Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Fees for Use of BATS Exchange, Inc., 26899-26901 [E9-12983]

Download as PDF Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices Goldman Sachs Global Equity Long/ Short Registered Fund, LLC [File No. 811–21375]; Goldman Sachs Global Relative Value Registered Fund, LLC [File No. 811–21377]; Goldman Sachs Global Event Driven Registered Fund, LLC [File No. 811–21378]; Goldman Sachs Global Tactical Trading Registered Fund, LLC [File No. 811– 21379] Summary: Each applicant, a closedend investment company, seeks an order declaring that it has ceased to be an investment company. Applicants have never made a public offering of their securities and do not propose to make a public offering or engage in business of any kind. Filing Dates: The applications were filed on March 23, 2009, and amended on May 21, 2009. Applicants’ Address: One New York Plaza, 39th Floor, New York, NY 10004. Man IP 220, LLC [File No. 811–21451]; Man Dual Absolute Return Fund [File No. 811–22070] Summary: Each applicant, a closedend investment company, seeks an order declaring that it has ceased to be an investment company. Applicants have never made a public offering of their securities and do not propose to make a public offering or engage in business of any kind. Filing Date: The applications were filed on May 8, 2009. Applicants’Address: 123 N. Wacker Dr., 28th Fl., Chicago, IL 60606. Pax World Growth Fund, Inc. [File No. 811–8097]; Pax World High Yield Fund, Inc. [File No. 811–9419] Summary: Each applicant seeks an order declaring that it has ceased to be an investment company. On April 2, 2007, each applicant transferred its assets to corresponding series of Pax World Funds Series Trust I, based on net asset value. Expenses of approximately $159,000 and $112,000, respectively, incurred in connection with the reorganizations were paid by each applicant. Filing Date: The applications were filed on May 8, 2009. Applicants’ Address: 30 Penhallow St., Suite 400, Portsmouth, NH 03801. Access Capital Strategies Community Investment Fund, Inc. [File No. 811– 21889] Summary: Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. On July 28, 2008, applicant transferred its assets to Access Capital Community Investment Fund, a series of Tamarack Funds Trust, based VerDate Nov<24>2008 15:16 Jun 03, 2009 Jkt 217001 on net asset value. Expenses of $723,000 incurred in connection with the reorganization were paid by Voyageur Asset Management Inc., applicant’s subadviser. Filing Dates: The application was filed on December 24, 2008, and amended on May 27, 2009. Applicant’s Address: 419 Boylston St., Suite 501, Boston, MA 02116. Separate Account VA–2NL of Transamerica Occidental Life Insurance Company [File No. 811– 07232] Summary: Applicant seeks an order declaring that it has ceased to be an investment company. Applicant requests deregistration based on abandonment of registration. Applicant is not now engaged, or intending to engage, in any business activities other than those necessary for winding up its affairs. Filing Date: The application was filed on March 11, 2009. Applicant’s Address: 4333 Edgewood Road NE, Cedar Rapids, IA 52499–0001. Separate Account VA–2NLNY of Transamerica Financial Life Insurance Company [File No. 811–07370] Summary: Applicant seeks an order declaring that it has ceased to be an investment company. Applicant requests deregistration based on abandonment of registration. Applicant is not now engaged, or intending to engage, in any business activities other than those necessary for winding up its affairs. Filing Date: The application was filed on March 11, 2009. Applicant’s Address: 100 Manhanttanville Road, Purchase, NY 10577. Genworth Life & Annuity VA Separate Account 3 [File No. 811–21970] Summary: Applicant seeks an order declaring that it has ceased to be an investment company. Applicant requests deregistration based on abandonment of registration. At the time of filing, applicant had less than 100 individual contract owners and was not making a public offering nor was it intending on making a public offering in the future and thus qualified for an exclusion from the definition of ‘‘investment company’’ in Section 3(c)(1) of the 1940 Act. Filing Dates: The application was filed on December 30, 2008, and amended and restated on February 20, 2009 and May 27, 2009. Applicant’s Address: 610 West Broad Street, Richmond, Virginia, 23230. PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 26899 For the Commission, by the Division of Investment Management, pursuant to delegated authority. Florence E. Harmon, Deputy Secretary. [FR Doc. E9–12996 Filed 6–3–09; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [File No. 500–1] In the Matter of Patriot Energy Corp.; Order of Suspension of Trading June 2, 2009. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Patriot Energy Corporation because of questions regarding the accuracy of assertions by Patriot Energy Corporation in press releases to investors concerning, among other things: (1) The company’s business agreements and (2) a tender offer for Patriot Energy Corporation’s outstanding shares. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of Patriot Energy Corp. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the securities Patriot Energy Corp. is suspended for the period from 9:30 a.m. EDT on June 2, 2009, through 11:59 p.m. EDT, on June 15, 2009. By the Commission. Jill M. Peterson, Assistant Secretary. [FR Doc. E9–13144 Filed 6–2–09; 4:15 pm] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–59990; File No. SR–BATS– 2009–016] Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Fees for Use of BATS Exchange, Inc. May 28, 2009. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on May 21, 2009, BATS Exchange, Inc. (‘‘BATS’’ or the ‘‘Exchange’’) filed with the 1 15 2 17 E:\FR\FM\04JNN1.SGM U.S.C. 78s(b)(1). CFR 240.19b–4. 04JNN1 26900 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 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. BATS has designated the proposed rule change as one establishing or changing a member due, fee, or other charge imposed by the Exchange under Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b–4(f)(2) thereunder,4 which renders the proposed rule change effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to modify its fee schedule applicable to use of the Exchange. While changes to the fee schedule pursuant to this proposal will be effective upon filing, the changes will become operative on May 22, 2009. The text of the proposed rule change is available at the Exchange’s Web site at https://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 Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to modify its fee schedule applicable to use of the Exchange effective May 22, 2009, in order to extend the same fee charged by the Exchange for its ‘‘CYCLE’’ routing strategy ($0.0025 per share) to any executions that result from the Exchange’s ‘‘RECYCLE’’ routing. The Exchange recently filed an immediately effective rule change with the Commission that permits the Exchange 3 15 4 17 U.S.C. 78s(b)(3)(A)(ii). CFR 240.19b–4(f)(2). VerDate Nov<24>2008 15:16 Jun 03, 2009 Jkt 217001 to offer Exchange Members the option to mark an order as eligible for re-routing if the order has been routed away from the Exchange then posted to the BATS Book and then another Trading Center locks or crosses such posted order.5 Such additional routing is referred to by the Exchange as RECYCLE routing. As noted above, the Exchange will charge the same fee for executions that result from RECYCLE routing as it does for CYCLE routing. Accordingly, the Exchange proposes to add a reference to RECYCLE on its fee schedule everywhere that CYCLE is referenced. 2. Statutory Basis The Exchange believes that the proposed rule change 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 of the Act.6 Specifically, the Exchange believes that the proposed rule change is consistent with Section 6(b)(4) of the Act,7 in that it provides for the equitable allocation of reasonable dues, fees and other charges among members and other persons using any facility or system which the Exchange operates or controls. The Exchange notes that it operates in a highly competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive. Finally, the Exchange believes that the proposed rates are equitable in that they apply uniformly to all Members. B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change imposes any burden on competition. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change has been designated as a fee change pursuant to Section 19(b)(3)(A)(ii) of the Act 8 and Rule 19b–4(f)(2) thereunder,9 because it establishes or changes a due, fee or other charge imposed on members 5 SR–BATS–2009–012 (filed May 20, 2009). U.S.C. 78f. 7 15 U.S.C. 78f(b)(4). 8 15 U.S.C. 89s(b)(3)(A)(ii). 9 17 CFR 240.19b–4(f)(2). 6 15 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 by the Exchange. Accordingly, the proposal is effective upon filing with the Commission. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposal is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File No. SR–BATS–2009–016 on the subject line. Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File No. SR–BATS–2009–016. This file number should be included on the subject line if e-mail 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 (https://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 changes 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 inspection and copying in the Commission’s Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of BATS. All comments received will be posted without change; the Commission does not edit personal identifying E:\FR\FM\04JNN1.SGM 04JNN1 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR–BATS–2009–016 and should be submitted on or before June 25, 2009. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–12983 Filed 6–3–09; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–60002; File No. SR– NYSEArca-2009–32] Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving the Proposed Rule Change Implementing NYSE Arca Realtime Reference Prices Service on a Permanent Basis May 29, 2009. I. Introduction On April 15, 2009, NYSE Arca, Inc. (‘‘NYSE Arca’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a proposed rule change to establish the NYSE Arca Realtime Reference Prices service on a permanent basis and to establish a flat monthly fee for that service. The proposed rule change was published for comment in the Federal Register on April 24, 2009.3 The Commission received no comment letters on the proposal. This order approves the proposed rule change. II. Description of the Proposal The Exchange proposes to establish the NYSE Arca Realtime Reference Prices service on a permanent basis and to establish a flat monthly fee for that service. The Exchange currently provides this service pursuant to a pilot program.4 The service allows a vendor 10 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 59790 (April 20, 2009), 74 FR 18758. 4 See Securities Exchange Act Release No. 58444 (August 29, 2008), 73 FR 51872 (September 5, 2008) (SR–NYSEArca-2008–96). The Commission has approved three extensions of the end date for the pilot program, which expires on June 30, 2009. See Securities Exchange Act Release Nos. 58895 (October 31, 2008), 73 FR 66956 (November 12, 2008) (SR–NYSEArca-2008–122); 59184 (December 30, 2008), 74 FR 755 (January 7, 2009) (SR– NYSEArca-2008–143); and 59662 (March 31, 2009), 1 15 VerDate Nov<24>2008 15:16 Jun 03, 2009 Jkt 217001 to redistribute, on a real-time basis last sale prices of transactions that take place on the Exchange (‘‘NYSE Arca Realtime Reference Prices’’). The Exchange has found that the pilot program provides a low-cost service that makes real-time prices widely available to casual investors, provides vendors with a useful real-time substitute for delayed prices, and relieves vendors of administrative burdens. The product is intended to be used for reference purposes, rather than as a basis for making trading decisions. The Service The NYSE Arca Realtime Reference Prices service allows internet service providers, traditional market data vendors, and others (collectively, ‘‘NYSE Arca-Only Vendors’’) to make available NYSE Arca Realtime Reference Prices on a real-time basis.5 The NYSE Arca Realtime Reference Price information includes last sale prices for all securities that trade on the Exchange. The product includes only prices, and does not include the size of each trade or bid/asked quotations. As with the pilot program, under the permanent service the Exchange will not permit NYSE Arca-Only Vendors to provide NYSE Arca Realtime Reference Prices in a context in which a trading or order-routing decision can be implemented unless the NYSE ArcaOnly Vendor also provides consolidated displays of Network A last sale prices available in an equivalent manner, as required by Rule 603(c)(1) of Regulation NMS. Also, as with the pilot program, the permanent service is intended to eliminate certain administrative burdens associated with the distribution of real-time CTA prices. Specifically, the permanent service would feature the same flat, fixed monthly vendor fee, no user-based fees, no vendor reporting requirements, and no professional or non-professional subscriber agreements. The Fee The Exchange proposes to retain the current $30,000 monthly flat access fee for the NYSE Arca Realtime Reference Prices service. For that fee, the NYSE Arca-Only Vendor may provide unlimited NYSE Arca Realtime Reference Prices to an unlimited number of the NYSE Arca-Only Vendor’s subscribers and customers. The pilot program does not impose any 74 FR 15571 (April 6, 2009) (SR–NYSEArca-2009– 25). 5 The Exchange notes that it will make the NYSE Arca Realtime Reference Prices available to vendors no earlier than it makes those prices available to the processor under the CTA Plan. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 26901 device or end-user fee for the NYSE Arca-Only Vendors’ distribution of NYSE Arca Realtime Reference Prices and the Exchange is not proposing to add any new fees for the permanent service. As with the pilot program, the Exchange proposes to require the NYSE Arca-Only Vendor to identify the NYSE Arca trade price by placing the text ‘‘NYSE Arca Data’’ in close proximity to the display of each NYSE Arca Realtime Reference Price or series of NYSE Arca Realtime Reference Prices, or by complying with such other identification requirement as to which NYSE Arca may agree. The NYSE ArcaOnly Vendor may make NYSE Arca Realtime Reference Prices available without having to differentiate between professional subscribers and nonprofessional subscribers, without having to account for the extent of access to the data, and without having to report the number of users. Contracts As with the pilot program, NYSE Arca proposes to allow NYSE Arca-Only Vendors to provide NYSE Arca Realtime Reference Prices without requiring the end-users to enter into contracts for the benefit of the Exchange. Instead, the Exchange proposes to require NYSE Arca-Only Vendors to provide a readily visible hyperlink that will send the enduser to a warning notice about the enduser’s receipt and use of market data. The notice would be similar to the notice that vendors provide today when providing CTA delayed data services. The Exchange will require NYSE Arca-Only Vendors to enter into the form of ‘‘vendor’’ agreement into which the CTA and CQ Plans require recipients of the Network A datafeeds to enter (the ‘‘Network A Vendor Form’’). The Network A Vendor Form will authorize the NYSE-Arca Only Vendor to provide the NYSE Arca Realtime Reference Prices service to its subscribers and customers. The Exchange will supplement the Network A Vendor Form with an Exhibit C that will provide terms and conditions that are unique to the NYSE Arca Realtime Reference Prices service. III. Discussion and Commission Findings The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Notices]
[Pages 26899-26901]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12983]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59990; File No. SR-BATS-2009-016]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Related to 
Fees for Use of BATS Exchange, Inc.

May 28, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on May 21, 2009, BATS Exchange, Inc. (``BATS'' or the 
``Exchange'') filed with the

[[Page 26900]]

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. BATS has designated the proposed rule change 
as one establishing or changing a member due, fee, or other charge 
imposed by the Exchange under Section 19(b)(3)(A)(ii) of the Act \3\ 
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposed rule 
change effective upon filing with the Commission. The Commission is 
publishing this notice to solicit comments on the proposed rule change 
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to modify its fee schedule applicable to use 
of the Exchange. While changes to the fee schedule pursuant to this 
proposal will be effective upon filing, the changes will become 
operative on May 22, 2009.
    The text of the proposed rule change is available at the Exchange's 
Web site at https://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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to modify its fee schedule applicable to use 
of the Exchange effective May 22, 2009, in order to extend the same fee 
charged by the Exchange for its ``CYCLE'' routing strategy ($0.0025 per 
share) to any executions that result from the Exchange's ``RECYCLE'' 
routing. The Exchange recently filed an immediately effective rule 
change with the Commission that permits the Exchange to offer Exchange 
Members the option to mark an order as eligible for re-routing if the 
order has been routed away from the Exchange then posted to the BATS 
Book and then another Trading Center locks or crosses such posted 
order.\5\ Such additional routing is referred to by the Exchange as 
RECYCLE routing. As noted above, the Exchange will charge the same fee 
for executions that result from RECYCLE routing as it does for CYCLE 
routing. Accordingly, the Exchange proposes to add a reference to 
RECYCLE on its fee schedule everywhere that CYCLE is referenced.
---------------------------------------------------------------------------

    \5\ SR-BATS-2009-012 (filed May 20, 2009).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change 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 of the Act.\6\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent with Section 6(b)(4) of the Act,\7\ in that it provides for 
the equitable allocation of reasonable dues, fees and other charges 
among members and other persons using any facility or system which the 
Exchange operates or controls. The Exchange notes that it operates in a 
highly competitive market in which market participants can readily 
direct order flow to competing venues if they deem fee levels at a 
particular venue to be excessive. Finally, the Exchange believes that 
the proposed rates are equitable in that they apply uniformly to all 
Members.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change imposes 
any burden on competition.

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

    No written comments were solicited or received.

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

    The foregoing proposed rule change has been designated as a fee 
change pursuant to Section 19(b)(3)(A)(ii) of the Act \8\ and Rule 19b-
4(f)(2) thereunder,\9\ because it establishes or changes a due, fee or 
other charge imposed on members by the Exchange. Accordingly, the 
proposal is effective upon filing with the Commission.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 89s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily abrogate such rule change if it 
appears to the Commission that such action is necessary or appropriate 
in the public interest, for the protection of investors, or otherwise 
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to rule-comments@sec.gov. Please include 
File No. SR-BATS-2009-016 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-BATS-2009-016. This file 
number should be included on the subject line if e-mail 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 (https://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 changes 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 inspection and 
copying in the Commission's Public Reference Room, 100 F Street, NE., 
Washington, DC 20549, on official business days between the hours of 10 
a.m. and 3 p.m. Copies of such filing also will be available for 
inspection and copying at the principal office of BATS. All comments 
received will be posted without change; the Commission does not edit 
personal identifying

[[Page 26901]]

information from submissions. You should submit only information that 
you wish to make available publicly. All submissions should refer to 
File No. SR-BATS-2009-016 and should be submitted on or before June 25, 
2009.
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-12983 Filed 6-3-09; 8:45 am]
BILLING CODE 8010-01-P
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