81_FR_94701 81 FR 94454 - Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.8, Order Types, and Rule 11.11, Routing to Away Trading Centers, To Enhance the Exchange's Midpoint Routing Functionality

81 FR 94454 - Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.8, Order Types, and Rule 11.11, Routing to Away Trading Centers, To Enhance the Exchange's Midpoint Routing Functionality

SECURITIES AND EXCHANGE COMMISSION

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

Page Range94454-94457
FR Document2016-30942

Federal Register, Volume 81 Issue 247 (Friday, December 23, 2016)
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Pages 94454-94457]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30942]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79596; File No. SR-BatsEDGA-2016-34]


Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend Rule 11.8, Order Types, and Rule 11.11, Routing to Away Trading 
Centers, 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 EDGA Exchange, Inc. (the ``Exchange'' 
or ``EDGA'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule

[[Page 94455]]

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 Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 11.8, Order Types, and 
Rule 11.11, Routing to Away Trading Centers, 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 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 11.8, Order Types, and Rule 
11.11, Routing to Away Trading Centers, to enhance the Exchange's 
midpoint routing functionality. Specifically, the Exchange proposes to 
amend Rule 11.11(g)(13) to adopt a new midpoint routing strategy known 
as RMPL. The Exchange also proposes to amend Rule 11.8(d)(5) to expand 
the routing strategies that MidPoint Peg Orders may be coupled with to 
include the Destination Specific routing strategy described under Rule 
11.11(g)(14) and the proposed RMPL routing strategy described below.
RMPL Routing Strategy
    The Exchange proposes to amend Rule 11.11(g)(13) to adopt a new 
midpoint routing strategy known as RMPL. Currently, the Exchange offers 
the RMPT routing strategy, which is described under Rule 11.11(g)(13). 
RMPT is a routing strategy under which a MidPoint 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 EDGA Book \8\ as a MidPoint Peg Order, 
unless otherwise instructed by the User.\9\
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    \5\ In sum, a MidPoint Peg Order is a non-displayed Market Order 
or Limit Order with an instruction to execute at the midpoint 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 11.8(d).
    \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(cc).
    \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 11.11(g). 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 ``EDGA Book'' is defined as the ``System's 
electronic file of orders.'' See Exchange Rule 1.5(d). The Exchange 
also proposed to capitalize the word ``Book'' within Rule 
11.11(g)(13) as the term EDGA Book is a defined term in the 
Exchange's Rules.
    \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(ee).
---------------------------------------------------------------------------

    The Exchange now proposes RMPL as an alternative to the RMPT 
routing strategy for those seeking to route MidPoint 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 MidPoint 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 EDGA Book as a MidPoint 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\
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    \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 
11.11(g)(3) (listing a series of routing options whose destinations 
are determined by the System routing table, like the proposed 
revisions to Exchange Rule 11.11(g)(13)). See also subparagraphs 
(1), (2), and (5) of Exchange Rule 11.11(b)(3) (describing routing 
strategies that route orders to destinations on the System routing 
table).
---------------------------------------------------------------------------

    The Exchange proposes to revise Rule 11.11(g)(13) to describe both 
the RMPT and proposed RMPL routing strategies. As a result of these 
revision, the construct of paragraph (g)(13) of Rule 11.11 would be 
similar to paragraph (g)(3) of Rule 11.11, which also delineates 
routing strategies that include different sets of destinations as 
determined by the System routing table.
MidPoint Peg Order Routing
    The Exchange also proposes to amend Rule 11.8(d)(5) to expand the 
routing strategies that MidPoint Peg Orders may be coupled with. 
Currently, Exchange Rule 11.8(d)(5) states that MidPoint Peg Orders are 
not eligible for routing pursuant to Rule 11.11 unless routed utilizing 
the RMPT routing strategy. The Exchange now proposes to amend Rule 
11.8(d)(5) to expand the routing strategies that MidPoint Peg Orders 
may be coupled with to include the Destination Specific routing 
strategy described under Rule 11.11(g)(14) and the proposed RMPL 
routing strategy described above.
    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.\11\ As proposed, a 
User entering a MidPoint 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 
EDGA 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.
---------------------------------------------------------------------------

    \11\ See Rule 11.11(g)(14).

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[[Page 94456]]

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \12\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \13\ 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) \14\ 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 MidPoint 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 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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ 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 \15\ and 
paragraph (f)(6) of Rule 19b-4 thereunder,\16\ 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.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 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-BatsEDGA-2016-34 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-BatsEDGA-2016-34. 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-2016-34 and should 
be submitted on or before January 13, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).

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[[Page 94457]]


Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-30942 Filed 12-22-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  94454                       Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices

                                                  proposed change to introduce a new                      the proposed accelerated process would                components to NSCC’s margin
                                                  loss allocation provision for certain off-              help reduce systemic risks and promote                methodology (i.e., the MRD, Coverage
                                                  the-market transactions, it too would                   the stability of the broader financial                Component, and Intraday Backtesting
                                                  promote robust risk management at                       system by mitigating Members’                         Charge), which use risk based models
                                                  NSCC, as it would help protect NSCC                     exposure to a counterparty default                    and parameters to calculate charges, and
                                                  from transactions of a defaulted Member                 earlier in the settlement cycle and by                would lower the threshold at which
                                                  that were made at prices that differed                  providing an earlier assurance that                   NSCC would make an intraday mark-to-
                                                  significantly from the prevailing market                transactions will settle despite a                    market margin call. As such, the
                                                  price at the time the trade is executed                 Member default.                                       proposal would help NSCC better
                                                  and resulted in a loss to NSCC in                          At the same time, the three proposed               account for and cover its credit
                                                  connection with NSCC’s liquidation of                   additions to NSCC’s margin                            exposure to Members. In addition, by
                                                  the transaction.                                        methodology, the proposed reduction of                establishing the proposed margin
                                                     Second, the Commission believes that                 NSCC’s intraday mark-to-margin                        components and the new intraday mark-
                                                  the changes proposed in the Advance                     threshold, and the proposed loss                      to-market margin collection threshold,
                                                  Notice are consistent with promoting                    allocation provision for off-the-market               the proposal is consistent with using
                                                  safety and soundness. As described                      transactions, as described above, would               risk-based models and parameters to set
                                                  above, NSCC proposes to accelerate its                  also help mitigate the systemic risks that            margin requirements. Therefore, the
                                                  trade guaranty for CNS trades and                       NSCC presents as a CCP because they                   Commission believes that the proposal
                                                  Balance Order trades from midnight of                   would improve NSCC’s margining                        would be consistent with Rule 17Ad–
                                                  T+1 to the point of trade validation.                   abilities and help protect NSCC against               22(b)(2).
                                                  This earlier guaranty would promote                     potential losses from a Member default.
                                                  safety and soundness for Members                        Accordingly, the changes would                        III. Conclusion
                                                  because the counterparty credit risk that               therefore promote the stability of the                   It is therefore noticed, pursuant to
                                                  Members currently hold until NSCC’s                     broader financial system.                             Section 806(e)(1)(I) of the Payment,
                                                  guaranty applies at midnight of T+1                                                                           Clearing and Settlement Supervision
                                                                                                          B. Consistency With Rule 17Ad–22(b)(1)                Act,49 that the Commission does not
                                                  would shift to NSCC almost
                                                  immediately upon NSCC’s receipt of the                     Rule 17Ad–22(b)(1) under the                       object to Advance Notice (SR–NSCC–
                                                  trade on T. Because NSCC risk manages                   Exchange Act requires a CCP, such as                  2016–803) and that NSCC is authorized
                                                  its guaranteed transactions, NSCC is                    NSCC, to, among other things,                         to implement the proposed change as of
                                                  able to better ensure that trades settle if             ‘‘establish, implement, maintain and                  the date of this notice or the date of an
                                                  a counterparty defaults.                                enforce written policies and procedures               order by the Commission approving the
                                                     The above-described proposed                         reasonably designed to . . . limit its                proposed rule change (SR–NSCC–2016–
                                                  changes to NSCC’s margin methodology                    exposures to potential losses from                    005) that reflects rule changes that are
                                                  (i.e., the addition of the MRD, Coverage                defaults by its participants under                    consistent with this Advance Notice,
                                                  Component, and Intraday Backtesting                     normal market conditions . . . .’’ As                 whichever is later.
                                                  Charge), along with the proposed                        described above, because the proposed                   By the Commission.
                                                  reduction of NSCC’s intraday mark-to-                   change would transfer counterparty
                                                                                                                                                                Eduardo A. Aleman,
                                                  margin threshold, also would promote                    credit risk to NSCC at an earlier point
                                                                                                                                                                Assistant Secretary.
                                                  safety and soundness at NSCC because                    in the settlement cycle, NSCC proposes
                                                                                                                                                                [FR Doc. 2016–30935 Filed 12–22–16; 8:45 am]
                                                  they would improve NSCC’s ability to                    to enhance its margin methodology by
                                                                                                          adding three new margin components                    BILLING CODE 8011–01–P
                                                  collect margin. Likewise, the proposed
                                                  loss allocation provision for off-the-                  and by lowering the threshold for the
                                                  market transactions would promote                       intraday mark-to-market margin
                                                                                                                                                                SECURITIES AND EXCHANGE
                                                  safety and soundness at NSCC by                         collection. It also proposes to establish
                                                                                                                                                                COMMISSION
                                                  helping to protect NSCC from losses due                 a loss allocation provision for off-the-
                                                  to transactions of a defaulted Member                   market transactions. These proposed                   [Release No. 34–79596; File No. SR–
                                                  that were made at prices significantly                  changes are designed to limit NSCC’s                  BatsEDGA–2016–34]
                                                  different from the prevailing market                    exposure to potential losses from the
                                                  price at the time of the trade.                         default of a Member by enabling NSCC                  Self-Regulatory Organizations; Bats
                                                  Collectively, these proposed changes                    to collect more margin, better manage                 EDGA Exchange, Inc.; Notice of Filing
                                                  would enable NSCC to manage better                      when it collects margin, and protect                  and Immediate Effectiveness of a
                                                  the additional risk that would result                   itself from certain losses of a defaulted             Proposed Rule Change To Amend Rule
                                                  from the proposed accelerated guaranty.                 Member. Therefore, the Commission                     11.8, Order Types, and Rule 11.11,
                                                     Third, the Commission believes that                  believes that the proposal would be                   Routing to Away Trading Centers, To
                                                  the Advance Notice is consistent with                   consistent with Rule 17Ad–22(b)(1).                   Enhance the Exchange’s Midpoint
                                                  reducing systemic risks and promoting                                                                         Routing Functionality
                                                  the stability of the broader financial                  C. Consistency With Rule 17Ad–22(b)(2)
                                                                                                                                                                December 19, 2016.
                                                  system. As described above, by                             Rule 17Ad–22(b)(2) under the                          Pursuant to Section 19(b)(1) of the
                                                  providing a trade guaranty at an earlier                Exchange Act requires a CCP, such as                  Securities Exchange Act of 1934 (the
                                                  point in the settlement cycle,                          NSCC, to, among other things,                         ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  counterparty credit risk also would                     ‘‘establish, implement, maintain and                  notice is hereby given that on December
                                                  transfer from Members, which are not                    enforce written policies and procedures
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                16, 2016, Bats EDGA Exchange, Inc. (the
                                                  CCPs, to NSCC, which is a third-party                   reasonably designed to . . . [u]se                    ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
                                                  CCP that risk-manages its guaranteed                    margin requirements to limit its credit               Securities and Exchange Commission
                                                  transactions, at an earlier point in the                exposures to participants under normal                (‘‘Commission’’) the proposed rule
                                                  settlement cycle. Because NSCC risk                     market conditions and use risk-based
                                                  manages its guaranteed transactions,                    models and parameters to set margin                     49 12 U.S.C. 5465(e)(1)(I).
                                                  NSCC is able to better ensure that trades               requirements . . . .’’ Again, the                       1 15 U.S.C. 78s(b)(1).
                                                  settle if a counterparty defaults. Thus,                proposal would add three new                            2 17 CFR 240.19b–4.




                                             VerDate Sep<11>2014   18:33 Dec 22, 2016   Jkt 241001   PO 00000   Frm 00143   Fmt 4703   Sfmt 4703   E:\FR\FM\23DEN1.SGM    23DEN1


                                                                                 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices                                                        94455

                                                  change as described in Items I, II and III                 RMPL Routing Strategy                                     RMPL orders. While RMPL will operate
                                                  below, which Items have been prepared                         The Exchange proposes to amend                         in an identical manner as RMPT, the
                                                  by the Exchange. The Exchange has                          Rule 11.11(g)(13) to adopt a new                          trading venues that each routing strategy
                                                  designated this proposal as a ‘‘non-                       midpoint routing strategy known as                        would route to and the order in which
                                                  controversial’’ proposed rule change                       RMPL. Currently, the Exchange offers                      it routes them will differ. As is the case
                                                  pursuant to Section 19(b)(3)(A) of the                     the RMPT routing strategy, which is                       for RMPT, the Exchange may alter the
                                                  Act 3 and Rule 19b–4(f)(6)(iii)                            described under Rule 11.11(g)(13).                        trading venues included under RMPL
                                                  thereunder,4 which renders it effective                    RMPT is a routing strategy under which                    and the order in which they are routed
                                                  upon filing with the Commission. The                       a MidPoint Peg Order 5 checks the                         to from time to time in accordance with
                                                  Commission is publishing this notice to                    System 6 for available shares and any                     its System routing table.10
                                                  solicit comments on the proposed rule                      remaining shares are then sent to
                                                  change from interested persons.                                                                                         The Exchange proposes to revise Rule
                                                                                                             destinations on the System routing                        11.11(g)(13) to describe both the RMPT
                                                  I. Self-Regulatory Organization’s                          table 7 that support midpoint eligible                    and proposed RMPL routing strategies.
                                                  Statement of the Terms of Substance of                     orders. If any shares remain unexecuted
                                                                                                                                                                       As a result of these revision, the
                                                  the Proposed Rule Change                                   after routing, they are posted on the
                                                                                                                                                                       construct of paragraph (g)(13) of Rule
                                                                                                             EDGA Book 8 as a MidPoint Peg Order,
                                                     The Exchange filed a proposal to                        unless otherwise instructed by the                        11.11 would be similar to paragraph
                                                  amend Rule 11.8, Order Types, and Rule                     User.9                                                    (g)(3) of Rule 11.11, which also
                                                  11.11, Routing to Away Trading Centers,                       The Exchange now proposes RMPL as                      delineates routing strategies that include
                                                  to enhance the Exchange’s midpoint                         an alternative to the RMPT routing                        different sets of destinations as
                                                  routing functionality.                                     strategy for those seeking to route                       determined by the System routing table.
                                                     The text of the proposed rule change                    MidPoint Peg Orders to destinations                       MidPoint Peg Order Routing
                                                  is available at the Exchange’s Web site                    that support midpoint eligible
                                                  at www.bats.com, at the principal office                   executions that are not included under                       The Exchange also proposes to amend
                                                  of the Exchange, and at the                                the current RMPT routing strategy. Like                   Rule 11.8(d)(5) to expand the routing
                                                  Commission’s Public Reference Room.                        RMPT, RMPL would be a routing                             strategies that MidPoint Peg Orders may
                                                  II. Self-Regulatory Organization’s                         strategy under which a MidPoint Peg                       be coupled with. Currently, Exchange
                                                  Statement of the Purpose of, and                           Order checks the System for available                     Rule 11.8(d)(5) states that MidPoint Peg
                                                  Statutory Basis for, the Proposed Rule                     shares and any remaining shares are                       Orders are not eligible for routing
                                                  Change                                                     then sent to destinations on the System                   pursuant to Rule 11.11 unless routed
                                                                                                             routing table that support midpoint                       utilizing the RMPT routing strategy. The
                                                    In its filing with the Commission, the                   eligible orders. If any shares remain
                                                  Exchange included statements                                                                                         Exchange now proposes to amend Rule
                                                                                                             unexecuted after routing, they are
                                                  concerning the purpose of and basis for                                                                              11.8(d)(5) to expand the routing
                                                                                                             posted on the EDGA Book as a MidPoint
                                                  the proposed rule change and discussed                                                                               strategies that MidPoint Peg Orders may
                                                                                                             Peg Order, unless otherwise instructed
                                                  any comments it received on the                            by the User. As it does for RMPT, the                     be coupled with to include the
                                                  proposed rule change. The text of these                    Exchange would determine via the                          Destination Specific routing strategy
                                                  statements may be examined at the                          System routing table the specific trading                 described under Rule 11.11(g)(14) and
                                                  places specified in Item IV below. The                     venues that support midpoint eligible                     the proposed RMPL routing strategy
                                                  Exchange has prepared summaries, set                       orders to which the System would route                    described above.
                                                  forth in Sections A, B, and C below, of                                                                                 Destination Specific is a routing
                                                  the most significant parts of such                            5 In sum, a MidPoint Peg Order is a non-displayed
                                                                                                                                                                       option under which an order checks the
                                                  statements.                                                Market Order or Limit Order with an instruction to        System for available shares and then is
                                                                                                             execute at the midpoint of the NBBO, or,
                                                  (A) Self-Regulatory Organization’s                         alternatively, pegged to the less aggressive of the       sent to an away trading center or centers
                                                  Statement of the Purpose of, and                           midpoint of the NBBO or one minimum price                 specified by the User.11 As proposed, a
                                                                                                             variation inside the same side of the NBBO as the         User entering a MidPoint Peg Order may
                                                  Statutory Basis for, the Proposed Rule                     order. See Exchange Rule 11.8(d).
                                                  Change                                                        6 The term ‘‘System’’ is defined as ‘‘the electronic   select the Destination Specific routing
                                                                                                             communications and trading facility designated by         strategy to route such order to a specific
                                                  1. Purpose                                                 the Board through which securities orders of Users        trading center or center that supports
                                                                                                             are consolidated for ranking, execution and, when         midpoint executions after being exposed
                                                     The Exchange proposes to amend                          applicable, routing away.’’ See Exchange Rule
                                                  Rule 11.8, Order Types, and Rule 11.11,                    1.5(cc).                                                  to the EDGA Book. This differs from
                                                  Routing to Away Trading Centers, to                           7 The term ‘‘System routing table’’ refers to the      RMPT and the proposed RMPL routing
                                                  enhance the Exchange’s midpoint                            proprietary process for determining the specific          strategies in that the destinations orders
                                                                                                             trading venues to which the System routes orders
                                                  routing functionality. Specifically, the                   and the order in which it routes them. See
                                                                                                                                                                       subject to the RMPT and RMPL routing
                                                  Exchange proposes to amend Rule                            Exchange Rule 11.11(g). While the process for             strategies are selected by the Exchange
                                                  11.11(g)(13) to adopt a new midpoint                       determining the specific trading venues to which          via the System routing table and not the
                                                  routing strategy known as RMPL. The                        orders are routed is proprietary, the Exchange            User itself.
                                                                                                             publicly discloses the trading venues associated
                                                  Exchange also proposes to amend Rule                       with each routing strategy via its Web site at http://
                                                  11.8(d)(5) to expand the routing                           cdn.batstrading.com/resources/features/bats_                 10 The Exchange notes that the trading venues to

                                                  strategies that MidPoint Peg Orders may                    exchange_routing-strategies.pdf.                          which other of its routing strategies route orders to
                                                  be coupled with to include the                                8 The term ‘‘EDGA Book’’ is defined as the             are also determined in accordance with the System
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                                                                                                             ‘‘System’s electronic file of orders.’’ See Exchange      routing table. See e.g., Exchange Rule 11.11(g)(3)
                                                  Destination Specific routing strategy                      Rule 1.5(d). The Exchange also proposed to                (listing a series of routing options whose
                                                  described under Rule 11.11(g)(14) and                      capitalize the word ‘‘Book’’ within Rule 11.11(g)(13)     destinations are determined by the System routing
                                                  the proposed RMPL routing strategy                         as the term EDGA Book is a defined term in the            table, like the proposed revisions to Exchange Rule
                                                  described below.                                           Exchange’s Rules.                                         11.11(g)(13)). See also subparagraphs (1), (2), and
                                                                                                                9 The term ‘‘User’’ is defined as ‘‘any Member or      (5) of Exchange Rule 11.11(b)(3) (describing routing
                                                                                                             Sponsored Participant who is authorized to obtain         strategies that route orders to destinations on the
                                                    3 15   U.S.C. 78s(b)(3)(A).                                                                                        System routing table).
                                                                                                             access to the System pursuant to Rule 11.3.’’ See
                                                    4 17   CFR 240.19b–4(f)(6)(iii).                         Exchange Rule 1.5(ee).                                       11 See Rule 11.11(g)(14).




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                                                  94456                         Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices

                                                  2. Statutory Basis                                      bureaus. System enhancements, such as                     IV. Solicitation of Comments
                                                     The Exchange believes that its                       the changes proposed in this rule filing,
                                                                                                          do not burden competition, but rather                       Interested persons are invited to
                                                  proposal is consistent with Section 6(b)                                                                          submit written data, views, and
                                                  of the Act 12 in general, and furthers the              encourage competition because they are
                                                                                                          designed to attract additional order flow                 arguments concerning the foregoing,
                                                  objectives of Section 6(b)(5) of the Act 13                                                                       including whether the proposed rule
                                                  in particular, in that it is designed to                to the Exchange through enhanced
                                                                                                          midpoint routing functionality. Such                      change is consistent with the Act.
                                                  promote just and equitable principles of                                                                          Comments may be submitted by any of
                                                  trade, to foster cooperation and                        changes are intended to offer investors
                                                                                                          higher quality and better value than                      the following methods:
                                                  coordination with persons engaged in
                                                  facilitating transactions in securities, to             services offered by others. Encouraging                   Electronic Comments
                                                  remove impediments to and perfect the                   competitors to provide higher quality
                                                  mechanism of a free and open market                     and better value is the essence of a well-                  • Use the Commission’s Internet
                                                  and a national market system and, in                    functioning competitive marketplace.                      comment form (http://www.sec.gov/
                                                  general, to protect investors and the                   Therefore, the Exchange does not                          rules/sro.shtml); or
                                                  public interest. The proposed rule                      believe the proposed rule change will                       • Send an email to rule-comments@
                                                  change also is designed to support the                  result in any burden on intermarket                       sec.gov. Please include File Number SR–
                                                  principles of Section 11A(a)(1) 14 of the               competition that is not necessary or                      BatsEDGA–2016–34 on the subject line.
                                                  Act in that it seeks to assure fair                     appropriate in furtherance of the
                                                  competition among brokers and dealers                   purposes of the Act.                                      Paper Comments
                                                  and among exchange markets. The                         (C) Self-Regulatory Organization’s                          • Send paper comments in triplicate
                                                  proposed rule change promotes just and                  Statement on Comments on the                              to Secretary, Securities and Exchange
                                                  equitable principles of trade because it                Proposed Rule Change Received From                        Commission, 100 F Street NE.,
                                                  would enhance the Exchange’s                            Members, Participants or Others                           Washington, DC 20549–1090.
                                                  midpoint routing functionality and
                                                  provide Users with greater flexibility in                 No comments were solicited or                           All submissions should refer to File No.
                                                  routing MidPoint Peg Orders to trading                  received on the proposed rule change.                     SR–BatsEDGA–2016–34. This file
                                                  venues that support midpoint                                                                                      number should be included on the
                                                                                                          III. Date of Effectiveness of the
                                                  executions. This would save such Users                                                                            subject line if email is used. To help the
                                                                                                          Proposed Rule Change and Timing for
                                                  from developing complicated order                                                                                 Commission process and review your
                                                                                                          Commission Action
                                                  routing strategies on their own. The                                                                              comments more efficiently, please use
                                                  Exchange believes that the proposed                        Because the foregoing proposed rule                    only one method. The Commission will
                                                  rule change will also accomplish those                  change does not: (A) significantly affect                 post all comments on the Commission’s
                                                  ends by providing market participants                   the protection of investors or the public                 Internet Web site (http://www.sec.gov/
                                                  with an additional voluntary routing                    interest; (B) impose any significant                      rules/sro.shtml). Copies of the
                                                  strategies and options that will enable                 burden on competition; and (C) by its                     submission, all subsequent
                                                  them to easily access midpoint liquidity                terms, become operative for 30 days                       amendments, all written statements
                                                  available on the Exchange and other                     from the date on which it was filed or                    with respect to the proposed rule
                                                  trading venues. The Exchange notes that                 such shorter time as the Commission                       change that are filed with the
                                                  routing through the Exchange is                         may designate it has become effective                     Commission, and all written
                                                  voluntary and those seeking to access                   pursuant to Section 19(b)(3)(A) of the                    communications relating to the
                                                  midpoint liquidity on other trading                     Act 15 and paragraph (f)(6) of Rule 19b–                  proposed rule change between the
                                                  venues may do so directly and without                   4 thereunder,16 the Exchange has                          Commission and any person, other than
                                                  the involvement of the Exchange.                        designated this rule filing as non-                       those that may be withheld from the
                                                  Therefore, the Exchange believes the                    controversial. The Exchange has given                     public in accordance with the
                                                  proposal removes impediments to and                     the Commission written notice of its                      provisions of 5 U.S.C. 552, will be
                                                  perfects the mechanism of a free and                    intent to file the proposed rule change,                  available for Web site viewing and
                                                  open market and a national market                       along with a brief description and text                   printing in the Commission’s Public
                                                  system, and, in general, protects                       of the proposed rule change at least five                 Reference Room, 100 F Street NE.,
                                                  investors and the public interest.                      business days prior to the date of filing                 Washington, DC 20549, on official
                                                  (B) Self-Regulatory Organization’s                      of the proposed rule change, or such                      business days between the hours of
                                                  Statement on Burden on Competition                      shorter time as designated by the                         10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                          Commission.                                               filing also will be available for
                                                     The Exchange does not believe that                                                                             inspection and copying at the principal
                                                  the proposed rule change will result in                    At any time within 60 days of the
                                                                                                          filing of the proposed rule change, the                   office of the Exchange. All comments
                                                  any burden on competition that is not                                                                             received will be posted without change;
                                                  necessary or appropriate in furtherance                 Commission summarily may
                                                                                                          temporarily suspend such rule change if                   the Commission does not edit personal
                                                  of the purposes of the Act, as amended.                                                                           identifying information from
                                                  The Exchange provides routing services                  it appears to the Commission that such
                                                                                                          action is: (1) Necessary or appropriate in                submissions. You should submit only
                                                  in a highly competitive market in which                                                                           information that you wish to make
                                                  participants may avail themselves of a                  the public interest; (2) for the protection
                                                                                                          of investors; or (3) otherwise in                         available publicly. All submissions
                                                  wide variety of routing options offered                                                                           should refer to File Number SR–
                                                                                                          furtherance of the purposes of the Act.
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                                                  by self-regulatory organizations,                                                                                 BatsEDGA–2016–34 and should be
                                                  alternative trading systems, other                      If the Commission takes such action, the
                                                                                                          Commission shall institute proceedings                    submitted on or before January 13, 2017.
                                                  broker-dealers, market participants’ own
                                                  proprietary routing systems, and service                to determine whether the proposed rule                      For the Commission, by the Division of
                                                                                                          should be approved or disapproved.                        Trading and Markets, pursuant to delegated
                                                    12 15 U.S.C. 78f(b).                                                                                            authority.17
                                                    13 15 U.S.C. 78f(b)(5).                                 15 15   U.S.C. 78s(b)(3)(A).
                                                    14 15 U.S.C. 78k–1(a)(1).                               16 17   CFR 240.19b–4.                                    17 17   CFR 200.30–3(a)(12).



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                                                                              Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices                                                     94457

                                                                                                          13D or Schedule 13G is filed by a                     requested exemption would permit an
                                                  Eduardo A. Aleman,                                      respondent only when necessary. All                   investment adviser to hire and replace
                                                  Assistant Secretary.                                    information provided to the                           certain sub-advisers without
                                                  [FR Doc. 2016–30942 Filed 12–22–16; 8:45 am]            Commission is public. However, Rules                  shareholder approval and grant relief
                                                  BILLING CODE 8011–01–P                                  0–6 and 24b–2 (17 CFR 240.0–6 and                     from the Disclosure Requirements as
                                                                                                          240.24b–2) under the Exchange Act do                  they relate to fees paid to the sub-
                                                                                                          permit reporting persons to request                   advisers.1
                                                  SECURITIES AND EXCHANGE                                 confidential treatment for certain
                                                  COMMISSION                                              sensitive information concerning                      APPLICANTS:   Delaware Management
                                                                                                          national security, trade secrets, or                  Business Trust (‘‘DMBT’’), a Delaware
                                                  Submission for OMB Review;                              privileged commercial or financial                    statutory trust registered under the Act
                                                  Comment Request                                         information.                                          as an open-end management investment
                                                  Upon Written Request Copies Available                     An agency may not conduct or                        company with multiple series, Delaware
                                                   From: Securities and Exchange                          sponsor, and a person is not required to              Management Company, a series of
                                                   Commission, Office of FOIA Services,                   respond to, a collection of information               DMBT, registered as an investment
                                                   100 F Street NE., Washington, DC                       unless it displays a currently valid                  adviser under the Investment Advisers
                                                   20549–2736.                                            control number.                                       Act of 1940 (the ‘‘Initial Adviser’’ or
                                                                                                            The public may view the background                  ‘‘DMC’’), Optimum Fund Trust,
                                                  Extension:                                              documentation for this information                    Delaware Group Adviser Funds,
                                                    Regulations 13D and 13G; Schedules 13D                collection at the following Web site,
                                                      and 13G, SEC File No. 270–137, OMB
                                                                                                                                                                Delaware Group Cash Reserve, Delaware
                                                      Control No. 3235–0145.                              www.reginfo.gov. Comments should be                   Group Equity Funds I, Delaware Group
                                                                                                          directed to: (i) Desk Officer for the                 Equity Funds II, Delaware Group Equity
                                                     Notice is hereby given that, pursuant                Securities and Exchange Commission,                   Funds IV, Delaware Group Equity Funds
                                                  to the Paperwork Reduction Act of 1995                  Office of Information and Regulatory                  V, Delaware Group Foundation Funds,
                                                  (44 U.S.C. 3501 et seq.), the Securities                Affairs, Office of Management and                     Delaware Group Global & International
                                                  and Exchange Commission                                 Budget, Room 10102, New Executive                     Funds, Delaware Group Government
                                                  (‘‘Commission’’) has submitted to the                   Office Building, Washington, DC 20503,                Fund, Delaware Group Income Funds,
                                                  Office of Management and Budget this                    or by sending an email to: Shagufta_                  Delaware Group Limited-Term
                                                  request for extension of the previously                 Ahmed@omb.eop.gov; and (ii) Pamela                    Government Funds, Delaware Group
                                                  approved collection of information                      Dyson, Director/Chief Information                     State Tax-Free Income Trust, Delaware
                                                  discussed below.                                        Officer, Securities and Exchange                      Group Tax-Free Fund, Delaware Pooled
                                                     Schedules 13D and 13G (17 CFR
                                                                                                          Commission, c/o Remi Pavlik-Simon,                    Trust, Delaware VIP Trust, Voyageur
                                                  240.13d–101 and 240.13d–102) are filed
                                                                                                          100 F Street, NE., Washington, DC                     Insured Funds, Voyageur Intermediate
                                                  pursuant to Sections 13(d) and 13(g) (15
                                                                                                          20549 or send an email to: PRA_                       Tax Free Funds, Voyageur Mutual
                                                  U.S.C. 78m(d) and 78m(g)) of the
                                                                                                          Mailbox@sec.gov. Comments must be                     Funds, Voyageur Mutual Funds II,
                                                  Securities Exchange Act of 1934
                                                                                                          submitted to OMB within 30 days of                    Voyageur Mutual Funds III, and
                                                  (‘‘Exchange Act’’) and Regulations 13D
                                                                                                          this notice.                                          Voyageur Tax Free Funds (each, a
                                                  and 13G (17 CFR 240.13d–1—240.13d–
                                                                                                            Dated: December 16, 2016.                           ‘‘Trust’’ and, collectively with DBMT
                                                  7) thereunder to report beneficial
                                                                                                          Robert W. Errett,                                     and DMC, the ‘‘Applicants’’).
                                                  ownership of equity securities registered
                                                  under Section 12 (15 U.S.C. 78l) of the                 Deputy Secretary.                                     FILING DATES: The application was filed
                                                  Exchange Act. Regulations 13D and 13G                   [FR Doc. 2016–30917 Filed 12–22–16; 8:45 am]          on December 23, 2015, and amended on
                                                  provide investors, and the subject issuer               BILLING CODE 8011–01–P
                                                                                                                                                                June 8, 2016 and October 25, 2016.
                                                  with information about accumulations                                                                          HEARING OR NOTIFICATION OF HEARING:
                                                  of equity securities that may have the                                                                        An order granting the requested relief
                                                  potential to change or influence control                SECURITIES AND EXCHANGE                               will be issued unless the Commission
                                                  of the issuer. Schedule 13D and                         COMMISSION                                            orders a hearing. Interested persons may
                                                  Schedule 13G are filed by persons,                                                                            request a hearing by writing to the
                                                                                                          [Investment Company Act Release No.
                                                  including small entities, to report their               32395; File No. 812–14595]
                                                                                                                                                                Commission’s Secretary and serving
                                                  ownership of more than 5% of a class                                                                          applicants with a copy of the request,
                                                  of equity securities registered under                   Delaware Management Business Trust,                   personally or by mail. Hearing requests
                                                  Section 12. We estimate that Schedule                   et al.; Notice of Application                         should be received by the Commission
                                                  13D takes approximately 14.5 hours to                                                                         by 5:30 p.m. on January 13, 2017, and
                                                  prepare and is filed by approximately                   December 19, 2016.                                    should be accompanied by proof of
                                                  1,508 filers. We estimate that 25% of the               AGENCY:   Securities and Exchange                     service on the applicants, in the form of
                                                  14.5 hours (3.625 hours per response) is                Commission (‘‘Commission’’).
                                                  prepared by the filer for a total annual                ACTION: Notice of an application under                   1 The requested order would supersede a previous

                                                                                                          section 6(c) of the Investment Company                order obtained by the Applicants granting relief
                                                  reporting burden of 5,467 hours (3.625                                                                        solely with respect to Non-Affiliated Sub-Advisers
                                                  hours per response × 1,508 responses).                  Act of 1940 (‘‘Act’’) for an exemption                (Delaware Management Business Trust, et al.,
                                                     We estimate that Schedule 13G takes                  from section 15(a) of the Act and rule                Investment Company Act Rel. Nos. 27512 (Oct. 10,
                                                  approximately 12.4 hours to prepare                     18f–2 under the Act, as well as from                  2006) (notice) and 27547 (Nov. 7, 2006) (order)
                                                  and is filed by approximately 7,079                     certain disclosure requirements in rule               (‘‘Prior Order’’). If a Subadvised Series has obtained
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                                                                                                                                                                shareholder approval to operate as such with
                                                  filers. We estimate that 25% of the 12.4                20a–1 under the Act, Item 19(a)(3) of                 respect to Non-Affiliated Sub-Advisers only in the
                                                  hours (3.10 hours per response) is                      Form N–1A, Items 22(c)(1)(ii),                        manner described in this Application and has met
                                                  prepared by the filer for a total annual                22(c)(1)(iii), 22(c)(8) and 22(c)(9) of               all other terms and conditions of the requested
                                                  reporting burden of 21,945 hours (3.10                  Schedule 14A under the Securities                     order, the Subadvised Series may rely on the order
                                                                                                                                                                requested in this Application solely with respect to
                                                  hours per response × 7,079 responses).                  Exchange Act of 1934, and Sections 6–                 Non-Affiliated Sub-Advisers unless and until it
                                                     The information provided by                          07(2)(a), (b), and (c) of Regulation S–X              obtains shareholder approval with respect to
                                                  respondents is mandatory. Schedule                      (‘‘Disclosure Requirements’’). The                    Wholly-Owned Sub-Advisers.



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Document Created: 2016-12-23 12:29:18
Document Modified: 2016-12-23 12:29:18
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 94454 

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