81_FR_43433 81 FR 43306 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.24, Retail Price Improvement Program, To Extend the Pilot Period

81 FR 43306 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.24, Retail Price Improvement Program, To Extend the Pilot Period

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 127 (July 1, 2016)

Page Range43306-43308
FR Document2016-15717

Federal Register, Volume 81 Issue 127 (Friday, July 1, 2016)
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43306-43308]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15717]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78180; File No. SR-BatsBYX-2016-15]


Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 
11.24, Retail Price Improvement Program, To Extend the Pilot Period

June 28, 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 23, 2016, Bats BYX Exchange, Inc. (the ``Exchange'' or 
``BYX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange filed a proposal to extend the pilot period for the 
Exchange's Retail Price Improvement (``RPI'') Program (the 
``Program''), which is currently set to expire on July 31, 2016, for 12 
months, to expire on July 31, 2017.
    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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    In November 2012, the Commission approved the RPI Program on a 
pilot basis.\5\ The Program is designed to attract retail order flow to 
the Exchange, and allows such order flow to receive potential price 
improvement. The Program is currently limited to trades occurring at 
prices equal to or greater than $1.00 per share. Under the Program, all 
Exchange Users \6\ are permitted to provide potential price improvement 
for Retail Orders \7\ in the form of non-displayed interest that is 
better than the national best bid that is a Protected Quotation 
(``Protected NBB'') or the national best offer that is a Protected 
Quotation (``Protected NBO'', and together with the Protected NBB, the 
``Protected NBBO'').\8\
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    \5\ See Securities Exchange Act Release No. 68303 (November 27, 
2012), 77 FR 71652 (December 3, 2012) (``RPI Approval Order'') (SR-
BYX-2012-019).
    \6\ A ``User'' is defined in BYX Rule 1.5(cc) as any member or 
sponsored participant of the Exchange who is authorized to obtain 
access to the System.
    \7\ A ``Retail Order'' is defined in Rule 11.24(a)(2) as an 
agency order that originates from a natural person and is submitted 
to the Exchange by a RMO, provided that no change is made to the 
terms of the order with respect to price or side of market and the 
order does not originate from a trading algorithm or any 
computerized methodology. See Rule 11.24(a)(2).
    \8\ The term Protected Quotation is defined in BYX Rule 1.5(t) 
and has the same meaning as is set forth in Regulation NMS Rule 
600(b)(58). The terms Protected NBB and Protected NBO are defined in 
BYX Rule 1.5(s). The Protected NBB is the best-priced protected bid 
and the Protected NBO is the best-priced protected offer. Generally, 
the Protected NBB and Protected NBO and the national best bid 
(``NBB'') and national best offer (``NBO'', together with the NBB, 
the ``NBBO'') will be the same. However, a market center is not 
required to route to the NBB or NBO if that market center is subject 
to an exception under Regulation NMS Rule 611(b)(1) or if such NBB 
or NBO is otherwise not available for an automatic execution. In 
such case, the Protected NBB or Protected NBO would be the best-
priced protected bid or offer to which a market center must route 
interest pursuant to Regulation NMS Rule 611.

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[[Page 43307]]

    The Program was approved by the Commission on a pilot basis running 
one-year from the date of implementation.\9\ The Commission approved 
the Program on November 27, 2012.\10\ The Exchange implemented the 
Program on January 11, 2013, and has extended the pilot period three 
times.\11\ The pilot period for the Program is scheduled to end on July 
31, 2016.
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    \9\ See RPI Approval Order, supra note 5 at 71652.
    \10\ Id.
    \11\ See Securities Exchange Act Release Nos. 71249 (January 7, 
2014), 79 FR 2229 (January 13, 2014) (SR-BYX-2014-001) (Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to 
Extend the Pilot Period for the Retail Price Improvement Program); 
74111 (January 22, 2015), 80 FR 4598 (January 28, 2015) (SR-BYX-
2015-05) (Notice of Filing and Immediate Effectiveness of a Proposed 
Rule Change to Extend the Pilot Period for BATS Y-Exchange, Inc.'s 
Retail Price Improvement (``RPI'') Program for 12 Months, To Expire 
on January 31, 2016); 76965 (January 22, 2016), 81 FR 4682 (January 
27, 2016) (SR-BYX-2016-01) (Notice of Filing and Immediate 
Effectiveness of a Proposed Rule Change to Rule 11.24, Retail Price 
Improvement Program, To Extend the Pilot Period).
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Proposal To Extend the Operation of the Program
    The Exchange established the RPI Program in an attempt to attract 
retail order flow to the Exchange by potentially providing price 
improvement to such order flow. The Exchange believes that the Program 
promotes competition for retail order flow by allowing Exchange members 
to submit Retail Price Improvement Orders (``RPI Orders'') \12\ to 
interact with Retail Orders. Such competition has the ability to 
promote efficiency by facilitating the price discovery process and 
generating additional investor interest in trading securities, thereby 
promoting capital formation. The Exchange believes that extending the 
pilot is appropriate because it will allow the Exchange and the 
Commission additional time to gather and analyze data regarding the 
Program that the Exchange has committed to provide.\13\ As such, the 
Exchange believes that it is appropriate to extend the current 
operation of the Program.\14\ Through this filing, the Exchange seeks 
to extend the current pilot period of the Program until July 31, 2017.
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    \12\ A ``Retail Price Improvement Order'' is defined in Rule 
11.24(a)(3) as an order that consists of non-displayed interest on 
the Exchange that is priced better than the Protected NBB or 
Protected NBO by at least $0.001 and that is identified as such. See 
Rule 11.24(a)(3).
    \13\ See RPI Approval Order, supra note 5 at 71655.
    \14\ Concurrently with this filing, the Exchange has submitted a 
request for an extension of the exemption under Regulation NMS Rule 
612 previously granted by the Commission that permits it to accept 
and rank the RPI orders in sub-penny increments. See Letter from 
Anders Franzon, SVP, Associate General Counsel, Bats BYX Exchange, 
Inc. to Brent J. Fields, Secretary, Securities and Exchange 
Commission dated June 23, 2016.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with the 
requirements of the Act and the rules and regulations thereunder that 
are applicable to a national securities exchange, and, in particular, 
with the requirements of Section 6(b) of the Act.\15\ In particular, 
the Exchange believes the proposed change furthers the objectives of 
Section 6(b)(5) of the Act,\16\ in that it is designed to prevent 
fraudulent and manipulative acts and practices, to promote just and 
equitable principles of trade, to foster cooperation and coordination 
with persons engaged in facilitating transactions in securities, and to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system. The Exchange believes that 
extending the pilot period for the RPI Program is consistent with these 
principles because the Program is reasonably designed to attract retail 
order flow to the exchange environment, while helping to ensure that 
retail investors benefit from the better price that liquidity providers 
are willing to give their orders. Additionally, as previously stated, 
the competition promoted by the Program may facilitate the price 
discovery process and potentially generate additional investor interest 
in trading securities. The extension of the pilot period will allow the 
Commission and the Exchange to continue to monitor the Program for its 
potential effects on public price discovery, and on the broader market 
structure.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change 
extends an established pilot program for 12 months, thus allowing the 
RPI Program to enhance competition for retail order flow and contribute 
to the public price discovery process.

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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any written comments from Members or other interested parties.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A) of the Act \17\ and Rule 19b-4(f)(6) \18\ thereunder. 
Because the foregoing 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 \19\ and subparagraph (f)(6) of Rule 
19b-4 thereunder.\20\
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change, along with a 
brief description and 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. The 
Exchange has satisfied this requirement.
    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6).
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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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act.\21\ If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule change should be approved or disapproved.\22\
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    \21\ 15 U.S.C. 78s(b)(3)(C).
    \22\ Id.
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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 Number SR-BatsBYX-2016-15 on the subject line.

[[Page 43308]]

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 Number SR-BatsBYX-2016-15. 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 such 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 Number SR-BatsBYX-2016-15, and should 
be submitted on or before July 22, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-15717 Filed 6-30-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    43306                             Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

                                                      17. The Adviser will prepare and                        For the Commission, by the Division of               II. Self-Regulatory Organization’s
                                                    submit to the Board for review an initial               Investment Management, under delegated                 Statement of the Purpose of, and
                                                    report describing the operations of the                 authority.                                             Statutory Basis for, the Proposed Rule
                                                    InterFund Program and the procedures                    Robert W. Errett,                                      Change
                                                    to be implemented to ensure that all                    Deputy Secretary.                                        In its filing with the Commission, the
                                                    Funds are treated fairly. After the                     [FR Doc. 2016–15584 Filed 6–30–16; 8:45 am]            Exchange included statements
                                                    commencement of the InterFund
                                                                                                            BILLING CODE 8011–01–P                                 concerning the purpose of and basis for
                                                    Program, the Adviser will report on the
                                                                                                                                                                   the proposed rule change and discussed
                                                    operations of the InterFund Program at
                                                                                                                                                                   any comments it received on the
                                                    the Board’s quarterly meetings. Each                    SECURITIES AND EXCHANGE                                proposed rule change. The text of these
                                                    Fund’s chief compliance officer, as
                                                                                                            COMMISSION                                             statements may be examined at the
                                                    defined in rule 38a–1(a)(4) under the
                                                                                                                                                                   places specified in Item IV below. The
                                                    Act, shall prepare an annual report for
                                                                                                            [Release No. 34–78180; File No. SR–                    Exchange has prepared summaries, set
                                                    the Board each year that the Fund
                                                                                                            BatsBYX–2016–15]                                       forth in Sections A, B, and C below, of
                                                    participates in the InterFund Program,
                                                                                                                                                                   the most significant parts of such
                                                    that evaluates the Fund’s compliance
                                                                                                            Self-Regulatory Organizations; Bats                    statements.
                                                    with the terms and conditions of the
                                                    application and the procedures                          BYX Exchange, Inc.; Notice of Filing                   A. Self-Regulatory Organization’s
                                                    established to achieve such compliance.                 and Immediate Effectiveness of a                       Statement of the Purpose of, and
                                                    Each Fund’s chief compliance officer                    Proposed Rule Change to Rule 11.24,                    Statutory Basis for, the Proposed Rule
                                                    will also annually file a certification                 Retail Price Improvement Program, To                   Change
                                                    pursuant to Item 77Q3 of Form N–SAR                     Extend the Pilot Period
                                                                                                                                                                   1. Purpose
                                                    as such Form may be revised, amended                    June 28, 2016.
                                                    or superseded from time to time, for                                                                              In November 2012, the Commission
                                                    each year that the Fund participates in                    Pursuant to Section 19(b)(1) of the                 approved the RPI Program on a pilot
                                                    the InterFund Program, that certifies                   Securities Exchange Act of 1934 (the                   basis.5 The Program is designed to
                                                    that the Fund and its Adviser have                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 attract retail order flow to the Exchange,
                                                    implemented procedures reasonably                       notice is hereby given that on June 23,                and allows such order flow to receive
                                                    designed to achieve compliance with                     2016, Bats BYX Exchange, Inc. (the                     potential price improvement. The
                                                    the terms and conditions of the order. In               ‘‘Exchange’’ or ‘‘BYX’’) filed with the                Program is currently limited to trades
                                                    particular, such certification will                     Securities and Exchange Commission                     occurring at prices equal to or greater
                                                    address procedures designed to achieve                  (‘‘Commission’’) the proposed rule                     than $1.00 per share. Under the
                                                    the following objectives:                               change as described in Items I and II                  Program, all Exchange Users 6 are
                                                      (a) That the InterFund Loan Rate will                 below, which Items have been prepared                  permitted to provide potential price
                                                    be higher than the Repo Rate but lower                  by the Exchange. The Exchange has                      improvement for Retail Orders 7 in the
                                                    than the Bank Loan Rate;                                designated this proposal as a ‘‘non-                   form of non-displayed interest that is
                                                      (b) compliance with the collateral                    controversial’’ proposed rule change                   better than the national best bid that is
                                                    requirements as set forth in the                        pursuant to Section 19(b)(3)(A) of the                 a Protected Quotation (‘‘Protected
                                                    application;                                            Act 3 and Rule 19b–4(f)(6)(iii)                        NBB’’) or the national best offer that is
                                                      (c) compliance with the percentage                                                                           a Protected Quotation (‘‘Protected
                                                                                                            thereunder,4 which renders it effective
                                                    limitations on interfund borrowing and                                                                         NBO’’, and together with the Protected
                                                                                                            upon filing with the Commission. The
                                                    lending;                                                                                                       NBB, the ‘‘Protected NBBO’’).8
                                                                                                            Commission is publishing this notice to
                                                      (d) allocation of interfund borrowing
                                                                                                            solicit comments on the proposed rule                     5 See Securities Exchange Act Release No. 68303
                                                    and lending demand in an equitable
                                                                                                            change from interested persons.                        (November 27, 2012), 77 FR 71652 (December 3,
                                                    manner and in accordance with                                                                                  2012) (‘‘RPI Approval Order’’) (SR–BYX–2012–019).
                                                    procedures established by the Board;                    I. Self-Regulatory Organization’s                         6 A ‘‘User’’ is defined in BYX Rule 1.5(cc) as any
                                                    and                                                     Statement of the Terms of the Substance                member or sponsored participant of the Exchange
                                                      (e) that the InterFund Loan Rate does                 of the Proposed Rule Change                            who is authorized to obtain access to the System.
                                                                                                                                                                      7 A ‘‘Retail Order’’ is defined in Rule 11.24(a)(2)
                                                    not exceed the interest rate on any third
                                                                                                               The Exchange filed a proposal to                    as an agency order that originates from a natural
                                                    party borrowings of a borrowing Fund at                                                                        person and is submitted to the Exchange by a RMO,
                                                    the time of the InterFund Loan.                         extend the pilot period for the                        provided that no change is made to the terms of the
                                                      Additionally, each Fund’s                             Exchange’s Retail Price Improvement                    order with respect to price or side of market and
                                                    independent public accountants, in                      (‘‘RPI’’) Program (the ‘‘Program’’), which             the order does not originate from a trading
                                                                                                                                                                   algorithm or any computerized methodology. See
                                                    connection with their audit examination                 is currently set to expire on July 31,                 Rule 11.24(a)(2).
                                                    of the Fund, will review the operation                  2016, for 12 months, to expire on July                    8 The term Protected Quotation is defined in BYX

                                                    of the InterFund Program for                            31, 2017.                                              Rule 1.5(t) and has the same meaning as is set forth
                                                    compliance with the conditions of the                                                                          in Regulation NMS Rule 600(b)(58). The terms
                                                                                                               The text of the proposed rule change                Protected NBB and Protected NBO are defined in
                                                    application and their review will form                  is available at the Exchange’s Web site                BYX Rule 1.5(s). The Protected NBB is the best-
                                                    the basis, in part, of the auditor’s report                                                                    priced protected bid and the Protected NBO is the
                                                                                                            at www.batstrading.com, at the
                                                    on internal accounting controls in Form
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                   best-priced protected offer. Generally, the Protected
                                                                                                            principal office of the Exchange, and at               NBB and Protected NBO and the national best bid
                                                    N–SAR.
                                                                                                            the Commission’s Public Reference                      (‘‘NBB’’) and national best offer (‘‘NBO’’, together
                                                      18. No Fund will participate in the                                                                          with the NBB, the ‘‘NBBO’’) will be the same.
                                                    InterFund Program, upon receipt of                      Room.
                                                                                                                                                                   However, a market center is not required to route
                                                    requisite regulatory approval, unless it                                                                       to the NBB or NBO if that market center is subject
                                                    has fully disclosed in its prospectus                     1 15 U.S.C. 78s(b)(1).                               to an exception under Regulation NMS Rule
                                                                                                                                                                   611(b)(1) or if such NBB or NBO is otherwise not
                                                    and/or statement of additional                            2 17 CFR 240.19b–4.
                                                                                                                                                                   available for an automatic execution. In such case,
                                                    information all material facts about its                  3 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                                   the Protected NBB or Protected NBO would be the
                                                    intended participation.                                   4 17 CFR 240.19b–4(f)(6)(iii).                       best-priced protected bid or offer to which a market



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                                                                                      Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices                                                        43307

                                                      The Program was approved by the                       Exchange seeks to extend the current                     this proposed rule change. The
                                                    Commission on a pilot basis running                     pilot period of the Program until July                   Exchange has not received any written
                                                    one-year from the date of                               31, 2017.                                                comments from Members or other
                                                    implementation.9 The Commission                                                                                  interested parties.
                                                                                                            2. Statutory Basis
                                                    approved the Program on November 27,
                                                                                                               The Exchange believes that its                        III. Date of Effectiveness of the
                                                    2012.10 The Exchange implemented the
                                                    Program on January 11, 2013, and has                    proposal is consistent with the                          Proposed Rule Change and Timing for
                                                    extended the pilot period three times.11                requirements of the Act and the rules                    Commission Action
                                                    The pilot period for the Program is                     and regulations thereunder that are                         The Exchange has filed the proposed
                                                    scheduled to end on July 31, 2016.                      applicable to a national securities                      rule change pursuant to Section
                                                                                                            exchange, and, in particular, with the                   19(b)(3)(A) of the Act 17 and Rule 19b–
                                                    Proposal To Extend the Operation of the                 requirements of Section 6(b) of the
                                                    Program                                                                                                          4(f)(6) 18 thereunder. Because the
                                                                                                            Act.15 In particular, the Exchange                       foregoing proposed rule change does
                                                       The Exchange established the RPI                     believes the proposed change furthers                    not: (i) Significantly affect the
                                                    Program in an attempt to attract retail                 the objectives of Section 6(b)(5) of the                 protection of investors or the public
                                                    order flow to the Exchange by                           Act,16 in that it is designed to prevent                 interest; (ii) impose any significant
                                                    potentially providing price                             fraudulent and manipulative acts and                     burden on competition; and (iii) become
                                                    improvement to such order flow. The                     practices, to promote just and equitable                 operative for 30 days from the date on
                                                    Exchange believes that the Program                      principles of trade, to foster cooperation               which it was filed, or such shorter time
                                                    promotes competition for retail order                   and coordination with persons engaged                    as the Commission may designate, it has
                                                    flow by allowing Exchange members to                    in facilitating transactions in securities,              become effective pursuant to Section
                                                    submit Retail Price Improvement Orders                  and to remove impediments to and                         19(b)(3)(A) of the Act 19 and
                                                    (‘‘RPI Orders’’) 12 to interact with Retail             perfect the mechanism of a free and                      subparagraph (f)(6) of Rule 19b–4
                                                    Orders. Such competition has the ability                open market and a national market                        thereunder.20
                                                    to promote efficiency by facilitating the               system. The Exchange believes that                          At any time within 60 days of the
                                                    price discovery process and generating                  extending the pilot period for the RPI                   filing of the proposed rule change, the
                                                    additional investor interest in trading                 Program is consistent with these                         Commission summarily may
                                                    securities, thereby promoting capital                   principles because the Program is                        temporarily suspend such rule change if
                                                    formation. The Exchange believes that                   reasonably designed to attract retail                    it appears to the Commission that such
                                                    extending the pilot is appropriate                      order flow to the exchange environment,                  action is: (i) Necessary or appropriate in
                                                    because it will allow the Exchange and                  while helping to ensure that retail                      the public interest; (ii) for the protection
                                                    the Commission additional time to                       investors benefit from the better price                  of investors; or (iii) otherwise in
                                                    gather and analyze data regarding the                   that liquidity providers are willing to                  furtherance of the purposes of the Act.21
                                                    Program that the Exchange has                           give their orders. Additionally, as                      If the Commission takes such action, the
                                                    committed to provide.13 As such, the                    previously stated, the competition                       Commission shall institute proceedings
                                                    Exchange believes that it is appropriate                promoted by the Program may facilitate                   to determine whether the proposed rule
                                                    to extend the current operation of the                  the price discovery process and                          change should be approved or
                                                    Program.14 Through this filing, the                     potentially generate additional investor                 disapproved.22
                                                                                                            interest in trading securities. The
                                                    center must route interest pursuant to Regulation       extension of the pilot period will allow                 IV. Solicitation of Comments
                                                    NMS Rule 611.
                                                       9 See RPI Approval Order, supra note 5 at 71652.
                                                                                                            the Commission and the Exchange to                         Interested persons are invited to
                                                       10 Id.
                                                                                                            continue to monitor the Program for its                  submit written data, views, and
                                                       11 See Securities Exchange Act Release Nos.          potential effects on public price                        arguments concerning the foregoing,
                                                    71249 (January 7, 2014), 79 FR 2229 (January 13,        discovery, and on the broader market                     including whether the proposed rule
                                                    2014) (SR–BYX–2014–001) (Notice of Filing and           structure.                                               change is consistent with the Act.
                                                    Immediate Effectiveness of a Proposed Rule Change
                                                    to Extend the Pilot Period for the Retail Price         B. Self-Regulatory Organization’s                        Comments may be submitted by any of
                                                    Improvement Program); 74111 (January 22, 2015),         Statement on Burden on Competition                       the following methods:
                                                    80 FR 4598 (January 28, 2015) (SR–BYX–2015–05)
                                                    (Notice of Filing and Immediate Effectiveness of a         The Exchange does not believe that                    Electronic Comments
                                                    Proposed Rule Change to Extend the Pilot Period for     the proposed rule change will impose
                                                    BATS Y-Exchange, Inc.’s Retail Price Improvement        any burden on competition that is not                      • Use the Commission’s Internet
                                                    (‘‘RPI’’) Program for 12 Months, To Expire on
                                                                                                            necessary or appropriate in furtherance                  comment form (http://www.sec.gov/
                                                    January 31, 2016); 76965 (January 22, 2016), 81 FR                                                               rules/sro.shtml); or
                                                    4682 (January 27, 2016) (SR–BYX–2016–01) (Notice        of the purposes of the Act. The
                                                    of Filing and Immediate Effectiveness of a Proposed     proposed rule change extends an                            • Send an email to rule-comments@
                                                    Rule Change to Rule 11.24, Retail Price                 established pilot program for 12 months,                 sec.gov. Please include File Number SR–
                                                    Improvement Program, To Extend the Pilot Period).
                                                                                                            thus allowing the RPI Program to                         BatsBYX–2016–15 on the subject line.
                                                       12 A ‘‘Retail Price Improvement Order’’ is defined

                                                    in Rule 11.24(a)(3) as an order that consists of non-   enhance competition for retail order
                                                                                                                                                                       17 15   U.S.C. 78s(b)(3)(A).
                                                    displayed interest on the Exchange that is priced       flow and contribute to the public price
                                                                                                                                                                       18 17   CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                    better than the Protected NBB or Protected NBO by       discovery process.
                                                    at least $0.001 and that is identified as such. See                                                              4(f)(6)(iii) requires the Exchange to give the
                                                    Rule 11.24(a)(3).                                       C. Self-Regulatory Organization’s                        Commission written notice of the Exchange’s intent
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                     to file the proposed rule change, along with a brief
                                                       13 See RPI Approval Order, supra note 5 at 71655.
                                                                                                            Statement on Comments on the                             description and text of the proposed rule change,
                                                       14 Concurrently with this filing, the Exchange has
                                                                                                            Proposed Rule Change Received from                       at least five business days prior to the date of filing
                                                    submitted a request for an extension of the
                                                    exemption under Regulation NMS Rule 612
                                                                                                            Members, Participants, or Others                         of the proposed rule change, or such shorter time
                                                                                                                                                                     as designated by the Commission. The Exchange
                                                    previously granted by the Commission that permits         The Exchange has not solicited, and                    has satisfied this requirement.
                                                    it to accept and rank the RPI orders in sub-penny
                                                    increments. See Letter from Anders Franzon, SVP,
                                                                                                            does not intend to solicit, comments on                     19 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                                        20 17 CFR 240.19b–4(f)(6).
                                                    Associate General Counsel, Bats BYX Exchange,
                                                                                                              15 15   U.S.C. 78f(b).                                    21 15 U.S.C. 78s(b)(3)(C).
                                                    Inc. to Brent J. Fields, Secretary, Securities and
                                                    Exchange Commission dated June 23, 2016.                  16 15   U.S.C. 78f(b)(5).                                 22 Id.




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                                                    43308                               Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

                                                    Paper Comments                                            SECURITIES AND EXCHANGE                                 II. Self-Regulatory Organization’s
                                                                                                              COMMISSION                                              Statement of the Purpose of, and
                                                      • Send paper comments in triplicate                                                                             Statutory Basis for, the Proposed Rule
                                                    to Secretary, Securities and Exchange                                                                             Change
                                                                                                              [Release No. 34–78177; File No. SR–CBOE–
                                                    Commission, 100 F Street NE.,
                                                                                                              2016–049]                                                 In its filing with the Commission, the
                                                    Washington, DC 20549–1090.
                                                                                                                                                                      Exchange included statements
                                                    All submissions should refer to File                      Self-Regulatory Organizations;
                                                                                                                                                                      concerning the purpose of and basis for
                                                    Number SR–BatsBYX–2016–15. This                           Chicago Board Options Exchange,
                                                                                                                                                                      the proposed rule change and discussed
                                                    file number should be included on the                     Incorporated; Notice of Filing of a
                                                                                                                                                                      any comments it received on the
                                                    subject line if email is used. To help the                Proposed Rule Change To List Options
                                                                                                                                                                      proposed rule change. The text of these
                                                    Commission process and review your                        That Overlie the FTSE Developed                         statements may be examined at the
                                                    comments more efficiently, please use                     Europe Index and the FTSE Emerging                      places specified in Item IV below. The
                                                    only one method. The Commission will                      Index, To Raise the Comprehensive                       Exchange has prepared summaries, set
                                                    post all comments on the Commission’s                     Surveillance Agreement Percentage                       forth in sections A, B, and C below, of
                                                    Internet Web site (http://www.sec.gov/                    Applicable to Certain Index Options,                    the most significant aspects of such
                                                    rules/sro.shtml). Copies of the                           and To Amend the Maintenance Listing                    statements.
                                                    submission, all subsequent                                Criteria Applicable to Certain Index
                                                    amendments, all written statements                        Options                                                 A. Self-Regulatory Organization’s
                                                    with respect to the proposed rule                                                                                 Statement of the Purpose of, and
                                                                                                              June 28, 2016.                                          Statutory Basis for, the Proposed Rule
                                                    change that are filed with the
                                                                                                                 Pursuant to Section 19(b)(1) of the                  Change
                                                    Commission, and all written
                                                    communications relating to the                            Securities Exchange Act of 1934 (the                    1. Purpose
                                                    proposed rule change between the                          ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    Commission and any person, other than                     notice is hereby given that on June 15,                    The purpose of this proposed rule
                                                    those that may be withheld from the                       2016, Chicago Board Options Exchange,                   change is to permit the Exchange to list
                                                    public in accordance with the                             Incorporated (‘‘Exchange’’ or ‘‘CBOE’’)                 and trade FTSE Developed options and
                                                    provisions of 5 U.S.C. 552, will be                       filed with the Securities and Exchange                  FTSE Emerging options, amend Rule
                                                    available for Web site viewing and                        Commission (‘‘Commission’’) the                         24.2.01(a)(7) to raise the comprehensive
                                                    printing in the Commission’s Public                       proposed rule change as described in                    surveillance agreement (‘‘CSA’’)
                                                                                                              Items I, II, and III below, which Items                 percentage applicable to EAFE options
                                                    Reference Room, 100 F Street NE.,
                                                                                                              have been prepared by the Exchange.                     and EM options,3 and amend Rules
                                                    Washington, DC 20549 on official
                                                                                                              The Commission is publishing this                       24.2.01(b)(1), 24.2.02(b)(1), and
                                                    business days between the hours of
                                                                                                              notice to solicit comments on the                       24.2.03(b)(1) to modify the maintenance
                                                    10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                              proposed rule change from interested                    listing criteria applicable to EAFE
                                                    filing also will be available for                                                                                 options, EM options, FTSE 100
                                                    inspection and copying at the principal                   persons.
                                                                                                                                                                      options,4 and FTSE China 50 options.5
                                                    office of the Exchange. All comments                      I. Self-Regulatory Organization’s                       FTSE Developed and FTSE Emerging
                                                    received will be posted without change;                   Statement of the Terms of Substance of                  options would be P.M., cash-settled
                                                    the Commission does not edit personal                     the Proposed Rule Change                                contracts with European-style exercise.
                                                    identifying information from
                                                    submissions. You should submit only                          The Exchanges seeks to list and trade                FTSE Developed Europe Index Design,
                                                    information that you wish to make                         options that overlie the FTSE Developed                 Methodology and Dissemination
                                                    available publicly. All submissions                       Europe Index and the FTSE Emerging
                                                                                                              Index (‘‘FTSE Developed options’’ and                     The FTSE Developed Europe Index is
                                                    should refer to File Number SR–                                                                                   a weighted index representing the
                                                    BatsBYX–2016–15, and should be                            ‘‘FTSE Emerging options’’), raise the
                                                                                                              comprehensive surveillance agreement                    performance of large- and mid-cap
                                                    submitted on or before July 22, 2016.                                                                             companies in Developed European
                                                                                                              percentage applicable to options that
                                                      For the Commission, by the Division of                  overlie the MSCI EAFE Index and the                     markets. The index is comprised of over
                                                    Trading and Markets, pursuant to delegated                MSCI Emerging Markets Index (‘‘EAFE                     500 securities from the following 15
                                                    authority.23                                              options’’ and ‘‘EM options’’), and amend                countries: Austria, Belgium &
                                                    Robert W. Errett,                                         the maintenance listing criteria                        Luxembourg, Denmark, Finland, France,
                                                    Deputy Secretary.                                         applicable to EAFE options, EM options,                 Germany, Ireland, Italy, Netherlands,
                                                    [FR Doc. 2016–15717 Filed 6–30–16; 8:45 am]               FTSE 100 Index options (‘‘FTSE 100
                                                                                                                                                                         3 The Securities and Exchange Commission (the
                                                    BILLING CODE 8011–01–P                                    options’’), and FTSE China 50 Index
                                                                                                                                                                      ‘‘Commission) approved CBOE’s proposal to list
                                                                                                              options (‘‘FTSE China 50 options’’). The                and trade EAFE and EM options on April 8, 2015.
                                                                                                              text of the proposed rule change is                     See Securities Exchange Act Release No. 74681
                                                                                                              provided in Exhibit 5.                                  (April 8, 2015), 80 FR 20032 (April 14, 2015)
                                                                                                                                                                      (approving SR–CBOE–2015–023).
                                                                                                                 The text of the proposed rule change                    4 The Securities and Exchange Commission (the

                                                                                                              is available on the Exchange’s Web site                 ‘‘Commission) approved CBOE’s proposal to list
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                                                                                                              (http://www.cboe.com/AboutCBOE/                         and trade FTSE 100 options on December 11, 2015.
                                                                                                                                                                      See Securities Exchange Act Release No. 76626
                                                                                                              CBOELegalRegulatoryHome.aspx), at                       (December 11, 2015), 80 FR 78794 (December 17,
                                                                                                              the Exchange’s Office of the Secretary,                 2015) (approving SR–CBOE–2015–100).
                                                                                                              and at the Commission’s Public                             5 The Securities and Exchange Commission (the

                                                                                                              Reference Room.                                         ‘‘Commission) approved CBOE’s proposal to list
                                                                                                                                                                      and trade FTSE China 50 options on December 17,
                                                                                                                                                                      2015. See Securities Exchange Act Release No.
                                                                                                                1 15   U.S.C. 78s(b)(1).                              76676 (December 17, 2015), 80 FR 79963 (December
                                                      23 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                 23, 2015) (approving SR–CBOE–2015–099).



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Document Created: 2016-07-14 11:37:49
Document Modified: 2016-07-14 11:37:49
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 43306 

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