81_FR_39410 81 FR 39294 - 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 39294 - 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 116 (June 16, 2016)

Page Range39294-39296
FR Document2016-14206

Federal Register, Volume 81 Issue 116 (Thursday, June 16, 2016)
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Notices]
[Pages 39294-39296]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14206]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78035; File No. SR-BatsBYX-2016-13]


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

June 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 June 9, 2016, Bats BYX Exchange, Inc. (the ``Exchange'' or 
``BYX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 11.23, Opening Process, 
to await a two-sided quotation from the listing exchange prior to re-
opening a security for trading following a halt, suspension, or pause 
in trading.
    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

[[Page 39295]]

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 re-
opening a security for trading following a halt, suspension, or pause 
in trading.
    Exchange Rule 11.23 describes the Exchange's current Opening and 
Re-Opening Process. Subparagraph (e) to Rule 11.23 states that while a 
security is subject to a halt, suspension, or pause in trading, the 
Exchange will accept orders for queuing prior to the resumption of 
trading in the security for participation in the Re-Opening Process. 
Subparagraph (a) to Rule 11.23 states that, prior to the beginning of 
the Regular Trading Hours, Users \5\ who wish to participate in the 
Opening Process may enter orders to buy or sell.\6\ Subparagraph (a)(2) 
to Rule 11.23 provides that, with certain exceptions,\7\ all orders 
with a time-in-force instruction of Regular Hours Only may participate 
in the Opening Process. Subparagraph (e)(1) to Rule 11.23 states that 
the Re-Opening Process will occur in the same manner described in Rule 
11.23(a)(2) and (b) described above,\8\ also with certain 
exceptions.\9\
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    \5\ See Exchange Rule 1.5(cc).
    \6\ Orders cancelled prior to the Opening Process will not 
participate in the Opening Process.
    \7\ The following order types and instruction may not 
participate in the opening process: BYX Post Only 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.
    \8\ 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''). Furthermore, 
subparagraph (b) of Rule 11.23 also states that 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, 
cancelled, executed, or routed to away Trading Centers in accordance 
with the Users' instructions pursuant to Exchange Rule 11.13(a)(2).
    \9\ Orders without a time-in-force instruction of Regular Hours 
Only are eligible to participate in the Re-Opening Process, but IOC, 
FOK, BYX Post Only Orders, and Minimum Quantity Orders will be 
cancelled or rejected, as applicable, and any ISO that is not IOC or 
FOK will be converted into a non-ISO and be queued for participation 
in the Re-Opening Process. See Exchange Rule 11.23(e)(1).
---------------------------------------------------------------------------

    Subparagraph (e)(1) to Exchange Rule 11.23 also sets forth the 
process by which the System sets the price of the Re-Opening Process. 
Currently, the System \10\ sets the price of the Re-Opening Process at 
the midpoint of the: (i) First NBBO subsequent to the first reported 
trade on the listing exchange following the resumption of trading after 
a halt, suspension, or pause; or (ii) NBBO when the first two-sided 
quotation is published by the listing exchange following the resumption 
of trading after a halt, suspension, or pause 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.
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    \10\ See Exchange Rule 1.5(aa).
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    The Exchange proposes to amend subparagraph (e)(1) to Rule 11.23 to 
now await a two-sided quotation from the listing exchange prior to 
opening a security for trading. As amended, subparagraph (e)(1) to Rule 
11.23 would state that the System would set the price of the Re-Opening 
Process at the midpoint of the first NBBO subsequent to the first 
reported trade and first two-sided quotation on the listing exchange 
following the resumption of trading after a halt, suspension, or pause. 
The Exchange will utilize the current NBBO to calculate the security's 
re-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 a re-opening price that more closely reflects the market prices and 
conditions for that security. Under subparagraph (e)(1) to Rule 11.23, 
the Exchange will continue to alternatively set the price of the Re-
Opening Process at the midpoint of the NBBO when the first two-sided 
quotation is published by the listing exchange following the resumption 
of trading after a halt, suspension, or pause 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 Re-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 a re-
opening price that more closely reflect the 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 a re-

[[Page 39296]]

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\
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    \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.
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    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 re-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\
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    \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-2016-13 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-BatsBYX-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-BatsBYX-2016-13, and should be 
submitted on or before July 7, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-14206 Filed 6-15-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    39294                         Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices

                                                    covered associate or otherwise an                       this questionnaire that was effective in                 For the Commission, by the Division of
                                                    employee of the investment adviser, or                  identifying the Contribution.                          Investment Management, under delegated
                                                    was seeking such employment;                                                                                   authority.
                                                                                                               8. Applicant asserts that actual                    Robert W. Errett,
                                                       (4) The timing and amount of the                     knowledge of the Contribution at the
                                                    contribution which resulted in the                                                                             Deputy Secretary.
                                                                                                            time of its making cannot be imputed to
                                                    prohibition;                                            the Adviser, given that the Contributor
                                                                                                                                                                   [FR Doc. 2016–14211 Filed 6–15–16; 8:45 am]
                                                       (5) The nature of the election (e.g.,                                                                       BILLING CODE 8011–01–P
                                                                                                            was not an employee of the Adviser and
                                                    federal, state or local); and
                                                                                                            had not yet participated in any of the
                                                       (6) The contributor’s apparent intent
                                                                                                            discussions that would ultimately lead                 SECURITIES AND EXCHANGE
                                                    or motive in making the contribution
                                                                                                            to his employment with the Adviser.                    COMMISSION
                                                    which resulted in the prohibition, as
                                                    evidenced by the facts and                              Applicant represents that at no time did
                                                                                                            any employees of the Adviser other than                [Release No. 34–78035; File No. SR–
                                                    circumstances surrounding such                                                                                 BatsBYX–2016–13]
                                                    contribution.                                           the Contributor have any knowledge
                                                       4. Applicant requests an order                       that the Contribution had been made                    Self-Regulatory Organizations; Bats
                                                    pursuant to section 206A and rule                       prior to its discovery by the Adviser in               BYX Exchange, Inc.; Notice of Filing
                                                    206(4)–5(e), exempting it from the two-                 October 2014 as part of its standard                   and Immediate Effectiveness of a
                                                    year prohibition on compensation                        employee onboarding process.                           Proposed Rule Change to Rule 11.23,
                                                    imposed by rule 206(4)–5(a)(1) with                        9. Applicant asserts that after learning            Opening Process
                                                    respect to investment advisory services                 of the Contribution, the Adviser and the               June 10, 2016.
                                                    provided to the Client within the two-                  Contributor took all available steps to
                                                    year period following the Contribution.                                                                           Pursuant to Section 19(b)(1) of the
                                                                                                            obtain a return of the Contribution and
                                                       5. Applicant submits that the                                                                               Securities Exchange Act of 1934 (the
                                                                                                            implement additional measures to                       ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    exemption is necessary and appropriate                  prevent a future error, including
                                                    in the public interest and consistent                                                                          notice is hereby given that on June 9,
                                                                                                            modification of the new employee                       2016, Bats BYX Exchange, Inc. (the
                                                    with the protection of investors and the                onboarding process to require the
                                                    purposes fairly intended by the policy                                                                         ‘‘Exchange’’ or ‘‘BYX’’) filed with the
                                                                                                            completion of the political contribution               Securities and Exchange Commission
                                                    and provisions of the Advisers Act.                     questionnaire before the Adviser’s final
                                                    Applicant further submits that the other                                                                       (‘‘Commission’’) the proposed rule
                                                                                                            decision to hire a new employee.                       change as described in Items I and II
                                                    factors set forth in rule 206(4)–5(e)
                                                    similarly weigh in favor of granting an                    10. Applicant states that it informed               below, which Items have been prepared
                                                    exemption to the Applicant to avoid                     the Contributor that he could have no                  by the Exchange. The Exchange has
                                                    consequences disproportionate to the                    contact with any representative of the                 designated this proposal as a ‘‘non-
                                                    violation.                                              Client other than potentially making                   controversial’’ proposed rule change
                                                       6. Applicant contends that given the                 substantive presentations to the Client’s              pursuant to Section 19(b)(3)(A) of the
                                                    nature of the Rule violation and the lack               representatives and consultants about                  Act 3 and Rule 19b–4(f)(6)(iii)
                                                    of any evidence that the Adviser or the                 the investment strategy the Contributor                thereunder,4 which renders it effective
                                                    Contributor intended to, or actually did,               manages in the event the Client                        upon filing with the Commission. The
                                                    interfere with the Client’s merit-based                 requested a presentation of that strategy.             Commission is publishing this notice to
                                                    process for the selection or retention of               The Contributor was directed to                        solicit comments on the proposed rule
                                                    advisory services, the interests of the                 maintain a log of such interactions in                 change from interested persons.
                                                    Client are best served by allowing the                  accordance with the retention                          I. Self-Regulatory Organization’s
                                                    Adviser and the Client to continue their                requirements set forth in Rule 204–2(e).               Statement of the Terms of Substance of
                                                    relationship uninterrupted. Applicant                   Applicant further states that the                      the Proposed Rule Change
                                                    states that causing the Adviser to serve                Contributor ultimately had no contact                     The Exchange filed a proposal to
                                                    without compensation for the remainder                  with any representative of the Client                  amend Rule 11.23, Opening Process, to
                                                    of the two year period could result in a                and no contact with any member of the                  await a two-sided quotation from the
                                                    financial loss that is more than 300                    Client’s board.                                        listing exchange prior to re-opening a
                                                    times the amount of the Contribution.
                                                                                                               11. Applicant notes that it has had                 security for trading following a halt,
                                                    Applicant suggests that the policy
                                                                                                            ongoing contacts with the Client that                  suspension, or pause in trading.
                                                    underlying the Rule is served by
                                                                                                            predate the Contributor’s employment                      The text of the proposed rule change
                                                    ensuring that no improper influence is
                                                                                                            with the Adviser, and that the                         is available at the Exchange’s Web site
                                                    exercised over investment decisions by
                                                                                                            Contribution was consistent with the                   at www.batstrading.com, at the
                                                    governmental entities as a result of
                                                                                                            political affiliation of the Contributor               principal office of the Exchange, and at
                                                    campaign contributions and not by
                                                                                                            and his wife. Applicant asserts that the               the Commission’s Public Reference
                                                    withholding compensation as a result of
                                                                                                            Contributor also had a legitimate                      Room.
                                                    unintentional violations.
                                                       7. Applicant represents that it had                  interest in the outcome of the campaign                II. Self-Regulatory Organization’s
                                                    adopted and implemented the Policy                      given that he and his family live in                   Statement of the Purpose of, and
                                                    which is fully compliant with, and more                 Illinois. Applicant also asserts that the              Statutory Basis for, the Proposed Rule
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    rigorous than, the Rule’s requirements                  Contributor’s action in making a                       Change
                                                    and that it had also implemented a                      contribution that would later trigger a
                                                                                                                                                                     In its filing with the Commission, the
                                                    political contribution questionnaire for                ban resulted from his lack of knowledge
                                                                                                                                                                   Exchange included statements
                                                    all new employees, and performed                        about the Rule’s look-back provisions
                                                    compliance testing that included                        and, thus, his failure to appreciate the                 1 15 U.S.C. 78s(b)(1).
                                                    random searches of campaign                             fact that the Contribution might impact                  2 17 CFR 240.19b–4.
                                                    contribution databases for the names of                 potential future activities for an                       3 15 U.S.C. 78s(b)(3)(A).

                                                    employees. Applicant notes that it was                  investment advisory firm.                                4 17 CFR 240.19b–4(f)(6)(iii).




                                               VerDate Sep<11>2014   18:04 Jun 15, 2016   Jkt 238001   PO 00000   Frm 00048   Fmt 4703   Sfmt 4703   E:\FR\FM\16JNN1.SGM    16JNN1


                                                                                    Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices                                              39295

                                                    concerning the purpose of and basis for                   11.23(a)(2) and (b) described above,8                   would result in a re-opening price that
                                                    the proposed rule change and discussed                    also with certain exceptions.9                          more closely reflects the market prices
                                                    any comments it received on the                              Subparagraph (e)(1) to Exchange Rule                 and conditions for that security. Under
                                                    proposed rule change. The text of these                   11.23 also sets forth the process by                    subparagraph (e)(1) to Rule 11.23, the
                                                    statements may be examined at the                         which the System sets the price of the                  Exchange will continue to alternatively
                                                    places specified in Item IV below. The                    Re-Opening Process. Currently, the                      set the price of the Re-Opening Process
                                                    Exchange has prepared summaries, set                      System 10 sets the price of the Re-                     at the midpoint of the NBBO when the
                                                    forth in Sections A, B, and C below, of                   Opening Process at the midpoint of the:                 first two-sided quotation is published by
                                                                                                              (i) First NBBO subsequent to the first                  the listing exchange following the
                                                    the most significant parts of such
                                                                                                              reported trade on the listing exchange                  resumption of trading after a halt,
                                                    statements.
                                                                                                              following the resumption of trading                     suspension, or pause if no first trade is
                                                    A. Self-Regulatory Organization’s                         after a halt, suspension, or pause; or (ii)             reported by the listing exchange within
                                                    Statement of the Purpose of, and the                      NBBO when the first two-sided                           one second of publication of the first
                                                    Statutory Basis for, the Proposed Rule                    quotation is published by the listing                   two-sided quotation by the listing
                                                    Change                                                    exchange following the resumption of                    exchange.
                                                                                                              trading after a halt, suspension, or pause
                                                    1. Purpose                                                if no first trade is reported by the listing            2. Statutory Basis
                                                                                                              exchange within one second of                              The Exchange believes that its
                                                       The Exchange proposes to amend                         publication of the first two-sided                      proposal is consistent with Section 6(b)
                                                    Rule 11.23, Opening Process, to await a                   quotation by the listing exchange.                      of the Act 11 in general, and furthers the
                                                    two-sided quotation from the listing                         The Exchange proposes to amend                       objectives of Section 6(b)(5) of the Act 12
                                                    exchange prior to re-opening a security                   subparagraph (e)(1) to Rule 11.23 to now                in particular, in that it is designed to
                                                    for trading following a halt, suspension,                 await a two-sided quotation from the                    promote just and equitable principles of
                                                    or pause in trading.                                      listing exchange prior to opening a                     trade, to foster cooperation and
                                                       Exchange Rule 11.23 describes the                      security for trading. As amended,                       coordination with persons engaged in
                                                    Exchange’s current Opening and Re-                        subparagraph (e)(1) to Rule 11.23 would                 facilitating transactions in securities, to
                                                    Opening Process. Subparagraph (e) to                      state that the System would set the price               remove impediments to and perfect the
                                                    Rule 11.23 states that while a security                   of the Re-Opening Process at the                        mechanism of a free and open market
                                                                                                              midpoint of the first NBBO subsequent                   and a national market system and, in
                                                    is subject to a halt, suspension, or pause
                                                                                                              to the first reported trade and first two-              general, to protect investors and the
                                                    in trading, the Exchange will accept
                                                                                                              sided quotation on the listing exchange                 public interest. The Exchange believes
                                                    orders for queuing prior to the                           following the resumption of trading                     the proposed rule change will promote
                                                    resumption of trading in the security for                 after a halt, suspension, or pause. The                 just and equitable principles of trade,
                                                    participation in the Re-Opening Process.                  Exchange will utilize the current NBBO                  removes impediments to, and perfect
                                                    Subparagraph (a) to Rule 11.23 states                     to calculate the security’s re-opening                  the mechanism of, a free and open
                                                    that, prior to the beginning of the                       price once a trade and two-sided                        market and a national market system
                                                    Regular Trading Hours, Users 5 who                        quotation are received from the listing                 because it enables the System to execute
                                                    wish to participate in the Opening                        exchange, regardless of the order in                    the Re-Opening Process at a price that
                                                    Process may enter orders to buy or sell.6                 which the trade or quotation are                        is objectively established by the market
                                                    Subparagraph (a)(2) to Rule 11.23                         received. The Exchange believes the                     for the security. The proposal would
                                                    provides that, with certain exceptions,7                  proposed rule change will enable the                    enable the listing market’s quotation to
                                                    all orders with a time-in-force                           listing market’s quotation to be                        be incorporated into the NBBO, which
                                                    instruction of Regular Hours Only may                     incorporated into the NBBO, which the                   the Exchange would, in turn, utilize in
                                                    participate in the Opening Process.                       Exchange would, in turn, utilize in its                 its calculation of the midpoint of the
                                                    Subparagraph (e)(1) to Rule 11.23 states                  calculation of the midpoint of the                      NBBO. The Exchange believes doing so
                                                    that the Re-Opening Process will occur                    NBBO. The Exchange believes doing so                    would result in a re-opening price that
                                                    in the same manner described in Rule                                                                              more closely reflect the market prices
                                                                                                                 8 Subparagraph (b) to Rule 11.23 states that the
                                                                                                                                                                      and conditions for that security.
                                                                                                              Exchange will open by performing the Opening
                                                                                                              Process in which the System will attempt to match
                                                                                                                                                                      Therefore, the Exchange believes the
                                                                                                              buy and sell orders that are executable at the          proposed rule change promotes just and
                                                                                                              midpoint of the National Best Bid and Offer             equitable principles of trade because it
                                                                                                              (‘‘NBBO’’). Furthermore, subparagraph (b) of Rule       ensures a midpoint price that the
                                                      5 See  Exchange Rule 1.5(cc).                           11.23 also states that all orders executable at the
                                                      6 Orders                                                midpoint of the NBBO will continue to be                Exchange believes would accurately
                                                                cancelled prior to the Opening Process
                                                                                                              processed in time sequence, beginning with the          reflect the market for the security.
                                                    will not participate in the Opening Process.
                                                                                                              order with the oldest time stamp. Matches occur
                                                      7 The following order types and instruction may
                                                                                                              until there are no remaining contra-side orders or      B. Self-Regulatory Organization’s
                                                    not participate in the opening process: BYX Post          there is an imbalance of orders. An imbalance of        Statement on Burden on Competition
                                                    Only Orders, ISOs not modified by Rule 11.23(a)(1)        orders may result in orders that cannot be executed
                                                    above, and Minimum Quantity Orders. See                   in whole or in part. Any unexecuted orders may            The Exchange does not believe that
                                                    Exchange Rule 11.23(a)(2). Limit orders with a            then be placed by the System on the BYX Book,           the proposal will impose any burden on
                                                    Reserve Quantity may participate to the full extent       cancelled, executed, or routed to away Trading          competition not necessary or
                                                                                                              Centers in accordance with the Users’ instructions
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    of their displayed size and Reserve Quantity. Id.
                                                                                                              pursuant to Exchange Rule 11.13(a)(2).
                                                                                                                                                                      appropriate in furtherance of the
                                                    Discretionary Orders may participate only up to                                                                   purposes of the Act. The proposed rule
                                                                                                                 9 Orders without a time-in-force instruction of
                                                    their ranked price for buy orders or down to their                                                                change will enable the Exchange to
                                                                                                              Regular Hours Only are eligible to participate in the
                                                    ranked price for sell orders. Id. The discretionary
                                                    range of such orders will not be eligible for
                                                                                                              Re-Opening Process, but IOC, FOK, BYX Post Only         incorporate the listing market’s
                                                                                                              Orders, and Minimum Quantity Orders will be             quotation into its calculation of the
                                                    participation in the Opening Process. Id. All Pegged      cancelled or rejected, as applicable, and any ISO
                                                    Orders and Mid-Point Peg Orders, as defined in            that is not IOC or FOK will be converted into a non-    midpoint of the NBBO, resulting in a re-
                                                    Rule 11.9(c)(8) and (9), will be eligible for execution   ISO and be queued for participation in the Re-
                                                    in the Opening Process based on their pegged              Opening Process. See Exchange Rule 11.23(e)(1).          11 15   U.S.C. 78f(b).
                                                    prices. Id.                                                  10 See Exchange Rule 1.5(aa).                         12 15   U.S.C. 78f(b)(5).



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                                                    39296                         Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices

                                                    opening price that would more closely                      At any time within 60 days of the                   identifying information from
                                                    reflect the opening market prices and                   filing of the proposed rule change, the                submissions. You should submit only
                                                    conditions for that security. Therefore,                Commission summarily may                               information that you wish to make
                                                    the Exchange believes the proposed rule                 temporarily suspend such rule change if                available publicly. All submissions
                                                    change will promote competition by                      it appears to the Commission that such                 should refer to File No. SR–BatsBYX–
                                                    enhancing the quality of the Exchange’s                 action is necessary or appropriate in the              2016–13, and should be submitted on or
                                                    opening process.                                        public interest, for the protection of                 before July 7, 2016.
                                                                                                            investors, or otherwise in furtherance of                For the Commission, by the Division of
                                                    C. Self-Regulatory Organization’s
                                                                                                            the purposes of the Act. If the                        Trading and Markets, pursuant to delegated
                                                    Statement on Comments on the
                                                                                                            Commission takes such action, the                      authority.18
                                                    Proposed Rule Change Received From
                                                                                                            Commission shall institute proceedings                 Robert W. Errett,
                                                    Members, Participants, or Others
                                                                                                            to determine whether the proposed rule                 Deputy Secretary.
                                                      The Exchange has neither solicited                    change should be approved or                           [FR Doc. 2016–14206 Filed 6–15–16; 8:45 am]
                                                    nor received written comments on the                    disapproved.
                                                                                                                                                                   BILLING CODE 8011–01–P
                                                    proposed rule change.
                                                                                                            IV. Solicitation of Comments
                                                    III. Date of Effectiveness of the
                                                                                                              Interested persons are invited to
                                                    Proposed Rule Change and Timing for                                                                            SECURITIES AND EXCHANGE
                                                                                                            submit written data, views, and
                                                    Commission Action                                                                                              COMMISSION
                                                                                                            arguments concerning the foregoing,
                                                       Because the proposed rule change                     including whether the proposed rule                    [Release No. 34–78034; File No. SR–
                                                    does not (i) significantly affect the                   change is consistent with the Act.                     BatsBZX–2016–25]
                                                    protection of investors or the public                   Comments may be submitted by any of
                                                    interest; (ii) impose any significant                   the following methods:                                 Self-Regulatory Organizations; Bats
                                                    burden on competition; and (iii) become                                                                        BZX Exchange, Inc.; Notice of Filing
                                                    operative for 30 days from the date on                  Electronic Comments                                    and Immediate Effectiveness of a
                                                    which it was filed, or such shorter time                  • Use the Commission’s Internet                      Proposed Rule Change to Rule 11.24,
                                                    as the Commission may designate, it has                 comment form (http://www.sec.gov/                      Opening Process for Non-BZX-Listed
                                                    become effective pursuant to Section                    rules/sro.shtml); or                                   Securities
                                                    19(b)(3)(A) of the Act 13 and Rule 19b–                   • Send an email to rule-comments@
                                                                                                                                                                   June 10, 2016.
                                                    4(f)(6) thereunder.14                                   sec.gov. Please include File No. SR–
                                                       A proposed rule change filed                         BatsBYX–2016–13 on the subject line.                      Pursuant to Section 19(b)(1) of the
                                                    pursuant to Rule 19b–4(f)(6) under the                                                                         Securities Exchange Act of 1934 (the
                                                                                                            Paper Comments                                         ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    Act 15 normally does not become
                                                    operative for 30 days after the date of its                • Send paper comments in triplicate                 notice is hereby given that on June 9,
                                                    filing. However, Rule 19b–4(f)(6)(iii) 16               to Secretary, Securities and Exchange                  2016, Bats BZX Exchange, Inc. (the
                                                    permits the Commission to designate a                   Commission, 100 F Street NE.,                          ‘‘Exchange’’ or ‘‘BZX’’) filed with the
                                                    shorter time if such action is consistent               Washington, DC 20549–1090.                             Securities and Exchange Commission
                                                    with the protection of investors and the                All submissions should refer to File No.               (‘‘Commission’’) the proposed rule
                                                    public interest. The Exchange has asked                 SR–BatsBYX–2016–13. This file number                   change as described in Items I and II
                                                    the Commission to waive the 30-day                      should be included on the subject line                 below, which Items have been prepared
                                                    operative delay so that the proposal may                if email is used. To help the                          by the Exchange. The Exchange has
                                                    become operative immediately upon                       Commission process and review your                     designated this proposal as a ‘‘non-
                                                    filing. The Exchange states that waiver                 comments more efficiently, please use                  controversial’’ proposed rule change
                                                    of the 30-day operative delay would                     only one method. The Commission will                   pursuant to Section 19(b)(3)(A) of the
                                                    allow market participants to                            post all comments on the Commission’s                  Act 3 and Rule 19b–4(f)(6)(iii)
                                                    immediately realize the benefits of what                Internet Web site (http://www.sec.gov/                 thereunder,4 which renders it effective
                                                    may be more accurate re-opening prices.                 rules/sro.shtml). Copies of the                        upon filing with the Commission. The
                                                    Based on the foregoing, the Commission                  submission, all subsequent                             Commission is publishing this notice to
                                                    believes the waiver of the operative                    amendments, all written statements                     solicit comments on the proposed rule
                                                    delay is consistent with the protection                 with respect to the proposed rule                      change from interested persons.
                                                    of investors and the public interest.                   change that are filed with the                         I. Self-Regulatory Organization’s
                                                    Therefore, the Commission hereby                        Commission, and all written                            Statement of the Terms of Substance of
                                                    waives the operative delay and                          communications relating to the                         the Proposed Rule Change
                                                    designates the proposal operative upon                  proposed rule change between the
                                                    filing.17                                                                                                         The Exchange is proposing to amend
                                                                                                            Commission and any person, other than
                                                                                                                                                                   Rule 11.24, Opening Process for Non-
                                                                                                            those that may be withheld from the
                                                      13 15  U.S.C. 78s(b)(3)(A).                                                                                  BZX-Listed Securities, to await a two-
                                                                                                            public in accordance with the
                                                      14 17  CFR 240.19b–4(f)(6). As required under Rule                                                           sided quotation from the listing
                                                                                                            provisions of 5 U.S.C. 552, will be
                                                    19b–4(f)(6)(iii), the Exchange provided the                                                                    exchange prior to re-opening a security
                                                    Commission with written notice of its intent to file    available for Web site viewing and
                                                                                                                                                                   for trading following a halt, suspension,
                                                    the proposed rule change, along with a brief            printing in the Commission’s Public
                                                    description and the text of the proposed rule                                                                  or pause in trading. The Exchange has
                                                                                                            Reference Room, 100 F Street NE.,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    change, at least five business days prior to the date                                                          designated this proposal as non-
                                                                                                            Washington, DC 20549, on official
                                                    of filing of the proposed rule change, or such                                                                 controversial and provided the
                                                    shorter time as designated by the Commission.           business days between the hours of
                                                                                                                                                                   Commission with the notice required by
                                                       15 17 CFR 240.19b–4(f)(6).                           10:00 a.m. and 3:00 p.m. Copies of the
                                                       16 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                            filing also will be available for                        18 17 CFR 200.30–3(a)(12).
                                                       17 For purposes only of waiving the 30-day
                                                                                                            inspection and copying at the principal                  1 15 U.S.C. 78s(b)(1).
                                                    operative delay, the Commission has also
                                                    considered the proposed rule’s impact on
                                                                                                            office of the Exchange. All comments                     2 17 CFR 240.19b–4.

                                                    efficiency, competition, and capital formation. See     received will be posted without change;                  3 15 U.S.C. 78s(b)(3)(A).

                                                    15 U.S.C. 78c(f).                                       the Commission does not edit personal                    4 17 CFR 240.19b–4(f)(6)(iii).




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Document Created: 2016-06-16 00:37:40
Document Modified: 2016-06-16 00:37:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 39294 

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