Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of BATS Exchange, Inc., 77576-77578 [2011-31891]

Download as PDF 77576 Federal Register / Vol. 76, No. 239 / Tuesday, December 13, 2011 / Notices record resulting actions taken on the applications and service. The third revision indicates that all of the Peace Corps’ General Routine Uses apply to PC–21. DATES: This proposed action will be effective without further notice January 27, 2012 without further action, unless adverse comment is received by Peace Corps by January 12, 2012. ADDRESSES: You may submit comments by email to pcfr@peacecorps.gov. Include Privacy Act System of Records in the subject line of the message. You may also submit comments by mail to Denora Miller, Privacy Act Officer, Peace Corps, 1111 20th Street NW., Washington, DC 20526. Contact Denora Miller for copies of comments. FOR FURTHER INFORMATION CONTACT: Denora Miller, Privacy Act Officer, (202) 692–1236, pcfr@peacecorps.gov. SUPPLEMENTARY INFORMATION: The Privacy Act, 5 U.S.C. 552a, provides that the public will be given a 30-day period in which to comment on a revised routine use. The Office of Management and Budget (OMB), which has oversight responsibility under the Act, requires a 40-day period in which to review the revision. In accordance with 5 U.S.C. 552a, Peace Corps has provided a report on this system to OMB and the Congress. Peace Corps is publishing changes which affect the public’s right or need to know. PC–21—Peace Corps Response Database. CHANGES: * * * * CATEGORY OF INDIVIDUALS COVERED BY THE SYSTEM: PURPOSE: To maintain records of individuals who apply for Peace Corps Response Volunteer service and to record resulting actions taken on the applications and service. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM: srobinson on DSK4SPTVN1PROD with NOTICES Sunshine Act Meeting [Release No. 34–65907; File No. SR–BATS– 2011–049] Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94–409, that the Securities and Exchange Commission will hold a Closed Meeting on Thursday, December 15, 2011 at 1:15 p.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters also may be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting. Commissioner Aguilar, as duty officer, voted to consider the items listed for the Closed Meeting in a closed session. The subject matter of the Closed Meeting scheduled for Thursday, December 15, 2011 will be: Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of BATS Exchange, Inc. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551–5400. All applicants for Volunteer service with the Peace Corps Response. General routine uses A through L apply to this system. SECURITIES AND EXCHANGE COMMISSION Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings; Other matters relating to enforcement proceedings; and A post argument discussion. SYSTEM NAME: * SECURITIES AND EXCHANGE COMMISSION December 8, 2011. Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2011–32002 Filed 12–9–11; 11:15 am] BILLING CODE 8011–01–P This notice is issued in Washington, DC, on December 5, 2011. Garry W. Stanberry, Deputy Associate Director, Management. Jkt 226001 I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend the fee schedule applicable to Members 5 and non-members of the Exchange pursuant to BATS Rules 15.1(a) and (c). While changes to the fee schedule pursuant to this proposal will be effective upon filing, the changes will become operative on December 1, 2011. 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 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b–4(f)(2). 5 A Member is any registered broker or dealer that has been admitted to membership in the Exchange. 2 17 BILLING CODE 6051–01–P 16:25 Dec 12, 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 November 30, 2011, BATS Exchange, Inc. (the ‘‘Exchange’’ or ‘‘BATS’’) 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 Exchange 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 [FR Doc. 2011–31898 Filed 12–12–11; 8:45 am] VerDate Mar<15>2010 December 7, 2011. PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1 Federal Register / Vol. 76, No. 239 / Tuesday, December 13, 2011 / Notices 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 srobinson on DSK4SPTVN1PROD with NOTICES 1. Purpose The Exchange proposes to modify the ‘‘Options Pricing’’ section of its fee schedule to change pricing with respect to orders routed to the C2 Options Exchange, Incorporated (‘‘C2’’). Effective November 1, 2011, C2 modified its transaction fees to assess fees on liquidity takers of either $0.44 or $0.45 per contract depending on the capacity associated with the order (e.g., public customer, professional, firm, or market maker).6 The Exchange currently charges certain flat rates for routing to other options exchanges that have been placed into three groups based on the approximate cost of routing to such venues. The grouping of away options exchanges is based on the cost of transaction fees assessed by each venue as well as costs to the Exchange for routing (i.e., clearing fees, infrastructure costs, etc.). The Exchange currently assesses fees of $0.30 per contract for Customer 7 orders and $0.55 per contract for Professional,8 Firm or Market Maker 9 orders routed to C2. In order to better approximate the cost to the Exchange of routing Customer orders to C2, the Exchange proposes to place C2 in the away options exchange grouping along with the Nasdaq Options Market (‘‘NOM’’) and NYSE Arca Options (‘‘Arca’’) in Make/Take issues.10 Accordingly, the Exchange 6 See Securities Exchange Act Release No. 65668 (November 2, 2011), 76 FR 69313 (November 8, 2011) (SR–C2–2011–032). 7 As defined on the Exchange’s fee schedule, a Customer order refers to an order identified by a Member for clearing in the Customer range at the Options Clearing Corporation (‘‘OCC’’), excluding any transaction for a ‘‘Professional’’ as defined in Exchange Rule 16.1. 8 The term ‘‘Professional’’ is defined in Exchange Rule 16.1 to mean any person or entity that (A) is not a broker or dealer in securities, and (B) places more than 390 orders in listed options per day on average during a calendar month for its own beneficial account(s). 9 As defined on the Exchange’s fee schedule, the terms ‘‘Firm’’ and ‘‘Market Maker’’ apply to any transaction identified by a member for clearing in the Firm or Market Maker range, respectively, at the OCC. 10 As defined on the fee schedule, Make/Take pricing refers to executions at the identified exchange under which ‘‘Post Liquidity’’ or ‘‘Maker’’ VerDate Mar<15>2010 16:25 Dec 12, 2011 Jkt 226001 proposes to charge a fee of $0.50 per contract for Customer orders and to continue to charge $0.55 per contract for Professional, Firm, or Market Maker orders routed to and executed at C2. 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.11 Specifically, the Exchange believes that the proposed rule change is consistent with Section 6(b)(4) of the Act,12 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 believes that its proposed routing rates are, on average, better than or equal to the fees a market participant would pay if routing through another market center. 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. Also, although routing options are available to all Members, Members are not required to use the Exchange’s routing services, but instead, the Exchange’s routing services are completely optional. Members can manage their own routing to different options exchanges or can utilize a myriad of other routing solutions that are available to market participants. Finally, the Exchange believes that its proposal to modify routing fees to C2 is reasonable because the modified fee is a better approximation of the cost to the Exchange for routing Customer orders to C2. 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. rebates (‘‘Make’’) are credited by that exchange and ‘‘Take Liquidity’’ or ‘‘Taker’’ fees (‘‘Take’’) are charged by that exchange. 11 15 U.S.C. 78f. 12 15 U.S.C. 78f(b)(4). PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 77577 III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Pursuant to Section 19(b)(3)(A)(ii) of the Act 13 and Rule 19b–4(f)(2) thereunder,14 the Exchange has designated this proposal as establishing or changing a due, fee, or other charge applicable to the Exchange’s Members and non-members, which renders the proposed rule change effective 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 (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rulecomments@sec.gov. Please include File Number SR–BATS–2011–049 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 Number SR–BATS–2011–049. 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 (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 change between the Commission and any person, other than those that may be withheld from the public in accordance with the 13 15 14 17 E:\FR\FM\13DEN1.SGM U.S.C. 78s(b)(3)(A)(ii). CFR 240.19b–4(f)(2). 13DEN1 77578 Federal Register / Vol. 76, No. 239 / Tuesday, December 13, 2011 / Notices 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 a.m. and 3 p.m. Copies of such filing will also 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 No. SR–BATS– 2011–049 and should be submitted on or before January 3, 2012. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Trinity3 Corporation because it has not filed any periodic reports since the period ended September 30, 2006. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed companies. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the securities of the abovelisted companies is suspended for the period from 9:30 a.m. EST on December 9, 2011, through 11:59 p.m. EST on December 22, 2011. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Hillsborough, Rockingham. The Interest Rates are: For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.15 Kevin M. O’Neill, Deputy Secretary. By the Commission. Elizabeth M. Murphy, Secretary. The number assigned to this disaster for physical damage is 12961B and for economic injury is 12962B. [FR Doc. 2011–32031 Filed 12–9–11; 11:15 am] BILLING CODE 8011–01–P (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) SMALL BUSINESS ADMINISTRATION James E. Rivera, Associate Administrator for Disaster Assistance. [Disaster Declaration #12961 and #12962] [FR Doc. 2011–31951 Filed 12–12–11; 8:45 am] [FR Doc. 2011–31891 Filed 12–12–11; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION srobinson on DSK4SPTVN1PROD with NOTICES December 9, 2011. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Brendan Technologies, Inc. because it has not filed any periodic reports since the period ended March 31, 2008. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of CenterStaging Corp. because it has not filed any periodic reports since the period ended September 30, 2007. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of PGMI, Inc. because it has not filed any periodic reports since the period ended December 31, 2006. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Thermal Energy Storage, Inc. because it has not filed any periodic reports since the period ended March 31, 2005. CFR 200.30–3(a)(12). 16:25 Dec 12, 2011 3.125 3.000 3.000 BILLING CODE 8025–01–P In the Matter of: Brendan Technologies, Inc., CenterStaging Corp., PGMI, Inc., Thermal Energy Storage, Inc., and Trinity3 Corporation; Order of Suspension of Trading VerDate Mar<15>2010 For Physical Damage: Non-Profit Organizations With Credit Available Elsewhere ... Non-Profit Organizations Without Credit Available Elsewhere ..................................... For Economic Injury: Non-Profit Organizations Without Credit Available Elsewhere ..................................... New Hampshire Disaster #NH–00022 [File No. 500–1] 15 17 Percent Jkt 226001 U.S. Small Business Administration. ACTION: Notice. SMALL BUSINESS ADMINISTRATION This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of New Hampshire (FEMA– 4049–DR), dated 12/05/2011. Incident: Severe Storm and Snowstorm. Incident Period: 10/29/2011 through 10/30/2011. Effective Date: 12/05/2011. Physical Loan Application Deadline Date: 02/03/2012. Economic Injury (EIDL) Loan Application Deadline Date: 09/05/2012. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President’s major disaster declaration on 12/05/2011, Private Non-Profit organizations that provide essential services of governmental nature may file disaster loan applications at the address listed above or other locally announced locations. Oklahoma Disaster #OK–00057 AGENCY: SUMMARY: PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 [Disaster Declaration #12955 and #12956] U.S. Small Business Administration. ACTION: Notice. AGENCY: This is a notice of an Administrative declaration of a disaster for the State of Oklahoma dated 12/07/ 2011. Incident: Earthquakes. Incident Period: 11/05/2011 and continuing. Effective Date: 12/07/2011. Physical Loan Application Deadline Date: 02/06/2012. Economic Injury (EIDL) Loan Application Deadline Date: 09/07/2012. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator’s disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. SUMMARY: E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

[Federal Register Volume 76, Number 239 (Tuesday, December 13, 2011)]
[Notices]
[Pages 77576-77578]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31891]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65907; File No. SR-BATS-2011-049]


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

December 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 November 30, 2011, BATS Exchange, Inc. (the ``Exchange'' or 
``BATS'') 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 
Exchange 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 amend the fee schedule applicable to 
Members \5\ and non-members of the Exchange pursuant to BATS Rules 
15.1(a) and (c). While changes to the fee schedule pursuant to this 
proposal will be effective upon filing, the changes will become 
operative on December 1, 2011.
---------------------------------------------------------------------------

    \5\ A Member is any registered broker or dealer that has been 
admitted to membership in the Exchange.
---------------------------------------------------------------------------

    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

[[Page 77577]]

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 the ``Options Pricing'' section of 
its fee schedule to change pricing with respect to orders routed to the 
C2 Options Exchange, Incorporated (``C2''). Effective November 1, 2011, 
C2 modified its transaction fees to assess fees on liquidity takers of 
either $0.44 or $0.45 per contract depending on the capacity associated 
with the order (e.g., public customer, professional, firm, or market 
maker).\6\ The Exchange currently charges certain flat rates for 
routing to other options exchanges that have been placed into three 
groups based on the approximate cost of routing to such venues. The 
grouping of away options exchanges is based on the cost of transaction 
fees assessed by each venue as well as costs to the Exchange for 
routing (i.e., clearing fees, infrastructure costs, etc.). The Exchange 
currently assesses fees of $0.30 per contract for Customer \7\ orders 
and $0.55 per contract for Professional,\8\ Firm or Market Maker \9\ 
orders routed to C2. In order to better approximate the cost to the 
Exchange of routing Customer orders to C2, the Exchange proposes to 
place C2 in the away options exchange grouping along with the Nasdaq 
Options Market (``NOM'') and NYSE Arca Options (``Arca'') in Make/Take 
issues.\10\ Accordingly, the Exchange proposes to charge a fee of $0.50 
per contract for Customer orders and to continue to charge $0.55 per 
contract for Professional, Firm, or Market Maker orders routed to and 
executed at C2.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 65668 (November 2, 
2011), 76 FR 69313 (November 8, 2011) (SR-C2-2011-032).
    \7\ As defined on the Exchange's fee schedule, a Customer order 
refers to an order identified by a Member for clearing in the 
Customer range at the Options Clearing Corporation (``OCC''), 
excluding any transaction for a ``Professional'' as defined in 
Exchange Rule 16.1.
    \8\ The term ``Professional'' is defined in Exchange Rule 16.1 
to mean any person or entity that (A) is not a broker or dealer in 
securities, and (B) places more than 390 orders in listed options 
per day on average during a calendar month for its own beneficial 
account(s).
    \9\ As defined on the Exchange's fee schedule, the terms 
``Firm'' and ``Market Maker'' apply to any transaction identified by 
a member for clearing in the Firm or Market Maker range, 
respectively, at the OCC.
    \10\ As defined on the fee schedule, Make/Take pricing refers to 
executions at the identified exchange under which ``Post Liquidity'' 
or ``Maker'' rebates (``Make'') are credited by that exchange and 
``Take Liquidity'' or ``Taker'' fees (``Take'') are charged by that 
exchange.
---------------------------------------------------------------------------

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.\11\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent with Section 6(b)(4) of the Act,\12\ 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that its proposed routing rates are, on 
average, better than or equal to the fees a market participant would 
pay if routing through another market center. 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. Also, although routing 
options are available to all Members, Members are not required to use 
the Exchange's routing services, but instead, the Exchange's routing 
services are completely optional. Members can manage their own routing 
to different options exchanges or can utilize a myriad of other routing 
solutions that are available to market participants. Finally, the 
Exchange believes that its proposal to modify routing fees to C2 is 
reasonable because the modified fee is a better approximation of the 
cost to the Exchange for routing Customer orders to C2.

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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act \13\ and Rule 19b-
4(f)(2) thereunder,\14\ the Exchange has designated this proposal as 
establishing or changing a due, fee, or other charge applicable to the 
Exchange's Members and non-members, which renders the proposed rule 
change effective upon filing.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \14\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-BATS-2011-049 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 Number SR-BATS-2011-049. 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 (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 change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the

[[Page 77578]]

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 
a.m. and 3 p.m. Copies of such filing will also 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 No. SR-BATS-2011-049 and should be 
submitted on or before January 3, 2012.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-31891 Filed 12-12-11; 8:45 am]
BILLING CODE 8011-01-P
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