81_FR_39412 81 FR 39296 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.24, Opening Process for Non-BZX-Listed Securities

81 FR 39296 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.24, Opening Process for Non-BZX-Listed Securities

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 116 (June 16, 2016)

Page Range39296-39298
FR Document2016-14205

Federal Register, Volume 81 Issue 116 (Thursday, June 16, 2016)
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Notices]
[Pages 39296-39298]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14205]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78034; File No. SR-BatsBZX-2016-25]


Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 
11.24, Opening Process for Non-BZX-Listed Securities

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

    The Exchange is proposing to amend Rule 11.24, Opening Process for 
Non-BZX-Listed Securities, 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 Exchange has designated this 
proposal as non-controversial and provided the Commission with the 
notice required by

[[Page 39297]]

Rule 19b-4(f)(6)(iii) under the Act.\5\ The Exchange requests that the 
Commission waive the 30-day pre-operative waiting period contained in 
Rule 19b-4(f)(6)(iii) under the Act.\6\
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    \5\ 17 CFR 240.19b-4(f)(6)(iii).
    \6\ Id.
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    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 11.24, Opening Process for Non-
BZX-Listed Securities, 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.\7\
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    \7\ The re-opening process for BZX-Listed Securities is set 
forth under Exchange Rule 11.23(d).
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    Exchange Rule 11.24 describes the Exchange's current Opening and 
Re-Opening Process for non-BZX-Listed securities. Subparagraph (e) to 
Rule 11.24 states that while a non-BZX-listed 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 11.24 
states that, prior to the beginning of the Regular Trading Hours, Users 
\8\ who wish to participate in the Opening Process may enter orders to 
buy or sell.\9\ Subparagraph (a)(2) to Rule 11.24 provides that, with 
certain exceptions,\10\ all orders with a time-in-force instruction of 
Regular Hours Only may participate in the Opening Process. Subparagraph 
(e)(1) to Rule 11.24 states that the Re-Opening Process will occur in 
the same manner described in Rule 11.24(a)(2) and (b) described 
above,\11\ also with certain exceptions.\12\
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    \8\ See Exchange Rule 1.5(cc).
    \9\ Orders cancelled prior to the Opening Process will not 
participate in the Opening Process.
    \10\ The following order types and instruction may not 
participate in the opening process: BZX Post Only Orders, Partial 
Post Only at Limit Orders, ISOs not modified by Rule 11.24(a)(1) 
above, and Minimum Quantity Orders. See Exchange Rule 11.24(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.
    \11\ Subparagraph (b) to Rule 11.24 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 11.24 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 BZX Book, 
cancelled, executed, or routed to away Trading Centers in accordance 
with the Users' instructions pursuant to Exchange Rule 11.13(a)(2).
    \12\ Orders without a time-in-force instruction of Regular Hours 
Only are eligible to participate in the Re-Opening Process, but IOC, 
FOK, BZX 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 11.24(e)(1).
---------------------------------------------------------------------------

    Subparagraph (e)(1) to Exchange Rule 11.24 also sets forth the 
process by which the System sets the price of the Re-Opening Process. 
Currently, the System \13\ 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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    \13\ See Exchange Rule 1.5(aa).
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    The Exchange proposes to amend subparagraph (e)(1) to Rule 11.24 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 
11.24 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 11.24, 
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 \14\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \15\ 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

[[Page 39298]]

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

    \14\ 15 U.S.C. 78f(b).
    \15\ 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-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 \16\ and Rule 19b-4(f)(6) thereunder.\17\
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 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 \18\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \19\ 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.\20\
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    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-BatsBZX-2016-25 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File No. SR-BatsBZX-2016-25. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File No. SR-BatsBZX-2016-25, and should be 
submitted on or before July 7, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-14205 Filed 6-15-16; 8:45 am]
BILLING CODE 8011-01-P



                                                    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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                                                                                      Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices                                              39297

                                                    Rule 19b–4(f)(6)(iii) under the Act.5 The                   all orders with a time-in-force                         to the first reported trade and first two-
                                                    Exchange requests that the Commission                       instruction of Regular Hours Only may                   sided quotation on the listing exchange
                                                    waive the 30-day pre-operative waiting                      participate in the Opening Process.                     following the resumption of trading
                                                    period contained in Rule 19b–4(f)(6)(iii)                   Subparagraph (e)(1) to Rule 11.24 states                after a halt, suspension, or pause. The
                                                    under the Act.6                                             that the Re-Opening Process will occur                  Exchange will utilize the current NBBO
                                                       The text of the proposed rule change                     in the same manner described in Rule                    to calculate the security’s re-opening
                                                    is available at the Exchange’s Web site                     11.24(a)(2) and (b) described above,11                  price once a trade and two-sided
                                                    at www.batstrading.com, at the                              also with certain exceptions.12                         quotation are received from the listing
                                                    principal office of the Exchange, and at                       Subparagraph (e)(1) to Exchange Rule                 exchange, regardless of the order in
                                                    the Commission’s Public Reference                           11.24 also sets forth the process by                    which the trade or quotation are
                                                    Room.                                                       which the System sets the price of the                  received. The Exchange believes the
                                                                                                                Re-Opening Process. Currently, the                      proposed rule change will enable the
                                                    II. Self-Regulatory Organization’s
                                                                                                                System 13 sets the price of the Re-                     listing market’s quotation to be
                                                    Statement of the Purpose of, and
                                                                                                                Opening Process at the midpoint of the:                 incorporated into the NBBO, which the
                                                    Statutory Basis for, the Proposed Rule
                                                    Change                                                      (i) First NBBO subsequent to the first                  Exchange would, in turn, utilize in its
                                                                                                                reported trade on the listing exchange                  calculation of the midpoint of the
                                                       In its filing with the Commission, the                   following the resumption of trading                     NBBO. The Exchange believes doing so
                                                    Exchange included statements                                after a halt, suspension, or pause; or (ii)             would result in a re-opening price that
                                                    concerning the purpose of and basis for                     NBBO when the first two-sided                           more closely reflects the market prices
                                                    the proposed rule change and discussed                      quotation is published by the listing                   and conditions for that security. Under
                                                    any comments it received on the                             exchange following the resumption of                    subparagraph (e)(1) to Rule 11.24, the
                                                    proposed rule change. The text of these                     trading after a halt, suspension, or pause              Exchange will continue to alternatively
                                                    statements may be examined at the                           if no first trade is reported by the listing            set the price of the Re-Opening Process
                                                    places specified in Item IV below. The                      exchange within one second of                           at the midpoint of the NBBO when the
                                                    Exchange has prepared summaries, set                        publication of the first two-sided                      first two-sided quotation is published by
                                                    forth in Sections A, B, and C below, of                     quotation by the listing exchange.                      the listing exchange following the
                                                    the most significant parts of such                             The Exchange proposes to amend                       resumption of trading after a halt,
                                                    statements.                                                 subparagraph (e)(1) to Rule 11.24 to now                suspension, or pause if no first trade is
                                                    A. Self-Regulatory Organization’s                           await a two-sided quotation from the                    reported by the listing exchange within
                                                    Statement of the Purpose of, and the                        listing exchange prior to opening a                     one second of publication of the first
                                                    Statutory Basis for, the Proposed Rule                      security for trading. As amended,                       two-sided quotation by the listing
                                                    Change                                                      subparagraph (e)(1) to Rule 11.24 would                 exchange.
                                                                                                                state that the System would set the price               2. Statutory Basis
                                                    1. Purpose                                                  of the Re-Opening Process at the
                                                       The Exchange proposes to amend                           midpoint of the first NBBO subsequent                      The Exchange believes that its
                                                    Rule 11.24, Opening Process for Non-                                                                                proposal is consistent with Section 6(b)
                                                    BZX-Listed Securities, to await a two-                      not modified by Rule 11.24(a)(1) above, and             of the Act 14 in general, and furthers the
                                                    sided quotation from the listing                            Minimum Quantity Orders. See Exchange Rule              objectives of Section 6(b)(5) of the Act 15
                                                                                                                11.24(a)(2). Limit orders with a Reserve Quantity       in particular, in that it is designed to
                                                    exchange prior to re-opening a security                     may participate to the full extent of their displayed
                                                    for trading following a halt, suspension,                                                                           promote just and equitable principles of
                                                                                                                size and Reserve Quantity. Id. Discretionary Orders
                                                    or pause in trading.7                                       may participate only up to their ranked price for       trade, to foster cooperation and
                                                       Exchange Rule 11.24 describes the                        buy orders or down to their ranked price for sell       coordination with persons engaged in
                                                    Exchange’s current Opening and Re-
                                                                                                                orders. Id. The discretionary range of such orders      facilitating transactions in securities, to
                                                                                                                will not be eligible for participation in the Opening   remove impediments to and perfect the
                                                    Opening Process for non-BZX-Listed                          Process. Id. All Pegged Orders and Mid-Point Peg
                                                    securities. Subparagraph (e) to Rule                        Orders, as defined in Rule 11.9(c)(8) and (9), will     mechanism of a free and open market
                                                    11.24 states that while a non-BZX-listed                    be eligible for execution in the Opening Process        and a national market system and, in
                                                    security is subject to a halt, suspension,
                                                                                                                based on their pegged prices. Id.                       general, to protect investors and the
                                                                                                                   11 Subparagraph (b) to Rule 11.24 states that the
                                                    or pause in trading, the Exchange will                                                                              public interest. The Exchange believes
                                                                                                                Exchange will open by performing the Opening
                                                    accept orders for queuing prior to the                      Process in which the System will attempt to match
                                                                                                                                                                        the proposed rule change will promote
                                                    resumption of trading in the security for                   buy and sell orders that are executable at the          just and equitable principles of trade,
                                                    participation in the Re-Opening Process.                    midpoint of the National Best Bid and Offer             removes impediments to, and perfect
                                                                                                                (‘‘NBBO’’). Furthermore, subparagraph (b) of Rule       the mechanism of, a free and open
                                                    Subparagraph (a) to Rule 11.24 states                       11.24 also states that all orders executable at the
                                                    that, prior to the beginning of the                         midpoint of the NBBO will continue to be
                                                                                                                                                                        market and a national market system
                                                    Regular Trading Hours, Users 8 who                          processed in time sequence, beginning with the          because it enables the System to execute
                                                                                                                order with the oldest time stamp. Matches occur         the Re-Opening Process at a price that
                                                    wish to participate in the Opening                          until there are no remaining contra-side orders or      is objectively established by the market
                                                    Process may enter orders to buy or sell.9                   there is an imbalance of orders. An imbalance of
                                                                                                                                                                        for the security. The proposal would
                                                    Subparagraph (a)(2) to Rule 11.24                           orders may result in orders that cannot be executed
                                                                                                                in whole or in part. Any unexecuted orders may          enable the listing market’s quotation to
                                                    provides that, with certain exceptions,10
                                                                                                                then be placed by the System on the BZX Book,           be incorporated into the NBBO, which
                                                      5 17
                                                                                                                cancelled, executed, or routed to away Trading          the Exchange would, in turn, utilize in
                                                              CFR 240.19b–4(f)(6)(iii).                         Centers in accordance with the Users’ instructions
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                                                      6 Id.
                                                                                                                pursuant to Exchange Rule 11.13(a)(2).
                                                                                                                                                                        its calculation of the midpoint of the
                                                      7 The re-opening process for BZX-Listed                      12 Orders without a time-in-force instruction of     NBBO. The Exchange believes doing so
                                                    Securities is set forth under Exchange Rule                 Regular Hours Only are eligible to participate in the   would result in a re-opening price that
                                                    11.23(d).                                                   Re-Opening Process, but IOC, FOK, BZX Post Only         more closely reflect the market prices
                                                      8 See Exchange Rule 1.5(cc).
                                                                                                                Orders, and Minimum Quantity Orders will be             and conditions for that security.
                                                      9 Orders cancelled prior to the Opening Process           cancelled or rejected, as applicable, and any ISO
                                                    will not participate in the Opening Process.                that is not IOC or FOK will be converted into a non-    Therefore, the Exchange believes the
                                                      10 The following order types and instruction may          ISO and be queued for participation in the Re-
                                                    not participate in the opening process: BZX Post            Opening Process. See Exchange Rule 11.24(e)(1).          14 15   U.S.C. 78f(b).
                                                    Only Orders, Partial Post Only at Limit Orders, ISOs           13 See Exchange Rule 1.5(aa).                         15 15   U.S.C. 78f(b)(5).



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                                                    39298                         Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices

                                                    proposed rule change promotes just and                  filing. The Exchange states that waiver                Commission, and all written
                                                    equitable principles of trade because it                of the 30-day operative delay would                    communications relating to the
                                                    ensures a midpoint price that the                       allow market participants to                           proposed rule change between the
                                                    Exchange believes would accurately                      immediately realize the benefits of what               Commission and any person, other than
                                                    reflect the market for the security.                    may be more accurate re-opening prices.                those that may be withheld from the
                                                                                                            Based on the foregoing, the Commission                 public in accordance with the
                                                    B. Self-Regulatory Organization’s
                                                                                                            believes the waiver of the operative                   provisions of 5 U.S.C. 552, will be
                                                    Statement on Burden on Competition
                                                                                                            delay is consistent with the protection                available for Web site viewing and
                                                      The Exchange does not believe that                    of investors and the public interest.                  printing in the Commission’s Public
                                                    the proposal will impose any burden on                  Therefore, the Commission hereby                       Reference Room, 100 F Street NE.,
                                                    competition not necessary or                            waives the operative delay and                         Washington, DC 20549, on official
                                                    appropriate in furtherance of the                       designates the proposal operative upon                 business days between the hours of
                                                    purposes of the Act. The proposed rule                  filing.20                                              10:00 a.m. and 3:00 p.m. Copies of the
                                                    change will enable the Exchange to                         At any time within 60 days of the                   filing also will be available for
                                                    incorporate the listing market’s                        filing of the proposed rule change, the                inspection and copying at the principal
                                                    quotation into its calculation of the                   Commission summarily may                               office of the Exchange. All comments
                                                    midpoint of the NBBO, resulting in a re-                temporarily suspend such rule change if                received will be posted without change;
                                                    opening price that would more closely                   it appears to the Commission that such                 the Commission does not edit personal
                                                    reflect the opening market prices and                   action is necessary or appropriate in the              identifying information from
                                                    conditions for that security. Therefore,                public interest, for the protection of                 submissions. You should submit only
                                                    the Exchange believes the proposed rule                 investors, or otherwise in furtherance of              information that you wish to make
                                                    change will promote competition by                      the purposes of the Act. If the                        available publicly. All submissions
                                                    enhancing the quality of the Exchange’s                 Commission takes such action, the                      should refer to File No. SR–BatsBZX–
                                                    opening process.                                        Commission shall institute proceedings                 2016–25, and should be submitted on or
                                                    C. Self-Regulatory Organization’s                       to determine whether the proposed rule                 before July 7, 2016.
                                                    Statement on Comments on the                            change should be approved or
                                                                                                            disapproved.                                             For the Commission, by the Division of
                                                    Proposed Rule Change Received From                                                                             Trading and Markets, pursuant to delegated
                                                    Members, Participants, or Others                        IV. Solicitation of Comments                           authority.21
                                                      The Exchange has neither solicited                      Interested persons are invited to                    Robert W. Errett,
                                                    nor received written comments on the                    submit written data, views, and                        Deputy Secretary.
                                                    proposed rule change.                                   arguments concerning the foregoing,                    [FR Doc. 2016–14205 Filed 6–15–16; 8:45 am]

                                                    III. Date of Effectiveness of the                       including whether the proposed rule                    BILLING CODE 8011–01–P

                                                    Proposed Rule Change and Timing for                     change is consistent with the Act.
                                                    Commission Action                                       Comments may be submitted by any of
                                                                                                            the following methods:                                 SECURITIES AND EXCHANGE
                                                       Because the proposed rule change                                                                            COMMISSION
                                                    does not (i) significantly affect the                   Electronic Comments
                                                    protection of investors or the public                     • Use the Commission’s Internet                      [File No. 500–1]
                                                    interest; (ii) impose any significant                   comment form (http://www.sec.gov/
                                                    burden on competition; and (iii) become                 rules/sro.shtml); or                                   In the Matter of Enterprise Energy, Inc.,
                                                    operative for 30 days from the date on                    • Send an email to rule-comments@                    Order of Suspension of Trading
                                                    which it was filed, or such shorter time                sec.gov. Please include File No. SR–
                                                    as the Commission may designate, it has                 BatsBZX–2016–25 on the subject line.                   June 14, 2016.
                                                    become effective pursuant to Section                                                                             It appears to the Securities and
                                                    19(b)(3)(A) of the Act 16 and Rule 19b–                 Paper Comments
                                                                                                                                                                   Exchange Commission (‘‘Commission’’)
                                                    4(f)(6) thereunder.17                                      • Send paper comments in triplicate                 that the public interest and the
                                                       A proposed rule change filed                         to Secretary, Securities and Exchange                  protection of investors require a
                                                    pursuant to Rule 19b–4(f)(6) under the                  Commission, 100 F Street NE.,                          suspension of trading in the securities of
                                                    Act 18 normally does not become                         Washington, DC 20549–1090.                             Enterprise Energy, Inc. (CIK No.
                                                    operative for 30 days after the date of its             All submissions should refer to File No.               0001587285) because of recent, unusual
                                                    filing. However, Rule 19b–4(f)(6)(iii) 19               SR–BatsBZX–2016–25. This file number                   and unexplained market activity and
                                                    permits the Commission to designate a                   should be included on the subject line                 potentially manipulative transactions in
                                                    shorter time if such action is consistent               if email is used. To help the                          the company’s stock. Enterprise Energy,
                                                    with the protection of investors and the                Commission process and review your                     Inc. is a Nevada corporation with its
                                                    public interest. The Exchange has asked                 comments more efficiently, please use                  principal place of business listed as Las
                                                    the Commission to waive the 30-day                      only one method. The Commission will                   Vegas, Nevada, with stock quoted on
                                                    operative delay so that the proposal may                post all comments on the Commission’s                  OTC Link (previously ‘‘Pink Sheets’’)
                                                    become operative immediately upon                       Internet Web site (http://www.sec.gov/                 operated by OTC Markets Group Inc.
                                                                                                            rules/sro.shtml). Copies of the                        under the ticker symbol EYGY.
                                                      16 15  U.S.C. 78s(b)(3)(A).                           submission, all subsequent                               Therefore, it is ordered, pursuant to
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      17 17  CFR 240.19b–4(f)(6). As required under Rule    amendments, all written statements                     Section 12(k) of the Securities Exchange
                                                    19b–4(f)(6)(iii), the Exchange provided the
                                                    Commission with written notice of its intent to file    with respect to the proposed rule                      Act of 1934, that trading in the
                                                    the proposed rule change, along with a brief            change that are filed with the                         securities of Enterprise Energy, Inc. is
                                                    description and the text of the proposed rule                                                                  suspended for the period from 9:30 a.m.
                                                    change, at least five business days prior to the date      20 For purposes only of waiving the 30-day
                                                                                                                                                                   EDT on June 14, 2016, through 11:59
                                                    of filing of the proposed rule change, or such          operative delay, the Commission has also
                                                    shorter time as designated by the Commission.                                                                  p.m. EDT on June 27, 2016.
                                                                                                            considered the proposed rule’s impact on
                                                      18 17 CFR 240.19b–4(f)(6).
                                                                                                            efficiency, competition, and capital formation. See
                                                      19 17 CFR 240.19b–4(f)(6)(iii).                       15 U.S.C. 78c(f).                                        21 17   CFR 200.30–3(a)(12).



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Document Created: 2016-06-16 00:37:30
Document Modified: 2016-06-16 00:37:30
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 39296 

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