81_FR_9603 81 FR 9566 - Self-Regulatory Organizations; EDGX 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, Amending the Exchange's Minor Rule Violation Plan

81 FR 9566 - Self-Regulatory Organizations; EDGX 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, Amending the Exchange's Minor Rule Violation Plan

SECURITIES AND EXCHANGE COMMISSION

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

Page Range9566-9568
FR Document2016-03942

Federal Register, Volume 81 Issue 37 (Thursday, February 25, 2016)
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9566-9568]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03942]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77181; File No. SR-EDGX-2016-03]


Self-Regulatory Organizations; EDGX 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, Amending the Exchange's 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, EDGX Exchange, Inc. (``EDGX'' 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 is proposing to amend Rules 8.15 and 25.3 to amend the 
Exchange's Minor Rule Violation Plan.
    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 (``EDGX 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 EDGX options platform (``EDGX Options'') and to 
allow the Exchange the discretion to impose penalties in excess of 
$2,500 under both the EDGX Equities and EDGX 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 \3\ and reported as 
final in compliance with SEC Rule 19d-1(c).\4\
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    \3\ 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.
    \4\ 17 CFR 240.19d-1(c).
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    Further, the Exchange proposes to amend the EDGX 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. In addition to these 
changes, the Exchange proposes to make minor non-substantive changes to 
conform to the Rules of BATS Exchange, Inc., specifically by 
capitalizing the term ``rule'' in Rule 8.15 and by adding the words 
``and Policy'' to Interpretation and Policy .01.
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 EDGX 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

[[Page 9567]]

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 EDGX 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),\5\ 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).\6\
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    \5\ 17 CFR 240.19d-1(c).
    \6\ Id.
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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.\7\ Specifically, the 
proposal is consistent with Section 6(b)(5) of the Act,\8\ 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,\9\ 
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) \10\ 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,\11\ in particular, in 
that it provides fair procedures for the disciplining of members and 
persons associated with members.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ 15 U.S.C. 78f(b)(1).
    \10\ 15 U.S.C. 78f(b)(6).
    \11\ 15 U.S.C. 78f(b)(7).
---------------------------------------------------------------------------

    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 EDGX Options rule 
violations by removing the $2,500 penalty limitation from the EDGX 
Equities and EDGX Options Minor Rule Violation Plan and makes other 
minor stylistic and conforming changes. 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).\12\
---------------------------------------------------------------------------

    \12\ 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 \13\ 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 EDGX 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.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any

[[Page 9568]]

unsolicited written comments from Members or other interested parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (A) 
Significantly affect the protection of investors or the public 
interest; (B) impose any significant burden on competition; and (C) by 
its terms, become operative for 30 days from the date on which it was 
filed or such shorter time as the Commission may designate it has 
become effective pursuant to Section 19(b)(3)(A) of the Act \14\ and 
paragraph (f)(6) of Rule 19b-4 thereunder,\15\ 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.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 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-EDGX-2016-03 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-EDGX-2016-03. 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-EDGX-2016-03, and should be 
submitted on or before March 17, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-03942 Filed 2-24-16; 8:45 am]
BILLING CODE 8011-01-P



                                                  9566                          Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices

                                                    • Send an email to rule-comments@                       SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s
                                                  sec.gov. Please include File Number SR–                   COMMISSION                                              Statement of the Purpose of, and the
                                                  NYSE–2016–12 on the subject line.                                                                                 Statutory Basis for, the Proposed Rule
                                                                                                            [Release No. 34–77181; File No. SR–EDGX–                Change
                                                  Paper Comments
                                                                                                            2016–03]                                                1. Purpose
                                                    • Send paper comments in triplicate                                                                                The Exchange proposes to amend
                                                  to Secretary, Securities and Exchange                     Self-Regulatory Organizations; EDGX
                                                                                                                                                                    Rule 8.15 applicable to the Exchange’s
                                                  Commission, 100 F Street NE.,                             Exchange, Inc.; Notice of Filing and
                                                                                                                                                                    equity platform (‘‘EDGX Equities’’) to
                                                  Washington, DC 20549–1090.                                Immediate Effectiveness of Proposed                     remove the $2,500 penalty limitation
                                                                                                            Rule Change to Rules 8.15, Imposition                   contained in Rule 8.15(a) in order to
                                                  All submissions should refer to File                      of Fines for Minor Violation(s) of Rules,
                                                  Number SR–NYSE–2016–12. This file                                                                                 modify the permissible penalties for
                                                                                                            and 25.3, Penalty for Minor Rule                        minor rule violations with respect to
                                                  number should be included on the                          Violations, Amending the Exchange’s
                                                  subject line if email is used. To help the                                                                        Rule 25.3 applicable to the EDGX
                                                                                                            Minor Rule Violation Plan                               options platform (‘‘EDGX Options’’) and
                                                  Commission process and review your
                                                                                                                                                                    to allow the Exchange the discretion to
                                                  comments more efficiently, please use                     February 19, 2016.
                                                                                                                                                                    impose penalties in excess of $2,500
                                                  only one method. The Commission will                         Pursuant to Section 19(b)(1) of the                  under both the EDGX Equities and
                                                  post all comments on the Commission’s                     Securities Exchange Act of 1934                         EDGX Options Minor Rule Violation
                                                  Internet Web site (http://www.sec.gov/                    (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                 Plans. The proposal further provides
                                                  rules/sro.shtml). Copies of the                           notice is hereby given that on February                 that only fines that do not exceed $2,500
                                                  submission, all subsequent                                10, 2016, EDGX Exchange, Inc. (‘‘EDGX’’                 will not be reported. Fines that exceed
                                                  amendments, all written statements                        or the ‘‘Exchange’’) filed with the                     $2,500 will continue to be publicly
                                                  with respect to the proposed rule                         Securities and Exchange Commission                      reported by the Exchange 3 and reported
                                                  change that are filed with the                            (‘‘Commission’’) the proposed rule                      as final in compliance with SEC Rule
                                                  Commission, and all written                               change as described in Items I, II, and                 19d–1(c).4
                                                  communications relating to the                            III below, which Items have been                           Further, the Exchange proposes to
                                                  proposed rule change between the                                                                                  amend the EDGX Options Minor Rule
                                                                                                            prepared by the Exchange. The
                                                  Commission and any person, other than                                                                             Violation Plan penalty schedule
                                                                                                            Commission is publishing this notice to
                                                  those that may be withheld from the                                                                               contained in Rule 25.3(d)—for
                                                                                                            solicit comments on the proposed rule                   violations of Rule 22.6(d) regarding
                                                  public in accordance with the                             change from interested persons.
                                                  provisions of 5 U.S.C. 552, will be                                                                               Market Makers maintaining continuous
                                                  available for Web site viewing and                        I. Self-Regulatory Organization’s                       bids and offers—to aggregate violations
                                                  printing in the Commission’s Public                       Statement of the Terms of Substance of                  of Rule 22.6(d) that occur in a single
                                                  Reference Room, 100 F Street NE.,                         the Proposed Rule Change                                month of a rolling 24-month period and
                                                  Washington, DC 20549, on official                                                                                 sanction such aggregated violations as a
                                                                                                               The Exchange is proposing to amend                   single offense. The proposed amended
                                                  business days between the hours of
                                                                                                            Rules 8.15 and 25.3 to amend the                        penalty schedule is substantially similar
                                                  10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                            Exchange’s Minor Rule Violation Plan.                   to International Securities Exchange
                                                  filing also will be available for                                                                                 (‘‘ISE’’) Rule 1614(d)(11) Minor Rule
                                                  inspection and copying at the principal                      The text of the proposed rule change
                                                                                                            is available at the Exchange’s Web site                 Violation Plan penalties for continuous
                                                  office of the Exchange. All comments                                                                              options quotation violations. In addition
                                                  received will be posted without change;                   at www.batstrading.com, at the
                                                                                                                                                                    to these changes, the Exchange proposes
                                                  the Commission does not edit personal                     principal office of the Exchange, and at
                                                                                                                                                                    to make minor non-substantive changes
                                                  identifying information from                              the Commission’s Public Reference
                                                                                                                                                                    to conform to the Rules of BATS
                                                  submissions. You should submit only                       Room.                                                   Exchange, Inc., specifically by
                                                  information that you wish to make                         II. Self-Regulatory Organization’s                      capitalizing the term ‘‘rule’’ in Rule 8.15
                                                  available publicly. All submissions                       Statement of the Purpose of, and                        and by adding the words ‘‘and Policy’’
                                                  should refer to File Number SR–NYSE–                      Statutory Basis for, the Proposed Rule                  to Interpretation and Policy .01.
                                                  2016–12 and should be submitted on or                     Change                                                  Removal of Penalty Limitation
                                                  before March 17, 2016.
                                                                                                              In its filing with the Commission, the                  Rule 25.3 states that the Exchange
                                                    For the Commission, by the Division of
                                                                                                            Exchange included statements                            may proceed under the Minor Rule
                                                  Trading and Markets, pursuant to delegated
                                                                                                            concerning the purpose of and basis for                 Violation Plan pursuant to the
                                                  authority.17
                                                                                                            the proposed rule change and discussed                  procedures set forth in Rule 8.15
                                                  Brent J. Fields,                                                                                                  applicable to EDGX Equities. Currently,
                                                                                                            any comments it received on the
                                                  Secretary.                                                                                                        Rule 8.15(a) states that the Exchange
                                                                                                            proposed rule change. The text of these
                                                  [FR Doc. 2016–03962 Filed 2–24–16; 8:45 am]
                                                                                                            statements may be examined at the                       may impose a fine ‘‘not to exceed
                                                  BILLING CODE 8011–01–P                                                                                            $2,500’’ for a minor rule violation.
                                                                                                            places specified in Item IV below. The
                                                                                                                                                                    Because existing Rule 25.3 recommends
                                                                                                            Exchange has prepared summaries, set
                                                                                                                                                                    the imposition of penalties in excess of
                                                                                                            forth in Sections A, B, and C below, of
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                    $2,500 in certain circumstances, the
                                                                                                            the most significant parts of such
                                                                                                            statements.                                                3 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
                                                                                                              1 15   U.S.C. 78s(b)(1).                              the Exchange.
                                                    17 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                    4 17 CFR 240.19d–1(c).




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                                                                                Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices                                            9567

                                                  Exchange believes the penalty limitation                  that such a violation is inappropriate for            disciplining of members and persons
                                                  in 8.15(a) is obsolete, inappropriate, and                disposition under the Minor Rule                      associated with members.
                                                  unnecessarily confusing. Moreover,                        Violation Plan, and the proposed                         The Exchange believes the proposed
                                                  abiding by the terms of the penalty                       amendment to Rule 25.3(d) directs that                rule change for Rule 8.15(a) fulfills the
                                                  limitation contained in 8.15(a) for                       the violation be enforced in a formal                 requirements set forth above because it
                                                  purposes of the EDGX Options Minor                        disciplinary action. The Exchange                     modifies the procedures for the
                                                  Rule Violation Plan deprives Rule 25.3                    believes it is appropriate to recommend               Exchange to discipline minor EDGX
                                                  of much of its meaning and                                higher penalties than recommended in                  Options rule violations by removing the
                                                  effectiveness. Further, it is the                         current Rule 25.3(d) because the                      $2,500 penalty limitation from the
                                                  Exchange’s position that the penalty                      Exchange is aggregating violations that               EDGX Equities and EDGX Options
                                                  limitation currently contained in Rule                    occur in a month and sanctioning the                  Minor Rule Violation Plan and makes
                                                  8.15(a) is also unnecessary because the                   violations as a single offense.                       other minor stylistic and conforming
                                                  Exchange must exercise its discretion to                     As with other violations covered                   changes. The proposed rule change
                                                  opt to proceed under the Minor Rule                       under the Exchange’s Minor Rule                       further provides that the Exchange will
                                                  Violation Plan rather than under its                      Violation Plan, the Exchange may elect                not report fines that do not exceed
                                                  default process, the formal disciplinary                  to forgo the Minor Rule Violation Plan                $2,500 under the Minor Rule Violation
                                                  process. As a practical matter, if an                     and enforce any egregious violations of               Plan except as required under SEC Rule
                                                  individual or entity exceeds the                          its rules under the Exchange’s formal                 19d–1(c).12
                                                  prescribed Minor Rule Violation Plan                      disciplinary process.                                    The Exchange believes the proposed
                                                  fine threshold of $2,500, it will                                                                               rule change for Rule 25.3(d) fulfills the
                                                                                                            2. Statutory Basis
                                                  oftentimes be appropriate for the                                                                               requirements set forth above because it
                                                  Exchange to decline to exercise its                          The Exchange believes that its
                                                                                                            proposal is consistent with the                       permits the Exchange to levy
                                                  discretion to proceed under the Minor                                                                           progressively larger fines against a
                                                  Rule Violation Plan and to instead                        requirements of the Act and the rules
                                                                                                            and regulations thereunder that are                   repeat-offender and prescribes that after
                                                  proceed under the formal disciplinary                                                                           five violations in a rolling 24-month
                                                  process. The Exchange, however,                           applicable to a national securities
                                                                                                            exchange, and, in particular, with the                period, the conduct is outside the
                                                  believes it should have the discretion to
                                                                                                            requirements of Section 6(b) of the Act.7             purview of the Minor Rule Violation
                                                  elect to proceed under the Minor Rule
                                                                                                                                                                  Plan, and formal disciplinary action is
                                                  Violation Plan for a minor rule violation                 Specifically, the proposal is consistent
                                                                                                                                                                  appropriate. Further, the Exchange
                                                  that would otherwise cumulatively                         with Section 6(b)(5) of the Act,8 which
                                                                                                                                                                  believes the proposed rule change for
                                                  exceed $2,500. Accordingly, the                           requires exchange rules to promote just
                                                                                                                                                                  Rule 25.3(d) fulfills the requirements set
                                                  Exchange proposes to eliminate the                        and equitable principles of trade,
                                                                                                                                                                  forth above because it clearly defines
                                                  penalty limitation in Rule 8.15(a).                       remove impediments to, and perfect the
                                                     The Exchange recognizes, however, a                                                                          when and how a Market Maker may be
                                                                                                            mechanism of, a free and open market
                                                  fine exceeding $2,500 must be reported                                                                          disciplined under the Minor Rule
                                                                                                            and a national market system, and, in
                                                  as final in accordance with SEC Rule                                                                            Violation Plan. The Exchange also notes
                                                                                                            general, protect investors and the public
                                                  19d–1(c),5 regardless of whether or not                                                                         that the proposed rule change for Rule
                                                                                                            interest. The Exchange also believes the
                                                  it is imposed under the Minor Rule                                                                              25.3(d) is based on and substantially
                                                                                                            proposed rule change is consistent with
                                                  Violation Plan. The Exchange provides,                                                                          similar to ISE Rule 1614(d)(11).
                                                                                                            Section 6(b)(1) of the Act,9 which
                                                  therefore, that only fines that do not                    requires that the Exchange be organized               B. Self-Regulatory Organization’s
                                                  exceed $2,500 will not be reported.                       and have the capacity to be able to carry             Statement on Burden on Competition
                                                  Fines that exceed $2,500 will continue                    out the purposes of the Act such that it
                                                  to be reported as final in compliance                                                                             The Exchange believes the proposal is
                                                                                                            can enforce compliance with the Act by
                                                  with SEC Rule 19d–1(c).6                                                                                        consistent with Section 6(b)(8) of the
                                                                                                            persons registered with the Exchange.
                                                                                                                                                                  Act 13 in that it does not impose any
                                                  Amendment to MRVP for Continuous                          The Exchange also believes the
                                                                                                            proposed rule change furthers the                     burden on competition that is not
                                                  Quoting Violations                                                                                              necessary or appropriate in furtherance
                                                                                                            objectives of Section 6(b)(6) 10 of the
                                                     The Exchange proposes to amend                                                                               of the purposes of the Act. The
                                                                                                            Act, which requires that the rules of an
                                                  Rule 25.3(d) to impose fines for                                                                                proposed change merely amends the
                                                                                                            exchange provide that its members and
                                                  violations of Rule 22.6(d)—regarding a                                                                          procedures the Exchange intends to
                                                                                                            persons associated with its members be
                                                  Market Maker’s failure to maintain                                                                              follow with regard to minor EDGX
                                                                                                            appropriately disciplined for violation
                                                  continuous bids and offers—under the                                                                            Options Rule 22.6(d) violations and
                                                                                                            of the provisions of the Act, the rules
                                                  Minor Rule Violation Plan by                                                                                    removes an obsolete and unnecessary
                                                                                                            and regulations thereunder, or the rules
                                                  aggregating the violations that occur in                                                                        penalty limitation. Thus, the Exchange
                                                                                                            of the exchange, by expulsion,
                                                  a month and sanctioning the violations                                                                          does not believe the proposed rule
                                                                                                            suspension, limitation of activities,
                                                  as a single offense. The Exchange                                                                               change will have any effect on
                                                                                                            functions, and operations, fine, censure,
                                                  proposes to continue its current                                                                                competition.
                                                                                                            being suspended or barred from being
                                                  recommendation of issuing a letter of                     associated with a member, or any other                C. Self-Regulatory Organization’s
                                                  caution for the first offense in a rolling                fitting sanction. Finally, the Exchange               Statement on Comments on the
                                                  24-month period. For the second                           believes that the proposed rule change                Proposed Rule Change Received From
                                                  violation in the period, the Exchange                     furthers the objectives of Section 6(b)(7)            Members, Participants, or Others
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                                                  proposes to issue a $1,000 penalty; for                   of the Act,11 in particular, in that it
                                                  the third a $2,500 penalty; for the fourth                                                                        The Exchange has not solicited, and
                                                                                                            provides fair procedures for the
                                                  a $5,000 penalty. Finally, if there occurs                                                                      does not intend to solicit, comments on
                                                  a fifth violation within a rolling 24-                      7 15 U.S.C. 78f(b).
                                                                                                                                                                  this proposed rule change. The
                                                  month period, the Exchange believes                         8 15 U.S.C. 78f(b)(5).                              Exchange has not received any
                                                                                                              9 15 U.S.C. 78f(b)(1).
                                                    5 17    CFR 240.19d–1(c).                                 10 15 U.S.C. 78f(b)(6).                               12 17   CFR 240.19d–1(c).
                                                    6 Id.                                                     11 15 U.S.C. 78f(b)(7).                               13 15   U.S.C. 78f(b)(8).



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                                                  9568                           Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices

                                                  unsolicited written comments from                       number should be included on the                      ‘‘Exchange’’ or ‘‘BATS’’) filed with the
                                                  Members or other interested parties.                    subject line if email is used. To help the            Securities and Exchange Commission
                                                                                                          Commission process and review your                    (the ‘‘Commission’’) the proposed rule
                                                  III. Date of Effectiveness of the
                                                                                                          comments more efficiently, please use                 change as described in Items I and II
                                                  Proposed Rule Change and Timing for
                                                                                                          only one method. The Commission will                  below, which Items have been prepared
                                                  Commission Action                                       post all comments on the Commission’s                 by the Exchange. The Exchange has
                                                     Because the foregoing proposed rule                  Internet Web site (http://www.sec.gov/                designated this proposal as a ‘‘non-
                                                  change does not: (A) Significantly affect               rules/sro.shtml). Copies of the                       controversial’’ proposed rule change
                                                  the protection of investors or the public               submission, all subsequent                            pursuant to Section 19(b)(3)(A) of the
                                                  interest; (B) impose any significant                    amendments, all written statements                    Act 3 and Rule 19b–4(f)(6)(iii)
                                                  burden on competition; and (C) by its                   with respect to the proposed rule                     thereunder,4 which renders it effective
                                                  terms, become operative for 30 days                     change that are filed with the                        upon filing with the Commission. The
                                                  from the date on which it was filed or                  Commission, and all written                           Commission is publishing this notice to
                                                  such shorter time as the Commission                     communications relating to the                        solicit comments on the proposed rule
                                                  may designate it has become effective                   proposed rule change between the                      change from interested persons.
                                                  pursuant to Section 19(b)(3)(A) of the                  Commission and any person, other than
                                                  Act 14 and paragraph (f)(6) of Rule 19b–                those that may be withheld from the                   I. Self-Regulatory Organization’s
                                                  4 thereunder,15 the Exchange has                        public in accordance with the                         Statement of the Terms of Substance of
                                                  designated this rule filing as non-                     provisions of 5 U.S.C. 552, will be                   the Proposed Rule Change
                                                  controversial. The Exchange has given                   available for Web site viewing and                       The Exchange is proposing to amend
                                                  the Commission written notice of its                    printing in the Commission’s Public                   the operation of Non-Displayed Orders 5
                                                  intent to file the proposed rule change,                Reference Room, 100 F Street NE.,                     and Reserve Orders 6 when they are to
                                                  along with a brief description and text                 Washington, DC 20549 on official                      be routed away from the Exchange
                                                  of the proposed rule change at least five               business days between the hours of                    pursuant to the Post to Away routing
                                                  business days prior to the date of filing               10:00 a.m. and 3:00 p.m. Copies of such               option set forth in Rule 11.13(b)(3)(H).
                                                  of the proposed rule change, or such                    filing also will be available for                        The text of the proposed rule change
                                                  shorter time as designated by the                       inspection and copying at the principal               is available at the Exchange’s Web site
                                                  Commission.                                             office of the Exchange. All comments                  at www.batstrading.com, at the
                                                     At any time within 60 days of the                    received will be posted without change;               principal office of the Exchange, and at
                                                  filing of the proposed rule change, the                 the Commission does not edit personal                 the Commission’s Public Reference
                                                  Commission summarily may                                identifying information from                          Room.
                                                  temporarily suspend such rule change if                 submissions. You should submit only
                                                                                                                                                                II. Self-Regulatory Organization’s
                                                  it appears to the Commission that such                  information that you wish to make
                                                                                                                                                                Statement of the Purpose of, and
                                                  action is: (1) Necessary or appropriate in              available publicly. All submissions
                                                                                                                                                                Statutory Basis for, the Proposed Rule
                                                  the public interest; (2) for the protection             should refer to File Number SR–EDGX–
                                                                                                                                                                Change
                                                  of investors; or (3) otherwise in                       2016–03, and should be submitted on or
                                                  furtherance of the purposes of the Act.                 before March 17, 2016.                                   In its filing with the Commission, the
                                                  If the Commission takes such action, the                                                                      Exchange included statements
                                                                                                            For the Commission, by the Division of
                                                  Commission shall institute proceedings                  Trading and Markets, pursuant to delegated            concerning the purpose of and basis for
                                                  to determine whether the proposed rule                  authority.16                                          the proposed rule change and discussed
                                                  should be approved or disapproved.                      Brent J. Fields,                                      any comments it received on the
                                                                                                          Secretary.                                            proposed rule change. The text of these
                                                  IV. Solicitation of Comments                                                                                  statements may be examined at the
                                                                                                          [FR Doc. 2016–03942 Filed 2–24–16; 8:45 am]
                                                    Interested persons are invited to                                                                           places specified in Item IV below. The
                                                                                                          BILLING CODE 8011–01–P
                                                  submit written data, views, and                                                                               Exchange has prepared summaries, set
                                                  arguments concerning the foregoing,                                                                           forth in Sections A, B, and C below, of
                                                  including whether the proposed rule                     SECURITIES AND EXCHANGE                               the most significant parts of such
                                                  change is consistent with the Act.                      COMMISSION                                            statements.
                                                  Comments may be submitted by any of                                                                           (A) Self-Regulatory Organization’s
                                                  the following methods:                                  [Release No. 34–77188; File No. SR–BATS–
                                                                                                          2016–18]                                              Statement of the Purpose of, and
                                                  Electronic Comments                                                                                           Statutory Basis for, the Proposed Rule
                                                                                                          Self-Regulatory Organizations; BATS                   Change
                                                    • Use the Commission’s Internet
                                                                                                          Exchange, Inc.; Notice of Filing and
                                                  comment form (http://www.sec.gov/                                                                             1. Purpose
                                                                                                          Immediate Effectiveness of a Proposed
                                                  rules/sro.shtml); or                                                                                             A Non-Displayed Order is an order
                                                                                                          Rule Change to Rule 11.13(b)(3)(H),
                                                    • Send an email to rule-comments@                                                                           that is not displayed on the Exchange.7
                                                                                                          Order Execution and Routing, To
                                                  sec.gov. Please include File Number SR–                                                                       A Reserve Order is a limit order with a
                                                                                                          Amend the Operation of Non-Displayed
                                                  EDGX–2016–03 on the subject line.                                                                             portion of the quantity displayed
                                                                                                          Orders and Reserve Orders
                                                  Paper Comments                                                                                                (‘‘Display Quantity’’) and with a reserve
                                                                                                          February 19, 2016.                                    portion of the quantity (‘‘Reserve
                                                    • Send paper comments in triplicate                      Pursuant to Section 19(b)(1) of the                Quantity’’) that is not displayed.8 Both
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                                                  to Brent J. Fields, Secretary, Securities               Securities Exchange Act of 1934 (the                  the Display Quantity and the Reserve
                                                  and Exchange Commission, 100 F Street                   ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  NE., Washington, DC 20549–1090.                         notice is hereby given that on February                 3 15 U.S.C. 78s(b)(3)(A).
                                                  All submissions should refer to File                    10, 2016, BATS Exchange, Inc. (the                      4 17 CFR 240.19b–4(f)(6)(iii).
                                                  Number SR–EDGX–2016–03. This file                                                                               5 See Exchange Rule 11.9(c)(11).
                                                                                                            16 17 CFR 200.30–3(a)(12).                            6 See Exchange Rule 11.9(c)(1).
                                                    14 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C. 78s(b)(1).                                7 See Exchange Rule 11.9(c)(11).
                                                    15 17 CFR 240.19b 4.                                    2 17 CFR 240.19b–4.                                   8 See Exchange Rule 11.9(c)(1).




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Document Created: 2018-02-02 14:35:07
Document Modified: 2018-02-02 14:35:07
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 9566 

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