81_FR_39417 81 FR 39301 - Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.7, Opening Process

81 FR 39301 - Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.7, Opening Process

SECURITIES AND EXCHANGE COMMISSION

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

Page Range39301-39303
FR Document2016-14209

Federal Register, Volume 81 Issue 116 (Thursday, June 16, 2016)
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Notices]
[Pages 39301-39303]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14209]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78038; File No. SR-BatsEDGA-2016-13]


Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 
11.7, 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 EDGA Exchange, Inc. (the ``Exchange'' or 
``EDGA'') 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 11.7, 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 
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 11.7, 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 11.7 describes the Exchange's current Opening and Re-
Opening Process. Subparagraph (e) to Rule 11.7 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 11.7 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 11.7 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 11.7 states that the 
Re-Opening Process will occur in the same manner described in Rule 
11.7(a)(2) and (b) described above,\8\ also with certain exceptions.\9\
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    \5\ See Exchange Rule 1.5(ee).
    \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: Limit Orders with a Post Only 
instruction, the Discretionary Range of Limit Orders, ISOs not 
modified by Rule 11.7(a)(1), and orders with a Minimum Execution 
Quantity instruction. See Exchange Rule 11.7(a)(2). Limit Orders 
with a Reserve Quantity may participate to the full extent of their 
displayed size and Reserve Quantity. Id. Limit Orders with a 
Discretionary Range may participate up to their ranked limit price 
for buy orders or down to their ranked limit price for sell orders. 
Id. All Limit Orders with a Pegged instruction, as defined in 
Exchange Rule 11.6(i), will be eligible for execution in the Opening 
Process based on their pegged prices. Id.
    \8\ Subparagraph (b) to Rule 11.7 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 11.7 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 EDGA Book, 
cancelled, executed, or routed to away Trading Centers in accordance 
with the Users' instructions pursuant to Exchange Rule 11.11.
    \9\ Orders without a time-in-force (``TIF'') instruction of 
Regular Hours Only are eligible to participate in the Re-Opening 
Process, but orders that include a TIF instruction of IOC or FOK, a 
Post Only instruction or Minimum Execution Quantity instruction will 
be cancelled or rejected, as applicable, and any ISO that does not 
include a TIF instruction of IOC or FOK will be converted into a 
non-ISO and be queued for participation in the Re-Opening Process. 
See Exchange Rule 11.7(e)(1).
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    Subparagraph (e)(1) to Exchange Rule 11.7 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(cc).
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    The Exchange proposes to amend subparagraph (e)(1) to Rule 11.7 to 
now await a two-sided quotation from the listing exchange prior to 
opening a

[[Page 39302]]

security for trading. As amended, subparagraph (e)(1) to Rule 11.7 
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 11.7, 
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-opening 
price that would more closely reflect the opening market prices and 
conditions for that security. Therefore, the Exchange believes the 
proposed rule change will promote competition by enhancing the quality 
of the Exchange's opening process.

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

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

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

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

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
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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-BatsEDGA-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-BatsEDGA-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/

[[Page 39303]]

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-
BatsEDGA-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. 2016-14209 Filed 6-15-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices                                                     39301

                                                    communications relating to the                          Commission is publishing this notice to                provides that, with certain exceptions,7
                                                    proposed rule change between the                        solicit comments on the proposed rule                  all orders with a time-in-force
                                                    Commission and any person, other than                   change from interested persons.                        instruction of Regular Hours Only may
                                                    those that may be withheld from the                                                                            participate in the Opening Process.
                                                                                                            I. Self-Regulatory Organization’s
                                                    public in accordance with the                                                                                  Subparagraph (e)(1) to Rule 11.7 states
                                                                                                            Statement of the Terms of Substance of
                                                    provisions of 5 U.S.C. 552, will be                                                                            that the Re-Opening Process will occur
                                                    available for Web site viewing and                      the Proposed Rule Change                               in the same manner described in Rule
                                                    printing in the Commission’s Public                        The Exchange is proposing to amend                  11.7(a)(2) and (b) described above,8 also
                                                    Reference Room, 100 F Street NE.,                       Rule 11.7, Opening Process, to await a                 with certain exceptions.9
                                                    Washington, DC 20549, on official                       two-sided quotation from the listing                      Subparagraph (e)(1) to Exchange Rule
                                                    business days between the hours of                      exchange prior to re-opening a security                11.7 also sets forth the process by which
                                                    10:00 a.m. and 3:00 p.m. Copies of the                  for trading following a halt, suspension,              the System sets the price of the Re-
                                                    filing also will be available for                       or pause in trading.                                   Opening Process. Currently, the
                                                    inspection and copying at the principal                                                                        System 10 sets the price of the Re-
                                                                                                               The text of the proposed rule change
                                                    office of NASDAQ. All comments                                                                                 Opening Process at the midpoint of the:
                                                                                                            is available at the Exchange’s Web site
                                                    received will be posted without change;                                                                        (i) First NBBO subsequent to the first
                                                                                                            at www.batstrading.com, at the
                                                    the Commission does not edit personal                                                                          reported trade on the listing exchange
                                                                                                            principal office of the Exchange, and at
                                                    identifying information from                                                                                   following the resumption of trading
                                                                                                            the Commission’s Public Reference
                                                    submissions. You should submit only                                                                            after a halt, suspension, or pause; or (ii)
                                                                                                            Room.
                                                    information that you wish to make                                                                              NBBO when the first two-sided
                                                    available publicly.                                     II. Self-Regulatory Organization’s                     quotation is published by the listing
                                                       All submissions should refer to File                 Statement of the Purpose of, and                       exchange following the resumption of
                                                    Number SR–NASDAQ–2016–052 and                           Statutory Basis for, the Proposed Rule                 trading after a halt, suspension, or pause
                                                    should be submitted on or before July 7,                Change                                                 if no first trade is reported by the listing
                                                    2016.                                                                                                          exchange within one second of
                                                                                                              In its filing with the Commission, the               publication of the first two-sided
                                                      For the Commission, by the Division of
                                                    Trading and Markets, pursuant to delegated
                                                                                                            Exchange included statements                           quotation by the listing exchange.
                                                    authority.16                                            concerning the purpose of and basis for                   The Exchange proposes to amend
                                                    Robert Errett,                                          the proposed rule change and discussed                 subparagraph (e)(1) to Rule 11.7 to now
                                                    Deputy Secretary.
                                                                                                            any comments it received on the                        await a two-sided quotation from the
                                                                                                            proposed rule change. The text of these                listing exchange prior to opening a
                                                    [FR Doc. 2016–14208 Filed 6–15–16; 8:45 am]
                                                                                                            statements may be examined at the
                                                    BILLING CODE 8011–01–P
                                                                                                            places specified in Item IV below. The                    7 The following order types and instruction may

                                                                                                            Exchange has prepared summaries, set                   not participate in the opening process: Limit Orders
                                                                                                            forth in Sections A, B, and C below, of                with a Post Only instruction, the Discretionary
                                                    SECURITIES AND EXCHANGE                                                                                        Range of Limit Orders, ISOs not modified by Rule
                                                    COMMISSION                                              the most significant parts of such                     11.7(a)(1), and orders with a Minimum Execution
                                                                                                            statements.                                            Quantity instruction. See Exchange Rule 11.7(a)(2).
                                                    [Release No. 34–78038; File No. SR-                                                                            Limit Orders with a Reserve Quantity may
                                                    BatsEDGA–2016–13]                                       A. Self-Regulatory Organization’s                      participate to the full extent of their displayed size
                                                                                                            Statement of the Purpose of, and the                   and Reserve Quantity. Id. Limit Orders with a
                                                    Self-Regulatory Organizations; Bats                     Statutory Basis for, the Proposed Rule                 Discretionary Range may participate up to their
                                                                                                            Change                                                 ranked limit price for buy orders or down to their
                                                    EDGA Exchange, Inc.; Notice of Filing                                                                          ranked limit price for sell orders. Id. All Limit
                                                    and Immediate Effectiveness of a                                                                               Orders with a Pegged instruction, as defined in
                                                                                                            1. Purpose
                                                    Proposed Rule Change to Rule 11.7,                                                                             Exchange Rule 11.6(i), will be eligible for execution
                                                    Opening Process                                           The Exchange proposes to amend                       in the Opening Process based on their pegged
                                                                                                                                                                   prices. Id.
                                                                                                            Rule 11.7, Opening Process, to await a
                                                    June 10, 2016.                                                                                                    8 Subparagraph (b) to Rule 11.7 states that the
                                                                                                            two-sided quotation from the listing                   Exchange will open by performing the Opening
                                                       Pursuant to Section 19(b)(1) of the
                                                                                                            exchange prior to re-opening a security                Process in which the System will attempt to match
                                                    Securities Exchange Act of 1934 (the                                                                           buy and sell orders that are executable at the
                                                                                                            for trading following a halt, suspension,
                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                         midpoint of the National Best Bid and Offer
                                                                                                            or pause in trading.
                                                    notice is hereby given that on June 9,                                                                         (‘‘NBBO’’). Furthermore, subparagraph (b) of Rule
                                                    2016, Bats EDGA Exchange, Inc. (the                       Exchange Rule 11.7 describes the                     11.7 also states that all orders executable at the
                                                                                                            Exchange’s current Opening and Re-                     midpoint of the NBBO will continue to be
                                                    ‘‘Exchange’’ or ‘‘EDGA’’) filed with the                                                                       processed in time sequence, beginning with the
                                                    Securities and Exchange Commission                      Opening Process. Subparagraph (e) to                   order with the oldest time stamp. Matches occur
                                                    (‘‘Commission’’) the proposed rule                      Rule 11.7 states that while a security is              until there are no remaining contra-side orders or
                                                    change as described in Items I and II                   subject to a halt, suspension, or pause                there is an imbalance of orders. An imbalance of
                                                                                                            in trading, the Exchange will accept                   orders may result in orders that cannot be executed
                                                    below, which Items have been prepared                                                                          in whole or in part. Any unexecuted orders may
                                                    by the Exchange. The Exchange has                       orders for queuing prior to the                        then be placed by the System on the EDGA Book,
                                                    designated this proposal as a ‘‘non-                    resumption of trading in the security for              cancelled, executed, or routed to away Trading
                                                    controversial’’ proposed rule change                    participation in the Re-Opening Process.               Centers in accordance with the Users’ instructions
                                                                                                            Subparagraph (a) to Rule 11.7 states                   pursuant to Exchange Rule 11.11.
                                                    pursuant to Section 19(b)(3)(A) of the                                                                            9 Orders without a time-in-force (‘‘TIF’’)
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Act 3 and Rule 19b–4(f)(6)(iii)                         that, prior to the beginning of the
                                                                                                                                                                   instruction of Regular Hours Only are eligible to
                                                    thereunder,4 which renders it effective                 Regular Trading Hours, Users 5 who                     participate in the Re-Opening Process, but orders
                                                    upon filing with the Commission. The                    wish to participate in the Opening                     that include a TIF instruction of IOC or FOK, a Post
                                                                                                            Process may enter orders to buy or sell.6              Only instruction or Minimum Execution Quantity
                                                      16 17                                                 Subparagraph (a)(2) to Rule 11.7                       instruction will be cancelled or rejected, as
                                                            CFR 200.30–3(a)(12).                                                                                   applicable, and any ISO that does not include a TIF
                                                      1 15 U.S.C. 78s(b)(1).                                                                                       instruction of IOC or FOK will be converted into a
                                                      2 17 CFR 240.19b–4.                                     5 See Exchange Rule 1.5(ee).                         non-ISO and be queued for participation in the Re-
                                                      3 15 U.S.C. 78s(b)(3)(A).                               6 Orders                                             Opening Process. See Exchange Rule 11.7(e)(1).
                                                                                                                       cancelled prior to the Opening Process
                                                      4 17 CFR 240.19b–4(f)(6)(iii).                        will not participate in the Opening Process.              10 See Exchange Rule 1.5(cc).




                                               VerDate Sep<11>2014   18:04 Jun 15, 2016   Jkt 238001   PO 00000   Frm 00055   Fmt 4703   Sfmt 4703   E:\FR\FM\16JNN1.SGM   16JNN1


                                                    39302                            Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices

                                                    security for trading. As amended,                          NBBO. The Exchange believes doing so                    with the protection of investors and the
                                                    subparagraph (e)(1) to Rule 11.7 would                     would result in a re-opening price that                 public interest. The Exchange has asked
                                                    state that the System would set the price                  more closely reflect the market prices                  the Commission to waive the 30-day
                                                    of the Re-Opening Process at the                           and conditions for that security.                       operative delay so that the proposal may
                                                    midpoint of the first NBBO subsequent                      Therefore, the Exchange believes the                    become operative immediately upon
                                                    to the first reported trade and first two-                 proposed rule change promotes just and                  filing. The Exchange states that waiver
                                                    sided quotation on the listing exchange                    equitable principles of trade because it                of the 30-day operative delay would
                                                    following the resumption of trading                        ensures a midpoint price that the                       allow market participants to
                                                    after a halt, suspension, or pause. The                    Exchange believes would accurately                      immediately realize the benefits of what
                                                    Exchange will utilize the current NBBO                     reflect the market for the security.                    may be more accurate re-opening prices.
                                                    to calculate the security’s re-opening                                                                             Based on the foregoing, the Commission
                                                                                                               B. Self-Regulatory Organization’s
                                                    price once a trade and two-sided                                                                                   believes the waiver of the operative
                                                                                                               Statement on Burden on Competition
                                                    quotation are received from the listing                                                                            delay is consistent with the protection
                                                    exchange, regardless of the order in                         The Exchange does not believe that                    of investors and the public interest.
                                                    which the trade or quotation are                           the proposal will impose any burden on                  Therefore, the Commission hereby
                                                    received. The Exchange believes the                        competition not necessary or                            waives the operative delay and
                                                    proposed rule change will enable the                       appropriate in furtherance of the                       designates the proposal operative upon
                                                    listing market’s quotation to be                           purposes of the Act. The proposed rule                  filing.17
                                                    incorporated into the NBBO, which the                      change will enable the Exchange to                         At any time within 60 days of the
                                                    Exchange would, in turn, utilize in its                    incorporate the listing market’s                        filing of the proposed rule change, the
                                                    calculation of the midpoint of the                         quotation into its calculation of the                   Commission summarily may
                                                    NBBO. The Exchange believes doing so                       midpoint of the NBBO, resulting in a re-                temporarily suspend such rule change if
                                                    would result in a re-opening price that                    opening price that would more closely                   it appears to the Commission that such
                                                    more closely reflects the market prices                    reflect the opening market prices and                   action is necessary or appropriate in the
                                                    and conditions for that security. Under                    conditions for that security. Therefore,                public interest, for the protection of
                                                    subparagraph (e)(1) to Rule 11.7, the                      the Exchange believes the proposed rule                 investors, or otherwise in furtherance of
                                                    Exchange will continue to alternatively                    change will promote competition by                      the purposes of the Act. If the
                                                    set the price of the Re-Opening Process                    enhancing the quality of the Exchange’s                 Commission takes such action, the
                                                    at the midpoint of the NBBO when the                       opening process.                                        Commission shall institute proceedings
                                                    first two-sided quotation is published by                  C. Self-Regulatory Organization’s                       to determine whether the proposed rule
                                                    the listing exchange following the                         Statement on Comments on the                            change should be approved or
                                                    resumption of trading after a halt,                        Proposed Rule Change Received From                      disapproved.
                                                    suspension, or pause if no first trade is                  Members, Participants, or Others                        IV. Solicitation of Comments
                                                    reported by the listing exchange within
                                                    one second of publication of the first                       The Exchange has neither solicited                      Interested persons are invited to
                                                    two-sided quotation by the listing                         nor received written comments on the                    submit written data, views, and
                                                    exchange.                                                  proposed rule change.                                   arguments concerning the foregoing,
                                                                                                               III. Date of Effectiveness of the                       including whether the proposed rule
                                                    2. Statutory Basis                                                                                                 change is consistent with the Act.
                                                                                                               Proposed Rule Change and Timing for
                                                       The Exchange believes that its                          Commission Action                                       Comments may be submitted by any of
                                                    proposal is consistent with Section 6(b)                                                                           the following methods:
                                                    of the Act 11 in general, and furthers the                    Because the proposed rule change
                                                                                                               does not (i) significantly affect the                   Electronic Comments
                                                    objectives of Section 6(b)(5) of the Act 12
                                                    in particular, in that it is designed to                   protection of investors or the public                     • Use the Commission’s Internet
                                                    promote just and equitable principles of                   interest; (ii) impose any significant                   comment form (http://www.sec.gov/
                                                    trade, to foster cooperation and                           burden on competition; and (iii) become                 rules/sro.shtml); or
                                                    coordination with persons engaged in                       operative for 30 days from the date on                    • Send an email to rule-comments@
                                                    facilitating transactions in securities, to                which it was filed, or such shorter time                sec.gov. Please include File No. SR-
                                                    remove impediments to and perfect the                      as the Commission may designate, it has                 BatsEDGA–2016–13 on the subject line.
                                                    mechanism of a free and open market                        become effective pursuant to Section
                                                                                                               19(b)(3)(A) of the Act 13 and Rule 19b–                 Paper Comments
                                                    and a national market system and, in
                                                    general, to protect investors and the                      4(f)(6) thereunder.14                                     • Send paper comments in triplicate
                                                    public interest. The Exchange believes                        A proposed rule change filed                         to Secretary, Securities and Exchange
                                                    the proposed rule change will promote                      pursuant to Rule 19b–4(f)(6) under the                  Commission, 100 F Street NE.,
                                                    just and equitable principles of trade,                    Act 15 normally does not become                         Washington, DC 20549–1090.
                                                    removes impediments to, and perfect                        operative for 30 days after the date of its             All submissions should refer to File No.
                                                    the mechanism of, a free and open                          filing. However, Rule 19b–4(f)(6)(iii) 16               SR-BatsEDGA–2016–13. This file
                                                    market and a national market system                        permits the Commission to designate a                   number should be included on the
                                                    because it enables the System to execute                   shorter time if such action is consistent               subject line if email is used. To help the
                                                    the Re-Opening Process at a price that                                                                             Commission process and review your
                                                                                                                 13 15  U.S.C. 78s(b)(3)(A).                           comments more efficiently, please use
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                                                    is objectively established by the market                     14 17  CFR 240.19b–4(f)(6). As required under Rule
                                                    for the security. The proposal would                                                                               only one method. The Commission will
                                                                                                               19b–4(f)(6)(iii), the Exchange provided the
                                                    enable the listing market’s quotation to                   Commission with written notice of its intent to file    post all comments on the Commission’s
                                                    be incorporated into the NBBO, which                       the proposed rule change, along with a brief            Internet Web site (http://www.sec.gov/
                                                                                                               description and the text of the proposed rule
                                                    the Exchange would, in turn, utilize in                    change, at least five business days prior to the date      17 For purposes only of waiving the 30-day
                                                    its calculation of the midpoint of the                     of filing of the proposed rule change, or such          operative delay, the Commission has also
                                                                                                               shorter time as designated by the Commission.           considered the proposed rule’s impact on
                                                      11 15   U.S.C. 78f(b).                                     15 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                       efficiency, competition, and capital formation. See
                                                      12 15   U.S.C. 78f(b)(5).                                  16 17 CFR 240.19b–4(f)(6)(iii).                       15 U.S.C. 78c(f).



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                                                                                   Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices                                                     39303

                                                    rules/sro.shtml). Copies of the                         proposed rule change from interested                    the proposed rule change and discussed
                                                    submission, all subsequent                              persons.                                                any comments it received on the
                                                    amendments, all written statements                                                                              proposed rule change. The text of these
                                                                                                            I. Clearing Agency’s Statement of the
                                                    with respect to the proposed rule                                                                               statements may be examined at the
                                                                                                            Terms of Substance of the Proposed
                                                    change that are filed with the                                                                                  places specified in Item IV below. The
                                                                                                            Rule Change
                                                    Commission, and all written                                                                                     clearing agency has prepared
                                                    communications relating to the                             The proposed rule change consists of                 summaries, set forth in sections A, B,
                                                    proposed rule change between the                        amendments to the Rules, By-Laws and                    and C below, of the most significant
                                                    Commission and any person, other than                   Organization Certificate of The                         aspects of such statements.
                                                    those that may be withheld from the                     Depository Trust Company (the
                                                    public in accordance with the                           ‘‘Rules’’) 4 in order to add new Rule 34                (A) Clearing Agency’s Statement of the
                                                    provisions of 5 U.S.C. 552, will be                     (EB Link) to establish a link (‘‘EB Link’’)             Purpose of, and Statutory Basis for, the
                                                    available for Web site viewing and                      between DTC and Euroclear Bank SA/                      Proposed Rule Change
                                                    printing in the Commission’s Public                     NV (‘‘EB’’) for DTC Participants that are               1. Purpose
                                                    Reference Room, 100 F Street NE.,                       also EB participants (‘‘CP Participants’’)
                                                                                                            to use Securities held at DTC for EB                       The proposal would add new Rule 34
                                                    Washington, DC 20549, on official                                                                               (EB Link) to establish the EB Link
                                                    business days between the hours of                      Collateral Transactions (as defined
                                                                                                            below). The proposed Rule 34 specifies                  between DTC and EB for CP Participants
                                                    10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                            the Accounts, Free Deliveries, and the                  to use Securities held at DTC for EB
                                                    filing also will be available for
                                                                                                            terms and conditions that together                      Collateral Transactions. The proposed
                                                    inspection and copying at the principal
                                                                                                            comprise collateral positioning                         Rule 34 specifies the Accounts, Free
                                                    office of the Exchange. All comments
                                                                                                            (‘‘Collateral Positioning’’ or ‘‘CP’’) for              Deliveries, and the terms and conditions
                                                    received will be posted without change;
                                                                                                            CP Participants. The proposed rule                      that together comprise Collateral
                                                    the Commission does not edit personal
                                                                                                            change would: (i) Allow CP Participants                 Positioning for CP Participants. The
                                                    identifying information from
                                                                                                            to designate a sub-account for Collateral               proposed rule change would: (i) Allow
                                                    submissions. You should submit only
                                                                                                            Positioning (a ‘‘CP Sub-Account’’) of                   CP Participants to designate a CP Sub-
                                                    information that you wish to make
                                                    available publicly. All submissions                     Securities selected by the CP Participant               Account of CP Securities to Deliver to
                                                    should refer to File No. SR-BatsEDGA–                   (the ‘‘CP Securities’’) to Deliver to EB;               EB; and (ii) establish the EB Account on
                                                    2016–13, and should be submitted on or                  and (ii) establish the Securities Account               the books of DTC to receive and hold
                                                    before July 7, 2016.                                    of EB (the ‘‘EB Account’’) on the books                 such CP Securities. DTC understands
                                                                                                            of DTC to receive and hold such CP                      that EB would then credit such CP
                                                      For the Commission, by the Division of                                                                        Securities to an account it maintains on
                                                    Trading and Markets, pursuant to delegated              Securities. DTC understands that EB
                                                                                                            would then credit such CP Securities to                 its books for such CP Participant for use
                                                    authority.18
                                                                                                            an account it maintains on its books for                in EB Collateral Transactions in
                                                    Robert W. Errett,
                                                                                                            such CP Participant for use in transfers                connection with EB CMS, as described
                                                    Deputy Secretary.                                                                                               below.
                                                                                                            on the books of EB (‘‘EB Collateral
                                                    [FR Doc. 2016–14209 Filed 6–15–16; 8:45 am]
                                                                                                            Transactions’’) in connection with EB’s                 (i) Background
                                                    BILLING CODE 8011–01–P
                                                                                                            collateral management services (‘‘EB
                                                                                                            CMS’’), as described below.5                            (a) New Regulations Require Better
                                                                                                                                                                    Access to and Management of Securities
                                                    SECURITIES AND EXCHANGE                                 II. Clearing Agency’s Statement of the                  Collateral
                                                    COMMISSION                                              Purpose of, and Statutory Basis for, the
                                                                                                                                                                       New and enhanced regulatory
                                                    [Release No. 34–78031; File No. SR–DTC–                 Proposed Rule Change
                                                                                                                                                                    requirements are leading derivative and
                                                    2016–004]                                                  In its filing with the Commission, the               financing counterparties to seek
                                                                                                            clearing agency included statements                     increased efficiency in the availability
                                                    Self-Regulatory Organizations; The                      concerning the purpose of and basis for                 and deployment of collateral and
                                                    Depository Trust Company; Notice of
                                                                                                                                                                    streamlined margin processing. More
                                                    Filing of Proposed Rule Change To                          4 Each capitalized term not otherwise defined
                                                                                                                                                                    specifically, the phase-in period of the
                                                    Establish a Link With Euroclear                         herein has its respective meaning as set forth in the
                                                                                                            Rules, available at http://www.dtcc.com/legal/rules-
                                                                                                                                                                    Basel III liquidity rules,6 as well as
                                                    June 10, 2016.                                          and-procedures.aspx. Pursuant to a telephone call       recent regulatory changes by the
                                                       Pursuant to Section 19(b)(1) of the                  with DTC’s internal counsel on June 9, 2016, staff      Commodity Futures Trading
                                                    Securities Exchange Act of 1934                         in the Commission’s Office of Clearance and             Commission,7 the U.S. prudential
                                                                                                            Settlement added this footnote. DTC inadvertently
                                                    (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                 omitted the footnote.
                                                                                                                                                                    regulators,8 European Market
                                                    notice is hereby given that on June 3,                     5 On May 9, 2016, EB filed an application with
                                                                                                                                                                       6 Basel Committee on Banking Supervision, Basel
                                                    2016, The Depository Trust Company                      the U.S. Securities and Exchange Commission
                                                                                                            (‘‘Commission’’) on Form CA–1, seeking to amend         III: A global framework for more resilient banks and
                                                    (‘‘DTC’’) filed with the Securities and                                                                         the banking system, December 2010 and revised
                                                                                                            its existing exemption from clearing agency
                                                    Exchange Commission (‘‘Commission’’)                    registration by expanding its existing exemption to     June 2011; Basel Committee on Banking
                                                    the proposed rule change as described                   authorize EB to offer EB CMS to its U.S.                Supervision, Basel III: The Liquidity Coverage Ratio
                                                    in Items I, II and III below, which Items               participants for U.S. equities (the ‘‘EB CA–1           and liquidity risk monitoring tools, January 2013;
                                                                                                            Amendment’’). DTC understands that the EB CA–           Basel Committee on Banking Supervision, Basel III:
                                                    have been prepared by DTC. DTC filed                                                                            the net stable funding ratio, October 2014, available
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                                                                                                            1 Amendment is necessary for EB to offer EB CMS,
                                                    the proposed rule change pursuant to                    and consequently, the DTCC Euroclear Global             at www.bis.org/bcbs/basel3.htm.
                                                    Section 19(b)(2) of the Act thereunder.3                Collateral Ltd. (‘‘DEGCL’’) Inventory Management           7 Margin Requirements for Uncleared Swaps for

                                                    The Commission is publishing this                       Service (‘‘DEGCL IMS’’), to U.S. participants for       Swap Dealers and Major Swap Participants, 81 FR
                                                    notice to solicit comments on the                       U.S. equities. Commission approval of this              635 (January 6, 2016); 17 CFR parts 23 and 140.
                                                                                                            proposed rule change to add new Rule 34 (EB Link)          8 Margin and Capital Requirements for Covered

                                                      18 17
                                                                                                            would have no effect on the authority of EB             Swap Entities, 80 FR 74840 (November 30, 2015);
                                                            CFR 200.30–3(a)(12).                            pursuant to the EB CA–1 Amendment. In addition,         12 CFR parts 45, 237, 349, 624 and 1221. The U.S.
                                                      1 15 U.S.C. 78s(b)(1).                                this proposed rule change provides that it would        prudential regulators include: Office of the
                                                      2 17 CFR 240.19b–4.
                                                                                                            not be implemented until the EB CA–1 Amendment          Comptroller of the Currency—Treasury, Board of
                                                      3 15 U.S.C. 78s(b)(2).                                is approved by the Commission.                                                                      Continued




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Document Created: 2016-06-16 00:37:18
Document Modified: 2016-06-16 00:37:18
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 39301 

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