81_FR_94687 81 FR 94440 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.9, Orders and Modifiers, and Rule 11.13, Order Execution and Routing, To Enhance the Exchange's Midpoint Routing Functionality

81 FR 94440 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.9, Orders and Modifiers, and Rule 11.13, Order Execution and Routing, To Enhance the Exchange's Midpoint Routing Functionality

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 247 (December 23, 2016)

Page Range94440-94442
FR Document2016-30947

Federal Register, Volume 81 Issue 247 (Friday, December 23, 2016)
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Pages 94440-94442]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30947]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79603; File No. SR-BatsBYX-2016-41]


Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Rule 11.9, Orders and Modifiers, and Rule 11.13, Order Execution and 
Routing, To Enhance the Exchange's Midpoint Routing Functionality

December 19, 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 December 16, 2016, Bats BYX Exchange, Inc. (the ``Exchange'' or 
``BYX'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated this proposal as a ``non-controversial'' 
proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and 
Rule 19b-4(f)(6)(iii) thereunder,\4\ which renders it effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 11.9, Orders and 
Modifiers, and Rule 11.13, Order Execution and Routing, to enhance the 
Exchange's midpoint routing functionality.
    The text of the proposed rule change is available at the Exchange's 
Web site at www.bats.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

[[Page 94441]]

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
    The Exchange proposes to amend Rule 11.9, Orders and Modifiers, and 
Rule 11.13, Order Execution and Routing, to enhance the Exchange's 
midpoint routing functionality. Specifically, the Exchange proposes to 
amend Rule 11.13(b)(3)(Q) to adopt a new midpoint routing strategy 
known as RMPL. The Exchange also proposes to amend Rule 11.9(c)(9) to 
expand the routing strategies that Mid-Point Peg Orders may be coupled 
with to include the Destination Specific routing strategy described 
under Rule 11.13(b)(3)(E) and the proposed RMPL routing strategy 
described below.
RMPL Routing Strategy
    The Exchange proposes to amend Rule 11.13(b)(3)(Q) to adopt a new 
midpoint routing strategy known as RMPL. Currently, the Exchange offers 
the RMPT routing strategy, which is described under Rule 
11.13(b)(3)(Q). RMPT is a routing strategy under which a Mid-Point Peg 
Order \5\ checks the System \6\ for available shares and any remaining 
shares are then sent to destinations on the System routing table \7\ 
that support midpoint eligible orders. If any shares remain unexecuted 
after routing, they are posted on the BYX Book \8\ as a Mid-Point Peg 
Order, unless otherwise instructed by the User.\9\
---------------------------------------------------------------------------

    \5\ In sum, a Mid-Point Peg Order is a limit order that after 
entry into the System, the price of the order is automatically 
adjusted by the System in response to changes in the NBBO to be 
pegged to the mid-point of the NBBO, or, alternatively, pegged to 
the less aggressive of the midpoint of the NBBO or one minimum price 
variation inside the same side of the NBBO as the order. See 
Exchange Rule 11.9(c)(9).
    \6\ The term ``System'' is defined as ``the electronic 
communications and trading facility designated by the Board through 
which securities orders of Users are consolidated for ranking, 
execution and, when applicable, routing away.'' See Exchange Rule 
1.5(aa).
    \7\ The term ``System routing table'' refers to the proprietary 
process for determining the specific trading venues to which the 
System routes orders and the order in which it routes them. See 
Exchange Rule 11.13(b)(3). While the process for determining the 
specific trading venues to which orders are routed is proprietary, 
the Exchange publicly discloses the trading venues associated with 
each routing strategy via its Web site at http://cdn.batstrading.com/resources/features/bats_exchange_routing-strategies.pdf.
    \8\ The term ``BYX Book'' is defined as the ``System's 
electronic file of orders.'' See Exchange Rule 1.5(e).
    \9\ The term ``User'' is defined as ``any Member or Sponsored 
Participant who is authorized to obtain access to the System 
pursuant to Rule 11.3.'' See Exchange Rule 1.5(cc).
---------------------------------------------------------------------------

    The Exchange now proposes RMPL as an alternative to the RMPT 
routing strategy for those seeking to route Mid-Point Peg Orders to 
destinations that support midpoint eligible executions that are not 
included under the current RMPT routing strategy. Like RMPT, RMPL would 
be a routing strategy under which a Mid-Point Peg Order checks the 
System for available shares and any remaining shares are then sent to 
destinations on the System routing table that support midpoint eligible 
orders. If any shares remain unexecuted after routing, they are posted 
on the BYX Book as a Mid-Point Peg Order, unless otherwise instructed 
by the User. As it does for RMPT, the Exchange would determine via the 
System routing table the specific trading venues that support midpoint 
eligible orders to which the System would route RMPL orders. While RMPL 
will operate in an identical manner as RMPT, the trading venues that 
each routing strategy would route to and the order in which it routes 
them will differ. As is the case for RMPT, the Exchange may alter the 
trading venues included under RMPL and the order in which they are 
routed to from time to time in accordance with its System routing 
table.\10\
---------------------------------------------------------------------------

    \10\ The Exchange notes that the trading venues to which other 
of its routing strategies route orders to are also determined in 
accordance with the System routing table. See e.g., Exchange Rule 
11.13(b)(3)(G) (listing a series of routing options whose 
destinations are determined by the System routing table, like the 
proposed revisions to Exchange Rule 11.13(b)(3)(Q)). See also 
subparagraphs (A), (B), (C), (D) and (I) of Exchange Rule 11.9(b)(3) 
[sic] (describing routing strategies that route orders to 
destinations on the System routing table).
---------------------------------------------------------------------------

    The Exchange proposes to revise Rule 11.13(b)(3)(Q) to describe 
both the RMPT and proposed RMPL routing strategies. As a result of 
these revision, the construct of paragraph (b)(3)(Q) of Rule 11.13 
would be similar to paragraph (b)(3)(G) of Rule 11.13, which also 
delineates routing strategies that include different sets of 
destinations as determined by the System routing table.
Mid-Point Peg Order Routing
    The Exchange also proposes to amend Rule 11.9(c)(9) to expand the 
routing strategies that Mid-Point Peg Orders may be coupled with. 
Currently, Exchange Rule 11.9(c)(9) states that Mid-Point Peg Orders 
are not eligible for routing pursuant to Rule 11.13 unless routed 
utilizing the RMPT routing strategy.\11\ The Exchange now proposes to 
amend Rule 11.9(c)(9) to expand the routing strategies that Mid-Point 
Peg Orders may be coupled with to include the Destination Specific 
routing strategy described under Rule 11.13(b)(3)(E) and the proposed 
RMPL routing strategy described above.
---------------------------------------------------------------------------

    \11\ The Exchange also proposes to amend the second to last 
sentence of Rule 11.9(c)(9) to correct an erroneous reference to 
Rule 11.13(a)(3)(Q) by replacing it with ``Rule 11.13(b)(3)''.
---------------------------------------------------------------------------

    Destination Specific is a routing option under which an order 
checks the System for available shares and then is sent to an away 
trading center or centers specified by the User.\12\ As proposed, a 
User entering a Mid-Point Peg Order may select the Destination Specific 
routing strategy to route such order to a specific trading center or 
center that supports midpoint executions after being exposed to the BYX 
Book. This differs from RMPT and the proposed RMPL routing strategies 
in that the destinations orders subject to the RMPT and RMPL routing 
strategies are selected by the Exchange via the System routing table 
and not the User itself.
---------------------------------------------------------------------------

    \12\ See Rule 11.13(b)(3)(E).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \13\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \14\ in particular, in that it is designed to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in facilitating transactions in 
securities, to remove impediments to and perfect the mechanism of a 
free and open market and a national market system and, in general, to 
protect investors and the public interest. The proposed rule change 
also is designed to support the principles of Section 11A(a)(1) \15\ of 
the Act in that it seeks to assure fair competition among brokers and 
dealers and among exchange markets. The proposed rule change promotes 
just and equitable principles of trade because it would enhance the 
Exchange's midpoint routing functionality and provide Users with 
greater flexibility in routing Mid-Point Peg Orders to trading venues 
that support midpoint executions. This would save such Users from 
developing complicated order routing strategies on their own. The 
Exchange believes that the proposed rule change will also accomplish 
those ends by providing market participants with an additional 
voluntary routing strategies and options that will enable

[[Page 94442]]

them to easily access midpoint liquidity available on the Exchange and 
other trading venues. The Exchange notes that routing through the 
Exchange is voluntary and those seeking to access midpoint liquidity on 
other trading venues may do so directly and without the involvement of 
the Exchange. Therefore, the Exchange believes the proposal removes 
impediments to and perfects the mechanism of a free and open market and 
a national market system, and, in general, protects investors and the 
public interest.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act, as amended. The 
Exchange provides routing services in a highly competitive market in 
which participants may avail themselves of a wide variety of routing 
options offered by self-regulatory organizations, alternative trading 
systems, other broker-dealers, market participants' own proprietary 
routing systems, and service bureaus. System enhancements, such as the 
changes proposed in this rule filing, do not burden competition, but 
rather encourage competition because they are designed to attract 
additional order flow to the Exchange through enhanced midpoint routing 
functionality. Such changes are intended to offer investors higher 
quality and better value than services offered by others. Encouraging 
competitors to provide higher quality and better value is the essence 
of a well-functioning competitive marketplace. Therefore, the Exchange 
does not believe the proposed rule change will result in any burden on 
intermarket competition that is not necessary or appropriate in 
furtherance of the purposes of the Act.

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

    No comments were solicited or received on the proposed rule change.

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 \16\ and 
paragraph (f)(6) of Rule 19b-4 thereunder,\17\ the Exchange has 
designated this rule filing as non-controversial. 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.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    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. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BatsBYX-2016-41 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsBYX-2016-41. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BatsBYX-2016-41, and should 
be submitted on or before January 13, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-30947 Filed 12-22-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  94440                       Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices

                                                  CUBE Pilot permanent would continue                     Paper Comments                                         SECURITIES AND EXCHANGE
                                                  to foster competition among liquidity                                                                          COMMISSION
                                                  providers and maintain execution                          • Send paper comments in triplicate
                                                                                                          to Brent J. Fields, Secretary, Securities              [Release No. 34–79603; File No. SR–
                                                  quality on the Exchange. The CUBE                                                                              BatsBYX–2016–41]
                                                  Auction for small orders, as modified                   and Exchange Commission, 100 F Street
                                                  herein, would continue to operate to                    NE., Washington, DC 20549–1090.                        Self-Regulatory Organizations; Bats
                                                  create tighter markets and ensure that                  All submissions should refer to File                   BYX Exchange, Inc.; Notice of Filing
                                                  each order receives the best possible                   Number SR–NYSEMKT–2016–120. This                       and Immediate Effectiveness of a
                                                  price, which benefits investors by                      file number should be included on the                  Proposed Rule Change To Amend Rule
                                                  increasing competition thereby                                                                                 11.9, Orders and Modifiers, and Rule
                                                                                                          subject line if email is used. To help the
                                                  maximizing opportunities for price                                                                             11.13, Order Execution and Routing,
                                                                                                          Commission process and review your
                                                  improvement.                                                                                                   To Enhance the Exchange’s Midpoint
                                                    The Exchange notes that it operates in                comments more efficiently, please use
                                                                                                          only one method. The Commission will                   Routing Functionality
                                                  a highly competitive market in which
                                                  market participants can easily direct                   post all comments on the Commission’s                  December 19, 2016.
                                                  their orders to competing venues. In                    Internet Web site (http://www.sec.gov/                    Pursuant to Section 19(b)(1) of the
                                                  such an environment, the Exchange                       rules/sro.shtml). Copies of the                        Securities Exchange Act of 1934 (the
                                                  must continually review, and consider                   submission, all subsequent                             ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  adjusting the services it offers and the                amendments, all written statements                     notice is hereby given that on December
                                                  requirements it imposes to remain                       with respect to the proposed rule                      16, 2016, Bats BYX Exchange, Inc. (the
                                                  competitive with other exchanges. For                   change that are filed with the                         ‘‘Exchange’’ or ‘‘BYX’’) filed with the
                                                  the reasons described above, the                        Commission, and all written                            Securities and Exchange Commission
                                                  Exchange believes that the proposed                     communications relating to the                         (the ‘‘Commission’’) the proposed rule
                                                  rule change reflects this competitive                   proposed rule change between the                       change as described in Items I, II, and
                                                  environment.                                            Commission and any person, other than                  III below, which Items have been
                                                                                                          those that may be withheld from the                    prepared by the Exchange. The
                                                  C. Self-Regulatory Organization’s                                                                              Exchange has designated this proposal
                                                  Statement on Comments on the                            public in accordance with the
                                                                                                          provisions of 5 U.S.C. 552, will be                    as a ‘‘non-controversial’’ proposed rule
                                                  Proposed Rule Change Received From                                                                             change pursuant to Section 19(b)(3)(A)
                                                  Members, Participants, or Others                        available for Web site viewing and
                                                                                                          printing in the Commission’s Public                    of the Act 3 and Rule 19b–4(f)(6)(iii)
                                                    No written comments were solicited                                                                           thereunder,4 which renders it effective
                                                                                                          Reference Room, 100 F Street NE.,
                                                  or received with respect to the proposed                                                                       upon filing with the Commission. The
                                                                                                          Washington, DC 20549, on official
                                                  rule change.                                                                                                   Commission is publishing this notice to
                                                                                                          business days between the hours of
                                                  III. Date of Effectiveness of the                                                                              solicit comments on the proposed rule
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of the
                                                  Proposed Rule Change and Timing for                                                                            change from interested persons.
                                                                                                          filing also will be available for
                                                  Commission Action                                       inspection and copying at the principal                I. Self-Regulatory Organization’s
                                                     Within 45 days of the date of                        office of the Exchange. All comments                   Statement of the Terms of the Substance
                                                  publication of this notice in the Federal               received will be posted without change;                of the Proposed Rule Change
                                                  Register or up to 90 days (i) as the                    the Commission does not edit personal                     The Exchange filed a proposal to
                                                  Commission may designate if it finds                    identifying information from                           amend Rule 11.9, Orders and Modifiers,
                                                  such longer period to be appropriate                    submissions. You should submit only                    and Rule 11.13, Order Execution and
                                                  and publishes its reasons for so finding                information that you wish to make                      Routing, to enhance the Exchange’s
                                                  or (ii) as to which the self-regulatory                 available publicly. All submissions                    midpoint routing functionality.
                                                  organization consents, the Commission                   should refer to File Number SR–                           The text of the proposed rule change
                                                  will:                                                   NYSEMKT–2016–120 and should be                         is available at the Exchange’s Web site
                                                     (A) By order approve or disapprove                   submitted on or before January 13, 2017.               at www.bats.com, at the principal office
                                                  the proposed rule change, or                                                                                   of the Exchange, and at the
                                                     (B) institute proceedings to determine                 For the Commission, by the Division of
                                                                                                                                                                 Commission’s Public Reference Room.
                                                  whether the proposed rule change                        Trading and Markets, pursuant to delegated
                                                  should be disapproved.                                  authority.21                                           II. Self-Regulatory Organization’s
                                                                                                          Eduardo A. Aleman,                                     Statement of the Purpose of, and
                                                  IV. Solicitation of Comments                                                                                   Statutory Basis for, the Proposed Rule
                                                                                                          Assistant Secretary.
                                                    Interested persons are invited to                                                                            Change
                                                                                                          [FR Doc. 2016–30945 Filed 12–22–16; 8:45 am]
                                                  submit written data, views, and                                                                                  In its filing with the Commission, the
                                                                                                          BILLING CODE 8011–01–P
                                                  arguments concerning the foregoing,                                                                            Exchange included statements
                                                  including whether the proposed rule                                                                            concerning the purpose of and basis for
                                                  change is consistent with the Act.                                                                             the proposed rule change and discussed
                                                  Comments may be submitted by any of                                                                            any comments it received on the
                                                  the following methods:                                                                                         proposed rule change. The text of these
                                                  Electronic Comments                                                                                            statements may be examined at the
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                 places specified in Item IV below. The
                                                     • Use the Commission’s Internet                                                                             Exchange has prepared summaries, set
                                                  comment form (http://www.sec.gov/                                                                              forth in Sections A, B, and C below, of
                                                  rules/sro.shtml); or
                                                     • Send an email to rule-comments@                                                                             1 15 U.S.C. 78s(b)(1).
                                                  sec.gov. Please include File Number SR–                                                                          2 17 CFR 240.19b–4.
                                                  NYSEMKT–2016–120 on the subject                                                                                  3 15 U.S.C. 78s(b)(3)(A).

                                                  line.                                                     21 17   CFR 200.30–3(a)(12).                           4 17 CFR 240.19b–4(f)(6)(iii).




                                             VerDate Sep<11>2014   18:33 Dec 22, 2016   Jkt 241001   PO 00000   Frm 00129    Fmt 4703   Sfmt 4703   E:\FR\FM\23DEN1.SGM   23DEN1


                                                                                Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices                                                        94441

                                                  the most significant parts of such                        unless otherwise instructed by the                       strategy.11 The Exchange now proposes
                                                  statements.                                               User.9                                                   to amend Rule 11.9(c)(9) to expand the
                                                                                                               The Exchange now proposes RMPL as                     routing strategies that Mid-Point Peg
                                                  A. Self-Regulatory Organization’s                                                                                  Orders may be coupled with to include
                                                  Statement of the Purpose of, and                          an alternative to the RMPT routing
                                                                                                            strategy for those seeking to route Mid-                 the Destination Specific routing strategy
                                                  Statutory Basis for, the Proposed Rule                                                                             described under Rule 11.13(b)(3)(E) and
                                                  Change                                                    Point Peg Orders to destinations that
                                                                                                            support midpoint eligible executions                     the proposed RMPL routing strategy
                                                  1. Purpose                                                that are not included under the current                  described above.
                                                                                                            RMPT routing strategy. Like RMPT,                           Destination Specific is a routing
                                                    The Exchange proposes to amend                                                                                   option under which an order checks the
                                                                                                            RMPL would be a routing strategy under
                                                  Rule 11.9, Orders and Modifiers, and                                                                               System for available shares and then is
                                                                                                            which a Mid-Point Peg Order checks the
                                                  Rule 11.13, Order Execution and                                                                                    sent to an away trading center or centers
                                                                                                            System for available shares and any
                                                  Routing, to enhance the Exchange’s                                                                                 specified by the User.12 As proposed, a
                                                                                                            remaining shares are then sent to
                                                  midpoint routing functionality.                                                                                    User entering a Mid-Point Peg Order
                                                                                                            destinations on the System routing table
                                                                                                                                                                     may select the Destination Specific
                                                  Specifically, the Exchange proposes to                    that support midpoint eligible orders. If
                                                                                                                                                                     routing strategy to route such order to a
                                                  amend Rule 11.13(b)(3)(Q) to adopt a                      any shares remain unexecuted after
                                                                                                                                                                     specific trading center or center that
                                                  new midpoint routing strategy known as                    routing, they are posted on the BYX
                                                                                                                                                                     supports midpoint executions after
                                                  RMPL. The Exchange also proposes to                       Book as a Mid-Point Peg Order, unless
                                                                                                                                                                     being exposed to the BYX Book. This
                                                  amend Rule 11.9(c)(9) to expand the                       otherwise instructed by the User. As it                  differs from RMPT and the proposed
                                                  routing strategies that Mid-Point Peg                     does for RMPT, the Exchange would                        RMPL routing strategies in that the
                                                  Orders may be coupled with to include                     determine via the System routing table                   destinations orders subject to the RMPT
                                                  the Destination Specific routing strategy                 the specific trading venues that support                 and RMPL routing strategies are selected
                                                  described under Rule 11.13(b)(3)(E) and                   midpoint eligible orders to which the                    by the Exchange via the System routing
                                                  the proposed RMPL routing strategy                        System would route RMPL orders.                          table and not the User itself.
                                                  described below.                                          While RMPL will operate in an identical
                                                                                                            manner as RMPT, the trading venues                       2. Statutory Basis
                                                  RMPL Routing Strategy                                     that each routing strategy would route to                   The Exchange believes that its
                                                                                                            and the order in which it routes them                    proposal is consistent with Section 6(b)
                                                     The Exchange proposes to amend                         will differ. As is the case for RMPT, the                of the Act 13 in general, and furthers the
                                                  Rule 11.13(b)(3)(Q) to adopt a new                        Exchange may alter the trading venues                    objectives of Section 6(b)(5) of the Act 14
                                                  midpoint routing strategy known as                        included under RMPL and the order in                     in particular, in that it is designed to
                                                  RMPL. Currently, the Exchange offers                      which they are routed to from time to                    promote just and equitable principles of
                                                  the RMPT routing strategy, which is                       time in accordance with its System                       trade, to foster cooperation and
                                                  described under Rule 11.13(b)(3)(Q).                      routing table.10                                         coordination with persons engaged in
                                                  RMPT is a routing strategy under which                       The Exchange proposes to revise Rule                  facilitating transactions in securities, to
                                                  a Mid-Point Peg Order 5 checks the                        11.13(b)(3)(Q) to describe both the                      remove impediments to and perfect the
                                                  System 6 for available shares and any                     RMPT and proposed RMPL routing                           mechanism of a free and open market
                                                  remaining shares are then sent to                         strategies. As a result of these revision,               and a national market system and, in
                                                  destinations on the System routing                        the construct of paragraph (b)(3)(Q) of                  general, to protect investors and the
                                                  table 7 that support midpoint eligible                    Rule 11.13 would be similar to                           public interest. The proposed rule
                                                  orders. If any shares remain unexecuted                   paragraph (b)(3)(G) of Rule 11.13, which                 change also is designed to support the
                                                  after routing, they are posted on the                     also delineates routing strategies that                  principles of Section 11A(a)(1) 15 of the
                                                  BYX Book 8 as a Mid-Point Peg Order,                      include different sets of destinations as                Act in that it seeks to assure fair
                                                                                                            determined by the System routing table.                  competition among brokers and dealers
                                                     5 In sum, a Mid-Point Peg Order is a limit order                                                                and among exchange markets. The
                                                  that after entry into the System, the price of the        Mid-Point Peg Order Routing                              proposed rule change promotes just and
                                                  order is automatically adjusted by the System in                                                                   equitable principles of trade because it
                                                  response to changes in the NBBO to be pegged to              The Exchange also proposes to amend
                                                                                                                                                                     would enhance the Exchange’s
                                                  the mid-point of the NBBO, or, alternatively, pegged      Rule 11.9(c)(9) to expand the routing
                                                  to the less aggressive of the midpoint of the NBBO                                                                 midpoint routing functionality and
                                                                                                            strategies that Mid-Point Peg Orders
                                                  or one minimum price variation inside the same                                                                     provide Users with greater flexibility in
                                                  side of the NBBO as the order. See Exchange Rule          may be coupled with. Currently,
                                                                                                                                                                     routing Mid-Point Peg Orders to trading
                                                  11.9(c)(9).                                               Exchange Rule 11.9(c)(9) states that
                                                                                                                                                                     venues that support midpoint
                                                     6 The term ‘‘System’’ is defined as ‘‘the electronic   Mid-Point Peg Orders are not eligible for
                                                  communications and trading facility designated by                                                                  executions. This would save such Users
                                                                                                            routing pursuant to Rule 11.13 unless
                                                  the Board through which securities orders of Users                                                                 from developing complicated order
                                                                                                            routed utilizing the RMPT routing
                                                  are consolidated for ranking, execution and, when                                                                  routing strategies on their own. The
                                                  applicable, routing away.’’ See Exchange Rule                                                                      Exchange believes that the proposed
                                                  1.5(aa).                                                     9 The term ‘‘User’’ is defined as ‘‘any Member or
                                                     7 The term ‘‘System routing table’’ refers to the      Sponsored Participant who is authorized to obtain
                                                                                                                                                                     rule change will also accomplish those
                                                  proprietary process for determining the specific          access to the System pursuant to Rule 11.3.’’ See        ends by providing market participants
                                                  trading venues to which the System routes orders          Exchange Rule 1.5(cc).                                   with an additional voluntary routing
                                                  and the order in which it routes them. See                   10 The Exchange notes that the trading venues to
                                                                                                                                                                     strategies and options that will enable
                                                  Exchange Rule 11.13(b)(3). While the process for          which other of its routing strategies route orders to
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                                                  determining the specific trading venues to which          are also determined in accordance with the System          11 The Exchange also proposes to amend the
                                                  orders are routed is proprietary, the Exchange            routing table. See e.g., Exchange Rule 11.13(b)(3)(G)
                                                  publicly discloses the trading venues associated                                                                   second to last sentence of Rule 11.9(c)(9) to correct
                                                                                                            (listing a series of routing options whose
                                                  with each routing strategy via its Web site at http://                                                             an erroneous reference to Rule 11.13(a)(3)(Q) by
                                                                                                            destinations are determined by the System routing
                                                  cdn.batstrading.com/resources/features/bats_                                                                       replacing it with ‘‘Rule 11.13(b)(3)’’.
                                                                                                            table, like the proposed revisions to Exchange Rule        12 See Rule 11.13(b)(3)(E).
                                                  exchange_routing-strategies.pdf.                          11.13(b)(3)(Q)). See also subparagraphs (A), (B), (C),
                                                     8 The term ‘‘BYX Book’’ is defined as the                                                                         13 15 U.S.C. 78f(b).
                                                                                                            (D) and (I) of Exchange Rule 11.9(b)(3) [sic]
                                                                                                                                                                       14 15 U.S.C. 78f(b)(5).
                                                  ‘‘System’s electronic file of orders.’’ See Exchange      (describing routing strategies that route orders to
                                                  Rule 1.5(e).                                              destinations on the System routing table).                 15 15 U.S.C. 78k–1(a)(1).




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                                                  94442                       Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices

                                                  them to easily access midpoint liquidity                pursuant to Section 19(b)(3)(A) of the                    Commission and any person, other than
                                                  available on the Exchange and other                     Act 16 and paragraph (f)(6) of Rule 19b–                  those that may be withheld from the
                                                  trading venues. The Exchange notes that                 4 thereunder,17 the Exchange has                          public in accordance with the
                                                  routing through the Exchange is                         designated this rule filing as non-                       provisions of 5 U.S.C. 552, will be
                                                  voluntary and those seeking to access                   controversial. The Exchange has given                     available for Web site viewing and
                                                  midpoint liquidity on other trading                     the Commission written notice of its                      printing in the Commission’s Public
                                                  venues may do so directly and without                   intent to file the proposed rule change,                  Reference Room, 100 F Street NE.,
                                                  the involvement of the Exchange.                        along with a brief description and text                   Washington, DC 20549 on official
                                                  Therefore, the Exchange believes the                    of the proposed rule change at least five                 business days between the hours of
                                                  proposal removes impediments to and                     business days prior to the date of filing                 10:00 a.m. and 3:00 p.m. Copies of such
                                                  perfects the mechanism of a free and                    of the proposed rule change, or such                      filing also will be available for
                                                  open market and a national market                       shorter time as designated by the                         inspection and copying at the principal
                                                  system, and, in general, protects                       Commission.                                               office of the Exchange. All comments
                                                  investors and the public interest.                         At any time within 60 days of the                      received will be posted without change;
                                                                                                          filing of the proposed rule change, the                   the Commission does not edit personal
                                                  B. Self-Regulatory Organization’s
                                                                                                          Commission summarily may                                  identifying information from
                                                  Statement on Burden on Competition
                                                                                                          temporarily suspend such rule change if                   submissions. You should submit only
                                                     The Exchange does not believe that                   it appears to the Commission that such                    information that you wish to make
                                                  the proposed rule change will result in                 action is: (1) Necessary or appropriate in                available publicly. All submissions
                                                  any burden on competition that is not                   the public interest; (2) for the protection               should refer to File Number SR–
                                                  necessary or appropriate in furtherance                 of investors; or (3) otherwise in                         BatsBYX–2016–41, and should be
                                                  of the purposes of the Act, as amended.                 furtherance of the purposes of the Act.                   submitted on or before January 13, 2017.
                                                  The Exchange provides routing services                  If the Commission takes such action, the                    For the Commission, by the Division of
                                                  in a highly competitive market in which                 Commission shall institute proceedings                    Trading and Markets, pursuant to delegated
                                                  participants may avail themselves of a                  to determine whether the proposed rule                    authority.18
                                                  wide variety of routing options offered                 should be approved or disapproved.                        Eduardo A. Aleman,
                                                  by self-regulatory organizations,                                                                                 Assistant Secretary.
                                                  alternative trading systems, other                      IV. Solicitation of Comments
                                                                                                                                                                    [FR Doc. 2016–30947 Filed 12–22–16; 8:45 am]
                                                  broker-dealers, market participants’ own                  Interested persons are invited to
                                                                                                                                                                    BILLING CODE 8011–01–P
                                                  proprietary routing systems, and service                submit written data, views, and
                                                  bureaus. System enhancements, such as                   arguments concerning the foregoing,
                                                  the changes proposed in this rule filing,               including whether the proposed rule                       SECURITIES AND EXCHANGE
                                                  do not burden competition, but rather                   change is consistent with the Act.                        COMMISSION
                                                  encourage competition because they are                  Comments may be submitted by any of
                                                  designed to attract additional order flow               the following methods:                                    [Release No. 34–79595; File No. SR–
                                                  to the Exchange through enhanced                                                                                  BatsEDGX–2016–73]
                                                  midpoint routing functionality. Such                    Electronic Comments
                                                                                                            • Use the Commission’s Internet                         Self-Regulatory Organizations; Bats
                                                  changes are intended to offer investors
                                                                                                          comment form (http://www.sec.gov/                         EDGX Exchange, Inc.; Notice of Filing
                                                  higher quality and better value than
                                                                                                                                                                    and Immediate Effectiveness of a
                                                  services offered by others. Encouraging                 rules/sro.shtml); or
                                                                                                            • Send an email to rule-comments@                       Proposed Rule Change To Amend the
                                                  competitors to provide higher quality
                                                                                                          sec.gov. Please include File Number SR–                   Market Data Section of Its Fee
                                                  and better value is the essence of a well-
                                                                                                          BatsBYX–2016–41 on the subject line.                      Schedule To Adopt Fees for EDGX
                                                  functioning competitive marketplace.
                                                                                                                                                                    Summary Depth and Amend Fees for
                                                  Therefore, the Exchange does not                        Paper Comments                                            EDGX Depth
                                                  believe the proposed rule change will
                                                  result in any burden on intermarket                        • Send paper comments in triplicate                    December 19, 2016.
                                                  competition that is not necessary or                    to Secretary, Securities and Exchange                        Pursuant to Section 19(b)(1) of the
                                                  appropriate in furtherance of the                       Commission, 100 F Street NE.,                             Securities Exchange Act of 1934
                                                  purposes of the Act.                                    Washington, DC 20549–1090.                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                          All submissions should refer to File                      notice is hereby given that, on December
                                                  C. Self-Regulatory Organization’s                       Number SR–BatsBYX–2016–41. This
                                                  Statement on Comments on the                                                                                      6, 2016, Bats EDGX Exchange, Inc.
                                                                                                          file number should be included on the                     (‘‘EDGX’’ or ‘‘Exchange’’) filed with the
                                                  Proposed Rule Change Received From                      subject line if email is used. To help the
                                                  Members, Participants, or Others                                                                                  Securities and Exchange Commission
                                                                                                          Commission process and review your                        (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                    No comments were solicited or                         comments more efficiently, please use                     rule change as described in Items I, II,
                                                  received on the proposed rule change.                   only one method. The Commission will                      and III below, which Items have been
                                                                                                          post all comments on the Commission’s                     prepared by the Exchange. The
                                                  III. Date of Effectiveness of the
                                                                                                          Internet Web site (http://www.sec.gov/                    Exchange has designated the proposed
                                                  Proposed Rule Change and Timing for
                                                                                                          rules/sro.shtml). Copies of the                           rule change as one establishing or
                                                  Commission Action
                                                                                                          submission, all subsequent                                changing a member due, fee, or other
                                                     Because the foregoing proposed rule                  amendments, all written statements                        charge imposed by the Exchange under
                                                  change does not: (A) Significantly affect
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          with respect to the proposed rule                         Section 19(b)(3)(A)(ii) of the Act 3 and
                                                  the protection of investors or the public               change that are filed with the                            Rule 19b–4(f)(2) thereunder,4 which
                                                  interest; (B) impose any significant                    Commission, and all written
                                                  burden on competition; and (C) by its                   communications relating to the                              18 17 CFR 200.30–3(a)(12).
                                                  terms, become operative for 30 days                     proposed rule change between the                            1 15 U.S.C. 78s(b)(1).
                                                  from the date on which it was filed or                                                                              2 17 CFR 240.19b–4.

                                                  such shorter time as the Commission                       16 15   U.S.C. 78s(b)(3)(A).                              3 15 U.S.C. 78s(b)(3)(A)(ii).

                                                  may designate it has become effective                     17 17   CFR 240.19b–4.                                    4 17 CFR 240.19b–4(f)(2).




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Document Created: 2016-12-23 12:29:01
Document Modified: 2016-12-23 12:29:01
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 94440 

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