81 FR 87112 - Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Make a Ministerial Change to Exchange Rules 11.10, 11.14, and 11.21
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 232 (December 2, 2016)
Federal Register Volume 81, Issue 232 (December 2, 2016)
| Page Range | 87112-87113 | |
| FR Document | 2016-28934 |
[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)] [Notices] [Pages 87112-87113] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28934] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-79412; File No. SR-BatsEDGA-2016-28] Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Make a Ministerial Change to Exchange Rules 11.10, 11.14, and 11.21 November 28, 2016. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on November 17, 2016, Bats EDGA Exchange, Inc. (the ``Exchange'' or ``EDGA'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Exchange has designated this proposal as a ``non-controversial'' proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b- 4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange filed a proposal to make a ministerial change to Exchange Rules 11.10(a)(4)(D), 11.14(g)(4), and 11.21(a)(7)(A)(i)(2). The text of the proposed rule change is available at the Exchange's Web site at www.batstrading.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to make a ministerial change to Exchange Rules 11.10(a)(4)(D), 11.14(g)(4), and 11.21(a)(7)(A)(i)(2). First, the Exchange proposes to amend Rule 11.10(a)(4)(D) to correct a typographical error by replacing EDGX with EDGA. Second, the Exchange proposes to remove an erroneous reference to Rule 11.12 within Rule 11.14(g)(4). The Exchange notes that it previously revised Chapter XI of its rules, including the [[Page 87113]] renumbering of current Rule 11.14, Limitation of Liability, which was previously Rule 11.12.\5\ However, it failed at that time to update the rule reference within Rule 11.14(g)(4) from 11.12 to 11.14. The Exchange now proposes to delete this erroneous rule reference within Rule 11.14(g)(4) as reference to rule is not integral or necessary to the meaning or application of Rule 11.14 generally. Lastly, the Exchange proposes to amend Rule 11.21(a)(7)(A)(i)(2) to correct a typographical error by replacing the phrase ``one of more'' with ``one or more''. --------------------------------------------------------------------------- \5\ See Securities Exchange Act Release No. 72812 (August 11, 2014), 79 FR 48823 (August 18, 2014) (SR-EDGA-2014-20). --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act \6\ in general, and furthers the objectives of Section 6(b)(5) of the Act \7\ in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest. The Exchange believes the proposed changes to Exchange Rules 11.10(a)(4)(D), 11.14(g)(4) and 11.21(a)(7)(A)(i)(2) will provide clarity to the Exchange's rules and avoid potential investor confusion. The Exchange notes that neither change alters the meaning or application of each rule. As such, the proposed amendments would foster cooperation and coordination with persons engaged in facilitating transactions in securities and would remove impediments to and perfect the mechanism of a free and open market and a national market system. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78f(b). \7\ 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. On the contrary, the proposed rule change will have no impact on competition as it simply corrects a typographical error, and removes erroneous and irrelevant rule text while not altering the meaning or application of each rule. 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: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A)(iii) of the Act \8\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\9\ --------------------------------------------------------------------------- \8\ 15 U.S.C. 78s(b)(3)(a)(iii). \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. --------------------------------------------------------------------------- At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) of the Act \10\ to determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \10\ 15 U.S.C. 78s(b)(2)(B). --------------------------------------------------------------------------- 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 CommentsUse 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-BatsEDGA-2016-28 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-BatsEDGA-2016-28. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BatsEDGA-2016-28, and should be submitted on or before December 23, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\11\ Robert W. Errett, Deputy Secretary. --------------------------------------------------------------------------- \11\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- [FR Doc. 2016-28934 Filed 12-1-16; 8:45 am] BILLING CODE 8011-01-P
![87112 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices
perfecting the mechanism of a free and All submissions should refer to File notice is hereby given that on November
open market and a national market Number SR–BatsEDGX–2016–66. This 17, 2016, Bats EDGA Exchange, Inc. (the
system, and, in general, protecting file number should be included on the ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
investors and the public interest. subject line if email is used. To help the Securities and Exchange Commission
Commission process and review your (‘‘Commission’’) the proposed rule
B. Self-Regulatory Organization’s
comments more efficiently, please use change as described in Items I and II
Statement on Burden on Competition
only one method. The Commission will below, which Items have been prepared
The Exchange does not believe that post all comments on the Commission’s by the Exchange. The Exchange has
the proposed rule change will result in Internet Web site (http://www.sec.gov/ designated this proposal as a ‘‘non-
any burden on competition that is not rules/sro.shtml). Copies of the controversial’’ proposed rule change
necessary or appropriate in furtherance submission, all subsequent pursuant to Section 19(b)(3)(A) of the
of the purposes of the Act, as amended. amendments, all written statements Act 3 and Rule 19b–4(f)(6)(iii)
To the contrary, the Exchange believes with respect to the proposed rule thereunder,4 which renders it effective
that the [sic] will not impose any change that are filed with the upon filing with the Commission. The
burden on competition as the changes Commission, and all written Commission is publishing this notice to
are purely clerical and do not amend communications relating to the solicit comments on the proposed rule
and [sic] fee or rebate. proposed rule change between the change from interested persons.
C. Self-Regulatory Organization’s Commission and any person, other than
I. Self-Regulatory Organization’s
Statement on Comments on the those that may be withheld from the
Statement of the Terms of Substance of
Proposed Rule Change Received From public in accordance with the
the Proposed Rule Change
Members, Participants, or Others provisions of 5 U.S.C. 552, will be
available for Web site viewing and The Exchange filed a proposal to
The Exchange has not solicited, and printing in the Commission’s Public make a ministerial change to Exchange
does not intend to solicit, comments on Reference Room, 100 F Street NE., Rules 11.10(a)(4)(D), 11.14(g)(4), and
this proposed rule change. The Washington, DC 20549 on official 11.21(a)(7)(A)(i)(2).
Exchange has not received any written business days between the hours of The text of the proposed rule change
comments from members or other 10:00 a.m. and 3:00 p.m. Copies of such is available at the Exchange’s Web site
interested parties. filing also will be available for at www.batstrading.com, at the
III. Date of Effectiveness of the inspection and copying at the principal principal office of the Exchange, and at
Proposed Rule Change and Timing for office of the Exchange. All comments the Commission’s Public Reference
Commission Action received will be posted without change; Room.
the Commission does not edit personal II. Self-Regulatory Organization’s
The foregoing rule change has become
identifying information from Statement of the Purpose of, and
effective pursuant to Section 19(b)(3)(A)
submissions. You should submit only Statutory Basis for, the Proposed Rule
of the Act 8 and paragraph (f) of Rule
information that you wish to make Change
19b–4 thereunder.9 At any time within
available publicly. All submissions
60 days of the filing of the proposed rule In its filing with the Commission, the
should refer to File Number SR–
change, the Commission summarily may Exchange included statements
BatsEDGX–2016–66, and should be
temporarily suspend such rule change if concerning the purpose of and basis for
submitted on or before December 23,
it appears to the Commission that such the proposed rule change and discussed
2016.
action is necessary or appropriate in the any comments it received on the
public interest, for the protection of For the Commission, by the Division of proposed rule change. The text of these
investors, or otherwise in furtherance of Trading and Markets, pursuant to delegated statements may be examined at the
authority.10
the purposes of the Act. places specified in Item IV below. The
Robert W. Errett,
IV. Solicitation of Comments Exchange has prepared summaries, set
Deputy Secretary. forth in Sections A, B, and C below, of
Interested persons are invited to [FR Doc. 2016–28933 Filed 12–1–16; 8:45 am] the most significant parts of such
submit written data, views, and BILLING CODE 8011–01–P statements.
arguments concerning the foregoing,
including whether the proposed rule A. Self-Regulatory Organization’s
change is consistent with the Act. SECURITIES AND EXCHANGE Statement of the Purpose of, and the
Comments may be submitted by any of COMMISSION Statutory Basis for, the Proposed Rule
the following methods: Change
[Release No. 34–79412; File No. SR–
Electronic Comments BatsEDGA–2016–28] 1. Purpose
• Use the Commission’s Internet The Exchange proposes to make a
Self-Regulatory Organizations; Bats
comment form (http://www.sec.gov/ ministerial change to Exchange Rules
EDGA Exchange, Inc.; Notice of Filing
rules/sro.shtml); or 11.10(a)(4)(D), 11.14(g)(4), and
and Immediate Effectiveness of a
• Send an email to rule-comments@ 11.21(a)(7)(A)(i)(2). First, the Exchange
Proposed Rule Change To Make a
sec.gov. Please include File Number SR– proposes to amend Rule 11.10(a)(4)(D)
Ministerial Change to Exchange Rules
BatsEDGX–2016–66 on the subject line. to correct a typographical error by
11.10, 11.14, and 11.21
asabaliauskas on DSK3SPTVN1PROD with NOTICES
replacing EDGX with EDGA. Second,
Paper Comments November 28, 2016. the Exchange proposes to remove an
• Send paper comments in triplicate Pursuant to Section 19(b)(1) of the erroneous reference to Rule 11.12
to Secretary, Securities and Exchange Securities Exchange Act of 1934 (the within Rule 11.14(g)(4). The Exchange
Commission, 100 F Street NE., ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notes that it previously revised Chapter
Washington, DC 20549–1090. XI of its rules, including the
10 17 CFR 200.30–3(a)(12).
8 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f). 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(6)(iii).
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![Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices 87113
renumbering of current Rule 11.14, C. Self-Regulatory Organization’s Paper Comments
Limitation of Liability, which was Statement on Comments on the
previously Rule 11.12.5 However, it Proposed Rule Change Received From • Send paper comments in triplicate
failed at that time to update the rule Members, Participants, or Others to Secretary, Securities and Exchange
reference within Rule 11.14(g)(4) from Commission, 100 F Street NE.,
The Exchange has not solicited, and Washington, DC 20549–1090.
11.12 to 11.14. The Exchange now does not intend to solicit, comments on
proposes to delete this erroneous rule this proposed rule change. The All submissions should refer to File
reference within Rule 11.14(g)(4) as Exchange has not received any written Number SR-BatsEDGA–2016–28. This
reference to rule is not integral or comments from members or other file number should be included on the
necessary to the meaning or application interested parties. subject line if email is used. To help the
of Rule 11.14 generally. Lastly, the Commission process and review your
Exchange proposes to amend Rule III. Date of Effectiveness of the
Proposed Rule Change and Timing for comments more efficiently, please use
11.21(a)(7)(A)(i)(2) to correct a only one method. The Commission will
Commission Action
typographical error by replacing the post all comments on the Commission’s
phrase ‘‘one of more’’ with ‘‘one or Because the foregoing proposed rule Internet Web site (http://www.sec.gov/
more’’. change does not: (i) Significantly affect rules/sro.shtml). Copies of the
the protection of investors or the public submission, all subsequent
2. Statutory Basis interest; (ii) impose any significant amendments, all written statements
The Exchange believes that its burden on competition; and (iii) become with respect to the proposed rule
proposal is consistent with Section 6(b) operative for 30 days from the date on change that are filed with the
which it was filed, or such shorter time Commission, and all written
of the Act 6 in general, and furthers the
as the Commission may designate, it has
objectives of Section 6(b)(5) of the Act 7 communications relating to the
become effective pursuant to Section
in particular, in that it is designed to proposed rule change between the
19(b)(3)(A)(iii) of the Act 8 and
promote just and equitable principles of Commission and any person, other than
subparagraph (f)(6) of Rule 19b–4
trade, to remove impediments to and thereunder.9 those that may be withheld from the
perfect the mechanism of a free and public in accordance with the
At any time within 60 days of the
open market and a national market filing of such proposed rule change, the provisions of 5 U.S.C. 552, will be
system, and, in general to protect Commission summarily may available for Web site viewing and
investors and the public interest. The temporarily suspend such rule change if printing in the Commission’s Public
Exchange believes the proposed changes it appears to the Commission that such Reference Room, 100 F Street NE.,
to Exchange Rules 11.10(a)(4)(D), action is necessary or appropriate in the Washington, DC 20549, on official
11.14(g)(4) and 11.21(a)(7)(A)(i)(2) will public interest, for the protection of business days between the hours of
provide clarity to the Exchange’s rules investors, or otherwise in furtherance of 10:00 a.m. and 3:00 p.m. Copies of the
and avoid potential investor confusion. the purposes of the Act. If the filing also will be available for
The Exchange notes that neither change Commission takes such action, the inspection and copying at the principal
alters the meaning or application of Commission shall institute proceedings office of the Exchange. All comments
each rule. As such, the proposed under Section 19(b)(2)(B) of the Act 10 to received will be posted without change;
amendments would foster cooperation determine whether the proposed rule the Commission does not edit personal
and coordination with persons engaged change should be approved or identifying information from
in facilitating transactions in securities disapproved. submissions. You should submit only
and would remove impediments to and IV. Solicitation of Comments information that you wish to make
perfect the mechanism of a free and available publicly. All submissions
open market and a national market Interested persons are invited to should refer to File Number SR-
system. submit written data, views, and BatsEDGA–2016–28, and should be
arguments concerning the foregoing, submitted on or before December 23,
B. Self-Regulatory Organization’s including whether the proposed rule 2016.
Statement on Burden on Competition change is consistent with the Act.
Comments may be submitted by any of For the Commission, by the Division of
The Exchange does not believe that the following methods: Trading and Markets, pursuant to delegated
the proposed rule change will impose authority.11
any burden on competition that is not Electronic Comments Robert W. Errett,
necessary or appropriate in furtherance • Use the Commission’s Internet Deputy Secretary.
of the purposes of the Act. On the comment form (http://www.sec.gov/ [FR Doc. 2016–28934 Filed 12–1–16; 8:45 am]
contrary, the proposed rule change will rules/sro.shtml); or BILLING CODE 8011–01–P
have no impact on competition as it • Send an email to rule-comments@
simply corrects a typographical error, sec.gov. Please include File Number SR–
and removes erroneous and irrelevant BatsEDGA–2016–28 on the subject line.
rule text while not altering the meaning
asabaliauskas on DSK3SPTVN1PROD with NOTICES
or application of each rule. 8 15 U.S.C. 78s(b)(3)(a)(iii).
9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
5 See Securities Exchange Act Release No. 72812 the proposed rule change at least five business days
prior to the date of filing of the proposed rule
(August 11, 2014), 79 FR 48823 (August 18, 2014) change, or such shorter time as designated by the
(SR–EDGA–2014–20). Commission. The Exchange has satisfied this
6 15 U.S.C. 78f(b).
requirement.
7 15 U.S.C. 78f(b)(5). 10 15 U.S.C. 78s(b)(2)(B). 11 17 CFR 200.30–3(a)(12).
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Document Created: 2018-02-14 09:01:57
Document Modified: 2018-02-14 09:01:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 87112 |
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