81_FR_39426 81 FR 39310 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.7, Opening Process

81 FR 39310 - Self-Regulatory Organizations; Bats EDGX 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 Range39310-39312
FR Document2016-14210

Federal Register, Volume 81 Issue 116 (Thursday, June 16, 2016)
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Notices]
[Pages 39310-39312]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14210]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78039; File No. SR-BatsEDGX-2016-24]


Self-Regulatory Organizations; Bats EDGX 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\

[[Page 39311]]

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

    The Exchange filed a proposal to amend Rule 11.7, 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 EDGX 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 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

[[Page 39312]]

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\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \15\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \16\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The Exchange 
states that waiver of the 30-day operative delay would allow market 
participants to immediately realize the benefits of what may be more 
accurate re-opening prices. Based on the foregoing, the Commission 
believes the waiver of the operative delay is consistent with the 
protection of investors and the public interest. Therefore, the 
Commission hereby waives the operative delay and designates the 
proposal operative upon filing.\17\
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    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-BatsEDGX-2016-24 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-BatsEDGX-2016-24. 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-BatsEDGX-2016-24, 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. 2016-14210 Filed 6-15-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    39310                          Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices

                                                    competitive because it allows Penny                     pursuant to Rule 19b–4(f)(6)(iii),13 the               Place, 100 F Street NE., Washington, DC
                                                    Pilot issues to continue trading on the                 Commission may designate a shorter                     20549–9303.
                                                    Exchange.                                               time if such action is consistent with the             All submissions should refer to File
                                                      Moreover, the Exchange believes that                  protection of investors and the public                 Number SR–BX–2016–021. This file
                                                    the proposed rule change will allow for                 interest. The Exchange has asked the                   number should be included on the
                                                    further analysis of the Pilot and a                     Commission to waive the 30-day                         subject line if email is used. To help the
                                                    determination of how the Pilot should                   operative delay so that the proposal may               Commission process and review your
                                                    be structured in the future; and will                   become operative immediately upon                      comments more efficiently, please use
                                                    serve to promote regulatory clarity and                 filing. The Commission believes that                   only one method. The Commission will
                                                    consistency, thereby reducing burdens                   waiving the 30-day operative delay is                  post all comments on the Commission’s
                                                    on the marketplace and facilitating                     consistent with the protection of                      Internet Web site http://www.sec.gov/
                                                    investor protection.                                    investors and the public interest                      rules/sro.shtml.
                                                      The Pilot is an industry-wide                         because doing so will allow the Pilot                     Copies of the submission, all
                                                    initiative supported by all other option                Program to continue without                            subsequent amendments, all written
                                                    exchanges. The Exchange believes that                   interruption in a manner that is                       statements with respect to the proposed
                                                    extending the Pilot will allow for                      consistent with the Commission’s prior                 rule change that are filed with the
                                                    continued competition between market                    approval of the extension and expansion                Commission, and all written
                                                    participants on the Exchange trading                    of the Pilot Program and will allow the                communications relating to the
                                                    similar products as their counterparts                  Exchange and the Commission                            proposed rule change between the
                                                    on other exchanges, while at the same                   additional time to analyze the impact of               Commission and any person, other than
                                                    time allowing the Exchange to continue                  the Pilot Program. Accordingly, the                    those that may be withheld from the
                                                    to compete for order flow with other                    Commission designates the proposed                     public in accordance with the
                                                    exchanges in option issues trading as                   rule change as operative upon filing                   provisions of 5 U.S.C. 552, will be
                                                    part of the Pilot.                                      with the Commission.14                                 available for Web site viewing and
                                                                                                               At any time within 60 days of the                   printing in the Commission’s Public
                                                    C. Self-Regulatory Organization’s                                                                              Reference Room, 100 F Street NE.,
                                                                                                            filing of such proposed rule change, the
                                                    Statement on Comments on the                                                                                   Washington, DC 20549, on official
                                                                                                            Commission summarily may
                                                    Proposed Rule Change Received From                                                                             business days between the hours of
                                                                                                            temporarily suspend such rule change if
                                                    Members, Participants, or Others                                                                               10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                            it appears to the Commission that such
                                                      No written comments were either                       action is necessary or appropriate in the              filing also will be available for
                                                    solicited or received.                                  public interest, for the protection of                 inspection and copying at the principal
                                                                                                            investors, or otherwise in furtherance of              office of BX. All comments received will
                                                    III. Date of Effectiveness of the                                                                              be posted without change; the
                                                    Proposed Rule Change and Timing for                     the purposes of the Act. If the
                                                                                                            Commission takes such action, the                      Commission does not edit personal
                                                    Commission Action                                                                                              identifying information from
                                                                                                            Commission shall institute proceedings
                                                       The Exchange has filed the proposed                  under Section 19(b)(2)(B) 15 of the Act to             submissions. You should submit only
                                                    rule change pursuant to Section                         determine whether the proposed rule                    information that you wish to make
                                                    19(b)(3)(A)(iii) of the Act 9 and Rule                  change should be approved or                           available publicly.
                                                    19b–4(f)(6) thereunder.10 Because the                                                                             All submissions should refer to File
                                                                                                            disapproved.
                                                    proposed rule change does not: (i)                                                                             Number SR–BX–2016–021 and should
                                                    Significantly affect the protection of                  IV. Solicitation of Comments                           be submitted on or before July 7, 2016.
                                                    investors or the public interest; (ii)                    Interested persons are invited to                      For the Commission, by the Division of
                                                    impose any significant burden on                        submit written data, views, and                        Trading and Markets, pursuant to delegated
                                                    competition; and (iii) become operative                                                                        authority.16
                                                                                                            arguments concerning the foregoing,
                                                    prior to 30 days from the date on which                 including whether the proposed rule                    Robert W. Errett,
                                                    it was filed, or such shorter time as the               change is consistent with the Act.                     Deputy Secretary.
                                                    Commission may designate, if                              Comments may be submitted by any                     [FR Doc. 2016–14207 Filed 6–15–16; 8:45 am]
                                                    consistent with the protection of                       of the following methods:                              BILLING CODE 8011–01–P
                                                    investors and the public interest, the
                                                    proposed rule change has become                         Electronic Comments
                                                    effective pursuant to Section 19(b)(3)(A)                 • Use the Commission’s Internet                      SECURITIES AND EXCHANGE
                                                    of the Act and Rule 19b–4(f)(6)(iii)                    comment form (http://www.sec.gov/                      COMMISSION
                                                    thereunder.                                             rules/sro.shtml); or                                   [Release No. 34–78039; File No. SR–
                                                       A proposed rule change filed under                     • Send an email to rule-comments@                    BatsEDGX–2016–24]
                                                    Rule 19b–4(f)(6) 11 normally does not                   sec.gov. Please include File Number SR–
                                                    become operative prior to 30 days after                 BX–2016–021 on the subject line.                       Self-Regulatory Organizations; Bats
                                                    the date of the filing.12 However,                                                                             EDGX Exchange, Inc.; Notice of Filing
                                                                                                            Paper Comments                                         and Immediate Effectiveness of a
                                                      9 15  U.S.C. 78s(b)(3)(A)(iii).                         • Send paper comments in triplicate                  Proposed Rule Change to Rule 11.7,
                                                      10 17 CFR 240.19b–4(f)(6).
                                                                                                            to Brent J. Fields, Secretary, Securities              Opening Process
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      11 17 CFR 240.19b–4(f)(6).
                                                                                                            and Exchange Commission, Station                       June 10, 2016.
                                                      12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–

                                                    4(f)(6)(iii) requires the Exchange to give the                                                                    Pursuant to Section 19(b)(1) of the
                                                                                                              13 17  CFR 240.19b–4(f)(6)(iii).
                                                    Commission written notice of the Exchange’s intent                                                             Securities Exchange Act of 1934 (the
                                                                                                               14 For purposes only of waiving the operative
                                                    to file the proposed rule change along with a brief                                                            ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    description and the text of the proposed rule           delay for this proposal, the Commission has
                                                    change, at least five business days prior to the date   considered the proposed rule’s impact on
                                                                                                                                                                     16 17 CFR 200.30–3(a)(12).
                                                    of filing of the proposed rule change, or such          efficiency, competition, and capital formation. See
                                                    shorter time as designated by the Commission. The       15 U.S.C. 78c(f).                                        1 15 U.S.C. 78s(b)(1).
                                                    Exchange has satisfied this pre-filing requirement.        15 15 U.S.C. 78s(b)(2)(B).                            2 17 CFR 240.19b–4.




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                                                                                     Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices                                                39311

                                                    notice is hereby given that on June 9,                     subject to a halt, suspension, or pause                  after a halt, suspension, or pause; or (ii)
                                                    2016, Bats EDGX Exchange, Inc. (the                        in trading, the Exchange will accept                     NBBO when the first two-sided
                                                    ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                   orders for queuing prior to the                          quotation is published by the listing
                                                    Securities and Exchange Commission                         resumption of trading in the security for                exchange following the resumption of
                                                    (‘‘Commission’’) the proposed rule                         participation in the Re-Opening Process.                 trading after a halt, suspension, or pause
                                                    change as described in Items I and II                      Subparagraph (a) to Rule 11.7 states                     if no first trade is reported by the listing
                                                    below, which Items have been prepared                      that, prior to the beginning of the                      exchange within one second of
                                                    by the Exchange. The Exchange has                          Regular Trading Hours, Users 5 who                       publication of the first two-sided
                                                    designated this proposal as a ‘‘non-                       wish to participate in the Opening                       quotation by the listing exchange.
                                                    controversial’’ proposed rule change                       Process may enter orders to buy or sell.6                   The Exchange proposes to amend
                                                    pursuant to Section 19(b)(3)(A) of the                     Subparagraph (a)(2) to Rule 11.7                         subparagraph (e)(1) to Rule 11.7 to now
                                                    Act 3 and Rule 19b–4(f)(6)(iii)                            provides that, with certain exceptions,7                 await a two-sided quotation from the
                                                    thereunder,4 which renders it effective                    all orders with a time-in-force                          listing exchange prior to opening a
                                                    upon filing with the Commission. The                       instruction of Regular Hours Only may                    security for trading. As amended,
                                                    Commission is publishing this notice to                    participate in the Opening Process.                      subparagraph (e)(1) to Rule 11.7 would
                                                    solicit comments on the proposed rule                      Subparagraph (e)(1) to Rule 11.7 states                  state that the System would set the price
                                                    change from interested persons.                            that the Re-Opening Process will occur                   of the Re-Opening Process at the
                                                                                                               in the same manner described in Rule                     midpoint of the first NBBO subsequent
                                                    I. Self-Regulatory Organization’s                                                                                   to the first reported trade and first two-
                                                                                                               11.7(a)(2) and (b) described above,8 also
                                                    Statement of the Terms of Substance of                                                                              sided quotation on the listing exchange
                                                                                                               with certain exceptions.9
                                                    the Proposed Rule Change                                      Subparagraph (e)(1) to Exchange Rule                  following the resumption of trading
                                                       The Exchange filed a proposal to                        11.7 also sets forth the process by which                after a halt, suspension, or pause. The
                                                    amend Rule 11.7, Opening Process, to                       the System sets the price of the Re-                     Exchange will utilize the current NBBO
                                                    await a two-sided quotation from the                       Opening Process. Currently, the                          to calculate the security’s re-opening
                                                    listing exchange prior to re-opening a                     System 10 sets the price of the Re-                      price once a trade and two-sided
                                                    security for trading following a halt,                     Opening Process at the midpoint of the:                  quotation are received from the listing
                                                    suspension, or pause in trading.                           (i) First NBBO subsequent to the first                   exchange, regardless of the order in
                                                       The text of the proposed rule change                    reported trade on the listing exchange                   which the trade or quotation are
                                                    is available at the Exchange’s Web site                    following the resumption of trading                      received. The Exchange believes the
                                                    at www.batstrading.com, at the                                                                                      proposed rule change will enable the
                                                    principal office of the Exchange, and at                     5 See  Exchange Rule 1.5(ee).                          listing market’s quotation to be
                                                    the Commission’s Public Reference                            6 Orders  cancelled prior to the Opening Process       incorporated into the NBBO, which the
                                                    Room.                                                      will not participate in the Opening Process.
                                                                                                                  7 The following order types and instruction may
                                                                                                                                                                        Exchange would, in turn, utilize in its
                                                    II. Self-Regulatory Organization’s                         not participate in the opening process: Limit Orders     calculation of the midpoint of the
                                                    Statement of the Purpose of, and                           with a Post Only instruction, the Discretionary          NBBO. The Exchange believes doing so
                                                    Statutory Basis for, the Proposed Rule                     Range of Limit Orders, ISOs not modified by Rule         would result in a re-opening price that
                                                                                                               11.7(a)(1), and orders with a Minimum Execution          more closely reflects the market prices
                                                    Change                                                     Quantity instruction. See Exchange Rule 11.7(a)(2).
                                                                                                               Limit Orders with a Reserve Quantity may                 and conditions for that security. Under
                                                       In its filing with the Commission, the                                                                           subparagraph (e)(1) to Rule 11.7, the
                                                                                                               participate to the full extent of their displayed size
                                                    Exchange included statements                               and Reserve Quantity. Id. Limit Orders with a            Exchange will continue to alternatively
                                                    concerning the purpose of and basis for                    Discretionary Range may participate up to their          set the price of the Re-Opening Process
                                                    the proposed rule change and discussed                     ranked limit price for buy orders or down to their
                                                                                                                                                                        at the midpoint of the NBBO when the
                                                    any comments it received on the                            ranked limit price for sell orders. Id. All Limit
                                                                                                               Orders with a Pegged instruction, as defined in          first two-sided quotation is published by
                                                    proposed rule change. The text of these                    Exchange Rule 11.6(i), will be eligible for execution    the listing exchange following the
                                                    statements may be examined at the                          in the Opening Process based on their pegged
                                                                                                                                                                        resumption of trading after a halt,
                                                    places specified in Item IV below. The                     prices. Id.
                                                                                                                  8 Subparagraph (b) to Rule 11.7 states that the       suspension, or pause if no first trade is
                                                    Exchange has prepared summaries, set                                                                                reported by the listing exchange within
                                                                                                               Exchange will open by performing the Opening
                                                    forth in Sections A, B, and C below, of                    Process in which the System will attempt to match        one second of publication of the first
                                                    the most significant parts of such                         buy and sell orders that are executable at the           two-sided quotation by the listing
                                                    statements.                                                midpoint of the National Best Bid and Offer
                                                                                                                                                                        exchange.
                                                                                                               (‘‘NBBO’’). Furthermore, subparagraph (b) of Rule
                                                    A. Self-Regulatory Organization’s                          11.7 also states that all orders executable at the
                                                                                                                                                                        2. Statutory Basis
                                                    Statement of the Purpose of, and the                       midpoint of the NBBO will continue to be
                                                                                                               processed in time sequence, beginning with the              The Exchange believes that its
                                                    Statutory Basis for, the Proposed Rule                     order with the oldest time stamp. Matches occur
                                                    Change                                                     until there are no remaining contra-side orders or
                                                                                                                                                                        proposal is consistent with Section 6(b)
                                                                                                               there is an imbalance of orders. An imbalance of         of the Act 11 in general, and furthers the
                                                    1. Purpose                                                 orders may result in orders that cannot be executed      objectives of Section 6(b)(5) of the Act 12
                                                       The Exchange proposes to amend                          in whole or in part. Any unexecuted orders may           in particular, in that it is designed to
                                                                                                               then be placed by the System on the EDGX Book,
                                                    Rule 11.7, Opening Process, to await a                     cancelled, executed, or routed to away Trading
                                                                                                                                                                        promote just and equitable principles of
                                                    two-sided quotation from the listing                       Centers in accordance with the Users’ instructions       trade, to foster cooperation and
                                                    exchange prior to re-opening a security                    pursuant to Exchange Rule 11.11.                         coordination with persons engaged in
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                                                                                                                  9 Orders without a time-in-force (‘‘TIF’’)
                                                    for trading following a halt, suspension,                                                                           facilitating transactions in securities, to
                                                                                                               instruction of Regular Hours Only are eligible to
                                                    or pause in trading.                                       participate in the Re-Opening Process, but orders
                                                                                                                                                                        remove impediments to and perfect the
                                                       Exchange Rule 11.7 describes the                        that include a TIF instruction of IOC or FOK, a Post     mechanism of a free and open market
                                                    Exchange’s current Opening and Re-                         Only instruction or Minimum Execution Quantity           and a national market system and, in
                                                    Opening Process. Subparagraph (e) to                       instruction will be cancelled or rejected, as            general, to protect investors and the
                                                                                                               applicable, and any ISO that does not include a TIF
                                                    Rule 11.7 states that while a security is                  instruction of IOC or FOK will be converted into a
                                                                                                                                                                        public interest. The Exchange believes
                                                                                                               non-ISO and be queued for participation in the Re-
                                                      3 15   U.S.C. 78s(b)(3)(A).                              Opening Process. See Exchange Rule 11.7(e)(1).            11 15   U.S.C. 78f(b).
                                                      4 17   CFR 240.19b–4(f)(6)(iii).                            10 See Exchange Rule 1.5(cc).                          12 15   U.S.C. 78f(b)(5).



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                                                    39312                         Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices

                                                    the proposed rule change will promote                      A proposed rule change filed                         Paper Comments
                                                    just and equitable principles of trade,                 pursuant to Rule 19b–4(f)(6) under the                     • Send paper comments in triplicate
                                                    removes impediments to, and perfect                     Act 15 normally does not become                         to Secretary, Securities and Exchange
                                                    the mechanism of, a free and open                       operative for 30 days after the date of its             Commission, 100 F Street NE.,
                                                    market and a national market system                     filing. However, Rule 19b–4(f)(6)(iii) 16               Washington, DC 20549–1090.
                                                    because it enables the System to execute                permits the Commission to designate a                   All submissions should refer to File No.
                                                    the Re-Opening Process at a price that                  shorter time if such action is consistent               SR–BatsEDGX–2016–24. This file
                                                    is objectively established by the market                with the protection of investors and the                number should be included on the
                                                    for the security. The proposal would                    public interest. The Exchange has asked                 subject line if email is used. To help the
                                                    enable the listing market’s quotation to                the Commission to waive the 30-day                      Commission process and review your
                                                    be incorporated into the NBBO, which                    operative delay so that the proposal may                comments more efficiently, please use
                                                    the Exchange would, in turn, utilize in                 become operative immediately upon                       only one method. The Commission will
                                                    its calculation of the midpoint of the                  filing. The Exchange states that waiver                 post all comments on the Commission’s
                                                    NBBO. The Exchange believes doing so                    of the 30-day operative delay would                     Internet Web site (http://www.sec.gov/
                                                    would result in a re-opening price that                 allow market participants to                            rules/sro.shtml). Copies of the
                                                    more closely reflect the market prices                  immediately realize the benefits of what                submission, all subsequent
                                                    and conditions for that security.                       may be more accurate re-opening prices.                 amendments, all written statements
                                                    Therefore, the Exchange believes the                    Based on the foregoing, the Commission                  with respect to the proposed rule
                                                    proposed rule change promotes just and                  believes the waiver of the operative                    change that are filed with the
                                                    equitable principles of trade because it                delay is consistent with the protection                 Commission, and all written
                                                    ensures a midpoint price that the                       of investors and the public interest.                   communications relating to the
                                                    Exchange believes would accurately                      Therefore, the Commission hereby                        proposed rule change between the
                                                    reflect the market for the security.                    waives the operative delay and                          Commission and any person, other than
                                                                                                            designates the proposal operative upon                  those that may be withheld from the
                                                    B. Self-Regulatory Organization’s
                                                                                                            filing.17                                               public in accordance with the
                                                    Statement on Burden on Competition
                                                                                                               At any time within 60 days of the                    provisions of 5 U.S.C. 552, will be
                                                      The Exchange does not believe that                    filing of the proposed rule change, the
                                                    the proposal will impose any burden on                                                                          available for Web site viewing and
                                                                                                            Commission summarily may                                printing in the Commission’s Public
                                                    competition not necessary or                            temporarily suspend such rule change if
                                                    appropriate in furtherance of the                                                                               Reference Room, 100 F Street NE.,
                                                                                                            it appears to the Commission that such                  Washington, DC 20549, on official
                                                    purposes of the Act. The proposed rule                  action is necessary or appropriate in the
                                                    change will enable the Exchange to                                                                              business days between the hours of
                                                                                                            public interest, for the protection of                  10:00 a.m. and 3:00 p.m. Copies of the
                                                    incorporate the listing market’s                        investors, or otherwise in furtherance of
                                                    quotation into its calculation of the                                                                           filing also will be available for
                                                                                                            the purposes of the Act. If the                         inspection and copying at the principal
                                                    midpoint of the NBBO, resulting in a re-                Commission takes such action, the
                                                    opening price that would more closely                                                                           office of the Exchange. All comments
                                                                                                            Commission shall institute proceedings                  received will be posted without change;
                                                    reflect the opening market prices and                   to determine whether the proposed rule
                                                    conditions for that security. Therefore,                                                                        the Commission does not edit personal
                                                                                                            change should be approved or                            identifying information from
                                                    the Exchange believes the proposed rule                 disapproved.
                                                    change will promote competition by                                                                              submissions. You should submit only
                                                    enhancing the quality of the Exchange’s                 IV. Solicitation of Comments                            information that you wish to make
                                                    opening process.                                                                                                available publicly. All submissions
                                                                                                              Interested persons are invited to                     should refer to File No. SR–BatsEDGX–
                                                    C. Self-Regulatory Organization’s                       submit written data, views, and                         2016–24, and should be submitted on or
                                                    Statement on Comments on the                            arguments concerning the foregoing,                     before July 7, 2016.
                                                    Proposed Rule Change Received From                      including whether the proposed rule
                                                                                                            change is consistent with the Act.                        For the Commission, by the Division of
                                                    Members, Participants, or Others                                                                                Trading and Markets, pursuant to delegated
                                                                                                            Comments may be submitted by any of                     authority.18
                                                      The Exchange has neither solicited                    the following methods:
                                                    nor received written comments on the                                                                            Robert W. Errett,
                                                    proposed rule change.                                   Electronic Comments                                     Deputy Secretary.
                                                    III. Date of Effectiveness of the                         • Use the Commission’s Internet                       [FR Doc. 2016–14210 Filed 6–15–16; 8:45 am]
                                                                                                            comment form (http://www.sec.gov/                       BILLING CODE 8011–01–P
                                                    Proposed Rule Change and Timing for
                                                    Commission Action                                       rules/sro.shtml); or
                                                      Because the proposed rule change                        • Send an email to rule-comments@
                                                                                                            sec.gov. Please include File No. SR–                    DEPARTMENT OF STATE
                                                    does not (i) significantly affect the
                                                    protection of investors or the public                   BatsEDGX–2016–24 on the subject line.                   [Public Notice: 9607]
                                                    interest; (ii) impose any significant
                                                                                                            Commission with written notice of its intent to file    Notice of Availability of the Final
                                                    burden on competition; and (iii) become
                                                                                                            the proposed rule change, along with a brief            Environmental Assessment and
                                                    operative for 30 days from the date on                  description and the text of the proposed rule           Finding of No Significant Impact for
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    which it was filed, or such shorter time                change, at least five business days prior to the date
                                                                                                                                                                    the NuStar Burgos Pipeline Projects
                                                    as the Commission may designate, it has                 of filing of the proposed rule change, or such
                                                                                                            shorter time as designated by the Commission.           Presidential Permit Applications
                                                    become effective pursuant to Section                       15 17 CFR 240.19b–4(f)(6).                           Review, Hidalgo County, Texas
                                                    19(b)(3)(A) of the Act 13 and Rule 19b–                    16 17 CFR 240.19b–4(f)(6)(iii).
                                                    4(f)(6) thereunder.14                                      17 For purposes only of waiving the 30-day           AGENCY:     Department of State.
                                                                                                            operative delay, the Commission has also                ACTION:     Notice of availability.
                                                      13 15U.S.C. 78s(b)(3)(A).                             considered the proposed rule’s impact on
                                                      14 17CFR 240.19b–4(f)(6). As required under Rule      efficiency, competition, and capital formation. See
                                                    19b–4(f)(6)(iii), the Exchange provided the             15 U.S.C. 78c(f).                                         18 17   CFR 200.30–3(a)(12).



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Document Created: 2016-06-16 00:37:46
Document Modified: 2016-06-16 00:37:46
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 39310 

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