Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Modify the Trading Halt Rule of BATS Options, 61422-61424 [2013-24165]
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61422
Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Notices
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 No. SR–
CME–2013–20 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.
tkelley on DSK3SPTVN1PROD with NOTICES
All submissions should refer to File
Number SR–CME–2013–20. 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
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 or
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 CME and on CME’s Web site at
https://www.cmegroup.com/marketregulation/rule-filings.html.
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–CME–2013–20 and should
be submitted on or before October 24,
2013.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–24243 Filed 10–2–13; 8:45 am]
BILLING CODE 8011–01–P
12 17
18:29 Oct 02, 2013
[Release No. 34–70548; File No. SR–BATS–
2013–052]
Self-Regulatory Organizations; BATS
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Modify the Trading
Halt Rule of BATS Options
September 27, 2013.
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
September 20, 2013, BATS Exchange,
Inc. (the ‘‘Exchange’’ or ‘‘BATS’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the Exchange. The
Exchange has designated this proposal
as a ‘‘non-controversial’’ proposed rule
change pursuant to Section 19(b)(3)(A)
of the Act 3 and Rule 19b–4(f)(6)(iii)
thereunder,4 which renders it 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 filed a proposal to
amend Rule 20.3, entitled ‘‘Trading
Halts,’’ to authorize the Exchange to
nullify a transaction that occurs after a
halt has been issued.
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.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6)(iii).
2 17
CFR 200.30–3(a)(12).
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COMMISSION
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A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of this filing is to amend
Rule 20.3, which is applicable to the
Exchange’s equity options platform
(‘‘BATS Options’’), to authorize the
Exchange to nullify transactions that
occur during a trading halt. Specifically,
the Exchange proposes to adopt
Interpretation and Policy .01, which
will state that the Exchange may nullify
any transaction that occurs: (a) During a
trading halt in the affected option on the
Exchange; or (b) with respect to equity
options (including options overlying
exchange traded funds (‘‘ETFs’’)),
during a trading halt on the primary
listing market for the underlying
security. The Exchange believes the
proposed rule change will allow the
Exchange to avoid any unnecessary
harm from allowing erroneous trades to
stand if such trades occur after a trading
halt has been issued, as explained
below.
With respect to a trading halt in the
affected option on the Exchange, if any
trades occur notwithstanding such halt
then the Exchange believes it
appropriate to nullify such transactions.
While the Exchange may halt options
trading for various reasons, such a
scenario almost certainly is due to
extraordinary circumstances and is
potentially the result of market-wide
coordination to halt options trading or
trading generally. Accordingly, the
Exchange does not believe it is
appropriate to allow trades to stand if
such trades should not have occurred in
the first place. Similarly, the Exchange
believes that trades occurring during a
trading halt on the primary listing
market for a security that underlies an
equity option should be nullified.
Executions in options overlying a halted
security do not have proper reference
prices and could diverge significantly
from the price at which such options
will trade when the underlying security
is re-opened. Thus, nullification of such
trades will protect investors from
potential harm. Further, the halt in the
underlying security is often issued to
prevent harm to investors and the
Exchange believes that this same
protection should be afforded to
investors in the overlying option. The
Exchange notes that primary listing
markets for equity securities have
various authority to halt trading in their
listed securities, including for
regulatory reasons or based upon certain
notifications provided by an issuer. The
Exchange also notes that the proposed
E:\FR\FM\03OCN1.SGM
03OCN1
Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Notices
rule change will align the Exchange’s
rules regarding nullification of trades
during a trading halt with the rules of
certain other options exchanges.5
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.6
In particular, the proposal is consistent
with Section 6(b)(5) of the Act,7 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. The
Exchange believes the proposed rule
change fulfills these requirements
because it will allow the Exchange to
avoid harm to investors resulting from
trades that execute during a trading halt.
Specifically, the proposal will protect
market participants from transactions
occurring either during extraordinary
circumstances with respect to options
trading or at a time when there is no
adequate source of information
regarding the value of the underlying
security. Nullifying transactions as
proposed in connection with the
proposed rule will help to protect
investors from harm caused by trading
losses during times of uncertainty or
during systemic market events.
Furthermore, the proposed change is
based on the approved rules of certain
other options exchanges.8
B. Self-Regulatory Organization’s
Statement on Burden on Competition
tkelley on DSK3SPTVN1PROD with NOTICES
The Exchange believes the proposal is
consistent with Section 6(b)(8) of the
Act 9 in that it does not impose any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. As
previously noted, the proposed rule
change will align the Exchange’s rules
regarding the nullification of trades that
occur during a trading halt with the
rules of certain other exchanges.10
Therefore, the Exchange does not
believe the proposed change will
impose any burden on competition.
5 See MIAX Rule 521(c)(4); see also NASDAQ
OMX PHLX Rule 1092(c)(iv); NYSE Arca Options
Rule 6.65, Commentary .04; NYSE MKT Rule
953NY, Commentary .04.
6 15 U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(5).
8 See supra note 5.
9 15 U.S.C. 78f(b)(8).
10 See supra note 5.
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18:29 Oct 02, 2013
Jkt 232001
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received written comments on the
proposed rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the 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, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 11 and Rule 19b–4(f)(6)
thereunder.12
The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Exchange stated that waiver
of this requirement will allow the
Exchange to apply the proposed change
to the Exchange’s trading halt rule
immediately, which will in turn protect
market participants from transactions
occurring either during extraordinary
circumstances with respect to options
trading or at a time when there is no
adequate source of information
regarding the value of the underlying
security. The Exchange also stated that
nullifying transactions as proposed in
connection with the proposed rule will
help to protect investors from harm
caused by trading losses during times of
uncertainty or during systemic market
events. For these reasons, the
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest. Therefore, the
Commission designates the proposed
rule change to be operative upon
filing.13
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
11 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). As required under Rule
19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the 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.
13 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
12 17
PO 00000
Frm 00103
Fmt 4703
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61423
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 email to rule-comments@
sec.gov. Please include File Number SR–
BATS–2013–052 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–2013–052. 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
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 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–
2013–052 and should be submitted on
or before October 24, 2013.
E:\FR\FM\03OCN1.SGM
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61424
Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–24165 Filed 10–2–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–70544; File No. SR–NSCC–
2013–10]
Self-Regulatory Organizations;
National Securities Clearing
Corporation; Notice of Filing of
Proposed Rule Change to
Decommission Its Trade Risk Pro
Service
September 27, 2013.
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
September 16, 2013, National Securities
Clearing Corporation (‘‘NSCC’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) a
proposed rule change as described in
Items I, II and III below, which Items
have been prepared primarily by NSCC.
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 proposed rule change consists of
amendments to the Rules & Procedures
(‘‘Rules’’) of NSCC to decommission the
DTCC Trade Risk Pro service as more
fully described below.
tkelley on DSK3SPTVN1PROD with NOTICES
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
NSCC 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. NSCC has prepared
summaries, set forth in sections A, B,
and C below, of the most significant
aspects of such statements.
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
18:29 Oct 02, 2013
1. Purpose. [sic]
By this filing, NSCC proposes to
decommission the DTCC Trade Risk Pro
service (‘‘Trade Risk Pro’’). Trade Risk
Pro was designed to allow Members to
monitor intraday trading activity of their
organizations and/or their
correspondent firms through review of
post-trade data.3 While several firms
participated in a pilot of Trade Risk Pro,
no Members are currently enrolled in
Trade Risk Pro and it is not currently
cost-effective to maintain the service.
Pending approval by the Commission,
NSCC will decommission Trade Risk
Pro and revise its Rules to delete the
current Rule 54 (Trade Risk Pro) and
Procedure XVII (Trade Risk Pro). Rule
54 will be designated as reserved for
future use. The effective date of the
proposed rule change will be
announced via an NSCC Important
Notice.
2. Statutory Basis
The proposed rule change is
consistent with the requirements of
Section 17A(b)(3)(F) of the Act,4 as
amended, and the rules and regulations
thereunder, because, by closing an
underutilized service, it allows for the
allocation of resources among other
clearing agency functions, and therefore
facilitates the prompt and accurate
clearance and settlement of securities
transactions.
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
NSCC does not believe that the
proposed rule change will have any
impact, or impose any burden, on
competition, as there are no Members
that currently use Trade Risk Pro.
(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments relating to the
proposed rule change have not yet been
solicited or received with respect to this
filing.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
3 See Securities Exchange Act Release No. 66068
(Dec. 29, 2011), 77 FR 528 (Jan. 5, 2012) (File No.
SR–DTC–2011–10).
4 15 U.S.C. 78q–1(b)(3)(F).
14 17
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(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
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up to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will:
(A) By order approve or disapprove
such proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
The clearing agency shall post notice
on its Web site of proposed changes that
are implemented.
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 No. SR–
NSCC–2013–10 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–NSCC–2013–10. 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
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
filings also will be available for
inspection and copying at the principal
office of NSCC and on NSCC’s Web site
at https://dtcc.com/legal/rule_filings/
E:\FR\FM\03OCN1.SGM
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Agencies
[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Notices]
[Pages 61422-61424]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24165]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-70548; File No. SR-BATS-2013-052]
Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Modify
the Trading Halt Rule of BATS Options
September 27, 2013.
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 September 20, 2013, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it 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).
\4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange filed a proposal to amend Rule 20.3, entitled
``Trading Halts,'' to authorize the Exchange to nullify a transaction
that occurs after a halt has been issued.
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 purpose of this filing is to amend Rule 20.3, which is
applicable to the Exchange's equity options platform (``BATS
Options''), to authorize the Exchange to nullify transactions that
occur during a trading halt. Specifically, the Exchange proposes to
adopt Interpretation and Policy .01, which will state that the Exchange
may nullify any transaction that occurs: (a) During a trading halt in
the affected option on the Exchange; or (b) with respect to equity
options (including options overlying exchange traded funds (``ETFs'')),
during a trading halt on the primary listing market for the underlying
security. The Exchange believes the proposed rule change will allow the
Exchange to avoid any unnecessary harm from allowing erroneous trades
to stand if such trades occur after a trading halt has been issued, as
explained below.
With respect to a trading halt in the affected option on the
Exchange, if any trades occur notwithstanding such halt then the
Exchange believes it appropriate to nullify such transactions. While
the Exchange may halt options trading for various reasons, such a
scenario almost certainly is due to extraordinary circumstances and is
potentially the result of market-wide coordination to halt options
trading or trading generally. Accordingly, the Exchange does not
believe it is appropriate to allow trades to stand if such trades
should not have occurred in the first place. Similarly, the Exchange
believes that trades occurring during a trading halt on the primary
listing market for a security that underlies an equity option should be
nullified. Executions in options overlying a halted security do not
have proper reference prices and could diverge significantly from the
price at which such options will trade when the underlying security is
re-opened. Thus, nullification of such trades will protect investors
from potential harm. Further, the halt in the underlying security is
often issued to prevent harm to investors and the Exchange believes
that this same protection should be afforded to investors in the
overlying option. The Exchange notes that primary listing markets for
equity securities have various authority to halt trading in their
listed securities, including for regulatory reasons or based upon
certain notifications provided by an issuer. The Exchange also notes
that the proposed
[[Page 61423]]
rule change will align the Exchange's rules regarding nullification of
trades during a trading halt with the rules of certain other options
exchanges.\5\
---------------------------------------------------------------------------
\5\ See MIAX Rule 521(c)(4); see also NASDAQ OMX PHLX Rule
1092(c)(iv); NYSE Arca Options Rule 6.65, Commentary .04; NYSE MKT
Rule 953NY, Commentary .04.
---------------------------------------------------------------------------
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.\6\ In particular, the
proposal is consistent with Section 6(b)(5) of the Act,\7\ 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. The Exchange believes the proposed rule
change fulfills these requirements because it will allow the Exchange
to avoid harm to investors resulting from trades that execute during a
trading halt. Specifically, the proposal will protect market
participants from transactions occurring either during extraordinary
circumstances with respect to options trading or at a time when there
is no adequate source of information regarding the value of the
underlying security. Nullifying transactions as proposed in connection
with the proposed rule will help to protect investors from harm caused
by trading losses during times of uncertainty or during systemic market
events. Furthermore, the proposed change is based on the approved rules
of certain other options exchanges.\8\
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(5).
\8\ See supra note 5.
---------------------------------------------------------------------------
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 \9\ in that it does not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. As previously noted, the proposed rule change will
align the Exchange's rules regarding the nullification of trades that
occur during a trading halt with the rules of certain other
exchanges.\10\ Therefore, the Exchange does not believe the proposed
change will impose any burden on competition.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78f(b)(8).
\10\ See supra note 5.
---------------------------------------------------------------------------
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has neither solicited nor received written comments on
the proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the 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, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6)
thereunder.\12\
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange stated that waiver of this requirement will allow
the Exchange to apply the proposed change to the Exchange's trading
halt rule immediately, which will in turn protect market participants
from transactions occurring either during extraordinary circumstances
with respect to options trading or at a time when there is no adequate
source of information regarding the value of the underlying security.
The Exchange also stated that nullifying transactions as proposed in
connection with the proposed rule will help to protect investors from
harm caused by trading losses during times of uncertainty or during
systemic market events. For these reasons, the Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest. Therefore, the Commission designates
the proposed rule change to be operative upon filing.\13\
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\13\ For purposes only of waiving the 30-day operative delay,
the Commission has also 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 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 email to rule-comments@sec.gov. Please include
File Number SR-BATS-2013-052 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-2013-052. 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
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 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-2013-052 and should be
submitted on or before October 24, 2013.
[[Page 61424]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24165 Filed 10-2-13; 8:45 am]
BILLING CODE 8011-01-P