81_FR_63687 81 FR 63508 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.27(b) Regarding the Data Collection Requirements of the Regulation NMS Plan To Implement a Tick Size Pilot Program

81 FR 63508 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.27(b) Regarding the Data Collection Requirements of the Regulation NMS Plan To Implement a Tick Size Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 179 (September 15, 2016)

Page Range63508-63511
FR Document2016-22145

Federal Register, Volume 81 Issue 179 (Thursday, September 15, 2016)
[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Notices]
[Pages 63508-63511]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22145]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78795; File No. SR-BatsBYX-2016-25]


Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Rule 11.27(b) Regarding the Data Collection Requirements of the 
Regulation NMS Plan To Implement a Tick Size Pilot Program

September 9, 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 August 26, 2016, Bats BYX Exchange, Inc. (``Exchange'' or 
``BYX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend Exchange Rule 11.27(b) 
regarding the data collection requirements of the Regulation NMS Plan 
to Implement a Tick Size Pilot Program (``Plan'').\5\
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    \5\ See Securities Exchange Act Release No. 74892 (May 6, 2015), 
80 FR 27513 (May 13, 2015) (``Approval Order'').
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
Sections A, B, and C below, of the most significant parts of such 
statements.

(A) Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On August 25, 2014, the Exchange, and several other self-regulatory 
organizations (the ``Participants'') filed with the Commission, 
pursuant to Section 11A of the Act \6\ and Rule 608 of Regulation NMS 
thereunder,\7\ the Plan to Implement a Tick Size Pilot Program (the 
``Plan'').\8\ The Participants filed the Plan to comply with an order 
issued by the Commission on June 24, 2014.\9\ The Plan was published 
for comment in the Federal Register on November 7, 2014, and approved 
by the Commission, as modified, on May 6, 2015.\10\
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    \6\ 15 U.S.C. 78k-1.
    \7\ 17 CFR 242.608.
    \8\ See Letter from Brendon J. Weiss, Vice President, 
Intercontinental Exchange, Inc., to Secretary, Commission, dated 
August 25, 2014.
    \9\ See Securities Exchange Act Release No 72460 (June 24, 
2014), 79 FR 36840 (June 30, 2014).
    \10\ See Securities Exchange Act Release No. 74892 (May 6, 
2015), 80 FR 27513 (May 13, 2015) (``Approval Order'').
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    The Plan is designed to allow the Commission, market participants, 
and the public to study and assess the

[[Page 63509]]

impact of increment conventions on the liquidity and trading of the 
common stock of small-capitalization companies. Each Participant is 
required to comply, and to enforce compliance by its member 
organizations, as applicable, with the provisions of the Plan.
    The Plan provides for the creation of a group of Pilot Securities, 
which shall be placed in a control group and three separate test 
groups, with each subject to varying quoting and trading increments. 
Pilot Securities in the control group will be quoted at the current 
tick size increment of $0.01 per share and will trade at the currently 
permitted increments. Pilot Securities in the first test group will be 
quoted in $0.05 minimum increments but will continue to trade at any 
price increment that is currently permitted.\11\ Pilot Securities in 
the second test group (``Test Group Two'') will be quoted in $0.05 
minimum increments and will trade at $0.05 minimum increments subject 
to a midpoint exception, a retail investor order exception, and a 
negotiated trade exception.\12\ Pilot Securities in the third test 
group (``Test Group Three'') will be subject to the same quoting and 
trading increments as Test Group Two, and also will be subject to the 
``Trade-at'' requirement to prevent price matching by a market 
participant that is not displaying at the price of a Trading Center's 
``Best Protected Bid'' or ``Best Protected Offer,'' unless an 
enumerated exception applies.\13\ In addition to the exceptions 
provided under Test Group Two, an exception for Block Size orders and 
exceptions that mirror those under Rule 611 of Regulation NMS\14\ will 
apply to the Trade-at requirement.
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    \11\ See Section VI(B) of the Plan.
    \12\ See Section VI(C) of the Plan.
    \13\ See Section VI(D) of the Plan.
    \14\ 17 CFR 242.611.
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    The Plan also requires a Trading Center\15\ or a Market Maker\16\ 
to collect and transmit certain data to its designated examining 
authority (``DEA''), and requires DEAs to transmit this data to the 
Commission. Participants that operate a Trading Center also are 
required under the Plan to collect certain data, which is then 
transmitted directly to the Commission. With respect to Trading 
Centers, Appendix B.I to the Plan (Market Quality Statistics) requires 
a Trading Center to submit to the Participant that is its DEA a variety 
of market quality statistics. Appendix B.II to the Plan (Market and 
Marketable Limit Order Data) requires a Trading Center to submit 
information to its DEA relating to market orders and marketable limit 
orders, including the time of order receipt, order type, the order 
size, and the National Best Bid and National Best Offer quoted price.
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    \15\ The Plan incorporates the definition of a ``Trading 
Center'' from Rule 600(b)(78) of Regulation NMS. Regulation NMS 
defines a ``Trading Center'' as ``a national securities exchange or 
national securities association that operates an SRO trading 
facility, an alternative trading system, an exchange market maker, 
an OTC market maker, or any other broker or dealer that executes 
orders internally by trading as principal or crossing orders as 
agent.'' See 17 CFR 242.600(b).
    \16\ The Plan defines a Market Maker as ``a dealer registered 
with any self-regulatory organization, in accordance with the rules 
thereof, as (i) a market maker or (ii) a liquidity provider with an 
obligation to maintain continuous, two-sided trading interest.''
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    With respect to Market Makers, Appendix B.III requires a 
Participant that is a national securities exchange to collect daily 
Market Maker Registration statistics. Appendix B.IV requires a 
Participant to collect data related to Market Maker participation with 
respect to each Market Maker engaging in trading activity on a Trading 
Center operated by the Participant. Appendix C.I requires a Participant 
to collect data related to Market Maker profitability from each Market 
Maker for which it is the DEA. Appendix C.II requires the Participant, 
as DEA, to aggregate the Appendix C.I data, and to transmit this data 
to the Commission.
    The Commission approved the Pilot on a two-year basis, with 
implementation to begin no later than May 6, 2016.\17\ On November 6, 
2015, the SEC exempted the Participants from implementing the pilot 
until October 3, 2016.\18\ As set forth in Appendices B and C to the 
Plan, data that is reported pursuant to the appendices shall be 
provided for dates starting six months prior to the Pilot Period 
through six months after the end of the Pilot Period. Under the revised 
Pilot implementation date, the Pre-Pilot data collection period 
commenced on April 4, 2016.
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    \17\ See Approval Order at 27533 and 27545.
    \18\ See Securities Exchange Act Release No. 76382 (November 6, 
2015), 80 FR 70284 (November 13, 2015) (File No. 4-657).
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    On March 16, 2016, the Exchange filed with the Commission a 
proposed rule change to adopt Exchange Rule 11.27(b) to implement the 
data collection requirements of the Plan.\19\ On December 9, 2015, 
FINRA, on behalf of the Plan Participants, submitted an exemptive 
request to the Commission, seeking an exemption from certain data 
collection and reporting requirements set forth in the Plan.\20\
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    \19\ See Securities Exchange Act Release No. 77418 (March 22, 
2016), 81 FR 17213 (March 28, 2016) (Notice of Filing and Immediate 
Effectiveness of File No. SR-BatsBYX-2016-01).
     The Exchange also submitted a proposed rule change to implement 
the quoting and trading requirements of the Plan. See Securities 
Exchange Act Release No. 77793 (May 10, 2016), 81 FR 30366 (May 16, 
2016) (Notice of Filing and Immediate Effectiveness of File No. SR-
BatsBYX-2016-07).
    \20\ See letter from Marcia E. Asquith, Senior Vice President 
and Corporate Secretary, FINRA dated December 9, 2015 to Robert W. 
Errett, Deputy Secretary, Commission (``Exemption Request''). The 
Commission, pursuant to its authority under Rule 608(e) of 
Regulation NMS, granted the Exchange a limited exemption from the 
requirement to comply with certain provisions of the Plan as 
specified in the letter and noted herein. See letter from David 
Shillman, Associate Director, Division of Trading and Markets, 
Commission to Eric Swanson, General Counsel, the Exchange, dated 
March 22, 2016 (``Exemption Letter'').
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    The Exchange now proposes to further amend Rule 11.27(b) to modify 
additional data collection and reporting requirements.\21\ First, 
Appendix B.I.a(21) through B.I.a(27) currently requires that Trading 
Centers report the cumulative number of shares of cancelled orders 
during a specified duration of time after receipt of the order that was 
cancelled. The Exchange and the other Participants believe that, for 
purposes of reporting cancelled orders, it is appropriate to categorize 
unexecuted Immediate or Cancel orders separately as one bucket 
irrespective of the duration of time after order receipt, i.e., without 
a time increment, to better differentiate orders cancelled subsequent 
to entry from those where the customer's intent prior to order entry 
was to cancel the order if no execution could be immediately obtained. 
The Exchange, therefore, proposes to modify Supplementary Material .04 
[sic] to provide that unexecuted Immediate or Cancel orders shall be 
categorized separately for purposes of Appendix B.I.a(21) through 
B.I.a(27).
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    \21\ The Exchange notes that, in connection with this proposed 
rule change, FINRA, on behalf of the Plan Participants, intends to 
file an exemptive request seeking relief from certain of the Plan's 
data collection requirements.
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    The second change relates to the reporting of daily market quality 
statistics pursuant to Appendix B.I. Currently, Appendix B.I sets forth 
categories of orders, including market orders, marketable limit orders, 
and inside-the-quote resting limit orders, for which daily market 
quality statistics must be reported. The Exchange and the other 
Participants have determined that it is appropriate to include an order 
type for limit orders priced more than $0.10 away from the NBBO for 
purposes of Appendix B reporting. The Exchange therefore proposes to 
amend Supplementary Material [sic].06 to provide that limit orders 
priced more than $0.10 away from the NBBO shall be included as an order 
type for purposes of Appendix B reporting, and shall be assigned the 
number (22). These orders

[[Page 63510]]

are not currently required to be reported pursuant to Appendix B, and 
The Exchange and the other Participants believe that requiring the 
reporting of such orders will produce a more comprehensive data set.
    The third change relates to the reporting of market quality 
statistics pursuant to Appendix B.I for a variety of order types, 
including inside-the-quote resting limit orders (12), at-the-quote 
resting limit orders (13), and near-the-quote resting limit orders 
(within $0.10 of the NBBO) (14). The Exchange and the other 
Participants believe that it is appropriate to require Trading Centers 
to report all orders that fall within these categories, and not just 
those orders that are ``resting.'' The Exchange, therefore, proposes to 
amend Supplementary Material .06 [sic] to make this change.
    In the fourth change, the Exchange proposes to add new 
Supplementary Material [sic].09 to modify the manner in which market 
maker participation statistics are calculated. Currently, Appendix B.IV 
provides that market maker participation statistics shall be calculated 
based on share participation, trade participation, cross-quote share 
(trade) participation, inside-the-quote share (trade) participation, 
at-the-quote share (trade) participation, and outside-the-quote share 
(trade) participation. The Exchange and the other Participants have 
determined that it is appropriate to add the count of the number of 
Market Makers used in the calculation of share (trade) participation to 
each category. The Exchange is therefore proposing this change as part 
of Supplementary Material [sic].09. In addition, Appendix B.IV(b) and 
(c) currently require that, when aggregating across Market Makers, 
share participation and trade participation shall be calculated using 
the share-weighted average and trade-weighted average, respectively. 
The Exchange and the other Participants believe that it is more 
appropriate to calculate share and trade participation by providing the 
total count of shares or trades, as applicable, rather than weighted 
averages, and the Exchange is therefore proposing this change as part 
of Supplementary Material [sic].09.
    The fifth change relates to the NBBO that a Trading Center is 
required to use when performing certain quote-related calculations. 
When calculating cross-quote share (trade) participation pursuant to 
Appendix B.IV(d) and inside-the-quote share (trade) participation 
pursuant to Appendix B.IV(e), the Plan requires the Trading Center to 
utilize the NBBO at the time of the trade for both share and trade 
participation calculations. When calculating at-the-quote share (trade) 
participation and outside-the-quote share (trade) participation 
pursuant to Appendix B.IV(f) and (g), the Plan allows the Trading 
Center to utilize the National Best Bid or National Best Offer (NBBO) 
at the time of or immediately before the trade for both share and trade 
participation calculations. The Exchange and the other Participants 
believe that it is appropriate to calculate all quote participation 
(cross-quote share (trade) participation, inside-the-quote share 
(trade) participation, at-the-quote share (trade) participation and 
outside-the-quote share (trade) participation) solely by reference to 
the NBBO in effect immediately prior to the trade. The Exchange 
therefore proposes to make this change as part of Supplementary 
Material [sic].09.
    Finally, the Exchange proposes to change the end date until which 
the Pre-Pilot Data Collection Securities shall be used to fulfill the 
Plan's data collection requirements. Currently, Supplementary Material 
[sic.10 provides that Pre-Pilot Data Collection Securities are the 
securities designated by the Participants for purposes of the data 
collection requirements described in Items I, II and IV of Appendix B 
and Item I of Appendix C to the Plan for the period beginning six 
months prior to the Pilot Period and ending on the trading day 
immediately preceding the Pilot Period. The Exchange and the other 
Participants believe that it is appropriate to use the Pilot Securities 
to satisfy the Plan's data collection requirements prior to the 
commencement of the Pilot. According, the Exchange is revising 
Supplementary Material [sic].10 (which will be re-numbered as 
Supplementary Material [sic].11) to provide that the Pre-Pilot Data 
Collection Securities shall be used to satisfy the Plan's data 
collection requirements through thirty-one days prior to the Pilot 
Period, after which time the Pilot Securities shall be used for 
purposes of the data collection requirements.\22\
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    \22\ After regular trading hours on September 2, 2016, the 
national securities exchanges will establish which securities will 
be included as Pilot Securities for purposes of the Plan. The 
Exchange and the other Participants have determined that members 
should use the Pilot Securities list for data collection purposes 
once it becomes available. Thus, the proposed rule change requires 
that, beginning thirty days prior to the first day of the Pilot 
Period--i.e., September 3, 2016--the Exchange and the Exchange 
members will comply with the data collection obligations of the Plan 
by collecting data on the Pilot Securities. As a result, beginning 
on September 3, 2016, members must migrate from using the Exchange's 
published Pre-Pilot Data Collection Security list and begin using 
the Pilot Securities list. September 2, 2016 will be the last day 
that members use the Pre-Pilot Data Collection Security list.
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    As noted in Item 2 of this filing, the Exchange has filed the 
proposed rule change for immediate effectiveness. The Exchange has 
requested that the SEC waive the 30-day operative period so that the 
proposed rule change can become operative on August 30, 2016.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \23\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \24\ 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.
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    \23\ 15 U.S.C. 78f(b).
    \24\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that this proposal is consistent with the Act 
because it implements and clarifies the provisions of the Plan, and is 
designed to assist the Exchange in meeting its regulatory obligations 
pursuant of the Plan. In approving the Plan, the SEC noted that the 
Pilot was an appropriate, data-driven test that was designed to 
evaluate the impact of a wider tick size on trading, liquidity, and the 
market quality of securities of smaller capitalization companies, and 
was therefore in furtherance of the purposes of the Act. The Exchange 
believes that this proposal is in furtherance of the objectives of the 
Plan, as identified by the SEC, and is therefore consistent with the 
Act because the proposal implements and clarifies the requirements of 
the Plan and applies specific obligations to Members in furtherance of 
compliance with the Plan.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange notes that the proposed rule change implements the 
provisions of the Plan, and is designed to assist the Exchange in 
meeting its regulatory obligations pursuant to the Plan. The Exchange 
also notes that, other than the change to require use of the Pilot 
Securities beginning thirty days prior to the beginning of the Pilot 
Period, the proposed changes will not affect the data collection and 
reporting requirements for members that operate Trading Centers; the 
proposed changes will only affect how the Exchange and Participants 
that operate Trading Centers collect and report data. The

[[Page 63511]]

Exchange notes that, with respect to the change to require the use of 
the Pilot Securities beginning thirty days prior to the start of the 
Pilot Period, the proposed change reduces the number of securities on 
which affected members otherwise would have been required to collect 
data pursuant to the Plan and Exchange Rule 11.27(b). In addition, the 
proposed rule change applies equally to all similarly situated members. 
Therefore, the Exchange does not believe that the proposed rule change 
will result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \25\ and Rule 19b-4(f)(6) \26\ thereunder 
because the proposal does not: (i) Significantly affect the protection 
of investors or the public interest; (ii) impose any significant burden 
on competition; and (iii) by its terms, become operative for 30 days 
from the date on which it was filed, or such shorter time as the 
Commission may designate if consistent with the protection of investors 
and the public interest.
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    \25\ 15 U.S.C. 78s(b)(3)(A).
    \26\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \27\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\28\ the Commission 
may 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 so that the 
proposed rule change can become operative on August 30, 2016.
---------------------------------------------------------------------------

    \27\ 17 CFR 240.19b-4(f)(6).
    \28\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because it will allow the Exchange to implement the proposed rules 
immediately thereby preventing delays in the implementation of the 
Plan. The Commission notes that the Plan is scheduled to start on 
October 3, 2016. Therefore, the Commission hereby waives the 30-day 
operative delay and designates the proposed rule change to be operative 
upon filing with the Commission.\29\
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    \29\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.\30\
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    \30\ 15 U.S.C. 78s(b)(3)(C).
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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-2016-25 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsBYX-2016-25. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of 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-2016-25 and should 
be submitted on or before October 6, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\31\
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    \31\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-22145 Filed 9-14-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                63508                    Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Notices

                                                FOR FURTHER INFORMATION CONTACT:                        the list of Negotiated Service                        I. Self-Regulatory Organization’s
                                                Elizabeth A. Reed, 202–268–3179.                        Agreements in the Mail Classification                 Statement of the Terms of Substance of
                                                SUPPLEMENTARY INFORMATION: The                          Schedule’s Competitive Products List.                 the Proposed Rule Change
                                                United States Postal Service® hereby                    DATES: Effective date: September 15,                     The Exchange filed a proposal to
                                                gives notice that, pursuant to 39 U.S.C.                2016.                                                 amend Exchange Rule 11.27(b)
                                                3642 and 3632(b)(3), on September 9,                                                                          regarding the data collection
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                2016, it filed with the Postal Regulatory                                                                     requirements of the Regulation NMS
                                                Commission a Request of the United                      Elizabeth A. Reed, 202–268–3179.
                                                                                                                                                              Plan to Implement a Tick Size Pilot
                                                States Postal Service to Add First-Class                SUPPLEMENTARY INFORMATION:      The                   Program (‘‘Plan’’).5
                                                Package Service Contract 61 to                          United States Postal Service® hereby                     The text of the proposed rule change
                                                Competitive Product List. Documents                     gives notice that, pursuant to 39 U.S.C.              is available at the Exchange’s Web site
                                                are available at www.prc.gov, Docket                    3642 and 3632(b)(3), on September 9,                  at www.batstrading.com, at the
                                                Nos. MC2016–195, CP2016–278.                            2016, it filed with the Postal Regulatory             principal office of the Exchange, and at
                                                                                                        Commission a Request of the United                    the Commission’s Public Reference
                                                Stanley F. Mires,                                       States Postal Service to Add Priority                 Room.
                                                Attorney, Federal Compliance.                           Mail & First-Class Package Service
                                                [FR Doc. 2016–22141 Filed 9–14–16; 8:45 am]             Contract 31 to Competitive Product List.              II. Self-Regulatory Organization’s
                                                BILLING CODE 7710–12–P                                  Documents are available at                            Statement of the Purpose of, and
                                                                                                        www.prc.gov, Docket Nos. MC2016–194,                  Statutory Basis for, the Proposed Rule
                                                                                                        CP2016–277.                                           Change
                                                POSTAL SERVICE                                                                                                   In its filing with the Commission, the
                                                                                                        Stanley F. Mires,
                                                                                                                                                              Exchange included statements
                                                Product Change—Priority Mail                            Attorney, Federal Compliance.                         concerning the purpose of and basis for
                                                Negotiated Service Agreement                            [FR Doc. 2016–22140 Filed 9–14–16; 8:45 am]           the proposed rule change and discussed
                                                AGENCY: Postal ServiceTM.                               BILLING CODE 7710–12–P                                any comments it received on the
                                                ACTION: Notice.                                                                                               proposed rule change. The text of these
                                                                                                                                                              statements may be examined at the
                                                SUMMARY:    The Postal Service gives                                                                          places specified in Item IV below. The
                                                notice of filing a request with the Postal              SECURITIES AND EXCHANGE                               Exchange has prepared summaries, set
                                                Regulatory Commission to add a                          COMMISSION                                            forth in Sections A, B, and C below, of
                                                domestic shipping services contract to                                                                        the most significant parts of such
                                                the list of Negotiated Service                          [Release No. 34–78795; File No. SR–                   statements.
                                                Agreements in the Mail Classification                   BatsBYX–2016–25]
                                                Schedule’s Competitive Products List.                                                                         (A) Self-Regulatory Organization’s
                                                                                                        Self-Regulatory Organizations; Bats                   Statement of the Purpose of, and
                                                DATES: Effective date September 15,
                                                                                                        BYX Exchange, Inc.; Notice of Filing                  Statutory Basis for, the Proposed Rule
                                                2016.                                                                                                         Change
                                                                                                        and Immediate Effectiveness of a
                                                FOR FURTHER INFORMATION CONTACT:                        Proposed Rule Change To Amend Rule
                                                Elizabeth A. Reed, 202–268–3179.                                                                              1. Purpose
                                                                                                        11.27(b) Regarding the Data Collection
                                                SUPPLEMENTARY INFORMATION: The                          Requirements of the Regulation NMS                       On August 25, 2014, the Exchange,
                                                United States Postal Service® hereby                    Plan To Implement a Tick Size Pilot                   and several other self-regulatory
                                                gives notice that, pursuant to 39 U.S.C.                Program                                               organizations (the ‘‘Participants’’) filed
                                                3642 and 3632(b)(3), on September 9,                                                                          with the Commission, pursuant to
                                                2016, it filed with the Postal Regulatory               September 9, 2016.                                    Section 11A of the Act 6 and Rule 608
                                                Commission a Request of the United                         Pursuant to Section 19(b)(1) of the                of Regulation NMS thereunder,7 the
                                                States Postal Service to Add Priority                   Securities Exchange Act of 1934 (the                  Plan to Implement a Tick Size Pilot
                                                Mail Contract 238 to Competitive                        ‘‘Act’’),1 and Rule 19b–4 thereunder,2                Program (the ‘‘Plan’’).8 The Participants
                                                Product List. Documents are available at                notice is hereby given that on August                 filed the Plan to comply with an order
                                                www.prc.gov, Docket Nos. MC2016–193,                    26, 2016, Bats BYX Exchange, Inc.                     issued by the Commission on June 24,
                                                CP2016–276.                                             (‘‘Exchange’’ or ‘‘BYX’’) filed with the              2014.9 The Plan was published for
                                                                                                        Securities and Exchange Commission                    comment in the Federal Register on
                                                Stanley F. Mires,                                                                                             November 7, 2014, and approved by the
                                                                                                        (‘‘Commission’’) the proposed rule
                                                Attorney, Federal Compliance.                           change as described in Items I and II                 Commission, as modified, on May 6,
                                                [FR Doc. 2016–22139 Filed 9–14–16; 8:45 am]             below, which Items have been prepared                 2015.10
                                                BILLING CODE 7710–12–P                                  by the Exchange. The Exchange has                        The Plan is designed to allow the
                                                                                                        designated this proposal as a ‘‘non-                  Commission, market participants, and
                                                                                                        controversial’’ proposed rule change                  the public to study and assess the
                                                POSTAL SERVICE                                          pursuant to Section 19(b)(3)(A) of the
                                                                                                                                                                 5 See Securities Exchange Act Release No. 74892
                                                                                                        Act 3 and Rule 19b–4(f)(6)(iii)
                                                Product Change—Priority Mail and                                                                              (May 6, 2015), 80 FR 27513 (May 13, 2015)
                                                                                                        thereunder,4 which renders it effective               (‘‘Approval Order’’).
                                                First-Class Package Service
                                                                                                        upon filing with the Commission. The                     6 15 U.S.C. 78k–1.
                                                Negotiated Service Agreement
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                                                                                                        Commission is publishing this notice to                  7 17 CFR 242.608.

                                                AGENCY: Postal ServiceTM.                               solicit comments on the proposed rule                    8 See Letter from Brendon J. Weiss, Vice

                                                ACTION: Notice.                                         change from interested persons.                       President, Intercontinental Exchange, Inc., to
                                                                                                                                                              Secretary, Commission, dated August 25, 2014.
                                                                                                                                                                 9 See Securities Exchange Act Release No 72460
                                                SUMMARY:   The Postal Service gives                       1 15 U.S.C. 78s(b)(1).                              (June 24, 2014), 79 FR 36840 (June 30, 2014).
                                                notice of filing a request with the Postal                2 17 CFR 240.19b–4.                                    10 See Securities Exchange Act Release No. 74892
                                                Regulatory Commission to add a                            3 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                              (May 6, 2015), 80 FR 27513 (May 13, 2015)
                                                domestic shipping services contract to                    4 17 CFR 240.19b–4(f)(6)(iii).                      (‘‘Approval Order’’).



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                                                                          Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Notices                                                    63509

                                                impact of increment conventions on the                   to collect certain data, which is then               seeking an exemption from certain data
                                                liquidity and trading of the common                      transmitted directly to the Commission.              collection and reporting requirements
                                                stock of small-capitalization companies.                 With respect to Trading Centers,                     set forth in the Plan.20
                                                Each Participant is required to comply,                  Appendix B.I to the Plan (Market                        The Exchange now proposes to
                                                and to enforce compliance by its                         Quality Statistics) requires a Trading               further amend Rule 11.27(b) to modify
                                                member organizations, as applicable,                     Center to submit to the Participant that             additional data collection and reporting
                                                with the provisions of the Plan.                         is its DEA a variety of market quality               requirements.21 First, Appendix
                                                   The Plan provides for the creation of                 statistics. Appendix B.II to the Plan                B.I.a(21) through B.I.a(27) currently
                                                a group of Pilot Securities, which shall                 (Market and Marketable Limit Order                   requires that Trading Centers report the
                                                be placed in a control group and three                   Data) requires a Trading Center to                   cumulative number of shares of
                                                separate test groups, with each subject                  submit information to its DEA relating               cancelled orders during a specified
                                                to varying quoting and trading                           to market orders and marketable limit                duration of time after receipt of the
                                                increments. Pilot Securities in the                      orders, including the time of order                  order that was cancelled. The Exchange
                                                control group will be quoted at the                      receipt, order type, the order size, and             and the other Participants believe that,
                                                current tick size increment of $0.01 per                 the National Best Bid and National Best              for purposes of reporting cancelled
                                                share and will trade at the currently                    Offer quoted price.                                  orders, it is appropriate to categorize
                                                permitted increments. Pilot Securities in                   With respect to Market Makers,                    unexecuted Immediate or Cancel orders
                                                the first test group will be quoted in                   Appendix B.III requires a Participant                separately as one bucket irrespective of
                                                $0.05 minimum increments but will                        that is a national securities exchange to            the duration of time after order receipt,
                                                continue to trade at any price increment                 collect daily Market Maker Registration              i.e., without a time increment, to better
                                                that is currently permitted.11 Pilot                     statistics. Appendix B.IV requires a                 differentiate orders cancelled
                                                Securities in the second test group                      Participant to collect data related to               subsequent to entry from those where
                                                (‘‘Test Group Two’’) will be quoted in                   Market Maker participation with respect              the customer’s intent prior to order
                                                $0.05 minimum increments and will                        to each Market Maker engaging in                     entry was to cancel the order if no
                                                trade at $0.05 minimum increments                        trading activity on a Trading Center                 execution could be immediately
                                                subject to a midpoint exception, a retail                operated by the Participant. Appendix                obtained. The Exchange, therefore,
                                                investor order exception, and a                          C.I requires a Participant to collect data           proposes to modify Supplementary
                                                negotiated trade exception.12 Pilot                      related to Market Maker profitability                Material .04 [sic] to provide that
                                                Securities in the third test group (‘‘Test               from each Market Maker for which it is               unexecuted Immediate or Cancel orders
                                                Group Three’’) will be subject to the                    the DEA. Appendix C.II requires the                  shall be categorized separately for
                                                same quoting and trading increments as                   Participant, as DEA, to aggregate the                purposes of Appendix B.I.a(21) through
                                                Test Group Two, and also will be                         Appendix C.I data, and to transmit this              B.I.a(27).
                                                subject to the ‘‘Trade-at’’ requirement to               data to the Commission.                                 The second change relates to the
                                                prevent price matching by a market                          The Commission approved the Pilot                 reporting of daily market quality
                                                participant that is not displaying at the                on a two-year basis, with                            statistics pursuant to Appendix B.I.
                                                price of a Trading Center’s ‘‘Best                       implementation to begin no later than                Currently, Appendix B.I sets forth
                                                Protected Bid’’ or ‘‘Best Protected                      May 6, 2016.17 On November 6, 2015,                  categories of orders, including market
                                                Offer,’’ unless an enumerated exception                  the SEC exempted the Participants from               orders, marketable limit orders, and
                                                applies.13 In addition to the exceptions                 implementing the pilot until October 3,              inside-the-quote resting limit orders, for
                                                provided under Test Group Two, an                        2016.18 As set forth in Appendices B                 which daily market quality statistics
                                                exception for Block Size orders and                      and C to the Plan, data that is reported             must be reported. The Exchange and the
                                                exceptions that mirror those under Rule                  pursuant to the appendices shall be                  other Participants have determined that
                                                611 of Regulation NMS14 will apply to                    provided for dates starting six months               it is appropriate to include an order type
                                                the Trade-at requirement.                                prior to the Pilot Period through six                for limit orders priced more than $0.10
                                                   The Plan also requires a Trading                      months after the end of the Pilot Period.            away from the NBBO for purposes of
                                                Center15 or a Market Maker16 to collect                  Under the revised Pilot implementation               Appendix B reporting. The Exchange
                                                and transmit certain data to its                         date, the Pre-Pilot data collection period           therefore proposes to amend
                                                designated examining authority                           commenced on April 4, 2016.                          Supplementary Material [sic].06 to
                                                (‘‘DEA’’), and requires DEAs to transmit                    On March 16, 2016, the Exchange                   provide that limit orders priced more
                                                this data to the Commission.                             filed with the Commission a proposed                 than $0.10 away from the NBBO shall be
                                                Participants that operate a Trading                      rule change to adopt Exchange Rule                   included as an order type for purposes
                                                Center also are required under the Plan                  11.27(b) to implement the data                       of Appendix B reporting, and shall be
                                                                                                         collection requirements of the Plan.19               assigned the number (22). These orders
                                                  11 See  Section VI(B) of the Plan.                     On December 9, 2015, FINRA, on behalf
                                                  12 See  Section VI(C) of the Plan.
                                                   13 See Section VI(D) of the Plan.
                                                                                                         of the Plan Participants, submitted an                  20 See letter from Marcia E. Asquith, Senior Vice

                                                                                                         exemptive request to the Commission,                 President and Corporate Secretary, FINRA dated
                                                   14 17 CFR 242.611.
                                                                                                                                                              December 9, 2015 to Robert W. Errett, Deputy
                                                   15 The Plan incorporates the definition of a                                                               Secretary, Commission (‘‘Exemption Request’’). The
                                                                                                           17 See Approval Order at 27533 and 27545.
                                                ‘‘Trading Center’’ from Rule 600(b)(78) of                                                                    Commission, pursuant to its authority under Rule
                                                                                                           18 See Securities Exchange Act Release No. 76382
                                                Regulation NMS. Regulation NMS defines a                                                                      608(e) of Regulation NMS, granted the Exchange a
                                                ‘‘Trading Center’’ as ‘‘a national securities exchange   (November 6, 2015), 80 FR 70284 (November 13,        limited exemption from the requirement to comply
                                                or national securities association that operates an      2015) (File No. 4–657).                              with certain provisions of the Plan as specified in
                                                SRO trading facility, an alternative trading system,       19 See Securities Exchange Act Release No. 77418   the letter and noted herein. See letter from David
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                                                an exchange market maker, an OTC market maker,           (March 22, 2016), 81 FR 17213 (March 28, 2016)       Shillman, Associate Director, Division of Trading
                                                or any other broker or dealer that executes orders       (Notice of Filing and Immediate Effectiveness of     and Markets, Commission to Eric Swanson, General
                                                internally by trading as principal or crossing orders    File No. SR–BatsBYX–2016–01).                        Counsel, the Exchange, dated March 22, 2016
                                                as agent.’’ See 17 CFR 242.600(b).                         The Exchange also submitted a proposed rule        (‘‘Exemption Letter’’).
                                                   16 The Plan defines a Market Maker as ‘‘a dealer      change to implement the quoting and trading             21 The Exchange notes that, in connection with

                                                registered with any self-regulatory organization, in     requirements of the Plan. See Securities Exchange    this proposed rule change, FINRA, on behalf of the
                                                accordance with the rules thereof, as (i) a market       Act Release No. 77793 (May 10, 2016), 81 FR 30366    Plan Participants, intends to file an exemptive
                                                maker or (ii) a liquidity provider with an obligation    (May 16, 2016) (Notice of Filing and Immediate       request seeking relief from certain of the Plan’s data
                                                to maintain continuous, two-sided trading interest.’’    Effectiveness of File No. SR-BatsBYX–2016–07).       collection requirements.



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                                                63510                    Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Notices

                                                are not currently required to be reported               calculating at-the-quote share (trade)                    As noted in Item 2 of this filing, the
                                                pursuant to Appendix B, and The                         participation and outside-the-quote                     Exchange has filed the proposed rule
                                                Exchange and the other Participants                     share (trade) participation pursuant to                 change for immediate effectiveness. The
                                                believe that requiring the reporting of                 Appendix B.IV(f) and (g), the Plan                      Exchange has requested that the SEC
                                                such orders will produce a more                         allows the Trading Center to utilize the                waive the 30-day operative period so
                                                comprehensive data set.                                 National Best Bid or National Best Offer                that the proposed rule change can
                                                   The third change relates to the                      (NBBO) at the time of or immediately                    become operative on August 30, 2016.
                                                reporting of market quality statistics                  before the trade for both share and trade
                                                pursuant to Appendix B.I for a variety                                                                          2. Statutory Basis
                                                                                                        participation calculations. The
                                                of order types, including inside-the-                   Exchange and the other Participants                        The Exchange believes that its
                                                quote resting limit orders (12), at-the-                believe that it is appropriate to calculate             proposal is consistent with Section 6(b)
                                                quote resting limit orders (13), and near-              all quote participation (cross-quote                    of the Act 23 in general, and furthers the
                                                the-quote resting limit orders (within                  share (trade) participation, inside-the-                objectives of Section 6(b)(5) of the Act 24
                                                $0.10 of the NBBO) (14). The Exchange                   quote share (trade) participation, at-the-              in particular, in that it is designed to
                                                and the other Participants believe that it              quote share (trade) participation and                   promote just and equitable principles of
                                                is appropriate to require Trading                       outside-the-quote share (trade)                         trade, to foster cooperation and
                                                Centers to report all orders that fall                  participation) solely by reference to the               coordination with persons engaged in
                                                within these categories, and not just                   NBBO in effect immediately prior to the                 facilitating transactions in securities, to
                                                those orders that are ‘‘resting.’’ The                  trade. The Exchange therefore proposes                  remove impediments to and perfect the
                                                Exchange, therefore, proposes to amend                  to make this change as part of                          mechanism of a free and open market
                                                Supplementary Material .06 [sic] to                     Supplementary Material [sic].09.                        and a national market system and, in
                                                make this change.                                          Finally, the Exchange proposes to                    general, to protect investors and the
                                                   In the fourth change, the Exchange                   change the end date until which the Pre-                public interest.
                                                proposes to add new Supplementary                       Pilot Data Collection Securities shall be                  The Exchange believes that this
                                                Material [sic].09 to modify the manner                  used to fulfill the Plan’s data collection              proposal is consistent with the Act
                                                in which market maker participation                     requirements. Currently, Supplementary                  because it implements and clarifies the
                                                statistics are calculated. Currently,                   Material [sic.10 provides that Pre-Pilot                provisions of the Plan, and is designed
                                                Appendix B.IV provides that market                      Data Collection Securities are the                      to assist the Exchange in meeting its
                                                maker participation statistics shall be                 securities designated by the Participants               regulatory obligations pursuant of the
                                                calculated based on share participation,                for purposes of the data collection                     Plan. In approving the Plan, the SEC
                                                trade participation, cross-quote share                  requirements described in Items I, II and               noted that the Pilot was an appropriate,
                                                (trade) participation, inside-the-quote                 IV of Appendix B and Item I of                          data-driven test that was designed to
                                                share (trade) participation, at-the-quote               Appendix C to the Plan for the period                   evaluate the impact of a wider tick size
                                                share (trade) participation, and outside-               beginning six months prior to the Pilot                 on trading, liquidity, and the market
                                                the-quote share (trade) participation.                  Period and ending on the trading day                    quality of securities of smaller
                                                The Exchange and the other Participants                 immediately preceding the Pilot Period.                 capitalization companies, and was
                                                have determined that it is appropriate to               The Exchange and the other Participants                 therefore in furtherance of the purposes
                                                add the count of the number of Market                   believe that it is appropriate to use the               of the Act. The Exchange believes that
                                                Makers used in the calculation of share                 Pilot Securities to satisfy the Plan’s data             this proposal is in furtherance of the
                                                (trade) participation to each category.                 collection requirements prior to the                    objectives of the Plan, as identified by
                                                The Exchange is therefore proposing                     commencement of the Pilot. According,                   the SEC, and is therefore consistent with
                                                this change as part of Supplementary                    the Exchange is revising Supplementary                  the Act because the proposal
                                                Material [sic].09. In addition, Appendix                Material [sic].10 (which will be re-                    implements and clarifies the
                                                B.IV(b) and (c) currently require that,                 numbered as Supplementary Material                      requirements of the Plan and applies
                                                when aggregating across Market Makers,                  [sic].11) to provide that the Pre-Pilot                 specific obligations to Members in
                                                share participation and trade                           Data Collection Securities shall be used                furtherance of compliance with the
                                                participation shall be calculated using                 to satisfy the Plan’s data collection                   Plan.
                                                the share-weighted average and trade-
                                                                                                        requirements through thirty-one days                    (B) Self-Regulatory Organization’s
                                                weighted average, respectively. The
                                                                                                        prior to the Pilot Period, after which                  Statement on Burden on Competition
                                                Exchange and the other Participants
                                                                                                        time the Pilot Securities shall be used
                                                believe that it is more appropriate to                                                                            The Exchange notes that the proposed
                                                                                                        for purposes of the data collection
                                                calculate share and trade participation                                                                         rule change implements the provisions
                                                                                                        requirements.22
                                                by providing the total count of shares or                                                                       of the Plan, and is designed to assist the
                                                trades, as applicable, rather than                        22 After regular trading hours on September 2,
                                                                                                                                                                Exchange in meeting its regulatory
                                                weighted averages, and the Exchange is                  2016, the national securities exchanges will            obligations pursuant to the Plan. The
                                                therefore proposing this change as part                 establish which securities will be included as Pilot    Exchange also notes that, other than the
                                                of Supplementary Material [sic].09.                     Securities for purposes of the Plan. The Exchange       change to require use of the Pilot
                                                   The fifth change relates to the NBBO                 and the other Participants have determined that
                                                                                                        members should use the Pilot Securities list for data
                                                                                                                                                                Securities beginning thirty days prior to
                                                that a Trading Center is required to use                collection purposes once it becomes available.          the beginning of the Pilot Period, the
                                                when performing certain quote-related                   Thus, the proposed rule change requires that,           proposed changes will not affect the
                                                calculations. When calculating cross-                   beginning thirty days prior to the first day of the     data collection and reporting
                                                quote share (trade) participation                       Pilot Period—i.e., September 3, 2016—the Exchange
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                                                                                                        and the Exchange members will comply with the
                                                                                                                                                                requirements for members that operate
                                                pursuant to Appendix B.IV(d) and                        data collection obligations of the Plan by collecting   Trading Centers; the proposed changes
                                                inside-the-quote share (trade)                          data on the Pilot Securities. As a result, beginning    will only affect how the Exchange and
                                                participation pursuant to Appendix                      on September 3, 2016, members must migrate from         Participants that operate Trading
                                                B.IV(e), the Plan requires the Trading                  using the Exchange’s published Pre-Pilot Data
                                                                                                        Collection Security list and begin using the Pilot
                                                                                                                                                                Centers collect and report data. The
                                                Center to utilize the NBBO at the time                  Securities list. September 2, 2016 will be the last
                                                of the trade for both share and trade                   day that members use the Pre-Pilot Data Collection       23 15   U.S.C. 78f(b).
                                                participation calculations. When                        Security list.                                           24 15   U.S.C. 78f(b)(5).



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                                                                           Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Notices                                                63511

                                                Exchange notes that, with respect to the                scheduled to start on October 3, 2016.                business days between the hours of
                                                change to require the use of the Pilot                  Therefore, the Commission hereby                      10:00 a.m. and 3:00 p.m. Copies of such
                                                Securities beginning thirty days prior to               waives the 30-day operative delay and                 filing also will be available for
                                                the start of the Pilot Period, the                      designates the proposed rule change to                inspection and copying at the principal
                                                proposed change reduces the number of                   be operative upon filing with the                     office of the Exchange. All comments
                                                securities on which affected members                    Commission.29                                         received will be posted without change;
                                                otherwise would have been required to                      At any time within 60 days of the                  the Commission does not edit personal
                                                collect data pursuant to the Plan and                   filing of the proposed rule change, the               identifying information from
                                                Exchange Rule 11.27(b). In addition, the                Commission summarily may                              submissions. You should submit only
                                                proposed rule change applies equally to                 temporarily suspend such rule change if               information that you wish to make
                                                all similarly situated members.                         it appears to the Commission that such                available publicly. All submissions
                                                Therefore, the Exchange does not                        action is necessary or appropriate in the             should refer to File Number SR–
                                                believe that the proposed rule change                   public interest, for the protection of                BatsBYX–2016–25 and should be
                                                will result in any burden on                            investors, or otherwise in furtherance of             submitted on or before October 6, 2016.
                                                competition that is not necessary or                    the purposes of the Act.30                              For the Commission, by the Division of
                                                appropriate in furtherance of the                       IV. Solicitation of Comments                          Trading and Markets, pursuant to delegated
                                                purposes of the Act.                                                                                          authority.31
                                                                                                          Interested persons are invited to                   Brent J. Fields,
                                                (C) Self-Regulatory Organization’s                      submit written data, views, and
                                                                                                                                                              Secretary.
                                                Statement on Comments on the                            arguments concerning the foregoing,
                                                Proposed Rule Change Received From                                                                            [FR Doc. 2016–22145 Filed 9–14–16; 8:45 am]
                                                                                                        including whether the proposed rule
                                                Members, Participants or Others                         change is consistent with the Act.                    BILLING CODE 8011–01–P

                                                  Written comments were neither                         Comments may be submitted by any of
                                                solicited nor received.                                 the following methods:
                                                                                                                                                              SECURITIES AND EXCHANGE
                                                III. Date of Effectiveness of the                       Electronic Comments                                   COMMISSION
                                                Proposed Rule Change and Timing for                       • Use the Commission’s Internet                     [Release No. 34–78808; File No. SR–NSCC–
                                                Commission Action                                       comment form (http://www.sec.gov/                     2016–004]
                                                   The foregoing rule change has become                 rules/sro.shtml); or
                                                effective pursuant to Section 19(b)(3)(A)                 • Send an email to rule-comments@                   Self-Regulatory Organizations;
                                                                                                        sec.gov. Please include File Number SR–               National Securities Clearing
                                                of the Act 25 and Rule 19b–4(f)(6) 26
                                                                                                        BatsBYX–2016–25 on the subject line.                  Corporation; Notice of Filing of
                                                thereunder because the proposal does
                                                                                                                                                              Proposed Rule Change To Describe
                                                not: (i) Significantly affect the                       Paper Comments                                        the Backtesting Charge and the Bank
                                                protection of investors or the public                      • Send paper comments in triplicate                Holiday Charge That May Be Imposed
                                                interest; (ii) impose any significant                   to Secretary, Securities and Exchange                 on Members
                                                burden on competition; and (iii) by its                 Commission, 100 F Street NE.,
                                                terms, become operative for 30 days                     Washington, DC 20549–1090.                            September 9, 2016.
                                                from the date on which it was filed, or                                                                          Pursuant to section 19(b)(1) of the
                                                                                                        All submissions should refer to File
                                                such shorter time as the Commission                                                                           Securities Exchange Act of 1934
                                                                                                        Number SR–BatsBYX–2016–25. This
                                                may designate if consistent with the                                                                          (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                        file number should be included on the
                                                protection of investors and the public                                                                        notice is hereby given that on
                                                                                                        subject line if email is used. To help the
                                                interest.                                                                                                     September 2, 2016, National Securities
                                                                                                        Commission process and review your
                                                   A proposed rule change filed under                                                                         Clearing Corporation (‘‘NSCC’’) filed
                                                                                                        comments more efficiently, please use
                                                Rule 19b–4(f)(6) 27 normally does not                                                                         with the Securities and Exchange
                                                                                                        only one method. The Commission will
                                                become operative prior to 30 days after                                                                       Commission (‘‘Commission’’) the
                                                                                                        post all comments on the Commission’s
                                                the date of the filing. However, pursuant                                                                     proposed rule change as described in
                                                                                                        Internet Web site (http://www.sec.gov/
                                                to Rule 19b–4(f)(6)(iii),28 the                                                                               Items I, II and III below, which Items
                                                                                                        rules/sro.shtml). Copies of the                       have been prepared by the clearing
                                                Commission may designate a shorter
                                                                                                        submission, all subsequent                            agency. The Commission is publishing
                                                time if such action is consistent with the
                                                                                                        amendments, all written statements                    this notice to solicit comments on the
                                                protection of investors and the public
                                                                                                        with respect to the proposed rule                     proposed rule change from interested
                                                interest. The Exchange has asked the
                                                                                                        change that are filed with the                        persons.
                                                Commission to waive the 30-day
                                                                                                        Commission, and all written
                                                operative delay so that so that the                                                                           I. Clearing Agency’s Statement of the
                                                                                                        communications relating to the
                                                proposed rule change can become                                                                               Terms of Substance of the Proposed
                                                                                                        proposed rule change between the
                                                operative on August 30, 2016.                                                                                 Rule Change
                                                   The Commission believes that                         Commission and any person, other than
                                                waiving the 30-day operative delay is                   those that may be withheld from the                      The proposed rule change consists of
                                                consistent with the protection of                       public in accordance with the                         amendments to the Rules and
                                                investors and the public interest                       provisions of 5 U.S.C. 552, will be                   Procedures of NSCC (‘‘NSCC Rules’’) 3
                                                because it will allow the Exchange to                   available for Web site viewing and                    in order to include two margin charges
                                                implement the proposed rules                            printing in the Commission’s Public                   (the ‘‘Backtesting Charge’’ and ‘‘Bank
                                                                                                        Reference Room, 100 F Street NE.,
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                                                immediately thereby preventing delays
                                                in the implementation of the Plan. The                  Washington, DC 20549, on official                       31 17 CFR 200.30–3(a)(12).
                                                                                                                                                                1 15 U.S.C. 78s(b)(1).
                                                Commission notes that the Plan is                          29 For purposes only of waiving the operative        2 17 CFR 240.19b–4.

                                                                                                        delay for this proposal, the Commission has             3 The NSCC Rules are available at http://
                                                  25 15 U.S.C. 78s(b)(3)(A).                            considered the proposed rule’s impact on              www.dtcc.com/legal/rules-and-procedures.
                                                  26 17 CFR 240.19b–4(f)(6).
                                                                                                        efficiency, competition, and capital formation. See   Capitalized terms used herein and not otherwise
                                                  27 17 CFR 240.19b–4(f)(6).                            15 U.S.C. 78c(f).                                     defined shall have the meaning assigned to such
                                                  28 17 CFR 240.19b–4(f)(6)(iii).                          30 15 U.S.C. 78s(b)(3)(C).                         terms in the NSCC Rules.



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Document Created: 2018-02-09 13:18:26
Document Modified: 2018-02-09 13:18:26
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 63508 

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