Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Temporarily Extend the Availability of a Data Feed, 41315-41316 [2011-17523]

Download as PDF Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Notices Simon, 6432 General Green Way, Alexandria, Virginia 22312 or send an email to: PRA_Mailbox@sec.gov. forth in Sections A, B, and C below, of the most significant parts of such statements. Dated: July 7, 2011. Cathy H. Ahn, Deputy Secretary. A. Self-Regulatory Organization’s Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change [FR Doc. 2011–17517 Filed 7–12–11; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–64835; File No. SR–BATS– 2011–020] Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Temporarily Extend the Availability of a Data Feed July 7, 2011. 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 July 5, 2011, BATS Exchange, Inc. (‘‘BATS’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I and II 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. mstockstill on DSK4VPTVN1PROD with NOTICES I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend BATS Rule 11.22 to extend the availability of its TCP FAST PITCH data feed for one additional month to allow recipients of the feed additional time to transition to other Exchange data feeds. The text of the proposed rule change is available at the Exchange’s Web site at http://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 1 15 2 17 1. Purpose The purpose of the proposed rule change is to extend the availability of its TCP FAST PITCH data feed for one additional month to allow recipients of the feed additional time to transition to other Exchange data feeds. The Exchange originally planned to decommission the TCP FAST PITCH data feed effective July 1, 2011, but is proposing to extend this date for one month at the request of certain data recipients that have not completed their transition to one of the alternative data feeds provided by the Exchange. 2. Statutory Basis The rule change proposed in this submission 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.3 In particular, the proposed change is consistent with Section 6(b)(5) of the Act,4 because it would 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 believes that an additional month to allow certain data recipients to transition to other data feeds offered by the Exchange will help to avoid a disruption of such data recipients’ business. 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 Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public U.S.C. 78s(b)(1). CFR 240.19b–4. VerDate Mar<15>2010 17:36 Jul 12, 2011 3 15 4 15 Jkt 223001 PO 00000 U.S.C. 78f(b). U.S.C. 78f(b)(5). Frm 00130 Fmt 4703 Sfmt 4703 41315 interest; (ii) impose any significant burden on competition; and (iii) 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 5 and Rule 19b– 4(f)(6) thereunder.6 A proposed rule change filed pursuant to Rule 19b–4(f)(6) under the Act7 normally does not become operative for 30 days after the date of its filing. However, Rule 19b–4(f)(6) 8 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. BATS requests that the Commission waive the 30-day operative delay in order to allow BATS to permit the Exchange to continue to offer, until August 1, 2011, the TCP FAST PITCH data feed while certain data recipients transition to another data feed. The Commission believes that waiving the 30-day operative delay 9 is consistent with the protection of investors and the public interest and designates the proposal operative upon filing. 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 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 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 e-mail to rulecomments@sec.gov. Please include File Number SR–BATS–2011–020 on the subject line. 5 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file 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. BATS has satisfied this requirement. 7 17 CFR 240.19b–4(f)(6). 8 Id. 9 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 6 17 E:\FR\FM\13JYN1.SGM 13JYN1 41316 Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Notices Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. SECURITIES AND EXCHANGE COMMISSION [Release No. 34–64836; File No. SR–BYX– 2011–014] Self-Regulatory Organizations; BATS Y–Exchange, Inc.; Notice of Filing and All submissions should refer to File Immediate Effectiveness of Proposed Number SR–BATS–2011–020. This file Rule Change to Temporarily Extend number should be included on the subject line if e-mail is used. To help the the Availability of a Data Feed Commission process and review your July 7, 2011 comments more efficiently, please use Pursuant to Section 19(b)(1) of the only one method. The Commission will post all comments on the Commission’s Securities Exchange Act of 1934 (the ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Internet Web site (http://www.sec.gov/ notice is hereby given that on July 5, rules/sro.shtml). Copies of the 2011, BATS Y–Exchange, Inc. (‘‘BYX’’ submission,10 all subsequent or the ‘‘Exchange’’) filed with the amendments, all written statements Securities and Exchange Commission with respect to the proposed rule (the ‘‘Commission’’) the proposed rule change that are filed with the change as described in Items I and II Commission, and all written below, which Items have been prepared communications relating to the by the Exchange. The Commission is proposed rule change between the Commission and any person, other than publishing this notice to solicit comments on the proposed rule change those that may be withheld from the from interested persons. public in accordance with the provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s available for Web site viewing and Statement of the Terms of Substance of printing in the Commission’s Public the Proposed Rule Change Reference Room, on official business days between the hours of 10 a.m. and The Exchange proposes to amend 3 p.m. Copies of the filing also will be BYX Rule 11.22 to extend the available for inspection and copying at availability of its TCP FAST PITCH data the principal office of the Exchange. All feed for one additional month to allow comments received will be posted recipients of the feed additional time to without change; the Commission does transition to other Exchange data feeds. not edit personal identifying The text of the proposed rule change information from submissions. You is available at the Exchange’s Web site should submit only information that at http://www.batstrading.com, at the you wish to make available publicly. All principal office of the Exchange, and at submissions should refer to File the Commission’s Public Reference Number SR–BATS–2011–020 and Room. should be submitted on or before II. Self-Regulatory Organization’s August 3, 2011. Statement of the Purpose of, and For the Commission, by the Division of Statutory Basis for, the Proposed Rule Trading and Markets, pursuant to delegated Change authority.11 Cathy H. Ahn, Deputy Secretary. 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. [FR Doc. 2011–17523 Filed 7–12–11; 8:45 am] mstockstill on DSK4VPTVN1PROD with NOTICES BILLING CODE 8011–01–P 10 The text of the proposed rule change is available on the Commission’s Web site at http:// www.sec.gov/rules/sro.shtml. 11 17 CFR 200.30–3(a)(12). VerDate Mar<15>2010 17:36 Jul 12, 2011 Jkt 223001 PO 00000 1 15 2 17 U.S.C. 78s(b)(1). CFR 240.19b–4. Frm 00131 Fmt 4703 A. Self-Regulatory Organization’s Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to extend the availability of its TCP FAST PITCH data feed for one additional month to allow recipients of the feed additional time to transition to other Exchange data feeds. The Exchange originally planned to decommission the TCP FAST PITCH data feed effective July 1, 2011, but is proposing to extend this date for one month at the request of certain data recipients that have not completed their transition to one of the alternative data feeds provided by the Exchange. 2. Statutory Basis The rule change proposed in this submission 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.3 In particular, the proposed change is consistent with Section 6(b)(5) of the Act,4 because it would 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 believes that an additional month to allow certain data recipients to transition to other data feeds offered by the Exchange will help to avoid a disruption of such data recipients’ business. 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 Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on 3 15 4 15 Sfmt 4703 E:\FR\FM\13JYN1.SGM U.S.C. 78f(b). U.S.C. 78f(b)(5). 13JYN1

Agencies

[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Notices]
[Pages 41315-41316]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17523]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64835; File No. SR-BATS-2011-020]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To 
Temporarily Extend the Availability of a Data Feed

July 7, 2011.
    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 July 5, 2011, BATS Exchange, Inc. (``BATS'' or the 
``Exchange'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
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 proposes to amend BATS Rule 11.22 to extend the 
availability of its TCP FAST PITCH data feed for one additional month 
to allow recipients of the feed additional time to transition to other 
Exchange data feeds.
    The text of the proposed rule change is available at the Exchange's 
Web site at http://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 purpose of the proposed rule change is to extend the 
availability of its TCP FAST PITCH data feed for one additional month 
to allow recipients of the feed additional time to transition to other 
Exchange data feeds. The Exchange originally planned to decommission 
the TCP FAST PITCH data feed effective July 1, 2011, but is proposing 
to extend this date for one month at the request of certain data 
recipients that have not completed their transition to one of the 
alternative data feeds provided by the Exchange.
2. Statutory Basis
    The rule change proposed in this submission 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.\3\ In particular, the 
proposed change is consistent with Section 6(b)(5) of the Act,\4\ 
because it would 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 believes that an additional month to 
allow certain data recipients to transition to other data feeds offered 
by the Exchange will help to avoid a disruption of such data 
recipients' business.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
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 \5\ and Rule 19b-
4(f)(6) thereunder.\6\
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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file 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. 
BATS has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act\7\ normally does not become operative for 30 days after the date of 
its filing. However, Rule 19b-4(f)(6) \8\ permits the Commission to 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. BATS requests that the 
Commission waive the 30-day operative delay in order to allow BATS to 
permit the Exchange to continue to offer, until August 1, 2011, the TCP 
FAST PITCH data feed while certain data recipients transition to 
another data feed. The Commission believes that waiving the 30-day 
operative delay \9\ is consistent with the protection of investors and 
the public interest and designates the proposal operative upon filing.
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    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ Id.
    \9\ For purposes only of waiving the 30-day operative delay, the 
Commission has considered the proposed rule's impact on efficiency, 
competition, and capital formation. See 15 U.S.C. 78c(f).
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    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 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 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 e-mail to rule-comments@sec.gov. Please include 
File Number SR-BATS-2011-020 on the subject line.

[[Page 41316]]

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 Number SR-BATS-2011-020. 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 (http://www.sec.gov/rules/sro.shtml). Copies of the submission,\10\ 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, on 
official business days between the hours of 10 a.m. and 3 p.m. Copies 
of the filing also will be available for inspection and copying at the 
principal office of the Exchange. All comments received will be posted 
without change; the Commission does not edit personal identifying 
information from submissions. You should submit only information that 
you wish to make available publicly. All submissions should refer to 
File Number SR-BATS-2011-020 and should be submitted on or before 
August 3, 2011.
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    \10\ The text of the proposed rule change is available on the 
Commission's Web site at http://www.sec.gov/rules/sro.shtml.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-17523 Filed 7-12-11; 8:45 am]
BILLING CODE 8011-01-P