81_FR_83544 81 FR 83320 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Pilot Period for the Supplemental Competitive Liquidity Provider Program

81 FR 83320 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Pilot Period for the Supplemental Competitive Liquidity Provider Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 224 (November 21, 2016)

Page Range83320-83322
FR Document2016-27892

Federal Register, Volume 81 Issue 224 (Monday, November 21, 2016)
[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Notices]
[Pages 83320-83322]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27892]



[[Page 83320]]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79312; File No. SR-BatsBZX-2016-75]


Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Extend 
the Pilot Period for the Supplemental Competitive Liquidity Provider 
Program

November 15, 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 November 7, 2016, Bats BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to extend the pilot period for the 
Exchange's Supplemental Competitive Liquidity Provider Program (the 
``Program''), which is currently set to expire on November 4, 2016 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
Background
    On August 30, 2011, the Exchange received approval of rules 
applicable to the qualification, listing and delisting of securities of 
issuers on the Exchange.\3\ More recently, the Exchange received 
approval to operate a pilot program that is designed to incentivize 
certain Market Makers \4\ registered with the Exchange as ETP CLPs, as 
defined in Interpretation and Policy .03 to Rule 11.8, to enhance 
liquidity on the Exchange in certain ETPs \5\ listed on the Exchange 
and thereby qualify to receive part of a daily rebate as part of the 
Program under Interpretation and Policy .03 to Rule 11.8.\6\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 65225 (August 30, 
2011), 76 FR 55148 (September 6, 2011) (SR-BATS-2011-018).
    \4\ As defined in BZX Rules, the term ``Market Maker'' means a 
Member that acts a as a market maker pursuant to Chapter XI of BZX 
Rules.
    \5\ ETP is defined in Interpretation and Policy .03(b)(4) to 
Rule 11.8.
    \6\ See Securities Exchange Act Release No. 72692 (July 28, 
2014), 79 FR 44908 (August 1, 2014) (SR-BATS-2014-022) (``CLP 
Approval Order'').
---------------------------------------------------------------------------

    The Program was approved by the Commission on a pilot basis running 
one-year from the date of implementation.\7\ The Commission approved 
the Program on July 28, 2014.\8\ The Exchange implemented the Program 
on July 28, 2014 and the pilot period for the Program was originally 
scheduled to end on July 28, 2015 until it was extended to end on 
October 28, 2015,\9\ later extended to January 28, 2016,\10\ again 
extended to April 28, 2016,\11\ then again to July 28, 2016,\12\ again 
to October 28, 2016,\13\ and most recently to November 4, 2016.\14\
---------------------------------------------------------------------------

    \7\ See id at 44909.
    \8\ Id.
    \9\ See Securities Exchange Act Release No. 75518 (July 24, 
2015), 80 FR 45566 (July 30, 2015 (SR-BATS-2015-55).
    \10\ See Securities Exchange Act Release No. 76293 (October 28, 
2015), 80 FR 67808 (November 3, 2015) (SR-BATS-2015-96).
    \11\ See Securities Exchange Act Release No. 77033 (February 2, 
2016), 81 FR 6558 (February 8, 2016) (SR-BATS-2016-12).
    \12\ See Securities Exchange Act Release No. 77721 (April 27, 
2016), 81 FR 26591 (May 3, 2016) (SR-BatsBZX-2016-11).
    \13\ See Securities Exchange Act Release No. 78454 (August 2, 
2016), 81 FR 52494 (August 8, 2016) (SR-BatsBZX-2016-46).
    \14\ See Securities Exchange Act Release No. 79222 (November 2, 
2016) (SR-BatsBZX-2016-71).
---------------------------------------------------------------------------

Proposal To Extend the Operation of the Program
    The Exchange established the Program in order to enhance liquidity 
on the Exchange in certain ETPs listed on the Exchange (and thereby 
enhance the Exchange's ability to compete as a listing venue) by 
providing a mechanism by which ETP CLPs compete for part of a daily 
quoting incentive on the basis of providing the most aggressive quotes 
with the greatest amount of size. Such competition has the ability to 
reduce spreads, facilitate the price discovery process, and reduce 
costs for investors trading in such securities, thereby promoting 
capital formation and helping the Exchange to compete as a listing 
venue. The Exchange is proposing to extend the current pilot period for 
the Program from November 4, 2016 to July 31, 2017 in order to allow 
the Exchange to gather additional data related to the Program as the 
Program continues to operate.
    Prior to the end of the pilot period ending July 31, 2017, the 
Exchange will post a report relating to the Program (the ``Assessment 
Report'') on its Web site three months before the end of the pilot 
period or at the time it files to terminate the pilot, whichever comes 
first. The proposed Assessment Report would list the program objectives 
that are the focus of the pilot and, for each, provide (a) a 
statistical analysis that includes evidence that is sufficient to 
inform a reader about whether the program has met those objectives 
during the pilot period, along with (b) a narrative explanation of 
whether and how the evidence indicates the pilot has met the objective, 
including both strengths and weaknesses of the evidence in this regard. 
The Assessment Report also would include a discussion of (a) the 
procedures used in selecting any samples that are used in constructing 
tables or statistics for inclusion in the Assessment Report, (b) the 
definitions of any variables and statistics reported in the tables, 
including test statistics, (c) the statistical significance levels of 
any test statistics and (d) other statistical or qualitative 
information that may enhance the usefulness of the Assessment Report as 
a basis for evaluating the performance of the program. The Assessment 
Report would present statistics on product performance relative to the 
performance of comparable or other suitable benchmark products 
(including test statistics that permit the reader to evaluate the 
statistical significance of any differences reported or discussed in 
the report), along with information on the procedures that were used to 
identify those comparable or benchmark products, the characteristics of 
each comparable or benchmark products, the characteristics of each 
product that is

[[Page 83321]]

the focus of the pilot, the procedures used in selecting the time 
horizon of the sample and the sensitivity of reported statistics to 
changes in the time horizon of the sample.
    As such, the Exchange believes that it is appropriate to extend the 
current operation of the Program in order to allow the Exchange to 
gather additional data related to the Program as the Program continues 
to operate and the Exchange prepares the Assessment Report. Through 
this filing, the Exchange seeks to extend the current pilot period of 
the Program until July 31, 2017.
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 Program is consistent with these 
principles because the Program is reasonably designed to enhance quote 
competition, improve liquidity in securities listed on the Exchange, 
support the quality of price discovery, promote market transparency, 
and increase competition for listings and trade executions, while 
reducing spreads and transaction costs in such securities. Maintaining 
and increasing liquidity in Exchange-listed securities will help raise 
investors' confidence in the fairness of the market and their 
transactions. Further, the Exchange believes that extending the pilot 
period will allow the Exchange to gather additional data related to the 
Program as the Program continues to operate in order to better assess 
the effect of the Program on the public price discovery process and 
market structure generally as part of its preparation of the Assessment 
Report.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 period until July 31, 2017, thus allowing 
the Program to enhance competition in both the listings market and in 
competition for market makers. The Program will continue to promote 
competition in the listings market by providing issuers with a vehicle 
for paying the Exchange additional fees in exchange for incentivizing 
tighter spreads and deeper liquidity in listed securities and allow the 
Exchange to continue to compete with similar programs at Nasdaq Stock 
Market LLC \17\ and NYSE Arca Equities, Inc.\18\
---------------------------------------------------------------------------

    \17\ See Securities Exchange Act Release No. 69195 (March 20, 
2013), 78 FR 18393 (March 26, 2013) (SR-NASDAQ-2012-137).
    \18\ See Securities Exchange Act Release No. 69335 (April 5, 
2013), 78 FR 35340 (June 12, 2013) (SR-NYSEARCA-2013-34).
---------------------------------------------------------------------------

    The Exchange also believes that extending the pilot period will 
allow the Program to continue to enhance competition among market 
participants by creating incentives for market makers to compete to 
make better quality markets. By continuing to require that market 
makers both meet the quoting requirements and also compete for the 
daily financial incentives, the quality of quotes on the Exchange will 
continue to improve. This, in turn, will attract more liquidity to the 
Exchange and further improve the quality of trading in exchange-listed 
securities participating in the Program, which will also act to bolster 
the Exchange's listing business.

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

    Because the foregoing proposed rule change does not: (A) 
Significantly affect the protection of investors or the public 
interest; (B) impose any significant burden on competition; and (C) 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, it has 
become effective pursuant to Section 19(b)(3)(A) of the Act \19\ and 
paragraph (f)(6) of Rule 19b-4 thereunder.\20\ The Exchange has given 
the Commission written notice of its 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.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative before 30 days from the date of the filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\21\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest.
---------------------------------------------------------------------------

    \21\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative 
delay. The Exchange asserts that waiver of the operative delay will 
allow the Exchange to extend the Program prior to its expiration on 
November 4, 2016, which will ensure that the Program continues to 
operate uninterrupted while the Exchange and the Commission continue to 
analyze data regarding the Program.\22\ The Exchange represents that 
extending the pilot period will allow the Exchange to gather additional 
data related to the Program to better assess the effect of the Program 
on the public price discovery process and market structure, generally, 
as part of its preparation of the Assessment Report. According to the 
Exchange, prior to the end of the pilot period ending July 31, 2017, 
the Exchange will post the Assessment Report on its Web site three 
months before the end of the pilot period or at the time it files to 
terminate the pilot, whichever comes first. Based on these 
representations, the Commission believes that waiving the 30-day 
operative delay is consistent with the protection of investors and the 
public interest. Therefore, the Commission hereby waives the 30-day 
operative delay and designates the proposed rule change to be operative 
upon filing with the Commission.\23\
---------------------------------------------------------------------------

    \22\ The Commission notes that, on November 4, 2016, the 
Exchange filed a similar rule filing (SR-BatsBZX-2016-74) proposing 
to extend the Program to July 31, 2017. The Exchange withdrew that 
filing on November 7, 2016, and filed this proposed rule filing on 
the same day.
    \23\ 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).

---------------------------------------------------------------------------

[[Page 83322]]

    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: (1) 
Necessary or appropriate in the public interest; (2) for the protection 
of investors; or (3) otherwise in furtherance of the purposes of the 
Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-BatsBZX-2016-75 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-BatsBZX-2016-75. 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 will also be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File No. SR-BatsBZX-2016-75 and should be 
submitted on or before December 12, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-27892 Filed 11-18-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    83320                         Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Notices

                                                    SECURITIES AND EXCHANGE                                    A. Self-Regulatory Organization’s                     on the Exchange in certain ETPs listed
                                                    COMMISSION                                                 Statement of the Purpose of, and                      on the Exchange (and thereby enhance
                                                                                                               Statutory Basis for, the Proposed Rule                the Exchange’s ability to compete as a
                                                    [Release No. 34–79312; File No. SR–
                                                                                                               Change                                                listing venue) by providing a
                                                    BatsBZX–2016–75]                                           1. Purpose                                            mechanism by which ETP CLPs
                                                                                                                                                                     compete for part of a daily quoting
                                                    Self-Regulatory Organizations; Bats                        Background                                            incentive on the basis of providing the
                                                    BZX Exchange, Inc.; Notice of Filing                          On August 30, 2011, the Exchange                   most aggressive quotes with the greatest
                                                    and Immediate Effectiveness of a                           received approval of rules applicable to              amount of size. Such competition has
                                                    Proposed Rule Change To Extend the                         the qualification, listing and delisting of           the ability to reduce spreads, facilitate
                                                    Pilot Period for the Supplemental                          securities of issuers on the Exchange.3               the price discovery process, and reduce
                                                    Competitive Liquidity Provider                             More recently, the Exchange received                  costs for investors trading in such
                                                    Program                                                    approval to operate a pilot program that              securities, thereby promoting capital
                                                                                                               is designed to incentivize certain Market             formation and helping the Exchange to
                                                    November 15, 2016.                                         Makers 4 registered with the Exchange                 compete as a listing venue. The
                                                                                                               as ETP CLPs, as defined in                            Exchange is proposing to extend the
                                                       Pursuant to Section 19(b)(1) of the
                                                                                                               Interpretation and Policy .03 to Rule                 current pilot period for the Program
                                                    Securities Exchange Act of 1934 (the
                                                                                                               11.8, to enhance liquidity on the                     from November 4, 2016 to July 31, 2017
                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                               Exchange in certain ETPs 5 listed on the              in order to allow the Exchange to gather
                                                    notice is hereby given that on November
                                                                                                               Exchange and thereby qualify to receive               additional data related to the Program as
                                                    7, 2016, Bats BZX Exchange, Inc. (the                                                                            the Program continues to operate.
                                                                                                               part of a daily rebate as part of the
                                                    ‘‘Exchange’’ or ‘‘BZX’’) filed with the                    Program under Interpretation and Policy
                                                    Securities and Exchange Commission                                                                                  Prior to the end of the pilot period
                                                                                                               .03 to Rule 11.8.6                                    ending July 31, 2017, the Exchange will
                                                    (‘‘Commission’’) the proposed rule                            The Program was approved by the
                                                    change as described in Items I and II                                                                            post a report relating to the Program (the
                                                                                                               Commission on a pilot basis running                   ‘‘Assessment Report’’) on its Web site
                                                    below, which Items have been prepared                      one-year from the date of                             three months before the end of the pilot
                                                    by the Exchange. The Commission is                         implementation.7 The Commission                       period or at the time it files to terminate
                                                    publishing this notice to solicit                          approved the Program on July 28, 2014.8               the pilot, whichever comes first. The
                                                    comments on the proposed rule change                       The Exchange implemented the Program                  proposed Assessment Report would list
                                                    from interested persons.                                   on July 28, 2014 and the pilot period for             the program objectives that are the focus
                                                                                                               the Program was originally scheduled to               of the pilot and, for each, provide (a) a
                                                    I. Self-Regulatory Organization’s
                                                                                                               end on July 28, 2015 until it was                     statistical analysis that includes
                                                    Statement of the Terms of Substance of
                                                                                                               extended to end on October 28, 2015,9                 evidence that is sufficient to inform a
                                                    the Proposed Rule Change
                                                                                                               later extended to January 28, 2016,10                 reader about whether the program has
                                                       The Exchange filed a proposal to                        again extended to April 28, 2016,11 then              met those objectives during the pilot
                                                    extend the pilot period for the                            again to July 28, 2016,12 again to                    period, along with (b) a narrative
                                                    Exchange’s Supplemental Competitive                        October 28, 2016,13 and most recently to              explanation of whether and how the
                                                    Liquidity Provider Program (the                            November 4, 2016.14                                   evidence indicates the pilot has met the
                                                    ‘‘Program’’), which is currently set to                    Proposal To Extend the Operation of the               objective, including both strengths and
                                                    expire on November 4, 2016 to expire                       Program                                               weaknesses of the evidence in this
                                                    on July 31, 2017.                                            The Exchange established the                        regard. The Assessment Report also
                                                       The text of the proposed rule change                    Program in order to enhance liquidity                 would include a discussion of (a) the
                                                    is available at the Exchange’s Web site                                                                          procedures used in selecting any
                                                    at www.batstrading.com, at the                                3 See Securities Exchange Act Release No. 65225    samples that are used in constructing
                                                    principal office of the Exchange, and at                   (August 30, 2011), 76 FR 55148 (September 6, 2011)    tables or statistics for inclusion in the
                                                                                                               (SR–BATS–2011–018).                                   Assessment Report, (b) the definitions of
                                                    the Commission’s Public Reference                             4 As defined in BZX Rules, the term ‘‘Market
                                                    Room.                                                                                                            any variables and statistics reported in
                                                                                                               Maker’’ means a Member that acts a as a market
                                                                                                               maker pursuant to Chapter XI of BZX Rules.            the tables, including test statistics, (c)
                                                    II. Self-Regulatory Organization’s                            5 ETP is defined in Interpretation and Policy      the statistical significance levels of any
                                                    Statement of the Purpose of, and                           .03(b)(4) to Rule 11.8.                               test statistics and (d) other statistical or
                                                                                                                  6 See Securities Exchange Act Release No. 72692
                                                    Statutory Basis for, the Proposed Rule                                                                           qualitative information that may
                                                                                                               (July 28, 2014), 79 FR 44908 (August 1, 2014) (SR–
                                                    Change                                                     BATS–2014–022) (‘‘CLP Approval Order’’).
                                                                                                                                                                     enhance the usefulness of the
                                                                                                                  7 See id at 44909.                                 Assessment Report as a basis for
                                                      In its filing with the Commission, the                      8 Id.                                              evaluating the performance of the
                                                    Exchange included statements                                  9 See Securities Exchange Act Release No. 75518    program. The Assessment Report would
                                                    concerning the purpose of and basis for                    (July 24, 2015), 80 FR 45566 (July 30, 2015 (SR–      present statistics on product
                                                    the proposed rule change and discussed                     BATS–2015–55).
                                                                                                                  10 See Securities Exchange Act Release No. 76293
                                                                                                                                                                     performance relative to the performance
                                                    any comments it received on the                            (October 28, 2015), 80 FR 67808 (November 3, 2015)    of comparable or other suitable
                                                    proposed rule change. The text of these                    (SR–BATS–2015–96).                                    benchmark products (including test
                                                    statements may be examined at the                             11 See Securities Exchange Act Release No. 77033
                                                                                                                                                                     statistics that permit the reader to
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    places specified in Item IV below. The                     (February 2, 2016), 81 FR 6558 (February 8, 2016)     evaluate the statistical significance of
                                                                                                               (SR–BATS–2016–12).
                                                    Exchange has prepared summaries, set                          12 See Securities Exchange Act Release No. 77721   any differences reported or discussed in
                                                    forth in Sections A, B, and C below, of                    (April 27, 2016), 81 FR 26591 (May 3, 2016) (SR-      the report), along with information on
                                                    the most significant parts of such                         BatsBZX–2016–11).                                     the procedures that were used to
                                                                                                                  13 See Securities Exchange Act Release No. 78454
                                                    statements.                                                                                                      identify those comparable or benchmark
                                                                                                               (August 2, 2016), 81 FR 52494 (August 8, 2016) (SR-
                                                                                                               BatsBZX–2016–46).                                     products, the characteristics of each
                                                      1 15   U.S.C. 78s(b)(1).                                    14 See Securities Exchange Act Release No. 79222   comparable or benchmark products, the
                                                      2 17   CFR 240.19b–4.                                    (November 2, 2016) (SR-BatsBZX–2016–71).              characteristics of each product that is


                                               VerDate Sep<11>2014      18:09 Nov 18, 2016   Jkt 241001   PO 00000   Frm 00125   Fmt 4703   Sfmt 4703   E:\FR\FM\21NON1.SGM   21NON1


                                                                                  Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Notices                                                     83321

                                                    the focus of the pilot, the procedures                     B. Self-Regulatory Organization’s                     such shorter time as the Commission
                                                    used in selecting the time horizon of the                  Statement on Burden on Competition                    may designate, it has become effective
                                                    sample and the sensitivity of reported                        The Exchange does not believe that                 pursuant to Section 19(b)(3)(A) of the
                                                    statistics to changes in the time horizon                  the proposed rule change will impose                  Act 19 and paragraph (f)(6) of Rule 19b–
                                                    of the sample.                                             any burden on competition that is not                 4 thereunder.20 The Exchange has given
                                                                                                               necessary or appropriate in furtherance               the Commission written notice of its
                                                       As such, the Exchange believes that it
                                                                                                               of the purposes of the Act. The                       intent to file the proposed rule change,
                                                    is appropriate to extend the current
                                                                                                                                                                     along with a brief description and text
                                                    operation of the Program in order to                       proposed rule change extends an
                                                                                                                                                                     of the proposed rule change at least five
                                                    allow the Exchange to gather additional                    established pilot period until July 31,
                                                                                                                                                                     business days prior to the date of filing
                                                    data related to the Program as the                         2017, thus allowing the Program to
                                                                                                                                                                     of the proposed rule change, or such
                                                    Program continues to operate and the                       enhance competition in both the listings
                                                                                                                                                                     shorter time as designated by the
                                                    Exchange prepares the Assessment                           market and in competition for market
                                                                                                                                                                     Commission.
                                                    Report. Through this filing, the                           makers. The Program will continue to                     A proposed rule change filed under
                                                    Exchange seeks to extend the current                       promote competition in the listings                   Rule 19b-4(f)(6) normally does not
                                                    pilot period of the Program until July                     market by providing issuers with a                    become operative before 30 days from
                                                    31, 2017.                                                  vehicle for paying the Exchange                       the date of the filing. However, pursuant
                                                                                                               additional fees in exchange for                       to Rule 19b–4(f)(6)(iii),21 the
                                                    2. Statutory Basis                                         incentivizing tighter spreads and deeper              Commission may designate a shorter
                                                                                                               liquidity in listed securities and allow              time if such action is consistent with the
                                                       The Exchange believes that its                          the Exchange to continue to compete
                                                    proposal is consistent with the                                                                                  protection of investors and the public
                                                                                                               with similar programs at Nasdaq Stock                 interest.
                                                    requirements of the Act and the rules                      Market LLC 17 and NYSE Arca Equities,                    The Exchange has asked the
                                                    and regulations thereunder that are                        Inc.18                                                Commission to waive the 30-day
                                                    applicable to a national securities                           The Exchange also believes that                    operative delay. The Exchange asserts
                                                    exchange, and, in particular, with the                     extending the pilot period will allow the             that waiver of the operative delay will
                                                    requirements of Section 6(b) of the                        Program to continue to enhance                        allow the Exchange to extend the
                                                    Act.15 In particular, the Exchange                         competition among market participants                 Program prior to its expiration on
                                                    believes the proposed change furthers                      by creating incentives for market makers              November 4, 2016, which will ensure
                                                    the objectives of Section 6(b)(5) of the                   to compete to make better quality                     that the Program continues to operate
                                                    Act,16 in that it is designed to prevent                   markets. By continuing to require that                uninterrupted while the Exchange and
                                                    fraudulent and manipulative acts and                       market makers both meet the quoting                   the Commission continue to analyze
                                                    practices, to promote just and equitable                   requirements and also compete for the                 data regarding the Program.22 The
                                                    principles of trade, to foster cooperation                 daily financial incentives, the quality of            Exchange represents that extending the
                                                    and coordination with persons engaged                      quotes on the Exchange will continue to               pilot period will allow the Exchange to
                                                    in facilitating transactions in securities,                improve. This, in turn, will attract more             gather additional data related to the
                                                    and to remove impediments to and                           liquidity to the Exchange and further                 Program to better assess the effect of the
                                                    perfect the mechanism of a free and                        improve the quality of trading in                     Program on the public price discovery
                                                    open market and a national market                          exchange-listed securities participating              process and market structure, generally,
                                                    system. The Exchange believes that                         in the Program, which will also act to                as part of its preparation of the
                                                    extending the pilot period for the                         bolster the Exchange’s listing business.              Assessment Report. According to the
                                                    Program is consistent with these                           C. Self-Regulatory Organization’s                     Exchange, prior to the end of the pilot
                                                    principles because the Program is                                                                                period ending July 31, 2017, the
                                                                                                               Statement on Comments on the
                                                    reasonably designed to enhance quote                                                                             Exchange will post the Assessment
                                                                                                               Proposed Rule Change Received From
                                                    competition, improve liquidity in                                                                                Report on its Web site three months
                                                                                                               Members, Participants, or Others
                                                    securities listed on the Exchange,                                                                               before the end of the pilot period or at
                                                                                                                 The Exchange has not solicited, and                 the time it files to terminate the pilot,
                                                    support the quality of price discovery,
                                                                                                               does not intend to solicit, comments on               whichever comes first. Based on these
                                                    promote market transparency, and
                                                                                                               this proposed rule change. The                        representations, the Commission
                                                    increase competition for listings and                      Exchange has not received any written                 believes that waiving the 30-day
                                                    trade executions, while reducing                           comments from Members or other                        operative delay is consistent with the
                                                    spreads and transaction costs in such                      interested parties.                                   protection of investors and the public
                                                    securities. Maintaining and increasing                                                                           interest. Therefore, the Commission
                                                    liquidity in Exchange-listed securities                    III. Date of Effectiveness of the
                                                                                                                                                                     hereby waives the 30-day operative
                                                    will help raise investors’ confidence in                   Proposed Rule Change and Timing for
                                                                                                                                                                     delay and designates the proposed rule
                                                    the fairness of the market and their                       Commission Action
                                                                                                                                                                     change to be operative upon filing with
                                                    transactions. Further, the Exchange                           Because the foregoing proposed rule                the Commission.23
                                                    believes that extending the pilot period                   change does not: (A) Significantly affect
                                                    will allow the Exchange to gather                          the protection of investors or the public               19 15  U.S.C. 78s(b)(3)(A).
                                                    additional data related to the Program as                  interest; (B) impose any significant                    20 17  CFR 240.19b–4.
                                                    the Program continues to operate in                        burden on competition; and (C) by its                   21 17 CFR 240.19b–4(f)(6)(iii).
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                       22 The Commission notes that, on November 4,
                                                    order to better assess the effect of the                   terms, become operative for 30 days
                                                                                                                                                                     2016, the Exchange filed a similar rule filing (SR–
                                                    Program on the public price discovery                      from the date on which it was filed or                BatsBZX–2016–74) proposing to extend the
                                                    process and market structure generally                                                                           Program to July 31, 2017. The Exchange withdrew
                                                    as part of its preparation of the                            17 See Securities Exchange Act Release No. 69195    that filing on November 7, 2016, and filed this
                                                    Assessment Report.                                         (March 20, 2013), 78 FR 18393 (March 26, 2013)        proposed rule filing on the same day.
                                                                                                               (SR–NASDAQ–2012–137).                                   23 For purposes only of waiving the operative
                                                                                                                 18 See Securities Exchange Act Release No. 69335    delay for this proposal, the Commission has
                                                      15 15   U.S.C. 78f(b).                                   (April 5, 2013), 78 FR 35340 (June 12, 2013) (SR–     considered the proposed rule’s impact on
                                                      16 15   U.S.C. 78f(b)(5).                                NYSEARCA–2013–34).                                                                                Continued




                                               VerDate Sep<11>2014      18:09 Nov 18, 2016   Jkt 241001   PO 00000   Frm 00126   Fmt 4703   Sfmt 4703   E:\FR\FM\21NON1.SGM    21NON1


                                                    83322                      Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Notices

                                                       At any time within 60 days of the                    submissions. You should submit only                   the opening of the market.6 As is the
                                                    filing of the proposed rule change, the                 information that you wish to make                     case today, rejected quotes will not be
                                                    Commission summarily may                                available publicly. All submissions                   considered when determining a Market
                                                    temporarily suspend such rule change if                 should refer to File No. SR–BatsBZX–                  Maker’s quoting obligations.7
                                                    it appears to the Commission that such                  2016–75 and should be submitted on or                   The Exchange also proposes to amend
                                                    action is: (1) Necessary or appropriate in              before December 12, 2016.                             the treatment of incoming quotes after
                                                    the public interest; (2) for the protection               For the Commission, by the Division of              they interact with the Price
                                                    of investors; or (3) otherwise in                       Trading and Markets, pursuant to delegated            Improvement Period (‘‘PIP’’).8
                                                    furtherance of the purposes of the Act.                 authority.24
                                                                                                                                                                  Currently, when an incoming quote is
                                                    IV. Solicitation of Comments                            Brent J. Fields,                                      on the same side as a PIP Order, it may
                                                                                                            Secretary.                                            cause the PIP auction to end early, if, at
                                                      Interested persons are invited to
                                                                                                            [FR Doc. 2016–27892 Filed 11–18–16; 8:45 am]          the time of submission, the price of the
                                                    submit written data, views and
                                                    arguments concerning the foregoing,                     BILLING CODE 8011–01–P                                incoming quote would cause an
                                                    including whether the proposal is                                                                             execution to occur prior to the end of
                                                    consistent with the Act. Comments may                                                                         the PIP.9 Under the proposal, the
                                                                                                            SECURITIES AND EXCHANGE                               incoming quote will continue to cause
                                                    be submitted by any of the following
                                                                                                            COMMISSION                                            the PIP auction to end early if the
                                                    methods:
                                                                                                            [Release No. 34–79311; File No. SR–BOX–               conditions of Rule 7150(i) exist.
                                                    Electronic Comments
                                                                                                            2016–45]                                              However, after the PIP auction is
                                                      • Use the Commission’s Internet                                                                             concluded, if the incoming quote is
                                                    comment form (http://www.sec.gov/                       Self-Regulatory Organizations; BOX                    executable against resting orders or
                                                    rules/sro.shtml); or                                    Options Exchange LLC; Order                           quotes on the BOX Book, it will be
                                                      • Send an email to rule-                              Approving a Proposed Rule Change To                   rejected. Additionally, currently, when
                                                    comments@sec.gov. Please include File                   Amend the Treatment of Quotes To                      an incoming quote on the opposite side
                                                    No. SR–BatsBZX–2016–75 on the                           Provide That All Quotes on BOX Are                    of the PIP Order is received such that it
                                                    subject line.                                           Liquidity Adding Only                                 would cause an execution to occur prior
                                                    Paper Comments                                          November 15, 2016.                                    to the end of the PIP auction, the
                                                       • Send paper comments in triplicate                                                                        incoming quote will be immediately
                                                                                                            I. Introduction
                                                    to Secretary, Securities and Exchange
                                                    Commission, 100 F Street NE.,                              On September 13, 2016, BOX Options                    6 Transactions occurring on the opening are

                                                                                                            Exchange LLC (‘‘BOX’’ or ‘‘Exchange’’)                deemed to neither add nor remove liquidity and
                                                    Washington, DC 20549–1090.                                                                                    therefore are exempt from the liquidity fees and
                                                    All submissions should refer to File No.                filed with the Securities and Exchange                credits on the Exchange. See Section II.C. of the
                                                    SR–BatsBZX–2016–75. This file number                    Commission (‘‘Commission’’), pursuant                 BOX Fee Schedule.
                                                    should be included on the subject line                  to Section 19(b)(1) of the Securities                    7 On a daily basis, a Market Maker must, during


                                                    if email is used. To help the                           Exchange Act of 1934 (‘‘Act’’) 1 and Rule             regular market hours, make markets and enter into
                                                                                                            19b–4 thereunder,2 a proposed rule                    any resulting transactions consistent with the
                                                    Commission process and review your                                                                            applicable quoting requirements, such that on a
                                                    comments more efficiently, please use                   change to amend the treatment of quotes               daily basis a Market Maker must post valid quotes
                                                    only one method. The Commission will                    to provide that all quotes on BOX are                 at least sixty percent (60%) of the time that the
                                                    post all comments on the Commission’s                   liquidity adding only. The proposed                   classes are open for trading. These obligations apply
                                                                                                            rule change was published for comment                 to all of the Market Maker’s appointed classes
                                                    Internet Web site (http://www.sec.gov/                                                                        collectively, rather than on a class-by-class basis.
                                                    rules/sro.shtml). Copies of the                         in the Federal Register on October 3,                 See Exchange Rule 8050(e); see also Exchange Rule
                                                    submission, all subsequent                              2016.3 The Commission received no                     8040.
                                                    amendments, all written statements                      comments on the proposal. This order                     8 Options Participants, both Order Flow Providers

                                                                                                            approves the proposed rule change.                    and Market Makers, executing agency orders may
                                                    with respect to the proposed rule                                                                             designate Market Orders and marketable limit
                                                    change that are filed with the                          II. Description of the Proposal                       Customer Orders for price improvement and
                                                    Commission, and all written                                                                                   submission to the PIP. Customer Orders designated
                                                                                                               The Exchange proposes to amend the                 for the PIP (‘‘PIP Orders’’) shall be submitted to
                                                    communications relating to the
                                                                                                            treatment of incoming quotes to BOX so                BOX with a matching contra order equal to the full
                                                    proposed rule change between the                                                                              size of the PIP Order. See Exchange Rule 7150.
                                                                                                            that they are only accepted if they are
                                                    Commission and any person, other than                                                                            9 Specifically, the submission to BOX of a Market
                                                                                                            liquidity adding.4 Under the Exchange’s
                                                    those that may be withheld from the                                                                           Order on the same side as a PIP Order will
                                                                                                            proposed rule change, if an incoming                  prematurely terminate the PIP when, at the time of
                                                    public in accordance with the
                                                                                                            quote or quote update is marketable                   the submission of the Market Order, the best
                                                    provisions of 5 U.S.C. 552, will be                                                                           Improvement Order is equal to or better than the
                                                                                                            because it would execute against a
                                                    available for Web site viewing and                                                                            NBBO on the same side of the market as the best
                                                                                                            resting order or quote on the BOX
                                                    printing in the Commission’s Public                                                                           Improvement Order. The submission to BOX of an
                                                                                                            Book,5 it will be rejected. The Exchange              executable Limit Order or generation of an
                                                    Reference Room, 100 F Street NE.,
                                                                                                            will not reject incoming quotes during                executable Legging Order on the same side as a PIP
                                                    Washington, DC 20549, on official                                                                             Order will prematurely terminate the PIP if at the
                                                    business days between the hours of                        24 17 CFR 200.30–3(a)(12).                          time of submission: (1) The Buy (Sell) Limit Order
                                                    10:00 a.m. and 3:00 p.m. Copies of such                   1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                  or Legging Order price is equal to or higher (lower)
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    filing will also be available for                         2 17 CFR 240.19b–4.
                                                                                                                                                                  than the National Best Offer (Bid) and either: (i) The
                                                                                                                                                                  BOX Best Offer (Bid) is equal to the National Best
                                                    inspection and copying at the principal                   3 See Securities Exchange Act Release No. 78946
                                                                                                                                                                  Offer (Bid); or (ii) the BOX Best Offer (Bid) is higher
                                                    office of the Exchange. All comments                    (Septemeber 27, 2016), 81 FR 68069 (October 3,        (lower) than the National Best Offer (Bid) and the
                                                    received will be posted without change;                 2016) (‘‘Notice’’).                                   price of the best Improvement Order is equal to or
                                                                                                              4 See Notice, supra note 3 (proposing a new IM–
                                                    the Commission does not edit personal                                                                         lower (higher) than the National Best Offer (Bid); or
                                                                                                            8050–3 to Exchange Rule 8050).                        (2) the Buy (Sell) Limit Order or Legging Order
                                                    identifying information from                              5 The term ‘‘Central Order Book’’ or ‘‘BOX Book’’   price is lower (higher) than the National Best Offer
                                                                                                            means the electronic book of orders on each single    (Bid) and its limit price equals or crosses the price
                                                    efficiency, competition, and capital formation. See     option series maintained by the BOX Trading Host.     of the best Improvement Order. See Exchange Rule
                                                    15 U.S.C. 78c(f).                                       See Exchange Rule 100(a)(10).                         7150(i).



                                               VerDate Sep<11>2014   18:09 Nov 18, 2016   Jkt 241001   PO 00000   Frm 00127   Fmt 4703   Sfmt 4703   E:\FR\FM\21NON1.SGM   21NON1



Document Created: 2018-02-14 08:34:01
Document Modified: 2018-02-14 08:34:01
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 83320 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR