81_FR_9580 81 FR 9543 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Rules 8.15, Imposition of Fines for Minor Violation(s) of Rules, and 25.3, Penalty for Minor Rule Violations, To Amend the Minor Rule Violation Plan

81 FR 9543 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Rules 8.15, Imposition of Fines for Minor Violation(s) of Rules, and 25.3, Penalty for Minor Rule Violations, To Amend the Minor Rule Violation Plan

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 37 (February 25, 2016)

Page Range9543-9545
FR Document2016-03943

Federal Register, Volume 81 Issue 37 (Thursday, February 25, 2016)
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9543-9545]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03943]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77182; File No. SR-BATS-2016-08]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change to Rules 
8.15, Imposition of Fines for Minor Violation(s) of Rules, and 25.3, 
Penalty for Minor Rule Violations, To Amend the Minor Rule Violation 
Plan

February 19, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on February 10, 2016, BATS Exchange, Inc. (``BZX'' or the ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II, and III below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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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 Rules 8.15 and 25.3 to amend 
the Exchange's Minor Rule Violation Plan. The Exchange has designated 
this proposal as non-controversial and provided the Commission with the 
notice required by Rule 19b-4(f)(6)(iii) under the Act.\3\
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    \3\ 17 CFR 240.19b-4(f)(6)(iii).
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 8.15 applicable to the 
Exchange's equity platform (``BZX Equities'') to remove the $2,500 
penalty limitation contained in Rule 8.15(a) in order to modify the 
permissible penalties for minor rule violations with respect to Rule 
25.3 applicable to the BZX options platform (``BZX Options'') and to 
allow the Exchange the discretion to impose penalties in excess of 
$2,500 under both the BZX Equities and BZX Options Minor Rule Violation 
Plans. The proposal further provides that only fines that do not exceed 
$2,500 will not be reported. Fines that exceed $2,500 will continue to 
be publicly reported by the Exchange \4\ and reported as final in 
compliance with SEC Rule 19d-1(c).\5\
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    \4\ As set forth in Interpretation and Policy .01 to Rule 8.11, 
except as provided in Rule 8.15(a), the staff shall cause details 
regarding all formal disciplinary actions where a final decision has 
been issued to be published on a Web site maintained by the 
Exchange.
    \5\ 17 CFR 240.19d-1(c).
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    Further, the Exchange proposes to amend the BZX Options Minor Rule 
Violation Plan penalty schedule contained in Rule 25.3(d)--for 
violations of Rule 22.6(d) regarding Market Makers maintaining 
continuous bids and offers--to aggregate violations of Rule 22.6(d) 
that occur in a single month of a rolling 24-month period and sanction 
such aggregated violations as a single offense. The proposed amended 
penalty schedule is substantially similar to International Securities 
Exchange (``ISE'') Rule 1614(d)(11) Minor Rule Violation Plan penalties 
for continuous options quotation violations.

Removal of Penalty Limitation

    Rule 25.3 states that the Exchange may proceed under the Minor Rule 
Violation Plan pursuant to the procedures set forth in Rule 8.15 
applicable to BZX Equities. Currently, Rule 8.15(a) states that the 
Exchange may impose a fine ``not to exceed $2,500'' for a minor rule 
violation. Because existing Rule 25.3 recommends the imposition of 
penalties in excess of $2,500 in certain circumstances, the Exchange 
believes the penalty limitation in 8.15(a) is obsolete, inappropriate, 
and unnecessarily confusing. Moreover, abiding by the terms of the 
penalty limitation contained in 8.15(a) for purposes of the BZX Options 
Minor Rule Violation Plan deprives Rule 25.3 of much of its meaning and 
effectiveness. Further, it is the Exchange's position that the penalty 
limitation currently contained in Rule 8.15(a) is also unnecessary 
because the Exchange must exercise its discretion to opt to proceed 
under the Minor Rule Violation Plan rather than under its default 
process, the formal disciplinary process. As a practical matter, if an 
individual or entity exceeds the prescribed Minor Rule Violation Plan 
fine threshold of $2,500, it will oftentimes be appropriate for the 
Exchange to decline to exercise its discretion to proceed under the 
Minor Rule Violation Plan and to instead proceed under the formal 
disciplinary process. The Exchange, however, believes it should have 
the discretion to elect to proceed under the Minor Rule Violation Plan 
for a minor rule violation that would otherwise cumulatively exceed 
$2,500. Accordingly, the Exchange proposes to eliminate the penalty 
limitation in Rule 8.15(a).
    The Exchange recognizes, however, a fine exceeding $2,500 must be 
reported as final in accordance with SEC Rule 19d-1(c),\6\ regardless 
of whether or not it is imposed under the Minor Rule Violation Plan. 
The Exchange provides, therefore, that only fines that do not exceed 
$2,500 will not be reported. Fines that exceed $2,500 will continue to 
be reported as final in compliance with SEC Rule 19d-1(c).\7\
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    \6\ 17 CFR 240.19d-1(c).
    \7\ Id.

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[[Page 9544]]

Amendment to MRVP for Continuous Quoting Violations

    The Exchange proposes to amend Rule 25.3(d) to impose fines for 
violations of Rule 22.6(d)--regarding a Market Maker's failure to 
maintain continuous bids and offers--under the Minor Rule Violation 
Plan by aggregating the violations that occur in a month and 
sanctioning the violations as a single offense. The Exchange proposes 
to continue its current recommendation of issuing a letter of caution 
for the first offense in a rolling 24-month period. For the second 
violation in the period, the Exchange proposes to issue a $1,000 
penalty; for the third a $2,500 penalty; for the fourth a $5,000 
penalty. Finally, if there occurs a fifth violation within a rolling 
24-month period, the Exchange believes that such a violation is 
inappropriate for disposition under the Minor Rule Violation Plan, and 
the proposed amendment to Rule 25.3(d) directs that the violation be 
enforced in a formal disciplinary action. The Exchange believes it is 
appropriate to recommend higher penalties than recommended in current 
Rule 25.3(d) because the Exchange is aggregating violations that occur 
in a month and sanctioning the violations as a single offense.
    As with other violations covered under the Exchange's Minor Rule 
Violation Plan, the Exchange may elect to forgo the Minor Rule 
Violation Plan and enforce any egregious violations of its rules under 
the Exchange's formal disciplinary process.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the 
requirements of the Act and the rules and regulations thereunder that 
are applicable to a national securities exchange, and, in particular, 
with the requirements of Section 6(b) of the Act.\8\ Specifically, the 
proposal is consistent with Section 6(b)(5) of the Act,\9\ which 
requires exchange rules to promote just and equitable principles of 
trade, remove impediments to, and perfect the mechanism of, a free and 
open market and a national market system, and, in general, protect 
investors and the public interest. The Exchange also believes the 
proposed rule change is consistent with Section 6(b)(1) of the Act,\10\ 
which requires that the Exchange be organized and have the capacity to 
be able to carry out the purposes of the Act such that it can enforce 
compliance with the Act by persons registered with the Exchange. The 
Exchange also believes the proposed rule change furthers the objectives 
of Section 6(b)(6) \11\ of the Act, which requires that the rules of an 
exchange provide that its members and persons associated with its 
members be appropriately disciplined for violation of the provisions of 
the Act, the rules and regulations thereunder, or the rules of the 
exchange, by expulsion, suspension, limitation of activities, 
functions, and operations, fine, censure, being suspended or barred 
from being associated with a member, or any other fitting sanction. 
Finally, the Exchange believes that the proposed rule change furthers 
the objectives of Section 6(b)(7) of the Act,\12\ in particular, in 
that it provides fair procedures for the disciplining of members and 
persons associated with members.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78f(b)(1).
    \11\ 15 U.S.C. 78f(b)(6).
    \12\ 15 U.S.C. 78f(b)(7).
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    The Exchange believes the proposed rule change for Rule 8.15(a) 
fulfills the requirements set forth above because it modifies the 
procedures for the Exchange to discipline minor BZX Options rule 
violations by removing the $2,500 penalty limitation from the BZX 
Equities and BZX Options Minor Rule Violation Plan. The proposed rule 
change further provides that the Exchange will not report fines that do 
not exceed $2,500 under the Minor Rule Violation Plan except as 
required under SEC Rule 19d-1(c).\13\
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    \13\ 17 CFR 240.19d-1(c).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule change for Rule 25.3(d) 
fulfills the requirements set forth above because it permits the 
Exchange to levy progressively larger fines against a repeat-offender 
and prescribes that after five violations in a rolling 24-month period, 
the conduct is outside the purview of the Minor Rule Violation Plan, 
and formal disciplinary action is appropriate. Further, the Exchange 
believes the proposed rule change for Rule 25.3(d) fulfills the 
requirements set forth above because it clearly defines when and how a 
Market Maker may be disciplined under the Minor Rule Violation Plan. 
The Exchange also notes that the proposed rule change for Rule 25.3(d) 
is based on and substantially similar to ISE Rule 1614(d)(11).

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

    The Exchange believes the proposal is consistent with Section 
6(b)(8) of the Act \14\ in that it does not impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. The proposed change merely amends the procedures 
the Exchange intends to follow with regard to minor BZX Options Rule 
22.6(d) violations and removes an obsolete and unnecessary penalty 
limitation. Thus, the Exchange does not believe the proposed rule 
change will have any effect on competition.
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    \14\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received written comments 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.
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    \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:

[[Page 9545]]

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-BATS-2016-08 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2016-08. 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-BATS-2016-08, and should be 
submitted on or before March 17, 2016.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Brent J. Fields,
Secretary.
[FR Doc. 2016-03943 Filed 2-24-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices                                             9543

                                                  provisions of 5 U.S.C. 552, will be                     proposal as non-controversial and                       sanction such aggregated violations as a
                                                  available for Web site viewing and                      provided the Commission with the                        single offense. The proposed amended
                                                  printing in the Commission’s Public                     notice required by Rule 19b–4(f)(6)(iii)                penalty schedule is substantially similar
                                                  Reference Room, 100 F Street NE.,                       under the Act.3                                         to International Securities Exchange
                                                  Washington, DC 20549, on official                          The text of the proposed rule change                 (‘‘ISE’’) Rule 1614(d)(11) Minor Rule
                                                  business days between the hours of                      is available at the Exchange’s Web site                 Violation Plan penalties for continuous
                                                  10:00 a.m. and 3:00 p.m. Copies of the                  at www.batstrading.com, at the                          options quotation violations.
                                                  filing also will be available for                       principal office of the Exchange, and at
                                                  inspection and copying at the principal                 the Commission’s Public Reference                       Removal of Penalty Limitation
                                                  office of the Exchange. All comments                    Room.
                                                                                                                                                                     Rule 25.3 states that the Exchange
                                                  received will be posted without change;                 II. Self-Regulatory Organization’s                      may proceed under the Minor Rule
                                                  the Commission does not edit personal                   Statement of the Purpose of, and                        Violation Plan pursuant to the
                                                  identifying information from                            Statutory Basis for, the Proposed Rule                  procedures set forth in Rule 8.15
                                                  submissions. You should submit only                     Change                                                  applicable to BZX Equities. Currently,
                                                  information that you wish to make
                                                  available publicly. All submissions                        In its filing with the Commission, the               Rule 8.15(a) states that the Exchange
                                                  should refer to File Number SR–                         Exchange included statements                            may impose a fine ‘‘not to exceed
                                                  NYSEArca–2016–28 and should be                          concerning the purpose of and basis for                 $2,500’’ for a minor rule violation.
                                                  submitted on or before March 17, 2016.                  the proposed rule change and discussed                  Because existing Rule 25.3 recommends
                                                                                                          any comments it received on the                         the imposition of penalties in excess of
                                                    For the Commission, by the Division of                                                                        $2,500 in certain circumstances, the
                                                  Trading and Markets, pursuant to delegated
                                                                                                          proposed rule change. The text of these
                                                  authority.46                                            statements may be examined at the                       Exchange believes the penalty limitation
                                                                                                          places specified in Item IV below. The                  in 8.15(a) is obsolete, inappropriate, and
                                                  Brent J. Fields,
                                                                                                          Exchange has prepared summaries, set                    unnecessarily confusing. Moreover,
                                                  Secretary.
                                                                                                          forth in Sections A, B, and C below, of                 abiding by the terms of the penalty
                                                  [FR Doc. 2016–03944 Filed 2–24–16; 8:45 am]
                                                                                                          the most significant parts of such                      limitation contained in 8.15(a) for
                                                  BILLING CODE 8011–01–P                                  statements.                                             purposes of the BZX Options Minor
                                                                                                                                                                  Rule Violation Plan deprives Rule 25.3
                                                                                                          A. Self-Regulatory Organization’s
                                                                                                          Statement of the Purpose of, and the                    of much of its meaning and
                                                  SECURITIES AND EXCHANGE
                                                                                                          Statutory Basis for, the Proposed Rule                  effectiveness. Further, it is the
                                                  COMMISSION
                                                                                                          Change                                                  Exchange’s position that the penalty
                                                  [Release No. 34–77182; File No. SR–BATS–                                                                        limitation currently contained in Rule
                                                  2016–08]                                                1. Purpose                                              8.15(a) is also unnecessary because the
                                                                                                             The Exchange proposes to amend                       Exchange must exercise its discretion to
                                                  Self-Regulatory Organizations; BATS
                                                                                                          Rule 8.15 applicable to the Exchange’s                  opt to proceed under the Minor Rule
                                                  Exchange, Inc.; Notice of Filing and
                                                                                                          equity platform (‘‘BZX Equities’’) to                   Violation Plan rather than under its
                                                  Immediate Effectiveness of Proposed
                                                                                                          remove the $2,500 penalty limitation                    default process, the formal disciplinary
                                                  Rule Change to Rules 8.15, Imposition
                                                  of Fines for Minor Violation(s) of Rules,               contained in Rule 8.15(a) in order to                   process. As a practical matter, if an
                                                  and 25.3, Penalty for Minor Rule                        modify the permissible penalties for                    individual or entity exceeds the
                                                  Violations, To Amend the Minor Rule                     minor rule violations with respect to                   prescribed Minor Rule Violation Plan
                                                  Violation Plan                                          Rule 25.3 applicable to the BZX options                 fine threshold of $2,500, it will
                                                                                                          platform (‘‘BZX Options’’) and to allow                 oftentimes be appropriate for the
                                                  February 19, 2016.                                      the Exchange the discretion to impose                   Exchange to decline to exercise its
                                                     Pursuant to Section 19(b)(1) of the                  penalties in excess of $2,500 under both                discretion to proceed under the Minor
                                                  Securities Exchange Act of 1934                         the BZX Equities and BZX Options                        Rule Violation Plan and to instead
                                                  (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                 Minor Rule Violation Plans. The                         proceed under the formal disciplinary
                                                  notice is hereby given that on February                 proposal further provides that only fines               process. The Exchange, however,
                                                  10, 2016, BATS Exchange, Inc. (‘‘BZX’’                  that do not exceed $2,500 will not be                   believes it should have the discretion to
                                                  or the ‘‘Exchange’’) filed with the                     reported. Fines that exceed $2,500 will                 elect to proceed under the Minor Rule
                                                  Securities and Exchange Commission                      continue to be publicly reported by the                 Violation Plan for a minor rule violation
                                                  (‘‘Commission’’) the proposed rule                      Exchange 4 and reported as final in                     that would otherwise cumulatively
                                                  change as described in Items I, II, and                 compliance with SEC Rule 19d–1(c).5                     exceed $2,500. Accordingly, the
                                                  III below, which Items have been                           Further, the Exchange proposes to                    Exchange proposes to eliminate the
                                                  prepared by the Exchange. The                           amend the BZX Options Minor Rule                        penalty limitation in Rule 8.15(a).
                                                  Commission is publishing this notice to                 Violation Plan penalty schedule
                                                                                                          contained in Rule 25.3(d)—for                              The Exchange recognizes, however, a
                                                  solicit comments on the proposed rule
                                                                                                          violations of Rule 22.6(d) regarding                    fine exceeding $2,500 must be reported
                                                  change from interested persons.
                                                                                                          Market Makers maintaining continuous                    as final in accordance with SEC Rule
                                                  I. Self-Regulatory Organization’s                       bids and offers—to aggregate violations                 19d–1(c),6 regardless of whether or not
                                                  Statement of the Terms of Substance of                  of Rule 22.6(d) that occur in a single                  it is imposed under the Minor Rule
                                                  the Proposed Rule Change                                month of a rolling 24-month period and                  Violation Plan. The Exchange provides,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                     The Exchange filed a proposal to                                                                             therefore, that only fines that do not
                                                  amend Rules 8.15 and 25.3 to amend the                    3 17  CFR 240.19b–4(f)(6)(iii).                       exceed $2,500 will not be reported.
                                                  Exchange’s Minor Rule Violation Plan.                     4 As  set forth in Interpretation and Policy .01 to   Fines that exceed $2,500 will continue
                                                  The Exchange has designated this                        Rule 8.11, except as provided in Rule 8.15(a), the      to be reported as final in compliance
                                                                                                          staff shall cause details regarding all formal          with SEC Rule 19d–1(c).7
                                                                                                          disciplinary actions where a final decision has been
                                                    46 17 CFR 200.30–3(a)(12).                            issued to be published on a Web site maintained by
                                                    1 15 U.S.C. 78s(b)(1).                                the Exchange.                                            6 17    CFR 240.19d–1(c).
                                                    2 17 CFR 240.19b–4.                                      5 17 CFR 240.19d–1(c).                                7 Id.




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                                                  9544                         Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices

                                                  Amendment to MRVP for Continuous                         The Exchange also believes the                        proposed change merely amends the
                                                  Quoting Violations                                       proposed rule change furthers the                     procedures the Exchange intends to
                                                     The Exchange proposes to amend                        objectives of Section 6(b)(6) 11 of the               follow with regard to minor BZX
                                                  Rule 25.3(d) to impose fines for                         Act, which requires that the rules of an              Options Rule 22.6(d) violations and
                                                  violations of Rule 22.6(d)—regarding a                   exchange provide that its members and                 removes an obsolete and unnecessary
                                                  Market Maker’s failure to maintain                       persons associated with its members be                penalty limitation. Thus, the Exchange
                                                  continuous bids and offers—under the                     appropriately disciplined for violation               does not believe the proposed rule
                                                  Minor Rule Violation Plan by                             of the provisions of the Act, the rules               change will have any effect on
                                                  aggregating the violations that occur in                 and regulations thereunder, or the rules              competition.
                                                  a month and sanctioning the violations                   of the exchange, by expulsion,
                                                                                                           suspension, limitation of activities,                 C. Self-Regulatory Organization’s
                                                  as a single offense. The Exchange                                                                              Statement on Comments on the
                                                  proposes to continue its current                         functions, and operations, fine, censure,
                                                                                                           being suspended or barred from being                  Proposed Rule Change Received From
                                                  recommendation of issuing a letter of                                                                          Members, Participants, or Others
                                                  caution for the first offense in a rolling               associated with a member, or any other
                                                  24-month period. For the second                          fitting sanction. Finally, the Exchange                 The Exchange has neither solicited
                                                  violation in the period, the Exchange                    believes that the proposed rule change                nor received written comments on the
                                                  proposes to issue a $1,000 penalty; for                  furthers the objectives of Section 6(b)(7)            proposed rule change.
                                                  the third a $2,500 penalty; for the fourth               of the Act,12 in particular, in that it
                                                                                                           provides fair procedures for the                      III. Date of Effectiveness of the
                                                  a $5,000 penalty. Finally, if there occurs                                                                     Proposed Rule Change and Timing for
                                                  a fifth violation within a rolling 24-                   disciplining of members and persons
                                                                                                           associated with members.                              Commission Action
                                                  month period, the Exchange believes
                                                  that such a violation is inappropriate for                  The Exchange believes the proposed                    Because the foregoing proposed rule
                                                  disposition under the Minor Rule                         rule change for Rule 8.15(a) fulfills the             change does not: (A) Significantly affect
                                                  Violation Plan, and the proposed                         requirements set forth above because it               the protection of investors or the public
                                                  amendment to Rule 25.3(d) directs that                   modifies the procedures for the                       interest; (B) impose any significant
                                                  the violation be enforced in a formal                    Exchange to discipline minor BZX                      burden on competition; and (C) by its
                                                  disciplinary action. The Exchange                        Options rule violations by removing the               terms, become operative for 30 days
                                                  believes it is appropriate to recommend                  $2,500 penalty limitation from the BZX                from the date on which it was filed or
                                                  higher penalties than recommended in                     Equities and BZX Options Minor Rule                   such shorter time as the Commission
                                                  current Rule 25.3(d) because the                         Violation Plan. The proposed rule                     may designate it has become effective
                                                  Exchange is aggregating violations that                  change further provides that the                      pursuant to Section 19(b)(3)(A) of the
                                                  occur in a month and sanctioning the                     Exchange will not report fines that do                Act 15 and paragraph (f)(6) of Rule 19b-
                                                  violations as a single offense.                          not exceed $2,500 under the Minor Rule                4 thereunder,16 the Exchange has
                                                     As with other violations covered                      Violation Plan except as required under               designated this rule filing as non-
                                                  under the Exchange’s Minor Rule                          SEC Rule 19d–1(c).13                                  controversial. The Exchange has given
                                                  Violation Plan, the Exchange may elect                      The Exchange believes the proposed                 the Commission written notice of its
                                                  to forgo the Minor Rule Violation Plan                   rule change for Rule 25.3(d) fulfills the             intent to file the proposed rule change,
                                                  and enforce any egregious violations of                  requirements set forth above because it               along with a brief description and text
                                                  its rules under the Exchange’s formal                    permits the Exchange to levy                          of the proposed rule change at least five
                                                  disciplinary process.                                    progressively larger fines against a                  business days prior to the date of filing
                                                                                                           repeat-offender and prescribes that after             of the proposed rule change, or such
                                                  2. Statutory Basis                                       five violations in a rolling 24-month                 shorter time as designated by the
                                                     The Exchange believes that its                        period, the conduct is outside the                    Commission.
                                                  proposal is consistent with the                          purview of the Minor Rule Violation                      At any time within 60 days of the
                                                  requirements of the Act and the rules                    Plan, and formal disciplinary action is               filing of the proposed rule change, the
                                                  and regulations thereunder that are                      appropriate. Further, the Exchange                    Commission summarily may
                                                  applicable to a national securities                      believes the proposed rule change for
                                                  exchange, and, in particular, with the                                                                         temporarily suspend such rule change if
                                                                                                           Rule 25.3(d) fulfills the requirements set            it appears to the Commission that such
                                                  requirements of Section 6(b) of the Act.8                forth above because it clearly defines
                                                  Specifically, the proposal is consistent                                                                       action is: (1) Necessary or appropriate in
                                                                                                           when and how a Market Maker may be                    the public interest; (2) for the protection
                                                  with Section 6(b)(5) of the Act,9 which                  disciplined under the Minor Rule
                                                  requires exchange rules to promote just                                                                        of investors; or (3) otherwise in
                                                                                                           Violation Plan. The Exchange also notes               furtherance of the purposes of the Act.
                                                  and equitable principles of trade,                       that the proposed rule change for Rule
                                                  remove impediments to, and perfect the                                                                         If the Commission takes such action, the
                                                                                                           25.3(d) is based on and substantially                 Commission shall institute proceedings
                                                  mechanism of, a free and open market                     similar to ISE Rule 1614(d)(11).
                                                  and a national market system, and, in                                                                          to determine whether the proposed rule
                                                  general, protect investors and the public                B. Self-Regulatory Organization’s                     should be approved or disapproved.
                                                  interest. The Exchange also believes the                 Statement on Burden on Competition
                                                                                                                                                                 IV. Solicitation of Comments
                                                  proposed rule change is consistent with                    The Exchange believes the proposal is
                                                  Section 6(b)(1) of the Act,10 which                      consistent with Section 6(b)(8) of the                  Interested persons are invited to
                                                  requires that the Exchange be organized                  Act 14 in that it does not impose any                 submit written data, views, and
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                                                  and have the capacity to be able to carry                burden on competition that is not                     arguments concerning the foregoing,
                                                  out the purposes of the Act such that it                 necessary or appropriate in furtherance               including whether the proposed rule
                                                  can enforce compliance with the Act by                   of the purposes of the Act. The                       change is consistent with the Act.
                                                  persons registered with the Exchange.                                                                          Comments may be submitted by any of
                                                                                                             11 15 U.S.C. 78f(b)(6).                             the following methods:
                                                    8 15 U.S.C. 78f(b).                                      12 15 U.S.C. 78f(b)(7).
                                                    9 15 U.S.C. 78f(b)(5).                                   13 17 CFR 240.19d–1(c).                               15 15   U.S.C. 78s(b)(3)(A).
                                                    10 15 U.S.C. 78f(b)(1).                                  14 15 U.S.C. 78f(b)(8).                               16 17   CFR 240.19b–4.



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                                                                                Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices                                                 9545

                                                  Electronic Comments                                       SECURITIES AND EXCHANGE                                       (b) Order Origination and Receipt
                                                                                                            COMMISSION                                                    Unless otherwise indicated, the
                                                    • Use the Commission’s Internet
                                                                                                            [Release No. 34–77180; File No. SR–FINRA–                  following order information must be
                                                  comment form (http://www.sec.gov/                                                                                    recorded under this Rule when an order
                                                  rules/sro.shtml); or                                      2016–006]
                                                                                                                                                                       is received or originated. For purposes
                                                    • Send an email to rule-comments@                       Self-Regulatory Organizations;                             of this Rule, the order origination or
                                                  sec.gov. Please include File Number SR–                   Financial Industry Regulatory                              receipt time is the time the order is
                                                  BATS–2016–08 on the subject line.                         Authority, Inc.; Notice of Filing of a                     received from the customer.
                                                                                                            Proposed Rule Change To Amend                                 (1) through (17) No Change.
                                                  Paper Comments                                            FINRA Rules 7410 (Definitions) and                            (18) the type of account, i.e., retail,
                                                    • Send paper comments in triplicate                     7440 (Recording of Order Information)                      wholesale, employee, proprietary, or
                                                  to Brent J. Fields, Secretary, Securities                 February 19, 2016.                                         any other type of account designated by
                                                  and Exchange Commission, 100 F Street                        Pursuant to Section 19(b)(1) of the                     FINRA, for which the order is
                                                  NE., Washington, DC 20549–1090.                           Securities Exchange Act of 1934                            submitted; [and]
                                                  All submissions should refer to File                      (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                       (19) when the Reporting Member
                                                                                                            notice is hereby given that on February                    receives an order from a U.S.-registered
                                                  Number SR–BATS–2016–08. This file
                                                                                                            11, 2016, Financial Industry Regulatory                    broker-dealer that is not a member, or
                                                  number should be included on the
                                                                                                            Authority, Inc. (‘‘FINRA’’) filed with the                 from a non-U.S.-registered broker-dealer
                                                  subject line if email is used. To help the                Securities and Exchange Commission                         that is not a member but has received
                                                  Commission process and review your                        (‘‘SEC’’ or ‘‘Commission’’) the proposed                   an SRO-assigned identifier for purposes
                                                  comments more efficiently, please use                     rule change as described in Items I, II,                   of accessing a FINRA facility pursuant
                                                  only one method. The Commission will                      and III below, which Items have been                       to Rule 7220A or 7320, identification of
                                                  post all comments on the Commission’s                     prepared by FINRA. The Commission is                       such broker-dealer by providing an
                                                  Internet Web site (http://www.sec.gov/                    publishing this notice to solicit                          SRO-assigned identifier assigned to the
                                                  rules/sro.shtml). Copies of the                           comments on the proposed rule change                       broker-dealer or the number assigned to
                                                  submission, all subsequent                                from interested persons.                                   the broker-dealer in the Central
                                                  amendments, all written statements                                                                                   Registration Depository system; and
                                                                                                            I. Self-Regulatory Organization’s
                                                  with respect to the proposed rule                                                                                       (20) if the member is relying on the
                                                                                                            Statement of the Terms of Substance of
                                                  change that are filed with the                            the Proposed Rule Change                                   exception provided in Rule 5320.02
                                                  Commission, and all written                                                                                          with respect to the order, the unique
                                                  communications relating to the                               FINRA is proposing to amend FINRA
                                                                                                                                                                       identification of any appropriate
                                                  proposed rule change between the                          Rules 7410 and 7440 to require FINRA
                                                                                                                                                                       information barriers in place at the
                                                  Commission and any person, other than                     members to identify on their Order
                                                                                                                                                                       department within the member where
                                                  those that may be withheld from the                       Audit Trail System (‘‘OATS’’) reports
                                                                                                                                                                       the order was received or originated.
                                                                                                            the identity of certain broker-dealers
                                                  public in accordance with the                                                                                           (c) through (d) No Change.
                                                                                                            that are not FINRA members when the
                                                  provisions of 5 U.S.C. 552, will be                                                                                  *      *     *    *     *
                                                                                                            member has received an order from
                                                  available for Web site viewing and                        such a broker-dealer.
                                                  printing in the Commission’s Public                                                                                  II. Self-Regulatory Organization’s
                                                                                                               Below is the text of the proposed rule
                                                  Reference Room, 100 F Street NE.,                                                                                    Statement of the Purpose of, and
                                                                                                            change. Proposed new language is in
                                                  Washington, DC 20549 on official                                                                                     Statutory Basis for, the Proposed Rule
                                                                                                            italics; proposed deletions are in
                                                  business days between the hours of                                                                                   Change
                                                                                                            brackets.
                                                  10:00 a.m. and 3:00 p.m. Copies of such                                                                                In its filing with the Commission,
                                                                                                            *          *       *      *       *
                                                  filing also will be available for                                                                                    FINRA included statements concerning
                                                  inspection and copying at the principal                   7000. CLEARING, TRANSACTION                                the purpose of and basis for the
                                                  office of the Exchange. All comments                      AND ORDER DATA REQUIREMENTS,                               proposed rule change and discussed any
                                                  received will be posted without change;                   AND FACILITY CHARGES                                       comments it received on the proposed
                                                  the Commission does not edit personal                     *          *       *      *       *                        rule change. The text of these statements
                                                  identifying information from                                                                                         may be examined at the places specified
                                                  submissions. You should submit only                       7400. ORDER AUDIT TRAIL SYSTEM                             in Item IV below. FINRA has prepared
                                                  information that you wish to make                         *          *       *      *       *                        summaries, set forth in sections A, B,
                                                  available publicly. All submissions                                                                                  and C below, of the most significant
                                                                                                            7410. Definitions
                                                  should refer to File Number SR–BATS–                                                                                 aspects of such statements.
                                                  2016–08, and should be submitted on or                       (a) through (o) No Change.
                                                                                                               (p) ‘‘SRO-assigned identifier’’ shall                   A. Self-Regulatory Organization’s
                                                  before March 17, 2016.                                                                                               Statement of the Purpose of, and
                                                                                                            mean a unique identifier assigned to a
                                                    For the Commission, by the Division of                  broker or dealer by a national securities                  Statutory Basis for, the Proposed Rule
                                                  Trading and Markets, pursuant to delegated                exchange or national securities                            Change
                                                  authority.17                                              association for use by such broker or                      1. Purpose
                                                  Brent J. Fields,                                          dealer when accessing the exchange or
                                                                                                                                                                         FINRA is proposing an amendment to
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                                                  Secretary.                                                a facility of the association.
                                                                                                                                                                       Rule 7440 of the OATS rules to require
                                                  [FR Doc. 2016–03943 Filed 2–24–16; 8:45 am]               *          *       *      *       *                        FINRA members subject to the OATS
                                                  BILLING CODE 8011–01–P
                                                                                                            7440. Recording of Order Information                       rules (‘‘Reporting Members’’) to
                                                                                                              (a) No Change.                                           specifically identify two types of non-
                                                                                                                                                                       FINRA-member broker-dealers (‘‘Non-
                                                                                                                1 15   U.S.C. 78s(b)(1).                               Member Firms’’) as part of the OATS
                                                    17 17   CFR 200.30–3(a)(12).                                2 17   CFR 240.19b–4.                                  report when they receive orders from


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Document Created: 2018-02-02 14:35:23
Document Modified: 2018-02-02 14:35:23
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 9543 

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