81_FR_35221 81 FR 35116 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.23, Opening Process

81 FR 35116 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.23, Opening Process

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 105 (June 1, 2016)

Page Range35116-35118
FR Document2016-12781

Federal Register, Volume 81 Issue 105 (Wednesday, June 1, 2016)
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Notices]
[Pages 35116-35118]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12781]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77919; File No. SR-BatsBYX-2016-09]


Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 
11.23, Opening Process

May 25, 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 20, 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 11.23, Opening Process, 
to await a two-sided quotation from the listing exchange prior to 
opening a security for trading during Regular Trading Hours.\5\
---------------------------------------------------------------------------

    \5\ See Exchange Rule 1.5(w).
---------------------------------------------------------------------------

    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 11.23, Opening Process, to 
await a two-sided quotation from the listing exchange prior to opening 
a security for trading during Regular Trading Hours.
    Exchange Rule 11.23 describes the Exchange's current opening 
process. Subparagraph (a) to Rule 11.23 states that prior to the 
beginning of the Regular Trading Hours, Users \6\ who wish to 
participate in the Opening Process may enter orders to buy or sell.\7\ 
Subparagraph (a)(2) to Rule 11.23 provides that, with certain 
exceptions,\8\ all orders with a time-in-force instruction of Regular 
Hours Only may participate in the Opening Process. Subparagraph (b) to 
Rule 11.23 states that the Exchange will open by performing the Opening 
Process in which the System will attempt to match buy and sell orders 
that are executable at the midpoint of the National Best Bid and Offer 
(``NBBO''). Subparagraph (c) to Exchange Rule 11.23 sets forth the 
process by which the System sets the opening price of the Opening 
Process. Currently, the System \9\ sets the price of the Opening 
Process at the midpoint of the first NBBO after 9:30:00 a.m. Eastern 
Time. However, for securities listed on either the New York Stock 
Exchange, Inc. (``NYSE'') or NYSE MKT LLC (``NYSE MKT''), the System 
currently sets the price of the Opening Process at the midpoint of the 
first NBBO subsequent to the first reported trade on the listing 
exchange after 9:30:00 a.m. Eastern Time. The Exchange may 
alternatively set the price of the Opening Process for securities 
listed on either the NYSE or NYSE MKT at the midpoint of the then 
prevailing NBBO when the first two-sided quotation published by the 
relevant listing exchange after 9:30:00 a.m. Eastern Time, but before 
9:45:00 a.m. Eastern Time if no first trade is reported by the listing 
exchange within one second of publication of the first two-sided 
quotation by the listing exchange. The System waits to set the price at 
the midpoint of the first NBBO as set forth above because securities 
listed on the NYSE or NYSE MKT may not open at precisely 9:30:00 a.m. 
Eastern Time.
---------------------------------------------------------------------------

    \6\ See Exchange Rule 1.5(cc).
    \7\ Orders cancelled prior to the Opening Process will not 
participate in the Opening Process.
    \8\ The following order types and instruction may not 
participate in the opening process: (i) BYX Post Only Orders, 
Partial Post Only at Limit Orders, ISOs not modified by Rule 
11.23(a)(1) above, and Minimum Quantity Orders. See Exchange Rule 
11.23(a)(2). Limit orders with a Reserve Quantity may participate to 
the full extent of their displayed size and Reserve Quantity. Id. 
Discretionary Orders may participate only up to their ranked price 
for buy orders or down to their ranked price for sell orders. Id. 
The discretionary range of such orders will not be eligible for 
participation in the Opening Process. Id. All Pegged Orders and Mid-
Point Peg Orders, as defined in Rule 11.9(c)(8) and (9), will be 
eligible for execution in the Opening Process based on their pegged 
prices. Id.
    \9\ See Exchange Rule 1.5(aa).
---------------------------------------------------------------------------

    Pursuant to subparagraph (b) of Rule 11.23, all orders executable 
at the midpoint of the NBBO will continue to be processed in time 
sequence, beginning with the order with the oldest time stamp. Matches 
occur until there are no remaining contra-side orders or there is an 
imbalance of orders. An imbalance of orders may result in orders that 
cannot be executed in whole or in part. Any unexecuted orders may then 
be placed by the System on the BYX Book,\10\ cancelled, executed, or 
routed to away Trading Centers in accordance with the Users' 
instructions pursuant to Exchange Rule 11.13(a)(2).
---------------------------------------------------------------------------

    \10\ The term ``BYX Book'' is defined as ``the System's 
electronic file of orders.'' See Exchange Rule 1.5(e).
---------------------------------------------------------------------------

    The Exchange proposes to amend subparagraph (c) to Rule 11.23 to 
now await a two-sided quotation from the listing exchange prior to 
opening a security for trading during Regular Trading Hours. As 
amended, subparagraph (c)(2) to Rule 11.23 would state that the System 
would set the price of the Opening Process at the midpoint of the first 
NBBO subsequent to the first two-sided quotation published by the 
listing exchange after 9:30:00 a.m. Eastern Time. For securities listed 
on either the NYSE or NYSE MKT, subparagraph (c)(1)(i) to Rule 11.23 
would state that the System would set the price of the Opening Process 
at the midpoint of the first NBBO subsequent to the first reported 
trade and first

[[Page 35117]]

reported quotation on the listing exchange after 9:30:00 a.m. Eastern 
Time. Pursuant to subparagraph (c)(1)(i) to Rule 11.23, the Exchange 
will utilize the existing NBBO to calculate each security's opening 
price once a trade and two-sided quotation are received from the 
listing exchange, regardless of the order in which the trade or 
quotation are received. The Exchange believes the proposed rule change 
will enable the listing market's quotation to be incorporated into the 
NBBO, which the Exchange would, in turn, utilize in its calculation of 
the midpoint of the NBBO. The Exchange believes doing so would result 
in an opening price that more closely reflect the opening market prices 
and conditions for that security. Under subparagraph (c)(1)(ii) to Rule 
11.23, the Exchange will continue to alternatively set the price of the 
Opening Process for securities listed on either the NYSE or NYSE MKT at 
the midpoint of the then prevailing NBBO when the first two-sided 
quotation published by the relevant listing exchange after 9:30:00 a.m. 
Eastern Time, but before 9:45:00 a.m. Eastern Time if no first trade is 
reported by the listing exchange within one second of publication of 
the first two-sided quotation by the listing exchange.
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. The Exchange believes the 
proposed rule change will promote just and equitable principles of 
trade, removes impediments to, and perfect the mechanism of, a free and 
open market and a national market system because it enables the System 
to execute the Opening Process at a price that is objectively 
established by the market for the security. The proposal would enable 
the listing market's quotation to be incorporated into the NBBO, which 
the Exchange would, in turn, utilize in its calculation of the midpoint 
of the NBBO. The Exchange believes doing so would result in an opening 
price that more closely reflect the opening market prices and 
conditions for that security. Therefore, the Exchange believes the 
proposed rule change promotes just and equitable principles of trade 
because it ensures a midpoint price that the Exchange believes would 
accurately reflect the market for the security.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 will enable the 
Exchange to incorporate the listing market's quotation into its 
calculation of the midpoint of the NBBO, resulting in an opening price 
that would more closely reflect the opening market prices and 
conditions for that security. Therefore, the Exchange believes the 
proposed rule change will promote competition by enhancing the quality 
of the Exchange's opening process.

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 market 
participants to immediately realize the benefits of what may be more 
accurate opening prices. 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 No. SR-BatsBYX-2016-09 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-2016-09. 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

[[Page 35118]]

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-2016-09, and should be submitted on or before June 
22, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-12781 Filed 5-31-16; 8:45 am]
BILLING CODE 8011-01-P



                                                35116                         Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices

                                                reasons stated above, the Commission                    the Commission’s Public Reference                       Currently, the System 9 sets the price of
                                                designates July 11, 2016 as the date by                 Room.                                                   the Opening Process at the midpoint of
                                                which the Commission should either                                                                              the first NBBO after 9:30:00 a.m. Eastern
                                                                                                        II. Self-Regulatory Organization’s
                                                approve or disapprove, or institute                                                                             Time. However, for securities listed on
                                                                                                        Statement of the Purpose of, and
                                                proceedings to determine whether to                                                                             either the New York Stock Exchange,
                                                                                                        Statutory Basis for, the Proposed Rule
                                                disapprove, the proposed rule change                                                                            Inc. (‘‘NYSE’’) or NYSE MKT LLC
                                                                                                        Change
                                                (File No. SR–NYSEMKT–2016–42).                                                                                  (‘‘NYSE MKT’’), the System currently
                                                                                                           In its filing with the Commission, the               sets the price of the Opening Process at
                                                  For the Commission, by the Division of
                                                Trading and Markets, pursuant to delegated
                                                                                                        Exchange included statements                            the midpoint of the first NBBO
                                                authority.6                                             concerning the purpose of and basis for                 subsequent to the first reported trade on
                                                Brent J. Fields,
                                                                                                        the proposed rule change and discussed                  the listing exchange after 9:30:00 a.m.
                                                                                                        any comments it received on the                         Eastern Time. The Exchange may
                                                Secretary.
                                                                                                        proposed rule change. The text of these                 alternatively set the price of the
                                                [FR Doc. 2016–12773 Filed 5–31–16; 8:45 am]             statements may be examined at the                       Opening Process for securities listed on
                                                BILLING CODE 8011–01–P                                  places specified in Item IV below. The                  either the NYSE or NYSE MKT at the
                                                                                                        Exchange has prepared summaries, set                    midpoint of the then prevailing NBBO
                                                                                                        forth in Sections A, B, and C below, of                 when the first two-sided quotation
                                                SECURITIES AND EXCHANGE                                 the most significant parts of such
                                                COMMISSION                                                                                                      published by the relevant listing
                                                                                                        statements.                                             exchange after 9:30:00 a.m. Eastern
                                                [Release No. 34–77919; File No. SR–                                                                             Time, but before 9:45:00 a.m. Eastern
                                                                                                        A. Self-Regulatory Organization’s
                                                BatsBYX–2016–09]                                                                                                Time if no first trade is reported by the
                                                                                                        Statement of the Purpose of, and the
                                                                                                        Statutory Basis for, the Proposed Rule                  listing exchange within one second of
                                                Self-Regulatory Organizations; Bats
                                                                                                        Change                                                  publication of the first two-sided
                                                BYX Exchange, Inc.; Notice of Filing
                                                                                                                                                                quotation by the listing exchange. The
                                                and Immediate Effectiveness of a                        1. Purpose                                              System waits to set the price at the
                                                Proposed Rule Change to Rule 11.23,
                                                                                                           The Exchange proposes to amend                       midpoint of the first NBBO as set forth
                                                Opening Process
                                                                                                        Rule 11.23, Opening Process, to await a                 above because securities listed on the
                                                May 25, 2016.                                           two-sided quotation from the listing                    NYSE or NYSE MKT may not open at
                                                   Pursuant to Section 19(b)(1) of the                  exchange prior to opening a security for                precisely 9:30:00 a.m. Eastern Time.
                                                Securities Exchange Act of 1934 (the                    trading during Regular Trading Hours.                      Pursuant to subparagraph (b) of Rule
                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                     Exchange Rule 11.23 describes the                    11.23, all orders executable at the
                                                notice is hereby given that on May 20,                  Exchange’s current opening process.                     midpoint of the NBBO will continue to
                                                2016, Bats BYX Exchange, Inc. (the                      Subparagraph (a) to Rule 11.23 states                   be processed in time sequence,
                                                ‘‘Exchange’’ or ‘‘BYX’’) filed with the                 that prior to the beginning of the                      beginning with the order with the oldest
                                                Securities and Exchange Commission                      Regular Trading Hours, Users 6 who                      time stamp. Matches occur until there
                                                (‘‘Commission’’) the proposed rule                      wish to participate in the Opening                      are no remaining contra-side orders or
                                                change as described in Items I and II                   Process may enter orders to buy or sell.7               there is an imbalance of orders. An
                                                below, which Items have been prepared                   Subparagraph (a)(2) to Rule 11.23                       imbalance of orders may result in orders
                                                by the Exchange. The Exchange has                       provides that, with certain exceptions,8                that cannot be executed in whole or in
                                                designated this proposal as a ‘‘non-                    all orders with a time-in-force                         part. Any unexecuted orders may then
                                                controversial’’ proposed rule change                    instruction of Regular Hours Only may                   be placed by the System on the BYX
                                                pursuant to Section 19(b)(3)(A) of the                  participate in the Opening Process.                     Book,10 cancelled, executed, or routed
                                                Act 3 and Rule 19b–4(f)(6)(iii)                         Subparagraph (b) to Rule 11.23 states                   to away Trading Centers in accordance
                                                thereunder,4 which renders it effective                 that the Exchange will open by                          with the Users’ instructions pursuant to
                                                upon filing with the Commission. The                    performing the Opening Process in                       Exchange Rule 11.13(a)(2).
                                                Commission is publishing this notice to                 which the System will attempt to match                     The Exchange proposes to amend
                                                solicit comments on the proposed rule                   buy and sell orders that are executable                 subparagraph (c) to Rule 11.23 to now
                                                change from interested persons.                         at the midpoint of the National Best Bid                await a two-sided quotation from the
                                                                                                        and Offer (‘‘NBBO’’). Subparagraph (c)                  listing exchange prior to opening a
                                                I. Self-Regulatory Organization’s                       to Exchange Rule 11.23 sets forth the                   security for trading during Regular
                                                Statement of the Terms of Substance of                  process by which the System sets the                    Trading Hours. As amended,
                                                the Proposed Rule Change                                opening price of the Opening Process.                   subparagraph (c)(2) to Rule 11.23 would
                                                   The Exchange filed a proposal to                                                                             state that the System would set the price
                                                                                                          6 See Exchange Rule 1.5(cc).
                                                amend Rule 11.23, Opening Process, to                                                                           of the Opening Process at the midpoint
                                                                                                          7 Orders  cancelled prior to the Opening Process
                                                await a two-sided quotation from the                                                                            of the first NBBO subsequent to the first
                                                                                                        will not participate in the Opening Process.
                                                listing exchange prior to opening a                       8 The following order types and instruction may
                                                                                                                                                                two-sided quotation published by the
                                                security for trading during Regular                     not participate in the opening process: (i) BYX Post    listing exchange after 9:30:00 a.m.
                                                Trading Hours.5                                         Only Orders, Partial Post Only at Limit Orders, ISOs    Eastern Time. For securities listed on
                                                   The text of the proposed rule change                 not modified by Rule 11.23(a)(1) above, and             either the NYSE or NYSE MKT,
                                                                                                        Minimum Quantity Orders. See Exchange Rule
                                                is available at the Exchange’s Web site                 11.23(a)(2). Limit orders with a Reserve Quantity
                                                                                                                                                                subparagraph (c)(1)(i) to Rule 11.23
                                                at www.batstrading.com, at the                          may participate to the full extent of their displayed   would state that the System would set
sradovich on DSK3TPTVN1PROD with NOTICES




                                                principal office of the Exchange, and at                size and Reserve Quantity. Id. Discretionary Orders     the price of the Opening Process at the
                                                                                                        may participate only up to their ranked price for       midpoint of the first NBBO subsequent
                                                                                                        buy orders or down to their ranked price for sell
                                                  6 17 CFR 200.30–3(a)(31).
                                                                                                        orders. Id. The discretionary range of such orders
                                                                                                                                                                to the first reported trade and first
                                                  1 15 U.S.C. 78s(b)(1).
                                                  2 17 CFR 240.19b–4.
                                                                                                        will not be eligible for participation in the Opening
                                                                                                                                                                  9 SeeExchange Rule 1.5(aa).
                                                                                                        Process. Id. All Pegged Orders and Mid-Point Peg
                                                  3 15 U.S.C. 78s(b)(3)(A).                                                                                       10 The
                                                                                                        Orders, as defined in Rule 11.9(c)(8) and (9), will              term ‘‘BYX Book’’ is defined as ‘‘the
                                                  4 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                        be eligible for execution in the Opening Process        System’s electronic file of orders.’’ See Exchange
                                                  5 See Exchange Rule 1.5(w).                           based on their pegged prices. Id.                       Rule 1.5(e).



                                           VerDate Sep<11>2014   21:59 May 31, 2016   Jkt 238001   PO 00000   Frm 00148   Fmt 4703   Sfmt 4703   E:\FR\FM\01JNN1.SGM       01JNN1


                                                                                Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices                                                       35117

                                                reported quotation on the listing                          Therefore, the Exchange believes the                    become operative immediately upon
                                                exchange after 9:30:00 a.m. Eastern                        proposed rule change promotes just and                  filing. The Exchange states that waiver
                                                Time. Pursuant to subparagraph (c)(1)(i)                   equitable principles of trade because it                of the 30-day operative delay would
                                                to Rule 11.23, the Exchange will utilize                   ensures a midpoint price that the                       allow market participants to
                                                the existing NBBO to calculate each                        Exchange believes would accurately                      immediately realize the benefits of what
                                                security’s opening price once a trade                      reflect the market for the security.                    may be more accurate opening prices.
                                                and two-sided quotation are received                                                                               Based on the foregoing, the Commission
                                                                                                           B. Self-Regulatory Organization’s
                                                from the listing exchange, regardless of                                                                           believes the waiver of the operative
                                                                                                           Statement on Burden on Competition
                                                the order in which the trade or                                                                                    delay is consistent with the protection
                                                quotation are received. The Exchange                         The Exchange does not believe that                    of investors and the public interest.
                                                believes the proposed rule change will                     the proposal will impose any burden on                  Therefore, the Commission hereby
                                                enable the listing market’s quotation to                   competition not necessary or                            waives the operative delay and
                                                be incorporated into the NBBO, which                       appropriate in furtherance of the                       designates the proposal operative upon
                                                the Exchange would, in turn, utilize in                    purposes of the Act. The proposed rule                  filing.17
                                                its calculation of the midpoint of the                     change will enable the Exchange to                         At any time within 60 days of the
                                                NBBO. The Exchange believes doing so                       incorporate the listing market’s                        filing of the proposed rule change, the
                                                would result in an opening price that                      quotation into its calculation of the                   Commission summarily may
                                                more closely reflect the opening market                    midpoint of the NBBO, resulting in an                   temporarily suspend such rule change if
                                                prices and conditions for that security.                   opening price that would more closely                   it appears to the Commission that such
                                                Under subparagraph (c)(1)(ii) to Rule                      reflect the opening market prices and                   action is necessary or appropriate in the
                                                11.23, the Exchange will continue to                       conditions for that security. Therefore,                public interest, for the protection of
                                                alternatively set the price of the                         the Exchange believes the proposed rule                 investors, or otherwise in furtherance of
                                                Opening Process for securities listed on                   change will promote competition by                      the purposes of the Act. If the
                                                either the NYSE or NYSE MKT at the                         enhancing the quality of the Exchange’s                 Commission takes such action, the
                                                midpoint of the then prevailing NBBO                       opening process.                                        Commission shall institute proceedings
                                                when the first two-sided quotation                         C. Self-Regulatory Organization’s                       to determine whether the proposed rule
                                                published by the relevant listing                          Statement on Comments on the                            change should be approved or
                                                exchange after 9:30:00 a.m. Eastern                        Proposed Rule Change Received From                      disapproved.
                                                Time, but before 9:45:00 a.m. Eastern                      Members, Participants, or Others                        IV. Solicitation of Comments
                                                Time if no first trade is reported by the
                                                listing exchange within one second of                        The Exchange has neither solicited                      Interested persons are invited to
                                                publication of the first two-sided                         nor received written comments on the                    submit written data, views, and
                                                quotation by the listing exchange.                         proposed rule change.                                   arguments concerning the foregoing,
                                                                                                           III. Date of Effectiveness of the                       including whether the proposed rule
                                                2. Statutory Basis                                                                                                 change is consistent with the Act.
                                                                                                           Proposed Rule Change and Timing for
                                                   The Exchange believes that its                          Commission Action                                       Comments may be submitted by any of
                                                proposal is consistent with Section 6(b)                                                                           the following methods:
                                                of the Act 11 in general, and furthers the                    Because the proposed rule change
                                                                                                           does not (i) significantly affect the                   Electronic Comments
                                                objectives of Section 6(b)(5) of the Act 12
                                                in particular, in that it is designed to                   protection of investors or the public                     • Use the Commission’s Internet
                                                promote just and equitable principles of                   interest; (ii) impose any significant                   comment form (http://www.sec.gov/
                                                trade, to foster cooperation and                           burden on competition; and (iii) become                 rules/sro.shtml); or
                                                coordination with persons engaged in                       operative for 30 days from the date on                    • Send an email to rule-comments@
                                                facilitating transactions in securities, to                which it was filed, or such shorter time                sec.gov. Please include File No. SR–
                                                remove impediments to and perfect the                      as the Commission may designate, it has                 BatsBYX–2016–09 on the subject line.
                                                mechanism of a free and open market                        become effective pursuant to Section
                                                                                                           19(b)(3)(A) of the Act 13 and Rule 19b–                 Paper Comments
                                                and a national market system and, in
                                                general, to protect investors and the                      4(f)(6) thereunder.14                                      • Send paper comments in triplicate
                                                public interest. The Exchange believes                        A proposed rule change filed                         to Secretary, Securities and Exchange
                                                the proposed rule change will promote                      pursuant to Rule 19b–4(f)(6) under the                  Commission, 100 F Street NE.,
                                                just and equitable principles of trade,                    Act 15 normally does not become                         Washington, DC 20549–1090.
                                                removes impediments to, and perfect                        operative for 30 days after the date of its             All submissions should refer to File No.
                                                the mechanism of, a free and open                          filing. However, Rule 19b–4(f)(6)(iii) 16               SR–BatsBYX–2016–09. This file number
                                                market and a national market system                        permits the Commission to designate a                   should be included on the subject line
                                                because it enables the System to execute                   shorter time if such action is consistent               if email is used. To help the
                                                the Opening Process at a price that is                     with the protection of investors and the                Commission process and review your
                                                objectively established by the market for                  public interest. The Exchange has asked                 comments more efficiently, please use
                                                the security. The proposal would enable                    the Commission to waive the 30-day                      only one method. The Commission will
                                                the listing market’s quotation to be                       operative delay so that the proposal may                post all comments on the Commission’s
                                                incorporated into the NBBO, which the                                                                              Internet Web site (http://www.sec.gov/
                                                                                                             13 15  U.S.C. 78s(b)(3)(A).
                                                Exchange would, in turn, utilize in its                                                                            rules/sro.shtml). Copies of the
                                                                                                             14 17  CFR 240.19b–4(f)(6). As required under Rule    submission, all subsequent
sradovich on DSK3TPTVN1PROD with NOTICES




                                                calculation of the midpoint of the                         19b–4(f)(6)(iii), the Exchange provided the
                                                NBBO. The Exchange believes doing so                       Commission with written notice of its intent to file    amendments, all written statements
                                                would result in an opening price that                      the proposed rule change, along with a brief            with respect to the proposed rule
                                                                                                           description and the text of the proposed rule
                                                more closely reflect the opening market                    change, at least five business days prior to the date      17 For purposes only of waiving the 30-day
                                                prices and conditions for that security.                   of filing of the proposed rule change, or such          operative delay, the Commission has also
                                                                                                           shorter time as designated by the Commission.           considered the proposed rule’s impact on
                                                  11 15   U.S.C. 78f(b).                                     15 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                   efficiency, competition, and capital formation. See
                                                  12 15   U.S.C. 78f(b)(5).                                  16 17 CFR 240.19b–4(f)(6)(iii).                       15 U.S.C. 78c(f).



                                           VerDate Sep<11>2014      21:59 May 31, 2016   Jkt 238001   PO 00000   Frm 00149   Fmt 4703   Sfmt 4703   E:\FR\FM\01JNN1.SGM    01JNN1


                                                35118                            Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices

                                                change that are filed with the                            Regulatory Affairs, Office of                         on a first-come basis. Members of the
                                                Commission, and all written                               Management and Budget, New                            public wishing to attend the meeting
                                                communications relating to the                            Executive Office Building, Washington,                will need to show photo identification
                                                proposed rule change between the                          DC 20503.                                             in order to gain access to the meeting
                                                Commission and any person, other than                     FOR FURTHER INFORMATION CONTACT:                      location.
                                                those that may be withheld from the                       Curtis Rich, Agency Clearance Officer,                FOR FURTHER INFORMATION CONTACT: The
                                                public in accordance with the                             (202) 205–7030 curtis.rich@sba.gov.                   BOV’s Designated Federal Officer or
                                                provisions of 5 U.S.C. 552, will be                          Copies: A copy of the Form OMB 83–                 Point of Contact Brian Blower; 202 366–
                                                available for Web site viewing and                        1, supporting statement, and other                    2765; Brian.Blower@dot.gov.
                                                printing in the Commission’s Public                       documents submitted to OMB for                        SUPPLEMENTARY INFORMATION: Any
                                                Reference Room, 100 F Street NE.,                         review may be obtained from the                       member of the public is permitted to file
                                                Washington, DC 20549, on official                         Agency Clearance Officer.                             a written statement with the Academy
                                                business days between the hours of                        SUPPLEMENTARY INFORMATION: The Small                  BOV. Written statements should be sent
                                                10:00 a.m. and 3:00 p.m. Copies of the                    Business Regulatory Enforcement                       to the Designated Federal Officer at:
                                                filing also will be available for                         Fairness Act of 1996, 15 U.S.C. Sec.                  Brian Blower; 1200 New Jersey Ave. SE.,
                                                inspection and copying at the principal                   657(b)(2)(B), requires the SBA National               W28–313, Washington, DC 20590 or via
                                                office of the Exchange. All comments                      Ombudsman to establish a means for                    email at Brian.Blower@Dot.gov. (Please
                                                received will be posted without change;                   SBA to receive comments on regulatory                 contact the Designated Federal Officer
                                                the Commission does not edit personal                     and compliance actions from small                     for information on submitting comments
                                                identifying information from                              entities regarding their disagreements                via fax.) Written statements must be
                                                submissions. You should submit only                       with a Federal Agency action. The                     received no later than three working
                                                information that you wish to make                         Ombudsman uses it to obtain the                       days prior to the next meeting in order
                                                available publicly. All submissions                       agency’s response, encourage a fresh                  to provide time for member
                                                should refer to File No. SR–BatsBYX–                      look by the agency at a high level, and               consideration. By rule, no member of
                                                2016–09, and should be submitted on or                    build a more small business-friendly                  the public attending open meetings will
                                                before June 22, 2016.                                     regulatory environment.                               be allowed to present questions from the
                                                  For the Commission, by the Division of                     Solicitation of Public Comments:                   floor or speak to any issue under
                                                Trading and Markets, pursuant to delegated                   Title: Federal Agency Comment Form.                consideration by the BOV.
                                                authority.18                                                 Description of Respondents: Small
                                                                                                                                                                  Authority: 46 U.S.C. 51312; 5 U.S.C. app.
                                                Brent J. Fields,                                          Entities.                                             552b; 41 CFR 102–3.140 through 102–3.165.
                                                Secretary.                                                   Form Number: 1993.
                                                [FR Doc. 2016–12781 Filed 5–31–16; 8:45 am]                  Estimated Annual Responses: 340.                     By Order of the Maritime Administrator.
                                                BILLING CODE 8011–01–P                                       Estimated Annual Hour Burden: 263.                   Dated: May 26, 2016.
                                                                                                          Curtis B. Rich,                                       T. Mitchell Hudson, Jr.,
                                                                                                          Management Analyst.                                   Secretary, Maritime Administration.
                                                SMALL BUSINESS ADMINISTRATION                             [FR Doc. 2016–12741 Filed 5–31–16; 8:45 am]           [FR Doc. 2016–12833 Filed 5–31–16; 8:45 am]
                                                                                                          BILLING CODE 8025–01–P                                BILLING CODE 4910–81–P
                                                Reporting and Recordkeeping
                                                Requirements Under OMB Review
                                                AGENCY:  Small Business Administration.                                                                         DEPARTMENT OF TRANSPORTATION
                                                                                                          DEPARTMENT OF TRANSPORTATION
                                                ACTION: 30-Day notice.                                                                                          National Highway Traffic Safety
                                                                                                          Maritime Administration
                                                SUMMARY:   The Small Business                                                                                   Administration
                                                Administration (SBA) is publishing this                   U.S. Merchant Marine Academy Board                    [Docket No. NHTSA–2016–0063]
                                                notice to comply with requirements of                     of Visitors Meeting
                                                the Paperwork Reduction Act (PRA) (44                                                                           Notice of Buy America Waiver
                                                                                                          AGENCY: Maritime Administration.
                                                U.S.C. Chapter 35), which requires                                                                              AGENCY: National Highway Traffic
                                                agencies to submit proposed reporting                     ACTION: Meeting notice.
                                                                                                                                                                Safety Administration (NHTSA),
                                                and recordkeeping requirements to                         SUMMARY:   The U.S. Department of                     Department of Transportation (DOT).
                                                OMB for review and approval, and to                       Transportation, Maritime                              ACTION: Notice of Buy America Waiver.
                                                publish a notice in the Federal Register                  Administration (MARAD) announces
                                                notifying the public that the agency has                  that the following U.S. Merchant Marine               SUMMARY:   This notice provides
                                                made such a submission. This notice                       Academy (‘‘Academy’’) Board of                        NHTSA’s finding with respect to a
                                                also allows an additional 30 days for                     Visitors (BOV) meeting will take place:               request to waive the requirements of
                                                public comments.                                            1. Date: June 14, 2016.                             Buy America from the New York
                                                DATES: Submit comments on or before                         2. Time: 2:00 p.m.                                  Governor’s Traffic Safety Committee
                                                July 1, 2016.                                               3. Location: Capital Visitors Center,               (GTSC). NHTSA finds that a non-
                                                ADDRESSES: Comments should refer to                       Washington, DC Room to be                             availability waiver of the Buy America
                                                the information collection by name and/                   determined.                                           requirement is appropriate for New
                                                or OMB Control Number and should be                         4. Purpose of the Meeting: The                      York’s purchase of a liquid
sradovich on DSK3TPTVN1PROD with NOTICES




                                                sent to: Agency Clearance Officer, Curtis                 purpose of this meeting is to brief BOV               chromatography-tandem mass
                                                Rich, Small Business Administration,                      members on the Academy Advisory                       spectrometry instrument using Federal
                                                409 3rd Street SW., 5th Floor,                            Board’s annual report to the Secretary of             highway traffic safety grant funds
                                                Washington, DC 20416; and SBA Desk                        Transportation and the status of                      because that product is not produced in
                                                Officer, Office of Information and                        reaccreditation.                                      the United States.
                                                                                                            5. Public Access to the Meeting: This               DATES: The effective date of this waiver
                                                  18 17   CFR 200.30–3(a)(12).                            meeting is open to the public. Seating is             is June 16, 2016. Written comments


                                           VerDate Sep<11>2014     21:59 May 31, 2016   Jkt 238001   PO 00000   Frm 00150   Fmt 4703   Sfmt 4703   E:\FR\FM\01JNN1.SGM   01JNN1



Document Created: 2018-02-08 07:26:52
Document Modified: 2018-02-08 07:26:52
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 35116 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR