order Type or Order Attribute
                                                                                                            A. Self-Regulatory Organization’s
                                                    Deputy Secretary.                                                                                               and may change from time to time.
                                                                                                            Statement of the Purpose of, and
                                                    [FR Doc. 2016–11401 Filed 5–13–16; 8:45 am]                                                                     Further, the proposed rule will note that
                                                                                                            Statutory Basis for, the Proposed Rule
                                                    BILLING CODE 8011–01–P                                                                                          the Exchange will post on its Web site
                                                                                                            Change
                                                                                                                                                                    what is considered a change for a
                                                                                                            1. Purpose                                              particular Order Type and Order
                                                    SECURITIES AND EXCHANGE                                 Background                                              Attribute, and the current limits on the
                                                    COMMISSION                                                                                                      number of such changes.
                                                                                                               The Exchange will cancel an Order if                    The Exchange is changing the process
                                                    [Release No. 34–77801; File No. SR–Phlx–                it is updated a certain number of times                 by which it counts updates, which will
                                                    2016–55]
                                                                                                            during any given day. Pursuant to Rule                  allow it to identify a wider range of
                                                    Self-Regulatory Organizations;                          3301A(a), an Order will be cancelled if                 updates to an Order. Using the new
                                                    NASDAQ PHLX LLC; Notice of Filing                       it is repriced and/or reentered 10,000                  process, the Exchange will be able to
                                                    and Immediate Effectiveness of                          times for any reason.3                                  track the following Order updates: (1)
                                                                                                               Pursuant to Rule 3301A(b)(5)(A), a                   System-generated child Orders; (2)
                                                    Proposed Rule Change To Modify the
                                                                                                            Market Maker Peg Order will be                          display size refreshes from reserve; (3)
                                                    Maximum Number of Times an Order
                                                                                                            canceled if it is repriced 1,000 times.                 replaces of System-generated child
                                                    on PSX May Be Updated Before the
                                                                                                            Pursuant to Rule 3301B(d), an Order                     Orders (which include Orders with a
                                                    System Cancels the Order
                                                                                                            with Primary Pegging will be cancelled                  Pegging Attribute); and (4) cancellation
                                                    May 10, 2016.                                           if it is updated 1,000 times, and an                    requests of System-generated child
                                                       Pursuant to Section 19(b)(1) of the                  Order with Market Pegging will be                       Orders. The Exchange notes that all
                                                    Securities Exchange Act of 1934                         cancelled if it is updated 10,000 times.                updates identified by the current
                                                    (‘‘Act’’),1 and Rule 19b-4 thereunder,2                    The Exchange applies these limits to                 process will be counted under the new
                                                    notice is hereby given that, on May 2,                  conserve System resources by limiting                   process. The Exchange believes these
                                                    2016, NASDAQ PHLX LLC (‘‘Phlx’’ or                      the persistence of Orders that update                   changes will provide it with greater
                                                    ‘‘Exchange’’) filed with the Securities                 repeatedly without execution. These                     flexibility in addressing changes in
                                                    and Exchange Commission                                 limits are applied daily to each order                  volume, market participant behavior,
                                                    (‘‘Commission’’) the proposed rule                      entered into the System. Orders that                    and the Exchange’s capacity to handle
                                                    change as described in Items I, II, and                 have a Time-in-Force 4 that allows them                 the message volume caused by Orders
                                                    III, below, which Items have been                       to persist longer than a single trading                 that update a significant number of
                                                    prepared by the Exchange. The                           day will have their count reset each day.               times throughout the trading day.
                                                    Commission is publishing this notice to                 For example, if an Order with a Time-                      The Exchange will provide at least
                                                    solicit comments on the proposed rule                   in-Force of Good-till-Canceled 5 is                     one day’s advanced notice to the public
                                                    change from interested persons.                         repriced 9,999 times during any given                   of any changes to the number of updates
                                                                                                            day, the Order will not be canceled due                 permitted before an Order is canceled.
                                                    I. Self-Regulatory Organization’s                       to the number of updates. Starting the                  Initially, the Exchange will keep the
                                                    Statement of the Terms of Substance of                  next day, the Order would be again                      number of updates consistent with what
                                                    the Proposed Rule Change                                allowed to reprice up to 9,999 times                    is currently noted in the rules; however,
                                                       The Exchange proposes to modify the                  before it would be canceled by the                      the Exchange may shortly thereafter
                                                    maximum number of times an Order on                     System.                                                 change the number of updates as needed
                                                    PSX may be updated before the System                    Proposed Changes                                        to address market conditions.
                                                    cancels the Order.                                                                                                 Phlx is also making minor technical
                                                       The text of the proposed rule change                    First, the Exchange is proposing to                  corrections to Rule 3301B(d) to change
                                                    is available on the Exchange’s Web site                 eliminate rule text under Rules                         the word ‘‘they’’ to the word ‘‘the’’ in
                                                    at http://nasdaqomxphlx.                                3301A(a), 3301A(b)(5)(A), and 3301B(d)                  the first full paragraph below the
                                                    cchwallstreet.com/, at the principal                    concerning cancellation based on Order                  bulleted list under the rule and to delete
                                                    office of the Exchange, and at the                      updates and consolidate the concept                     an erroneous quote from the end of the
                                                    Commission’s Public Reference Room.                     under a new Rule 3306(a)(4).                            same paragraph.
                                                                                                               Second, the Exchange is proposing to
                                                    II. Self-Regulatory Organization’s                      no longer state the specific number of                  2. Statutory Basis
                                                    Statement of the Purpose of, and                        times a particular Order Type may be                       The Exchange believes that the
                                                    Statutory Basis for, the Proposed Rule                                                                          proposed rule change is consistent with
                                                    Change                                                    3 Orders entered through OUCH and FLITE ports
                                                                                                                                                                    the provisions of Section 6 of the Act,6
                                                                                                            generally are not repriced or reentered. As
                                                      In its filing with the Commission, the                explained in rule 3301A(b)(1)(B), orders entered
                                                                                                                                                                    in general, and with Section 6(b)(5) of
                                                    Exchange included statements                            through OUCH and FLITE may be updated for               the Act,7 in particular, because it is
                                                    concerning the purpose of and basis for                 display once. Further, OUCH and FLITE Orders            designed to prevent fraudulent and
                                                    the proposed rule change and discussed                  may only be decremented in size, which is not           manipulative acts and practices, to
                                                                                                            considered repricing or reentry of the Order. See
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    any comments it received on the                         http://www.nasdaqtrader.com/
                                                                                                                                                                    promote just and equitable principles of
                                                    proposed rule change. The text of these                 Trader.aspx?id=TradingSpecs for a description of        trade, to foster cooperation and
                                                    statements may be examined at the                       the various order entry port specifications.            coordination with persons engaged in
                                                    places specified in Item IV below. The                    4 The ‘‘Time-in-Force’’ assigned to an Order
                                                                                                                                                                    regulating, clearing, settling, processing
                                                                                                            means the period of time that the System will hold      information with respect to, and
                                                    Exchange has prepared summaries, set                    the Order for potential execution. See Rule
                                                                                                            3301B(a).                                               facilitating transactions in securities, to
                                                      18 17 CFR 200.30–3(a)(12).                              5 An Order that is designated to deactivate one
                                                      1 15 U.S.C. 78s(b)(1).                                                                                         6 15   U.S.C. 78f.
                                                                                                            year after entry may be referred to as a ‘‘Good-till-
                                                      2 17 CFR 240.19b–4.                                   Cancelled.’’ See Rule 3301B(a)(3).                       7 15   U.S.C. 78f(b)(5).



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Document Created: 2016-05-14 01:17:40
Document Modified: 2016-05-14 01:17:40
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 30360 

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