Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing of a Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To Modify the BATS Options Opening Process, 3897-3900 [2014-01249]
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Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–01251 Filed 1–22–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71327; File No. SR–BATS–
2014–003]
Self-Regulatory Organizations; BATS
Exchange, Inc.; Notice of Filing of a
Proposed Rule Change, as Modified by
Amendment No. 1 Thereto, To Modify
the BATS Options Opening Process
January 16, 2014.
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 January 6,
2014, 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. On January 16, 2014,
the Exchange filed Amendment No. 1 to
the proposed rule change.3 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 the Substance
of the Proposed Rule Change
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The Exchange filed a proposal to
amend Rule 20.3, entitled ‘‘Trading
Halts,’’ Rule 20.4, entitled ‘‘Resumption
of Trading After a Halt,’’ and Rule 21.7,
entitled ‘‘Market Opening Procedures’’
in order to modify the manner in which
the Exchange’s equity options trading
platform (‘‘BATS Options’’) opens
trading at the beginning of the day and
after trading halts.
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, at the
Commission’s Public Reference Room,
and at the Commission’s Web site at
https://www.sec.gov.
15 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 In Amendment No. 1, the Exchange corrected a
typographical error contained in its original
submission related to its description of how the
Exchange’s Rule 20.6, governing Obvious Errors,
currently operates.
1 15
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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 the proposed rule
changes is to amend Exchange Rules
20.3, 20.4, and 21.7 in order to allow
BATS Options to accept orders and
quotes in all options series prior to the
first transaction in the underlying
security on the primary listing market
and during a halt, as well as to establish
a process for matching such orders
immediately prior to the opening of
trading in such options series.
Currently, BATS Options does not
accept any orders or quotes while
trading is not open in an options class.
This includes both prior to the first
transaction in the underlying security
on the primary listing market and
during a halt. BATS Options currently
opens trading in options: (i) After the
first transaction on the primary listing
market after 9:30 a.m. Eastern Time in
the securities underlying the options as
reported on the first print disseminated
pursuant to an effective national market
system plan; or (ii) any time after 9:30
a.m. Eastern Time where the Exchange
determines that the interests of a fair
and orderly market are best served by
opening trading in the options contracts.
With respect to index options, trading
opens at 9:30 a.m. Eastern Time. The
Exchange may also delay the
commencement of trading in any class
of options in the interests of a fair and
orderly market. Upon a halt, the
Exchange currently cancels all orders
and quotes and trading does not resume
upon the determination by the Exchange
that the conditions that led to the halt
are no longer present or that the
interests of a fair and orderly market are
best served by a resumption of trading,
as provided under Rule 20.4.
The Exchange is proposing to amend
its Rules in order to accept orders and
quotes before trading is open for a given
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3897
options series. Specifically, the
Exchange is proposing to begin
accepting orders and quotes in all series
at 8:00 a.m. Eastern Time and
immediately upon a Regulatory Halt 4
and will continue to accept orders and
quotes until such time as the Opening
Process 5 is initiated. Such orders and
quotes will be queued for participation
in the Opening Process, as further
described below, and will not be eligible
for execution until the Opening Process
occurs. The Exchange will not accept
IOC or WAIT orders for queuing prior to
the completion of the Opening Process.
Limit orders queued during this time
will be disseminated via the Options
Price Reporting Authority as non-firm
quotes and via BATS Multicast PITCH.
Market orders queued during this time
will not be disseminated. Where trading
is halted pursuant to Rule 20.3, but it is
not due to a Regulatory Halt, there will
be no Order Entry Period and trading
will be resumed upon the determination
by the Exchange that the conditions
which led to the halt are no longer
present or that the interests of a fair and
orderly market are best served by a
resumption of trading.
The Exchange is also proposing to
amend Rule 20.3(b) such that, upon a
halt, all orders will be cancelled unless
a User has entered instructions not to
cancel its orders, at which point the
System would queue such orders as part
of the Order Entry Period.6 The
Exchange is also proposing to amend
Rule 20.4 in order to reference Rule 21.7
as the process for which trading in an
option that has been the subject of a halt
shall be resumed.
As described above, the Exchange is
proposing to accept orders and quotes
prior to trading opening for a given
series. Where there are no contracts in
a particular series that would execute at
any price at the time that the Exchange
would determine the Opening Price,7
the Exchange will open such options for
trading without determining an Opening
Price. Where there is a price at which
at least one contract would execute, the
Exchange proposes that within thirty
seconds after the First Listing Market
Transaction 8 or the Regulatory Halt
4 As defined in proposed Rule 21.7(a), Regulatory
Halt means trading being halted in an option series
due to the primary listing market for the applicable
underlying security declaring a regulatory trading
halt, suspension, or pause with respect to such
security.
5 As defined in proposed Rule 21.7(a).
6 As defined in proposed Rule 21.7(a).
7 As defined in proposed Rule 21.7(a)(1), Opening
Price means the single price at which a particular
option series will be opened.
8 As defined in proposed Rule 21.7(a), First
Listing Market Transaction means the first
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Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices
the chart above (as determined by the
Theoretical Price instead of exclusively
the NBB). Thus, where a party does not
notify the Exchange of a transaction
occurring as the result of an Obvious
Error, the transaction will not be
adjusted or busted.
As proposed, the Exchange believes
that the thresholds will prevent Obvious
Error transactions by ensuring that the
Opening Price will always be within the
Minimum Amount from either the NBB
or NBO. For example, where the NBBO
is $1.65 × $2.25, the Opening Price can
be from $1.65–$1.90 or from $2.00–
$2.25. The NBBO Midpoint would be
$1.95, which does not fall within either
of those windows, so the Exchange
would not use the NBBO Midpoint as
the Opening Price. Where the last Print
is at $1.75, the Opening Price will be
$1.75. Where orders are executed at the
Opening Price, the transaction would
not qualify as an Obvious Error
transaction because it occurred only
$0.10 away from the NBB. In effect, this
means that where the spread between
the NBBO is greater than twice the size
Minimum of the Minimum Amount, then the
NBB
NBBO Midpoint cannot be the Opening
amount
Price. The Exchange believes that this is
Below $2.00 ..................................
$0.25 the best method to prevent the
$2.00 to $5.00 ..............................
0.40 determination of the Opening Price from
Above $5.00 to $10.00 .................
0.50
being based on an overly wide NBBO.
Above $10.00 to $20.00 ...............
0.80
Above $20.00 to $50.00 ...............
1.00 Such protection is necessary where the
Above $50.00 to $100.00 .............
1.50 NBBO is very wide, for instance where
Above $100.00 .............................
2.00 the NBBO is $0.01 × $100.00, and thus
either the NBB or the NBO is a price
more reflective of the market than the
These thresholds are based on the
NBBO Midpoint, especially when the
standards from Rule 20.6 that define
Opening Price is based on the last sale.
‘‘Obvious Errors’’ and will prevent the
In such a situation the price at which
cancellation of trades participating in
the option was previously trading,
the Opening Process due to an Obvious
whether closer to $0.01 or $100.00, is a
Error. Under Rule 20.6, an Obvious
more appropriate benchmark than to
Error will be deemed to have occurred
where: (i) A party notifies the Exchange base the Opening Price on the $50.01
NBBO Midpoint. Based on the
of its belief that it participated in a
foregoing, the Exchange believes that
transaction that was the result of an
creating a threshold that aligns with the
Obvious Error; and (ii) the execution
standards from Rule 20.6 related to
price of a transaction is higher or lower
Obvious Error is the most logical
than the ‘‘Theoretical Price’’ (i.e., the
threshold in order to prevent an
NBB with respect to a sell transaction
Opening Price based on an overly wide
and NBO with respect to a buy
NBBO and to prevent the cancellation of
transaction) for the series by an amount
orders participating in the Opening
equal to at least the amount shown in
Process as Obvious Errors.
Such thresholds are based on the NBB
transaction on the primary listing market after 9:30
instead of the NBO so that the Minimum
a.m. Eastern Time in the securities underlying the
Amount will always be the smaller
options as reported on the first print disseminated
pursuant to an effective national market system
Minimum Amount where the NBB and
plan.
NBO would result in different Minimum
9 As defined in proposed Rule 21.7(a)(1)(A), the
Amounts. Using the example from
NBBO Midpoint means the midpoint of the
above, where the NBBO is $1.65 × $2.25,
National Best Bid and the National Best Offer.
10 As defined in proposed Rule 21.7(a)(1)(B), Print
the Exchange would apply a Minimum
means a regular way print disseminated pursuant
Amount of $0.25, meaning that a Valid
to the OPRA Plan after 9:30 a.m. Eastern Time.
Price would be between $1.65 and $1.90
11 As defined in proposed Rule 21.7(a)(1)(C),
or between $2.00 and $2.25. If the
Previous Close means the last regular way
Exchange were to use the NBO as the
transaction from the previous trading day as
disseminated pursuant to the OPRA Plan.
basis for determining a Minimum
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being lifted, it will determine the
Opening Price as follows: (i) The NBBO
Midpoint; 9 (ii) where there is no NBBO
Midpoint at a Valid Price (as defined
below), the last Print 10 in the series; or
(iii) where there is both no NBBO
Midpoint and no Print at a Valid Price,
the Previous Close.11 Where the NBBO
Midpoint would be at a sub-penny
increment, the Exchange will instead
use the next highest non sub-penny
increment as the NBBO Midpoint. For
example, where the NBBO is $3.00 ×
$3.03, the Exchange will use $3.02 as
the NBBO Midpoint instead of $3.015.
A Print, NBBO Midpoint, and
Previous Close will be at a Valid Price
where: (i) There is no NBB and no NBO;
(ii) there is either a NBB and no NBO
or a NBO and no NBB and the price is
equal to or greater than the NBB or
equal to or less than the NBO; or (iii)
there is both a NBB and NBO, the price
is equal to or within the NBBO, and the
price is less than the following
Minimum Amount away from the NBB
or NBO for the series:
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Amount, the Minimum Amount would
be $0.40 and a Valid Price would be any
price between $1.65 and $2.25, meaning
that the Opening Price could be $1.95,
which would provide both the selling
party and buying party to an execution
with a basis for notifying the Exchange
of an Obvious Error transaction.
Where there is no NBBO Midpoint, no
Print, and no Previous Close at a Valid
Price, the Exchange proposes to have
the discretion, depending on the
circumstances, to extend the Order
Entry Period or open the series for
trading. Where the Exchange decides to
extend the Order Entry Period, the
Order Entry Period will be extended for
a period of 30 seconds or less at which
point the System will attempt to
determine the Opening Price again.
Where the Exchange decides to open the
series for trading pursuant to this
discretion and there is at least one price
level at which at least one contract of a
limit order could be executed, the
Exchange will cancel all orders that are
priced equal to or more aggressively
than the midpoint of the most
aggressively priced bid and the most
aggressively priced offer. For example,
where the Exchange receives bids of
$10.04, $10.06, and $10.07 along with
offers of $10.03 and $10.07, but there is
no NBBO Midpoint, no Print, and no
Previous Close and the Exchange
intends to open trading in the series, the
Exchange would calculate the midpoint
of the most aggressive bid ($10.07) and
the most aggressive offer ($10.03),
which would be $10.05. The Exchange
would then cancel any orders priced
equal to or more aggressively than
$10.05, which means that the $10.06
and $10.07 bids would be cancelled
along with the $10.03 offer. The $10.04
bid and $10.07 offer would then become
eligible for trading on BATS Options
when the series opens for trading.
After determining an Opening Price
that is also a Valid Price, orders and
quotes that are priced equal to or more
aggressively than the Opening Price will
be matched based on price-time priority
and in accordance with BATS Rule 21.8.
All orders and quotes or portions
thereof that are matched pursuant to the
Opening Process will be executed at the
Opening Price. Where a limit order or
any portion thereof that is priced equal
to or more aggressively than the
Opening Price is not executed during
the Opening Process, the unexecuted
portion of that order will be cancelled.
Similarly, all market orders that are not
executed in the Opening Process will be
cancelled. Finally, all orders and quotes
that have not been executed or
cancelled, including where no orders
are matched at the Opening Price, shall
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Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices
become eligible for trading on BATS
Options immediately following the
completion of the Opening Process.
The Exchange is proposing to delete
existing Rule 21.7(b), as further
described below, to replace it with
existing language regarding index
options from Rule 21.1(a) and to add
details about how index options will be
reopened after a trading halt.
Specifically, the Exchange is proposing
to open index options in exactly the
manner as they open under the current
rule: the Exchange will begin accepting
orders in index options when such
options open for trading at 9:30 a.m.
Eastern Time. Further, the Exchange is
proposing to add rule text such that,
where trading in index options is halted
for any reason, the System shall open
such options for trading upon the
determination by the Exchange that the
conditions which led to the halt are no
longer present or that the interests of a
fair and orderly market are best served
by a resumption of trading, which is
identical to the way that index options
open after a halt under the current rule.
Such language is very similar to existing
language in current Rule 20.4 regarding
the resumption of trading after a halt
and is intended to make clear that
trading in index options is not subject
to the Opening Process described in
Rule 21.7(a) after a trading halt.
The Exchange is proposing to amend
Rule 21.7(c) in order to allow the
Exchange to retain discretion in
deviating from the standard Opening
Process where it is necessary in the
interests of a fair and orderly market.
Currently, Rule 21.7(b) states that in the
event the underlying security has not
opened within a reasonable time after
9:30 a.m. Eastern Time, the Exchange
shall make an inquiry to determine the
cause of the delay, which is discussed
further below. Rule 21.7(b) also permits
the Exchange to open trading in options
contracts even if the underlying security
has yet to open for trading on the
primary listing market for such security
if the Exchange determines that the
interests of a fair and orderly market are
best served by opening trading in the
options contracts. In addition, Rule
21.7(c) provides that the Exchange may
delay the commencement of trading in
any class of options in the interests of
a fair and orderly market.
The Exchange is proposing to delete
the language in both 21.7(b) and (c)
related to moving up or delaying the
opening in options contracts based on
the interests of a fair and orderly market
and, instead, provide that the Exchange
may deviate from the standard manner
of the Opening Process, including
delaying the Opening Process in any
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option class, when it believes it is
necessary in the interests of a fair and
orderly market. As proposed, Rule
21.7(c) would allow the Exchange to
open trading in options contracts prior
to the First Listing Market Transaction
and also delay the commencement of
trading in any class of options, so long
as it is in the interests of a fair and
orderly market. Further, proposed Rule
21.7(c) would provide the Exchange
with discretion to manage the Opening
Process in the event of unanticipated
circumstances occurring around 9:30
a.m. Eastern Time or a halt being lifted.
Further, the Exchange is proposing to
delete the text from Rule 21.7(b) that
states that in the event the underlying
security has not opened within a
reasonable time after 9:30 a.m. Eastern
Time, the Exchange shall make an
inquiry to determine the cause of the
delay, because the Exchange believes
that the language is somewhat unclear
and would also be duplicative, as
proposed. As written, Rule 21.7(b)
appears to require the Exchange to make
an inquiry to determine the cause of a
delay in a day in which trading has not
opened in an underlying security.
However, the Exchange believes that,
practically, the ‘‘reasonable time’’
standard permits the Exchange to not
inquire into all delays. For instance, an
underlying security with low trading
volume may not have a First Listing
Market Transaction for an entire trading
day and the Exchange could determine
that a reasonable time for the First
Listing Market Transaction to occur in
such security could be the entire trading
day. Further, in the event that the
Exchange would begin trading of
options contracts for an underlying
security for which the First Listing
Market Transaction has not occurred,
the Exchange would have to make an
inquiry of some kind in order to
determine that it is necessary in the
interests of a fair and orderly market to
open trading in options on such
underlying security. As such, the
Exchange believes that the requirement
is without practical effect and the
Exchange is proposing to delete the text
from Rule 21.7(b).
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.12 Specifically, the proposed change
is consistent with Section 6(b)(5) of the
12 15
PO 00000
U.S.C. 78f(b).
Frm 00125
Fmt 4703
Act,13 because it is designed to promote
just and equitable principles of trade, to
remove impediments to, and perfect the
mechanism of, a free and open market
and a national market system, and, in
general, to protect investors and the
public interest. The Exchange believes
that the Opening Process for options
listed on the Exchange will help to
ensure that BATS Options opens trading
in options contracts in a fair and orderly
manner. Specifically, the Exchange
believes that allowing Users to enter
orders for queuing will create a more
orderly opening and facilitate the price
formation process at the opening of
trading because Users are able to enter
orders and quotes in advance rather
than having a flood of orders and quotes
submitted to the Exchange during a
small window of time. Further, the
Exchange believes that disseminating
the related market data prior to opening
of trading in options contracts will also
create a more orderly opening and
facilitate the price formation process
because Users will have access to a
greater amount of information before
their orders become executable.
The Exchange also believes that the
proposal is appropriate and reasonable
because it offers additional functionality
for all Users to enter orders and quotes
before 9:30 a.m. Eastern Time and
during a Regulatory Halt. Further, the
Exchange requires that a price be a
Valid Price in order for executions in
the Opening Process to occur, which, as
described above, ensures that
executions in the Opening Process will
not meet the standards for Obvious
Error.
Offering the Opening Process will also
provide Market Makers and other Users
with greater control and flexibility with
respect to entering orders and quotes,
allowing them to enter orders and
quotes in all options at the same time,
8:00 a.m. Eastern Time, rather than only
after trading has opened for a particular
option. This simplifies the process for
Market Makers and other Users by
providing them certainty as to when
orders and quotes can be submitted
without having to monitor each options
class individually, which removes
impediments to a free and open market
and benefits all Users of BATS Options.
The Exchange also notes that several
other options exchanges allow orders
and quotes to be entered prior to 9:30
a.m. Eastern Time and during a
Regulatory Halt including NASDAQ
Options Market (‘‘NOM’’), NYSE Arca,
Inc. (‘‘NYSE Arca Options’’), NYSE
Amex Options, Inc. (‘‘NYSE Amex
Options’’), BOX Options Exchange LLC
13 15
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Electronic Comments
(‘‘BOX’’), and Chicago Board Options
Exchange, Incorporated (‘‘CBOE’’),
among others.14
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the act. To the
contrary, the Exchange’s inability to
accept orders prior to 9:30 a.m. Eastern
Time limits competition in that other
exchanges are able to begin accepting
orders and quotes before trading in
options opens, while the Exchange
cannot accept such orders and quotes.
Thus, approval of the proposed rule
change will promote competition
because it will allow the Exchange to
offer its Users the ability to enter orders
and quotes prior to the opening of
trading, functionality which is available
at other exchanges, and thus compete
with other exchanges for order flow that
a User may not have directed to the
Exchange if they were not able to enter
orders and quotes prior to the open.
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
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
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 Exchange 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.
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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:
• 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–2014–003 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–2014–003. 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
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–
2014–003, and should be submitted on
or before February 13, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–01249 Filed 1–22–14; 8:45 am]
BILLING CODE 8011–01–P
14 See,
e.g., NOM Chapter VI, Section 2(a); see
also NYSE Arca Options Rule 6.64(b); NYSE Amex
Options Rule 952NY(b); BOX Rule 7070(a); and
CBOE Rule 6.2A(a)(i).
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71332; File No. SR–NSX–
2014–01]
Self-Regulatory Organizations;
National Stock Exchange, Inc.; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change To Amend
its Fee and Rebate Schedule With
Respect to the Order Delivery Mode of
Interaction With the Exchange
January 16, 2014.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Exchange Act’’ or ‘‘Act ’’) 1 and Rule
19b–4 thereunder,2 notice is hereby
given that, on January 9, 2014, National
Stock Exchange, Inc. (‘‘NSX®’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change, as described in Items I, II, and
III below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comment 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 is proposing to change
its Fee and Rebate Schedule (the ‘‘Fee
Schedule’’) issued pursuant to Exchange
Rule 16.1 to: (i) Eliminate separate
Pricing Options A and B of Section II.
of the Fee Schedule and adopt a single
pricing structure for all Exchange Equity
Trading Permit (‘‘ETP’’) Holders using
the Order Delivery mode of interaction 3
with the Exchange (an ‘‘Order Delivery
User’’); 4 (ii) eliminate the Market Data
Revenue rebate (‘‘MDR’’) and Order
Delivery Notification Fee under Pricing
Option A; (iii) within the proposed new
unitary fee structure, establish a rebate
based on average daily volume (‘‘ADV’’)
of executed shares adding liquidity
using Order Delivery Mode, with Order
Delivery Users receiving a transaction
rebate based on their ADV adding
liquidity solely using Order Delivery
Mode, or combined with ADV totals
including trading volume by that same
Order Delivery User through the Auto
Ex mode of interaction with the
Exchange; 5 and, (iv) amend Section IV.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Exchange Rule 11.13 (Proprietary and
Agency Orders; Modes of Order Interaction),
paragraph (b)(2).
4 A ‘‘User’’ is defined in Exchange Rule 1.5 as
‘‘. . . any ETP Holder or Sponsored Participant
who is authorized to obtain access to the System
pursuant to Rule 11.9 (Access).
5 See Exchange Rule 11.13(b)(1).
2 17
E:\FR\FM\23JAN1.SGM
23JAN1
Agencies
[Federal Register Volume 79, Number 15 (Thursday, January 23, 2014)]
[Notices]
[Pages 3897-3900]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01249]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-71327; File No. SR-BATS-2014-003]
Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing of a Proposed Rule Change, as Modified by Amendment No. 1
Thereto, To Modify the BATS Options Opening Process
January 16, 2014.
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 January 6, 2014, 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. On January
16, 2014, the Exchange filed Amendment No. 1 to the proposed rule
change.\3\ 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.
\3\ In Amendment No. 1, the Exchange corrected a typographical
error contained in its original submission related to its
description of how the Exchange's Rule 20.6, governing Obvious
Errors, currently operates.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange filed a proposal to amend Rule 20.3, entitled
``Trading Halts,'' Rule 20.4, entitled ``Resumption of Trading After a
Halt,'' and Rule 21.7, entitled ``Market Opening Procedures'' in order
to modify the manner in which the Exchange's equity options trading
platform (``BATS Options'') opens trading at the beginning of the day
and after trading halts.
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, at the Commission's Public Reference Room, and at the
Commission's Web site at https://www.sec.gov.
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 the proposed rule changes is to amend Exchange Rules
20.3, 20.4, and 21.7 in order to allow BATS Options to accept orders
and quotes in all options series prior to the first transaction in the
underlying security on the primary listing market and during a halt, as
well as to establish a process for matching such orders immediately
prior to the opening of trading in such options series.
Currently, BATS Options does not accept any orders or quotes while
trading is not open in an options class. This includes both prior to
the first transaction in the underlying security on the primary listing
market and during a halt. BATS Options currently opens trading in
options: (i) After the first transaction on the primary listing market
after 9:30 a.m. Eastern Time in the securities underlying the options
as reported on the first print disseminated pursuant to an effective
national market system plan; or (ii) any time after 9:30 a.m. Eastern
Time where the Exchange determines that the interests of a fair and
orderly market are best served by opening trading in the options
contracts. With respect to index options, trading opens at 9:30 a.m.
Eastern Time. The Exchange may also delay the commencement of trading
in any class of options in the interests of a fair and orderly market.
Upon a halt, the Exchange currently cancels all orders and quotes and
trading does not resume upon the determination by the Exchange that the
conditions that led to the halt are no longer present or that the
interests of a fair and orderly market are best served by a resumption
of trading, as provided under Rule 20.4.
The Exchange is proposing to amend its Rules in order to accept
orders and quotes before trading is open for a given options series.
Specifically, the Exchange is proposing to begin accepting orders and
quotes in all series at 8:00 a.m. Eastern Time and immediately upon a
Regulatory Halt \4\ and will continue to accept orders and quotes until
such time as the Opening Process \5\ is initiated. Such orders and
quotes will be queued for participation in the Opening Process, as
further described below, and will not be eligible for execution until
the Opening Process occurs. The Exchange will not accept IOC or WAIT
orders for queuing prior to the completion of the Opening Process.
Limit orders queued during this time will be disseminated via the
Options Price Reporting Authority as non-firm quotes and via BATS
Multicast PITCH. Market orders queued during this time will not be
disseminated. Where trading is halted pursuant to Rule 20.3, but it is
not due to a Regulatory Halt, there will be no Order Entry Period and
trading will be resumed upon the determination by the Exchange that the
conditions which led to the halt are no longer present or that the
interests of a fair and orderly market are best served by a resumption
of trading.
---------------------------------------------------------------------------
\4\ As defined in proposed Rule 21.7(a), Regulatory Halt means
trading being halted in an option series due to the primary listing
market for the applicable underlying security declaring a regulatory
trading halt, suspension, or pause with respect to such security.
\5\ As defined in proposed Rule 21.7(a).
---------------------------------------------------------------------------
The Exchange is also proposing to amend Rule 20.3(b) such that,
upon a halt, all orders will be cancelled unless a User has entered
instructions not to cancel its orders, at which point the System would
queue such orders as part of the Order Entry Period.\6\ The Exchange is
also proposing to amend Rule 20.4 in order to reference Rule 21.7 as
the process for which trading in an option that has been the subject of
a halt shall be resumed.
---------------------------------------------------------------------------
\6\ As defined in proposed Rule 21.7(a).
---------------------------------------------------------------------------
As described above, the Exchange is proposing to accept orders and
quotes prior to trading opening for a given series. Where there are no
contracts in a particular series that would execute at any price at the
time that the Exchange would determine the Opening Price,\7\ the
Exchange will open such options for trading without determining an
Opening Price. Where there is a price at which at least one contract
would execute, the Exchange proposes that within thirty seconds after
the First Listing Market Transaction \8\ or the Regulatory Halt
[[Page 3898]]
being lifted, it will determine the Opening Price as follows: (i) The
NBBO Midpoint; \9\ (ii) where there is no NBBO Midpoint at a Valid
Price (as defined below), the last Print \10\ in the series; or (iii)
where there is both no NBBO Midpoint and no Print at a Valid Price, the
Previous Close.\11\ Where the NBBO Midpoint would be at a sub-penny
increment, the Exchange will instead use the next highest non sub-penny
increment as the NBBO Midpoint. For example, where the NBBO is $3.00 x
$3.03, the Exchange will use $3.02 as the NBBO Midpoint instead of
$3.015.
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\7\ As defined in proposed Rule 21.7(a)(1), Opening Price means
the single price at which a particular option series will be opened.
\8\ As defined in proposed Rule 21.7(a), First Listing Market
Transaction means the first transaction on the primary listing
market after 9:30 a.m. Eastern Time in the securities underlying the
options as reported on the first print disseminated pursuant to an
effective national market system plan.
\9\ As defined in proposed Rule 21.7(a)(1)(A), the NBBO Midpoint
means the midpoint of the National Best Bid and the National Best
Offer.
\10\ As defined in proposed Rule 21.7(a)(1)(B), Print means a
regular way print disseminated pursuant to the OPRA Plan after 9:30
a.m. Eastern Time.
\11\ As defined in proposed Rule 21.7(a)(1)(C), Previous Close
means the last regular way transaction from the previous trading day
as disseminated pursuant to the OPRA Plan.
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A Print, NBBO Midpoint, and Previous Close will be at a Valid Price
where: (i) There is no NBB and no NBO; (ii) there is either a NBB and
no NBO or a NBO and no NBB and the price is equal to or greater than
the NBB or equal to or less than the NBO; or (iii) there is both a NBB
and NBO, the price is equal to or within the NBBO, and the price is
less than the following Minimum Amount away from the NBB or NBO for the
series:
------------------------------------------------------------------------
Minimum
NBB amount
------------------------------------------------------------------------
Below $2.00.................................................. $0.25
$2.00 to $5.00............................................... 0.40
Above $5.00 to $10.00........................................ 0.50
Above $10.00 to $20.00....................................... 0.80
Above $20.00 to $50.00....................................... 1.00
Above $50.00 to $100.00...................................... 1.50
Above $100.00................................................ 2.00
------------------------------------------------------------------------
These thresholds are based on the standards from Rule 20.6 that define
``Obvious Errors'' and will prevent the cancellation of trades
participating in the Opening Process due to an Obvious Error. Under
Rule 20.6, an Obvious Error will be deemed to have occurred where: (i)
A party notifies the Exchange of its belief that it participated in a
transaction that was the result of an Obvious Error; and (ii) the
execution price of a transaction is higher or lower than the
``Theoretical Price'' (i.e., the NBB with respect to a sell transaction
and NBO with respect to a buy transaction) for the series by an amount
equal to at least the amount shown in the chart above (as determined by
the Theoretical Price instead of exclusively the NBB). Thus, where a
party does not notify the Exchange of a transaction occurring as the
result of an Obvious Error, the transaction will not be adjusted or
busted.
As proposed, the Exchange believes that the thresholds will prevent
Obvious Error transactions by ensuring that the Opening Price will
always be within the Minimum Amount from either the NBB or NBO. For
example, where the NBBO is $1.65 x $2.25, the Opening Price can be from
$1.65-$1.90 or from $2.00-$2.25. The NBBO Midpoint would be $1.95,
which does not fall within either of those windows, so the Exchange
would not use the NBBO Midpoint as the Opening Price. Where the last
Print is at $1.75, the Opening Price will be $1.75. Where orders are
executed at the Opening Price, the transaction would not qualify as an
Obvious Error transaction because it occurred only $0.10 away from the
NBB. In effect, this means that where the spread between the NBBO is
greater than twice the size of the Minimum Amount, then the NBBO
Midpoint cannot be the Opening Price. The Exchange believes that this
is the best method to prevent the determination of the Opening Price
from being based on an overly wide NBBO. Such protection is necessary
where the NBBO is very wide, for instance where the NBBO is $0.01 x
$100.00, and thus either the NBB or the NBO is a price more reflective
of the market than the NBBO Midpoint, especially when the Opening Price
is based on the last sale. In such a situation the price at which the
option was previously trading, whether closer to $0.01 or $100.00, is a
more appropriate benchmark than to base the Opening Price on the $50.01
NBBO Midpoint. Based on the foregoing, the Exchange believes that
creating a threshold that aligns with the standards from Rule 20.6
related to Obvious Error is the most logical threshold in order to
prevent an Opening Price based on an overly wide NBBO and to prevent
the cancellation of orders participating in the Opening Process as
Obvious Errors.
Such thresholds are based on the NBB instead of the NBO so that the
Minimum Amount will always be the smaller Minimum Amount where the NBB
and NBO would result in different Minimum Amounts. Using the example
from above, where the NBBO is $1.65 x $2.25, the Exchange would apply a
Minimum Amount of $0.25, meaning that a Valid Price would be between
$1.65 and $1.90 or between $2.00 and $2.25. If the Exchange were to use
the NBO as the basis for determining a Minimum Amount, the Minimum
Amount would be $0.40 and a Valid Price would be any price between
$1.65 and $2.25, meaning that the Opening Price could be $1.95, which
would provide both the selling party and buying party to an execution
with a basis for notifying the Exchange of an Obvious Error
transaction.
Where there is no NBBO Midpoint, no Print, and no Previous Close at
a Valid Price, the Exchange proposes to have the discretion, depending
on the circumstances, to extend the Order Entry Period or open the
series for trading. Where the Exchange decides to extend the Order
Entry Period, the Order Entry Period will be extended for a period of
30 seconds or less at which point the System will attempt to determine
the Opening Price again. Where the Exchange decides to open the series
for trading pursuant to this discretion and there is at least one price
level at which at least one contract of a limit order could be
executed, the Exchange will cancel all orders that are priced equal to
or more aggressively than the midpoint of the most aggressively priced
bid and the most aggressively priced offer. For example, where the
Exchange receives bids of $10.04, $10.06, and $10.07 along with offers
of $10.03 and $10.07, but there is no NBBO Midpoint, no Print, and no
Previous Close and the Exchange intends to open trading in the series,
the Exchange would calculate the midpoint of the most aggressive bid
($10.07) and the most aggressive offer ($10.03), which would be $10.05.
The Exchange would then cancel any orders priced equal to or more
aggressively than $10.05, which means that the $10.06 and $10.07 bids
would be cancelled along with the $10.03 offer. The $10.04 bid and
$10.07 offer would then become eligible for trading on BATS Options
when the series opens for trading.
After determining an Opening Price that is also a Valid Price,
orders and quotes that are priced equal to or more aggressively than
the Opening Price will be matched based on price-time priority and in
accordance with BATS Rule 21.8. All orders and quotes or portions
thereof that are matched pursuant to the Opening Process will be
executed at the Opening Price. Where a limit order or any portion
thereof that is priced equal to or more aggressively than the Opening
Price is not executed during the Opening Process, the unexecuted
portion of that order will be cancelled. Similarly, all market orders
that are not executed in the Opening Process will be cancelled.
Finally, all orders and quotes that have not been executed or
cancelled, including where no orders are matched at the Opening Price,
shall
[[Page 3899]]
become eligible for trading on BATS Options immediately following the
completion of the Opening Process.
The Exchange is proposing to delete existing Rule 21.7(b), as
further described below, to replace it with existing language regarding
index options from Rule 21.1(a) and to add details about how index
options will be reopened after a trading halt. Specifically, the
Exchange is proposing to open index options in exactly the manner as
they open under the current rule: the Exchange will begin accepting
orders in index options when such options open for trading at 9:30 a.m.
Eastern Time. Further, the Exchange is proposing to add rule text such
that, where trading in index options is halted for any reason, the
System shall open such options for trading upon the determination by
the Exchange that the conditions which led to the halt are no longer
present or that the interests of a fair and orderly market are best
served by a resumption of trading, which is identical to the way that
index options open after a halt under the current rule. Such language
is very similar to existing language in current Rule 20.4 regarding the
resumption of trading after a halt and is intended to make clear that
trading in index options is not subject to the Opening Process
described in Rule 21.7(a) after a trading halt.
The Exchange is proposing to amend Rule 21.7(c) in order to allow
the Exchange to retain discretion in deviating from the standard
Opening Process where it is necessary in the interests of a fair and
orderly market. Currently, Rule 21.7(b) states that in the event the
underlying security has not opened within a reasonable time after 9:30
a.m. Eastern Time, the Exchange shall make an inquiry to determine the
cause of the delay, which is discussed further below. Rule 21.7(b) also
permits the Exchange to open trading in options contracts even if the
underlying security has yet to open for trading on the primary listing
market for such security if the Exchange determines that the interests
of a fair and orderly market are best served by opening trading in the
options contracts. In addition, Rule 21.7(c) provides that the Exchange
may delay the commencement of trading in any class of options in the
interests of a fair and orderly market.
The Exchange is proposing to delete the language in both 21.7(b)
and (c) related to moving up or delaying the opening in options
contracts based on the interests of a fair and orderly market and,
instead, provide that the Exchange may deviate from the standard manner
of the Opening Process, including delaying the Opening Process in any
option class, when it believes it is necessary in the interests of a
fair and orderly market. As proposed, Rule 21.7(c) would allow the
Exchange to open trading in options contracts prior to the First
Listing Market Transaction and also delay the commencement of trading
in any class of options, so long as it is in the interests of a fair
and orderly market. Further, proposed Rule 21.7(c) would provide the
Exchange with discretion to manage the Opening Process in the event of
unanticipated circumstances occurring around 9:30 a.m. Eastern Time or
a halt being lifted.
Further, the Exchange is proposing to delete the text from Rule
21.7(b) that states that in the event the underlying security has not
opened within a reasonable time after 9:30 a.m. Eastern Time, the
Exchange shall make an inquiry to determine the cause of the delay,
because the Exchange believes that the language is somewhat unclear and
would also be duplicative, as proposed. As written, Rule 21.7(b)
appears to require the Exchange to make an inquiry to determine the
cause of a delay in a day in which trading has not opened in an
underlying security. However, the Exchange believes that, practically,
the ``reasonable time'' standard permits the Exchange to not inquire
into all delays. For instance, an underlying security with low trading
volume may not have a First Listing Market Transaction for an entire
trading day and the Exchange could determine that a reasonable time for
the First Listing Market Transaction to occur in such security could be
the entire trading day. Further, in the event that the Exchange would
begin trading of options contracts for an underlying security for which
the First Listing Market Transaction has not occurred, the Exchange
would have to make an inquiry of some kind in order to determine that
it is necessary in the interests of a fair and orderly market to open
trading in options on such underlying security. As such, the Exchange
believes that the requirement is without practical effect and the
Exchange is proposing to delete the text from Rule 21.7(b).
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.\12\ Specifically, the
proposed change is consistent with Section 6(b)(5) of the Act,\13\
because it is designed to promote just and equitable principles of
trade, to remove impediments to, and perfect the mechanism of, a free
and open market and a national market system, and, in general, to
protect investors and the public interest. The Exchange believes that
the Opening Process for options listed on the Exchange will help to
ensure that BATS Options opens trading in options contracts in a fair
and orderly manner. Specifically, the Exchange believes that allowing
Users to enter orders for queuing will create a more orderly opening
and facilitate the price formation process at the opening of trading
because Users are able to enter orders and quotes in advance rather
than having a flood of orders and quotes submitted to the Exchange
during a small window of time. Further, the Exchange believes that
disseminating the related market data prior to opening of trading in
options contracts will also create a more orderly opening and
facilitate the price formation process because Users will have access
to a greater amount of information before their orders become
executable.
---------------------------------------------------------------------------
\12\ 15 U.S.C. 78f(b).
\13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange also believes that the proposal is appropriate and
reasonable because it offers additional functionality for all Users to
enter orders and quotes before 9:30 a.m. Eastern Time and during a
Regulatory Halt. Further, the Exchange requires that a price be a Valid
Price in order for executions in the Opening Process to occur, which,
as described above, ensures that executions in the Opening Process will
not meet the standards for Obvious Error.
Offering the Opening Process will also provide Market Makers and
other Users with greater control and flexibility with respect to
entering orders and quotes, allowing them to enter orders and quotes in
all options at the same time, 8:00 a.m. Eastern Time, rather than only
after trading has opened for a particular option. This simplifies the
process for Market Makers and other Users by providing them certainty
as to when orders and quotes can be submitted without having to monitor
each options class individually, which removes impediments to a free
and open market and benefits all Users of BATS Options. The Exchange
also notes that several other options exchanges allow orders and quotes
to be entered prior to 9:30 a.m. Eastern Time and during a Regulatory
Halt including NASDAQ Options Market (``NOM''), NYSE Arca, Inc. (``NYSE
Arca Options''), NYSE Amex Options, Inc. (``NYSE Amex Options''), BOX
Options Exchange LLC
[[Page 3900]]
(``BOX''), and Chicago Board Options Exchange, Incorporated (``CBOE''),
among others.\14\
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\14\ See, e.g., NOM Chapter VI, Section 2(a); see also NYSE Arca
Options Rule 6.64(b); NYSE Amex Options Rule 952NY(b); BOX Rule
7070(a); and CBOE Rule 6.2A(a)(i).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the act. To the contrary, the Exchange's
inability to accept orders prior to 9:30 a.m. Eastern Time limits
competition in that other exchanges are able to begin accepting orders
and quotes before trading in options opens, while the Exchange cannot
accept such orders and quotes. Thus, approval of the proposed rule
change will promote competition because it will allow the Exchange to
offer its Users the ability to enter orders and quotes prior to the
opening of trading, functionality which is available at other
exchanges, and thus compete with other exchanges for order flow that a
User may not have directed to the Exchange if they were not able to
enter orders and quotes prior to the open.
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
Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period 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 Exchange 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.
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-2014-003 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-2014-003. 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 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-2014-003, and should be
submitted on or before February 13, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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\15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-01249 Filed 1-22-14; 8:45 am]
BILLING CODE 8011-01-P