81_FR_30467 81 FR 30373 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.13, Order Execution and Routing, To Delete References to the TRIM3 Routing Option

81 FR 30373 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.13, Order Execution and Routing, To Delete References to the TRIM3 Routing Option

SECURITIES AND EXCHANGE COMMISSION

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

Page Range30373-30375
FR Document2016-11408

Federal Register, Volume 81 Issue 94 (Monday, May 16, 2016)
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Notices]
[Pages 30373-30375]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11408]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77797; File No. SR-BatsBZX-2016-13]


Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 
11.13, Order Execution and Routing, To Delete References to the TRIM3 
Routing Option

May 10, 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 May 2, 2016, BATS Exchange, Inc. (the ``Exchange'' or ``BATS'') 
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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    \14\ 17 CFR 200.30-3(a)(12).
    \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 references to the TRIM3 routing option. The 
Exchange also proposes to amend its fee schedule to delete references 
to the TRIM3 routing option under fee codes BY and TV.
    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.

[[Page 30374]]

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 references to the TRIM3 routing option. The Exchange 
also proposes to amend its fee schedule to delete references to the 
TRIM3 routing option under fee codes BY and TV.
    Exchange Rule 11.13(b)(3)(G) includes the TRIM3 routing option as 
one of the routing options under which an order checks the System \5\ 
for available shares if so instructed by the entering User \6\ and then 
is sent to destinations on the applicable System routing table. The 
term ``System routing table'' refers to the proprietary process for 
determining the specific trading venues to which the System routes 
orders and the order in which it routes them.\7\ Orders routed pursuant 
to the TRIM3 routing option are only sent to NASDAQ BX, BYX Exchange, 
Inc. (``BYX''), and certain alternative trading systems available 
through the Exchange's DRT routing option (``DRT Venues'').\8\
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    \5\ 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).
    \6\ 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).
    \7\ See Exchange Rule 11.13(b)(3). The Exchange reserves the 
right to maintain a different System routing table for different 
routing options and to modify the System routing table at any time 
without notice. Id.
    \8\ DRT is a routing option in which the entering firm instructs 
the System to route to alternative trading systems included in the 
System routing table. Unless otherwise specified, DRT can be 
combined with and function consistent with all other routing 
options. See Exchange Rule 11.13(b)(3)(D). See also Securities 
Exchange Act Release No. 66324 (February 6, 2012), 77 FR 7642 
(February 13, 2012) (SR-BATS-2012-007) (adopting the TRIM3 routing 
option).
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    Fee code BY is yielded on orders routed to BYX using Destination 
Specific, TRIM, TRIM2, TRIM3 or SLIM routing strategy. Orders that 
yield fee code BY receive a rebate of $0.0015 per share. Fee Code TV is 
yielded on orders routed to NASDAQ BX LLC using TRIM, TRIM2 or TRIM3 
routing strategy. Orders that yield fee code TV receive a rebate of 
$0.0010 per share.
    Because few Users elect the TRIM3 routing option, the Exchange has 
determined that the current demand does not warrant the infrastructure 
and ongoing maintenance expenses required to support the product. 
Therefore, the Exchange proposes to delete reference to the TRIM3 
routing option under Rule 11.13(b)(3)(G). The Exchange also proposes to 
amend its fee schedule to delete references to the TRIM3 routing option 
under fee codes BY and TV. Users seeking to route to BYX, NASDAQ BX, or 
DRT venues may use alternative methods, such as connecting to those 
exchanges 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.\9\
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    \9\ See e.g., Rule 11.13(b)(3)(E) (describing the Destination 
Specific routing option under which an order checks the System for 
available shares and then is sent to an away trading center or 
centers specified by the User).
---------------------------------------------------------------------------

    In connection with the deletion of the TRIM3 routing option, the 
Exchange also proposes to amend Rule 11.13(b)(3)(G) to update a 
numerical reference to the SLIM routing option. Exchange Rule 
11.13(b)(3)(G) currently states that in connection with SLIM routing 
option, currently listed as subsection (vii) of the Rule, a User may 
designate that an order first routes to BYX, checks the System for 
available shares, and then routes to other destinations on the System 
routing table. Upon deletion of the TRIM3 routing option, the SLIM 
routing option will be renumbered as section (vi) and the Exchange 
proposes to update Rule 11.13(b)(3)(G) accordingly.
    The Exchange intends to implement the proposed rule change on May 
6, 2016.\10\
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    \10\ 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.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with section 
6(b) of the Act \11\ in general, and furthers the objectives of section 
6(b)(5) of the Act \12\ in particular, in that it is designed to 
promote just and equitable principles of trade, to 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 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 TRIM3 
routing option will no longer be available to all Users. The Exchange 
has few Users electing the TRIM3 routing option and has determined that 
the current demand does not warrant the infrastructure and ongoing 
maintenance expense required to support the product. 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 to BYX, NASDAQ BX, or DRT venues.\13\ In addition, the 
TRIM3 routing option is not core product offering by the Exchange, nor 
is the Exchange required by the Act to offer such product. Therefore, 
the Exchange believes the proposed rule change would make its rules 
clearer and less confusing for investors by removing a routing option 
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.
---------------------------------------------------------------------------

    \13\ See supra note 9 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 TRIM3 routing option that is 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.

[[Page 30375]]

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\14\ and Rule 19b-4(f)(6) thereunder.\15\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 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 \16\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \17\ 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.\18\
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ 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 No. SR-BatsBZX-2016-13 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-BatsBZX-2016-13. 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-BatsBZX-2016-13, and should be 
submitted on or before June 6, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
Robert W. Errett,
Deputy Secretary.
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    \19\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2016-11408 Filed 5-13-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                       Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices                                                   30373

                                                    of participants to provide the required                    public interest, for the protection of                  For the Commission, by the Division of
                                                    liquidity to obtain the rebate. The                        investors, or otherwise in furtherance of             Trading and Markets, pursuant to delegated
                                                    increased liquidity benefits all investors                 the purposes of the Act.                              authority.14
                                                    by deepening the Exchange’s liquidity                                                                            Robert W. Errett,
                                                    pool, offering additional flexibility for                  IV. Solicitation of Comments                          Deputy Secretary.
                                                    all investors to enjoy cost savings,                         Interested persons are invited to                   [FR Doc. 2016–11400 Filed 5–13–16; 8:45 am]
                                                    supporting the quality of price                            submit written data, views, and                       BILLING CODE 8011–01–P
                                                    discovery, promoting market
                                                                                                               arguments concerning the foregoing,
                                                    transparency and improving investor
                                                                                                               including whether the proposed rule
                                                    protection.                                                                                                      SECURITIES AND EXCHANGE
                                                                                                               change is consistent with the Act.
                                                    B. Self-Regulatory Organization’s                                                                                COMMISSION
                                                                                                               Comments may be submitted by any of
                                                    Statement on Burden on Competition                         the following methods:
                                                                                                                                                                     [Release No. 34–77797; File No. SR–
                                                       The Exchange does not believe its                       Electronic Comments                                   BatsBZX–2016–13]
                                                    proposed amendment to its Fee
                                                    Schedule would impose any burden on                          • Use the Commission’s Internet                     Self-Regulatory Organizations; Bats
                                                    competition that is not necessary or                       comment form (http://www.sec.gov/                     BZX Exchange, Inc.; Notice of Filing
                                                    appropriate in furtherance of the                          rules/sro.shtml); or                                  and Immediate Effectiveness of a
                                                    purposes of the Act. The Exchange does                                                                           Proposed Rule Change to Rule 11.13,
                                                                                                                 • Send an email to rule-comments@
                                                    not believe that the proposed change                                                                             Order Execution and Routing, To
                                                                                                               sec.gov. Please include File No. SR–
                                                    represents a significant departure from                                                                          Delete References to the TRIM3
                                                                                                               BatsBZX–2016–12 on the subject line.
                                                    previous pricing offered by the                                                                                  Routing Option
                                                    Exchange or pricing offered by the                         Paper Comments
                                                    Exchange’s competitors. Additionally,                                                                            May 10, 2016.
                                                    Members may opt to disfavor the                              • Send paper comments in triplicate                    Pursuant to section 19(b)(1) of the
                                                    Exchange’s pricing if they believe that                    to Secretary, Securities and Exchange                 Securities Exchange Act of 1934 (the
                                                    alternatives offer them better value. The                  Commission, 100 F Street NE.,                         ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    Exchange does not believe that the                         Washington, DC 20549–1090.                            notice is hereby given that on May 2,
                                                    modified tier would burden                                 All submissions should refer to File No.              2016, BATS Exchange, Inc. (the
                                                    competition, but instead, enhances                                                                               ‘‘Exchange’’ or ‘‘BATS’’) filed with the
                                                                                                               SR–BatsBZX–2016–12. This file number
                                                    competition, as it is intended to increase                                                                       Securities and Exchange Commission
                                                                                                               should be included on the subject line
                                                    the competitiveness of and draw                                                                                  (‘‘Commission’’) the proposed rule
                                                                                                               if email is used. To help the
                                                    additional volume to the Exchange. The                                                                           change as described in Items I and II
                                                    Exchange does not believe the amended                      Commission process and review your
                                                                                                               comments more efficiently, please use                 below, which Items have been prepared
                                                    tier would burden intramarket                                                                                    by the Exchange. The Exchange has
                                                    competition as it would apply to all                       only one method. The Commission will
                                                                                                               post all comments on the Commission’s                 designated this proposal as a ‘‘non-
                                                    Members uniformly. Accordingly, the                                                                              controversial’’ proposed rule change
                                                    Exchange does not believe that the                         Internet Web site (http://www.sec.gov/
                                                                                                                                                                     pursuant to section 19(b)(3)(A) of the
                                                    proposed change will impair the ability                    rules/sro.shtml). Copies of the
                                                                                                                                                                     Act 3 and Rule 19b–4(f)(6)(iii)
                                                    of Members or competing venues to                          submission, all subsequent
                                                                                                                                                                     thereunder,4 which renders it effective
                                                    maintain their competitive standing in                     amendments, all written statements                    upon filing with the Commission. The
                                                    the financial markets.                                     with respect to the proposed rule                     Commission is publishing this notice to
                                                                                                               change that are filed with the                        solicit comments on the proposed rule
                                                    C. Self-Regulatory Organization’s                          Commission, and all written
                                                    Statement on Comments on the                                                                                     change from interested persons.
                                                                                                               communications relating to the
                                                    Proposed Rule Change Received From                         proposed rule change between the                      I. Self-Regulatory Organization’s
                                                    Members, Participants, or Others                                                                                 Statement of the Terms of Substance of
                                                                                                               Commission and any person, other than
                                                      The Exchange has not solicited, and                      those that may be withheld from the                   the Proposed Rule Change
                                                    does not intend to solicit, comments on                    public in accordance with the
                                                    this proposed rule change. The                                                                                      The Exchange filed a proposal to
                                                                                                               provisions of 5 U.S.C. 552, will be                   amend Rule 11.13, Order Execution and
                                                    Exchange has not received any                              available for Web site viewing and
                                                    unsolicited written comments from                                                                                Routing, to delete references to the
                                                                                                               printing in the Commission’s Public                   TRIM3 routing option. The Exchange
                                                    Members or other interested parties.                       Reference Room, 100 F Street NE.,                     also proposes to amend its fee schedule
                                                    III. Date of Effectiveness of the                          Washington, DC 20549, on official                     to delete references to the TRIM3
                                                    Proposed Rule Change and Timing for                        business days between the hours of                    routing option under fee codes BY and
                                                    Commission Action                                          10:00 a.m. and 3:00 p.m. Copies of the                TV.
                                                       The foregoing rule change has become                    filing also will be available for
                                                                                                                                                                        The text of the proposed rule change
                                                    effective pursuant to section 19(b)(3)(A)                  inspection and copying at the principal
                                                                                                                                                                     is available at the Exchange’s Web site
                                                    of the Act 12 and paragraph (f)(2) of Rule                 office of the Exchange. All comments
                                                                                                                                                                     at www.batstrading.com, at the
                                                                                                               received will be posted without change;
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    19b–4 thereunder.13 At any time within                                                                           principal office of the Exchange, and at
                                                    60 days of the filing of the proposed rule                 the Commission does not edit personal
                                                                                                                                                                     the Commission’s Public Reference
                                                    change, the Commission summarily may                       identifying information from                          Room.
                                                    temporarily suspend such rule change if                    submissions. You should submit only
                                                    it appears to the Commission that such                     information that you wish to make                       14 17 CFR 200.30–3(a)(12).
                                                    action is necessary or appropriate in the                  available publicly. All submissions                     1 15 U.S.C. 78s(b)(1).
                                                                                                               should refer to File No. SR–BatsBZX–                    2 17 CFR 240.19b–4.
                                                      12 15   U.S.C. 78s(b)(3)(A).                             2016–12, and should be submitted on or                  3 15 U.S.C. 78s(b)(3)(A).
                                                      13 17   CFR 240.19b–4(f).                                before June 6, 2016.                                    4 17 CFR 240.19b–4(f)(6)(iii).




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                                                    30374                           Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices

                                                    II. Self-Regulatory Organization’s                        Fee code BY is yielded on orders                    objectives of section 6(b)(5) of the Act 12
                                                    Statement of the Purpose of, and                        routed to BYX using Destination                       in particular, in that it is designed to
                                                    Statutory Basis for, the Proposed Rule                  Specific, TRIM, TRIM2, TRIM3 or SLIM                  promote just and equitable principles of
                                                    Change                                                  routing strategy. Orders that yield fee               trade, to foster cooperation and
                                                       In its filing with the Commission, the               code BY receive a rebate of $0.0015 per               coordination with persons engaged in
                                                    Exchange included statements                            share. Fee Code TV is yielded on orders               facilitating transactions in securities, to
                                                    concerning the purpose of and basis for                 routed to NASDAQ BX LLC using TRIM,                   remove impediments to and perfect the
                                                    the proposed rule change and discussed                  TRIM2 or TRIM3 routing strategy.                      mechanism of a free and open market
                                                    any comments it received on the                         Orders that yield fee code TV receive a               and a national market system and, in
                                                    proposed rule change. The text of these                 rebate of $0.0010 per share.                          general, to protect investors and the
                                                    statements may be examined at the                         Because few Users elect the TRIM3                   public interest.
                                                    places specified in Item IV below. The                  routing option, the Exchange has
                                                                                                            determined that the current demand                       The Exchange does not believe that
                                                    Exchange has prepared summaries, set                                                                          this proposal will permit unfair
                                                    forth in sections A, B, and C below, of                 does not warrant the infrastructure and
                                                                                                            ongoing maintenance expenses required                 discrimination among customers,
                                                    the most significant parts of such                                                                            brokers, or dealers because the TRIM3
                                                    statements.                                             to support the product. Therefore, the
                                                                                                            Exchange proposes to delete reference to              routing option will no longer be
                                                    A. Self-Regulatory Organization’s                       the TRIM3 routing option under Rule                   available to all Users. The Exchange has
                                                    Statement of the Purpose of, and the                    11.13(b)(3)(G). The Exchange also                     few Users electing the TRIM3 routing
                                                    Statutory Basis for, the Proposed Rule                  proposes to amend its fee schedule to                 option and has determined that the
                                                    Change                                                  delete references to the TRIM3 routing                current demand does not warrant the
                                                                                                            option under fee codes BY and TV.                     infrastructure and ongoing maintenance
                                                    1. Purpose                                                                                                    expense required to support the
                                                                                                            Users seeking to route to BYX, NASDAQ
                                                       The Exchange proposes to amend                       BX, or DRT venues may use alternative                 product. Routing through the Exchange
                                                    Rule 11.13, Order Execution and                         methods, such as connecting to those                  is voluntary and alternative routing
                                                    Routing, to delete references to the                    exchanges directly or through a third                 options offered by the Exchange as well
                                                    TRIM3 routing option. The Exchange                      party service provider, or electing                   as other methods remain available to
                                                    also proposes to amend its fee schedule                 another routing option offered by the                 Users that wish to route to BYX,
                                                    to delete references to the TRIM3                       Exchange that enables a User to post an               NASDAQ BX, or DRT venues.13 In
                                                    routing option under fee codes BY and                   order to certain primary listing                      addition, the TRIM3 routing option is
                                                    TV.                                                     markets.9                                             not core product offering by the
                                                       Exchange Rule 11.13(b)(3)(G) includes                  In connection with the deletion of the              Exchange, nor is the Exchange required
                                                    the TRIM3 routing option as one of the                  TRIM3 routing option, the Exchange                    by the Act to offer such product.
                                                    routing options under which an order                    also proposes to amend Rule                           Therefore, the Exchange believes the
                                                    checks the System 5 for available shares                11.13(b)(3)(G) to update a numerical                  proposed rule change would make its
                                                    if so instructed by the entering User 6                 reference to the SLIM routing option.                 rules clearer and less confusing for
                                                    and then is sent to destinations on the                 Exchange Rule 11.13(b)(3)(G) currently                investors by removing a routing option
                                                    applicable System routing table. The                    states that in connection with SLIM                   that will no longer be offered by the
                                                    term ‘‘System routing table’’ refers to the             routing option, currently listed as                   Exchange; thereby removing
                                                    proprietary process for determining the                 subsection (vii) of the Rule, a User may              impediments to and perfecting the
                                                    specific trading venues to which the                    designate that an order first routes to               mechanism of a free and open market
                                                    System routes orders and the order in                   BYX, checks the System for available                  and a national market system, and, in
                                                    which it routes them.7 Orders routed                    shares, and then routes to other                      general, protecting investors and the
                                                    pursuant to the TRIM3 routing option                    destinations on the System routing                    public interest.
                                                    are only sent to NASDAQ BX, BYX                         table. Upon deletion of the TRIM3
                                                    Exchange, Inc. (‘‘BYX’’), and certain                   routing option, the SLIM routing option               B. Self-Regulatory Organization’s
                                                    alternative trading systems available                   will be renumbered as section (vi) and                Statement on Burden on Competition
                                                    through the Exchange’s DRT routing                      the Exchange proposes to update Rule                    The Exchange does not believe that
                                                    option (‘‘DRT Venues’’).8                               11.13(b)(3)(G) accordingly.                           the proposal will impose any burden on
                                                                                                              The Exchange intends to implement                   competition not necessary or
                                                       5 The ‘‘System’’ is the Exchange’s electronic
                                                                                                            the proposed rule change on May 6,                    appropriate in furtherance of the
                                                    communications and trading facility designated by
                                                    the Board through which securities orders of Users      2016.10                                               purposes of the Act. The proposed rule
                                                    are consolidated for ranking, execution and, when       2. Statutory Basis                                    change is not designed to address any
                                                    applicable, routing away. See Exchange Rule
                                                                                                                                                                  competitive issues but rather avoid
                                                    1.5(aa).                                                   The Exchange believes that its
                                                       6 The term ‘‘User’’ is defined as ‘‘any Member or                                                          investor confusion by eliminating the
                                                                                                            proposal is consistent with section 6(b)
                                                    Sponsored Participant who is authorized to obtain                                                             TRIM3 routing option that is to be
                                                                                                            of the Act 11 in general, and furthers the
                                                    access to the System pursuant to Rule 11.3.’’ See                                                             discontinued by the Exchange.
                                                    Exchange Rule 1.5(cc).
                                                       7 See Exchange Rule 11.13(b)(3). The Exchange        (February 13, 2012) (SR–BATS–2012–007)                C. Self-Regulatory Organization’s
                                                    reserves the right to maintain a different System       (adopting the TRIM3 routing option).
                                                                                                              9 See e.g., Rule 11.13(b)(3)(E) (describing the
                                                                                                                                                                  Statement on Comments on the
                                                    routing table for different routing options and to
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    modify the System routing table at any time without     Destination Specific routing option under which an    Proposed Rule Change Received From
                                                    notice. Id.                                             order checks the System for available shares and      Members, Participants, or Others
                                                       8 DRT is a routing option in which the entering      then is sent to an away trading center or centers
                                                    firm instructs the System to route to alternative       specified by the User).                                 The Exchange has neither solicited
                                                    trading systems included in the System routing            10 See Bats to Decommission ICMT, IOCM, and
                                                                                                                                                                  nor received written comments on the
                                                    table. Unless otherwise specified, DRT can be           TRIM3 Routing Strategies, issued April 18, 2016,      proposed rule change.
                                                    combined with and function consistent with all          available at http://cdn.batstrading.com/resources/
                                                    other routing options. See Exchange Rule                release_notes/2016/Bats-to-Decommission-ICMT-
                                                    11.13(b)(3)(D). See also Securities Exchange Act        IOCM-and-TRIM3-Routing-Strategies.pdf.                  12 15   U.S.C. 78f(b)(5).
                                                    Release No. 66324 (February 6, 2012), 77 FR 7642          11 15 U.S.C. 78f(b).                                  13 See   supra note 9 and accompanying text.



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                                                                                    Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices                                                   30375

                                                    III. Date of Effectiveness of the                       Commission takes such action, the                       For the Commission, by the Division of
                                                    Proposed Rule Change and Timing for                     Commission shall institute proceedings                Trading and Markets, pursuant to delegated
                                                    Commission Action                                       to determine whether the proposed rule                authority.19
                                                       Because the proposed rule change                     change should be approved or                          Robert W. Errett,
                                                    does not (i) significantly affect the                   disapproved.                                          Deputy Secretary.
                                                    protection of investors or the public                   IV. Solicitation of Comments                          [FR Doc. 2016–11408 Filed 5–13–16; 8:45 am]
                                                    interest; (ii) impose any significant                                                                         BILLING CODE 8011–01–P
                                                    burden on competition; and (iii) become                   Interested persons are invited to
                                                    operative for 30 days from the date on                  submit written data, views, and
                                                    which it was filed, or such shorter time                arguments concerning the foregoing,                   SECURITIES AND EXCHANGE
                                                    as the Commission may designate, it has                 including whether the proposed rule                   COMMISSION
                                                    become effective pursuant to section                    change is consistent with the Act.
                                                    19(b)(3)(A) of the Act14 and Rule 19b–                  Comments may be submitted by any of                   [Release No. 34–77791; File No. SR–
                                                    4(f)(6) thereunder.15                                   the following methods:                                BatsEDGX–2016–14]
                                                       A proposed rule change filed
                                                                                                            Electronic Comments
                                                    pursuant to Rule 19b–4(f)(6) under the                                                                        Self-Regulatory Organizations; Bats
                                                    Act 16 normally does not become                           • Use the Commission’s Internet                     EDGX Exchange, Inc. f/k/a EDGX
                                                    operative for 30 days after the date of its             comment form (http://www.sec.gov/                     Exchange, Inc.; Notice of Filing and
                                                    filing. However, Rule 19b–4(f)(6)(iii) 17               rules/sro.shtml); or                                  Immediate Effectiveness of a Proposed
                                                    permits the Commission to designate a                     • Send an email to rule-comments@                   Rule Change To Adopt Exchange Rule
                                                    shorter time if such action is consistent               sec.gov. Please include File No. SR–                  11.22(a) To Implement the Quoting and
                                                    with the protection of investors and the                BatsBZX–2016–13 on the subject line.                  Trading Provisions of the Regulation
                                                    public interest. The Exchange has asked                                                                       NMS Plan To Implement a Tick Size
                                                    the Commission to waive the 30-day                      Paper Comments                                        Pilot Program
                                                    operative delay so that the proposal may
                                                    become operative immediately upon                         • Send paper comments in triplicate                 May 10, 2016.
                                                    filing. The Exchange states that waiver                 to Secretary, Securities and Exchange
                                                                                                            Commission, 100 F Street NE.,                            Pursuant to Section 19(b)(1) of the
                                                    of the 30-day operative delay would                                                                           Securities Exchange Act of 1934 (the
                                                    allow the Exchange to modify its rules                  Washington, DC 20549–1090.
                                                                                                                                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    in a timely manner by: (i) Eliminating a                All submissions should refer to File No.              notice is hereby given that on May 2,
                                                    rule that accounts for services with few                SR–BatsBZX–2016–13. This file number                  2016, Bats EDGX Exchange, Inc. f/k/a
                                                    subscribers that the Exchange intends to                should be included on the subject line                EDGX Exchange, Inc. (the ‘‘Exchange’’
                                                    discontinue; and (ii) accurately                        if email is used. To help the                         or ‘‘EDGX’’) filed with the Securities
                                                    describing the alternative routing                      Commission process and review your                    and Exchange Commission
                                                    options available to Users, thereby                     comments more efficiently, please use                 (‘‘Commission’’) the proposed rule
                                                    avoiding potential investor confusion                   only one method. The Commission will                  change as described in Items I, II and III
                                                    during the operative delay period. Based                post all comments on the Commission’s                 below, which Items have been prepared
                                                    on the foregoing, the Commission                        Internet Web site (http://www.sec.gov/                by the Exchange. The Exchange has
                                                    believes the waiver of the operative                    rules/sro.shtml). Copies of the                       designated this proposal as a ‘‘non-
                                                    delay is consistent with the protection                 submission, all subsequent                            controversial’’ proposed rule change
                                                    of investors and the public interest.                   amendments, all written statements                    pursuant to Section 19(b)(3)(A) of the
                                                    Therefore, the Commission hereby                        with respect to the proposed rule                     Act 3 and Rule 19b–4(f)(6)(iii)
                                                    waives the operative delay and                          change that are filed with the                        thereunder,4 which renders it effective
                                                    designates the proposal operative upon                  Commission, and all written                           upon filing with the Commission. The
                                                    filing.18                                               communications relating to the                        Commission is publishing this notice to
                                                       At any time within 60 days of the                    proposed rule change between the                      solicit comments on the proposed rule
                                                    filing of the proposed rule change, the                 Commission and any person, other than                 change from interested persons.
                                                    Commission summarily may                                those that may be withheld from the
                                                    temporarily suspend such rule change if                 public in accordance with the                         I. Self-Regulatory Organization’s
                                                    it appears to the Commission that such                  provisions of 5 U.S.C. 552, will be                   Statement of the Terms of Substance of
                                                    action is necessary or appropriate in the               available for Web site viewing and                    the Proposed Rule Change
                                                    public interest, for the protection of                  printing in the Commission’s Public
                                                    investors, or otherwise in furtherance of                                                                        The Exchange filed a proposal to
                                                                                                            Reference Room, 100 F Street NE.,
                                                    the purposes of the Act. If the                                                                               adopt Exchange Rule 11.22(a) to
                                                                                                            Washington, DC 20549, on official
                                                                                                                                                                  implement the quoting and trading
                                                                                                            business days between the hours of
                                                      14 15  U.S.C. 78s(b)(3)(A).                                                                                 provisions of the Regulation NMS Plan
                                                                                                            10:00 a.m. and 3:00 p.m. Copies of the
                                                      15 17  CFR 240.19b–4(f)(6). As required under Rule                                                          To Implement a Tick Size Pilot Program
                                                                                                            filing also will be available for
                                                    19b–4(f)(6)(iii), the Exchange provided the                                                                   (‘‘Plan’’). The proposed rule change is
                                                    Commission with written notice of its intent to file    inspection and copying at the principal
                                                                                                                                                                  substantially similar to a proposed rule
                                                    the proposed rule change, along with a brief            office of the Exchange. All comments
                                                                                                                                                                  change approved by the Commission by
                                                    description and the text of the proposed rule           received will be posted without change;
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    change, at least five business days prior to the date                                                         the Bats BZX Exchange, Inc. f/k/a BATS
                                                                                                            the Commission does not edit personal
                                                    of filing of the proposed rule change, or such                                                                Exchange, Inc. (‘‘BZX’’) to adopt BZX
                                                    shorter time as designated by the Commission.           identifying information from
                                                                                                                                                                  Rule 11.27(a) which also implemented
                                                       16 17 CFR 240.19b–4(f)(6).                           submissions. You should submit only
                                                       17 17 CFR 240.19b–4(f)(6)(iii).                      information that you wish to make                       19 17 CFR 200.30–3(a)(12).
                                                       18 For purposes only of waiving the 30-day           available publicly. All submissions                     1 15
                                                    operative delay, the Commission has also                                                                             U.S.C. 78s(b)(1).
                                                                                                            should refer to File No. SR–BatsBZX–                    2 17 CFR 240.19b–4.
                                                    considered the proposed rule’s impact on
                                                    efficiency, competition, and capital formation. See
                                                                                                            2016–13, and should be submitted on or                  3 15 U.S.C. 78s(b)(3)(A).

                                                    15 U.S.C. 78c(f).                                       before June 6, 2016.                                    4 17 CFR 240.19b–4(f)(6)(iii).




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Document Created: 2016-05-14 01:16:53
Document Modified: 2016-05-14 01:16:53
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 30373 

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