Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Fees for Use of BATS Exchange, Inc., 21986-21988 [2014-08822]
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21986
Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
and federal securities laws applicable to
trading on the Exchange.
(4) Prior to the commencement of
trading, the Exchange will inform its
Equity Trading Permit Holders in an
Information Bulletin of the special
characteristics and risks associated with
trading the Shares. Specifically, the
Information Bulletin will discuss the
following: (a) the procedures for
purchases and redemptions of Shares in
creation unit aggregations (and that
Shares are not individually redeemable);
(b) NYSE Arca Equities Rule 9.2(a),
which imposes a duty of due diligence
on its Equity Trading Permit Holders to
learn the essential facts relating to every
customer prior to trading the Shares; (c)
the risks involved in trading the Shares
during the Opening and Late Trading
Sessions when an updated Portfolio
Indicative Value will not be calculated
or publicly disseminated; (d) how
information regarding the Portfolio
Indicative Value is disseminated; (e) the
requirement that Equity Trading Permit
Holders deliver a prospectus to
investors purchasing newly issued
Shares prior to or concurrently with the
confirmation of a transaction; and (f)
trading information.
(5) For initial and continued listing,
the Funds will be in compliance with
Rule 10A–3 under the Exchange Act,29
as provided by NYSE Arca Equities Rule
5.3.
(6) Each Fund’s investments,
including derivatives, will be consistent
with its respective investment objective.
(7) A Fund may hold up to an
aggregate amount of 15% of its net
assets in illiquid investments
(calculated at the time of investment).
(8) A minimum of 100,000 Shares for
each Fund will be outstanding at the
commencement of trading on the
Exchange.
This approval order is based on all of
the Exchange’s representations,
including those set forth above and in
the Notice, and the Exchange’s
description of the Funds.
For the foregoing reasons, the
Commission finds that the proposed
rule change, as modified by Amendment
No. 1 thereto, is consistent with Section
6(b)(5) of the Act 30 and the rules and
regulations thereunder applicable to a
national securities exchange.
IV. Solicitation of Comments on
Amendment No. 1
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
29 17
30 15
CFR 240.10A–3.
U.S.C. 78f(b)(5).
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16:54 Apr 17, 2014
Jkt 232001
including whether Amendment No. 1 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–
NYSEArca–2013–144 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, Station Place, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEArc–2013–144. 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–NYSEArca–2013–144 and
should be submitted on or before May
9, 2014.
V. Accelerated Approval of Proposed
Rule Change As Modified by
Amendment No. 1
The Commission finds good cause to
approve the proposed rule change, as
modified by Amendment No. 1, prior to
the thirtieth day after the date of
publication of notice in the Federal
Register. The proposed Amendment
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Sfmt 4703
supplements the proposed rule change
by expanding the amount of disclosure
regarding the Funds’ holdings. The
Commission believes that this
additional information will benefit
market participants. Accordingly, the
Commission finds good cause, pursuant
to Section 19(b)(2) of the Act,31 to
approve the proposed rule change, as
modified by Amendment No. 1, on an
accelerated basis.
VI. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,32 that the
proposed rule change (SR–NYSEArca–
2013–144), as modified by Amendment
No. 1 thereto, be, and it hereby is,
approved on an accelerated basis.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.33
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014–08791 Filed 4–17–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71941; File No. SR–BATS–
2014–011]
Self-Regulatory Organizations; BATS
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Related to Fees for Use
of BATS Exchange, Inc.
April 14, 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 April 1,
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, II, and
III below, which Items have been
prepared by the Exchange. The
Exchange has designated the proposed
rule change as one establishing or
changing a member due, fee, or other
charge imposed by the Exchange under
Section 19(b)(3)(A)(ii) of the Act 3 and
Rule 19b–4(f)(2) thereunder,4 which
renders the proposed rule change
effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
31 15
U.S.C. 78s(b)(2).
U.S.C. 78s(b)(2).
33 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
32 15
E:\FR\FM\18APN1.SGM
18APN1
Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Notices
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
The Exchange filed a proposal to
amend the fee schedule applicable to
Members 5 and non-members of the
Exchange pursuant to BATS Rules
15.1(a) and (c). Changes to the fee
schedule pursuant to this proposal are
effective upon filing.
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to modify its
fee schedule applicable to use of the
Exchange effective April 1, 2014, in
order to modify the fees applicable to
executions occurring through certain
routing strategies at the Exchange’s
affiliate, BATS Y-Exchange, Inc.
(‘‘BYX’’).
BYX currently provides a base rebate
of $0.0001 per share when removing
liquidity. To create a direct pass through
of the applicable economics of
executions at BYX through the
Destination Specific,6 TRIM (including
TRIM2 and TRIM3),7 and SLIM 8 routing
strategies, the Exchange proposes to
increase the rebate to $0.0016 per share
for orders routed through such strategies
and executed on BYX. The proposed
change represents a pass through of the
rate BATS Trading, Inc., the Exchange’s
5 A Member is any registered broker or dealer that
has been admitted to membership in the Exchange.
6 As defined in BATS Rule 11.9(c)(12).
7 As defined in BATS Rule 11.13(a)(3)(G).
8 As defined in BATS Rule 11.13(a)(3)(H).
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16:54 Apr 17, 2014
Jkt 232001
affiliated routing broker-dealer, is
provided for routing orders that remove
liquidity from BYX. The proposed
change is in response to BYX’s April
2014 fee change where BYX increased
its rebate from $0.0001 per share to
$0.0016 per share for orders in
securities priced at or above $1.00.9
Accordingly, when BATS Trading, Inc.
routes to and removes liquidity on BYX,
it will now receive a standard rebate of
$0.0016 per share.10 The Exchange is
not proposing any other changes to its
routing fees at this time.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder that
are applicable to a national securities
exchange, and, in particular, with the
requirements of Section 6 of the Act.11
Specifically, the Exchange believes that
the proposed rule change is consistent
with Section 6(b)(4) of the Act,12 in that
it provides for the equitable allocation
of reasonable dues, fees and other
charges among members and other
persons using any facility or system
which the Exchange operates or
controls. The Exchange notes that it
operates in a highly competitive market
in which market participants can
readily direct order flow to competing
venues if they deem fee levels at a
particular venue to be excessive.
The Exchange believes that the
proposed changes to the Exchange’s
rebate for TRIM (including TRIM2 and
TRIM3), SLIM and Destination Specific
Orders executed on BYX are equitably
allocated, fair and reasonable, and nondiscriminatory in that they are equally
applicable to all Members and are
designed to mirror the rebate applicable
to the execution if such routed orders
were executed directly by the Member
at BYX.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will result in
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
Because the market for order execution
is extremely competitive, Members may
readily opt to disfavor the Exchange’s
routing services if they believe that
9 See the BYX Fee Schedule available at https://
www.batstrading.com/resources/regulation/rule_
book/BYX_Fee_Schedule.pdf.
10 The Exchange notes that to the extent DE Route
does or does not achieve any volume tiered rebates
on BYX, its rebate for Flag BY will not change.
11 15 U.S.C. 78f.
12 15 U.S.C. 78f(b)(4).
PO 00000
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Fmt 4703
Sfmt 4703
21987
alternatives offer them better value. For
orders routed through the Exchange and
executed at BYX through the TRIM
(including TRIM2 and TRIM3), SLIM
and Destination Specific Order
strategies, the proposed fee change is
designed to equal the rebate that a
Member would have received if such
routed orders would have been executed
directly by a Member at BYX. As stated
above, the Exchange notes that it
operates in a highly competitive market
in which market participants can
readily direct order flow to competing
venues if the deem fee structures to be
unreasonable or excessive.
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
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 13 and paragraph (f) of Rule
19b–4 thereunder.14 At any time within
60 days of the filing of the proposed rule
change, the Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
BATS–2014–011 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–BATS–2014–011. This file
number should be included on the
13 15
14 17
E:\FR\FM\18APN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
18APN1
21988
Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Notices
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–
2014–011 and should be submitted on
or before May 9, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014–08822 Filed 4–17–14; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
Data Collection Available for Public
Comments
Submit comments on or before
June 17, 2014.
ADDRESSES: Send all comments to Edith
Butler, Procurement Analyst, Office of
Government Contracting, Small
Business Administration, 409 3rd Street,
8th Floor, Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT:
Edith Butler, Procurement Analyst, 202–
619–0422, edith.butler@sba.gov, or
Curtis B. Rich, Management Analyst,
202–205–7030, curtis.rich@sba.gov.
SUPPLEMENTARY INFORMATION: A small
business determined to be nonresponsible for award of a specific
prime Government contract by a
Government contracting office has the
right to appeal that decision through the
Small Business Administration (SBA).
The information contained on this form,
as well as, other information developed
by SBA, is used in determining whether
the decision by the Contracting Officer
should be overturned.
Solicitation of Public Comments: SBA
is requesting comments on (a) Whether
the collection of information is
necessary for the agency to properly
perform its functions; (b) whether the
burden estimates are accurate; (c)
whether there are ways to minimize the
burden, including through the use of
automated techniques or other forms of
information technology; and (d) whether
there are ways to enhance the quality,
utility, and clarity of the information.
Summary of Information Collection:
(1) Title: Small Business
Administration Application for
Certificate of Competency.
Description of Respondents: Small
Businesses.
Form Number: SBA Form 1531.
Total Estimated Annual Responses:
300.
Total Estimated Annual Hour Burden:
2,400.
DATES:
Curtis B. Rich,
Management Analyst.
60-Day notice and request for
comments.
ACTION:
[FR Doc. 2014–08896 Filed 4–17–14; 8:45 am]
BILLING CODE 8025–01–P
The Small Business
Administration (SBA) intends to request
approval, from the Office of
Management and Budget (OMB) for the
collection of information described
below. The Paperwork Reduction Act
(PRA) of 1995, 44 U.S.C. Chapter 35
requires federal agencies to publish a
notice in the Federal Register
concerning each proposed collection of
information before submission to OMB,
and to allow 60 days for public
comment in response to the notice. This
notice complies with that requirement.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
15 17
CFR 200.30–3(a)(12).
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16:54 Apr 17, 2014
Jkt 232001
SMALL BUSINESS ADMINISTRATION
Data Collection Available for Public
Comments
60-Day notice and request for
comments.
ACTION:
The Small Business
Administration (SBA) intends to request
approval, from the Office of
Management and Budget (OMB) for the
collection of information described
below. The Paperwork Reduction Act
(PRA) of 1995, 44 U.S.C Chapter 35
SUMMARY:
PO 00000
Frm 00098
Fmt 4703
Sfmt 9990
requires federal agencies to publish a
notice in the Federal Register
concerning each proposed collection of
information before submission to OMB,
and to allow 60 days for public
comment in response to the notice. This
notice complies with that requirement.
Submit comments on or before
June 17, 2014.
DATES:
Send all comments to
Dianna Seaborn, Chief, 7(a) Policy and
Program Branch, Office of Financial
Assistance, Small Business
Administration, 409 3rd Street, 8th
Floor, Washington, DC 20416.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Dianna Seaborn, Chief, 7(a) Policy and
Programs Branch 202–205–3645,
Dianna.seaborn@sba.gov, or Curtis B.
Rich, Management Analyst, 202–205–
7030, curtis.rich@sba.gov.
For SBA
Financial assistance programs,
information regarding the assets and
liabilities of certain owners, officers and
guarantors of the small business
applicant benefiting from such
assistance is used when analyzing the
applicant’s repayment abilities or
creditworthiness. The information is
also collected from applicants and
participants in SBA’s 8a/BD program to
determine whether they meet the
economic disadvantage requirements of
the program.
Solicitation of Public Comments: SBA
is requesting comments on (a) Whether
the collection of information is
necessary for the agency to properly
perform its functions; (b) whether the
burden estimates are accurate; (c)
whether there are ways to minimize the
burden, including through the use of
automated techniques or other forms of
information technology; and (d) whether
there are ways to enhance the quality,
utility, and clarity of the information.
Summary of Information Collection:
(1) Title: Personal Financial Statement
Description of Respondents: 7(a) loan
program, 504 loan program, disaster,
and 8(a) BD program.
Form Number: SBA Form 413
Total Estimated Annual Responses:
44,588
Total Estimated Annual Hour Burden:
66,882
SUPPLEMENTARY INFORMATION:
Curtis B. Rich,
Management Analyst.
[FR Doc. 2014–08891 Filed 4–17–14; 8:45 am]
BILLING CODE 8025–01–P
E:\FR\FM\18APN1.SGM
18APN1
Agencies
[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Notices]
[Pages 21986-21988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08822]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-71941; File No. SR-BATS-2014-011]
Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.
April 14, 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 April 1, 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, II,
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit
[[Page 21987]]
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(ii).
\4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to BATS Rules
15.1(a) and (c). Changes to the fee schedule pursuant to this proposal
are effective upon filing.
---------------------------------------------------------------------------
\5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------
The text of the proposed rule change is available at the Exchange's
Web site at https://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to modify its fee schedule applicable to use
of the Exchange effective April 1, 2014, in order to modify the fees
applicable to executions occurring through certain routing strategies
at the Exchange's affiliate, BATS Y-Exchange, Inc. (``BYX'').
BYX currently provides a base rebate of $0.0001 per share when
removing liquidity. To create a direct pass through of the applicable
economics of executions at BYX through the Destination Specific,\6\
TRIM (including TRIM2 and TRIM3),\7\ and SLIM \8\ routing strategies,
the Exchange proposes to increase the rebate to $0.0016 per share for
orders routed through such strategies and executed on BYX. The proposed
change represents a pass through of the rate BATS Trading, Inc., the
Exchange's affiliated routing broker-dealer, is provided for routing
orders that remove liquidity from BYX. The proposed change is in
response to BYX's April 2014 fee change where BYX increased its rebate
from $0.0001 per share to $0.0016 per share for orders in securities
priced at or above $1.00.\9\ Accordingly, when BATS Trading, Inc.
routes to and removes liquidity on BYX, it will now receive a standard
rebate of $0.0016 per share.\10\ The Exchange is not proposing any
other changes to its routing fees at this time.
---------------------------------------------------------------------------
\6\ As defined in BATS Rule 11.9(c)(12).
\7\ As defined in BATS Rule 11.13(a)(3)(G).
\8\ As defined in BATS Rule 11.13(a)(3)(H).
\9\ See the BYX Fee Schedule available at https://www.batstrading.com/resources/regulation/rule_book/BYX_Fee_Schedule.pdf.
\10\ The Exchange notes that to the extent DE Route does or does
not achieve any volume tiered rebates on BYX, its rebate for Flag BY
will not change.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\11\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\12\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78f.
\12\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
The Exchange believes that the proposed changes to the Exchange's
rebate for TRIM (including TRIM2 and TRIM3), SLIM and Destination
Specific Orders executed on BYX are equitably allocated, fair and
reasonable, and non-discriminatory in that they are equally applicable
to all Members and are designed to mirror the rebate applicable to the
execution if such routed orders were executed directly by the Member at
BYX.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Because the market for order execution is extremely competitive,
Members may readily opt to disfavor the Exchange's routing services if
they believe that alternatives offer them better value. For orders
routed through the Exchange and executed at BYX through the TRIM
(including TRIM2 and TRIM3), SLIM and Destination Specific Order
strategies, the proposed fee change is designed to equal the rebate
that a Member would have received if such routed orders would have been
executed directly by a Member at BYX. As stated above, the Exchange
notes that it operates in a highly competitive market in which market
participants can readily direct order flow to competing venues if the
deem fee structures to be unreasonable or excessive.
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
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \13\ and paragraph (f) of Rule 19b-4
thereunder.\14\ 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.
---------------------------------------------------------------------------
\13\ 15 U.S.C. 78s(b)(3)(A).
\14\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------
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-2014-011 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-BATS-2014-011. This
file number should be included on the
[[Page 21988]]
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-2014-011 and should be submitted on or before May
9, 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).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014-08822 Filed 4-17-14; 8:45 am]
BILLING CODE 8011-01-P