Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.13 of BATS Y-Exchange, Inc., 61117-61119 [2014-24099]

Download as PDF Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Notices Shares and the Fund’s NAV is expected, the Commission finds that it is appropriate in the public interest and consistent with the protection of investors to grant the Trust an exemption under paragraph (e) of Rule 102 of Regulation M with respect to the Fund, thus permitting the Fund to redeem Shares of the Fund during the continuous offering of such Shares. mstockstill on DSK4VPTVN1PROD with NOTICES Rule 10b–17 Rule 10b–17, with certain exceptions, requires an issuer of a class of publicly traded securities to give notice of certain specified actions (for example, a dividend distribution) relating to such class of securities in accordance with Rule 10b–17(b). Based on the representations and facts in the Letter, and subject to the conditions below, we find that it is appropriate in the public interest, and consistent with the protection of investors to grant the Trust a conditional exemption from Rule 10b– 17 because market participants will receive timely notification of the existence and timing of a pending distribution, and thus the concerns that the Commission raised in adopting Rule 10b–17 will not be implicated.6 Conclusion It is hereby ordered, pursuant to Rule 101(d) of Regulation M, that the Trust, based on the representations and facts presented in the Letter, is exempt from the requirements of Rule 101 with respect to the Fund, thus permitting persons who may be deemed to be participating in a distribution of Shares of the Fund to bid for or purchase such Shares during their participation in such distribution. It is further ordered, pursuant to Rule 102(e) of Regulation M, that the Trust, based on the representations and the facts presented in the Letter, is exempt from the requirements of Rule 102 with respect to the Fund, thus permitting the Fund to redeem Shares of the Fund during the continuous offering of such Shares. It is further ordered, pursuant to Rule 10b–17(b)(2), that the Trust, based on the representations and the facts presented in the Letter and subject to the conditions below, is exempt from the requirements of Rule 10b–17 with respect to transactions in the shares of the Fund. This exemptive relief is subject to the following conditions: 6 We also note that timely compliance with Rule 10b–17(b)(1)(v)(a) and (b) would be impractical in light of the nature of the Fund. This is because it is not possible for the Fund to accurately project ten days in advance what dividend, if any, would be paid on a particular record date. VerDate Sep<11>2014 17:56 Oct 08, 2014 Jkt 235001 • The Trust will comply with Rule 10b–17 except for Rule 10b– 17(b)(1)(v)(a) and (b); and • The Trust will provide the information required by Rule 10b– 17(b)(1)(v)(a) and (b) to the Exchange as soon as practicable before trading begins on the ex-dividend date, but in no event later than the time when the Exchange last accepts information relating to distributions on the day before the exdividend date. This exemptive relief is subject to modification or revocation at any time the Commission determines that such action is necessary or appropriate in furtherance of the purposes of the Exchange Act. This exemption is based on the facts presented and the representations made in the Letter. Any different facts or conditions may require a different response. In the event that any material change occurs in the facts or representations in the Letter, transactions in Shares of the Fund must be discontinued, pending presentation of the facts for our consideration. In addition, persons relying on this exemption are directed to the anti-fraud and anti-manipulation provisions of the Exchange Act, particularly Sections 9(a), 10(b), and Rule 10b–5 thereunder. Responsibility for compliance with these and any other applicable provisions of the federal securities laws must rest with the persons relying on this exemption. This order should not be considered a view with respect to any other question that the proposed transactions may raise, including, but not limited to the adequacy of the disclosure concerning, and the applicability of other federal or state laws to, the proposed transactions. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.7 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2014–24101 Filed 10–8–14; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–73295; File No. SR–BYX– 2014–026] Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.13 of BATS YExchange, Inc. October 3, 2014. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the 7 17 PO 00000 CFR 200.30–3(a)(6) and (9). Frm 00071 Fmt 4703 Sfmt 4703 61117 ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on September 25, 2014, BATS Y-Exchange, Inc. (the ‘‘Exchange’’ or ‘‘BYX’’) 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 11.13(a) regarding the handling of orders that have been posted to the Exchange’s order book (‘‘BATS Book’’) 5 that are subsequently locked or crossed by other Trading Centers. 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 the proposed rule change is to provide Users of the Exchange with additional options with respect to the Exchange’s method of processing the unfilled balance of a 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). 5 As defined in Rule 1.5(e). 2 17 E:\FR\FM\09OCN1.SGM 09OCN1 61118 Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES routable limit order that is posted to the BATS Book. The Exchange currently allows Users to submit various types of limit orders to the Exchange that are processed pursuant to Exchange Rules 11.13(a)(1) and 11.13(a)(2)(B), as set forth below. Rule 11.13(a)(1) describes the process by which an incoming order would execute against the BATS Book. To the extent an order has not been executed in its entirety against the BATS Book, Rule 11.13(a)(2)(B) then describes the process of routing marketable limit orders 6 to one or more Trading Centers, including a description of how the Exchange treats any unfilled balance that returns to the Exchange following the first attempt to fill the order through the routing process. If not filled through routing, and based on the order instructions, the unfilled balance of the order may be posted to the BATS Book. Pursuant to current Exchange rules,7 to the extent the unfilled balance of an order has been posted to the BATS Book, should the order subsequently be locked or crossed by another accessible Trading Center, the System 8 shall route the order to the locking or crossing Trading Center if instructed to do so by the User (the ‘‘RECYCLE Option’’). The Exchange proposes to modify the RECYCLE Option as set forth below. At the outset, the Exchange notes that it proposes to re-name the RECYCLE Option as Re-Route instructions. The Exchange currently offers only one form of RECYCLE, namely, that an order will be subject to the RECYCLE Option if it is either locked or crossed. The Exchange proposes to retain this functionality and to name such functionality the Super Aggressive ReRoute instruction, which reference reflects the willingness of the routable order posted to the BATS Book to route to away Trading Centers and to remove liquidity from such Trading Centers any time such order is locked or crossed (i.e., rather than passively waiting for an execution on the BATS Book). The Exchange also proposes to add new optional functionality that will allow a User to instruct the Exchange to apply the Super Aggressive Re-Route instruction solely to routable orders posted to the BATS Book with 6 Market orders are also routed away, pursuant to Rule 11.13(a)(2)(A), however the Exchange is not proposing any changes to the treatment of routed market orders at this time. 7 See Rule 11.13(a)(2). 8 As defined in Rule 1.5(aa), the System is the electronic communications and trading facility designated by the Board through which securities orders of Users are consolidated for ranking, execution and, when applicable, routing away. VerDate Sep<11>2014 17:56 Oct 08, 2014 Jkt 235001 remaining size of less than one round lot. In addition to the Super Aggressive Re-Route instruction described above, the Exchange proposes to add a second option, the Aggressive Re-Route instruction, which would subject an order to the routing process after being posted to the BATS Book only if the order is subsequently crossed by another Trading Center (rather than if the order is locked or crossed). The Exchange proposes to retain language making clear that unless otherwise specified the Re-Route options described above may be combined with any of the System routing options specified in paragraph (a)(3) of Rule 11.13. Examples Example 1—Aggressive Re-Route As an example of an order with an Aggressive Re-Route instruction, assume the Exchange receives an order to buy 300 shares of a security at $10.10 per share. Assume further that the NBBO is $10.09 by $10.10 when the order is received, and the Exchange’s lowest priced offer is priced at $10.11. The Exchange will route the order away from the Exchange as a bid to buy 300 shares at $10.10. Assume that the order obtains one 100 share execution through the routing process and then returns to the Exchange. The Exchange will post the order as a bid to buy 200 shares at $10.10. If displayed liquidity then appears at one or more Trading Centers priced at $10.09 or lower (i.e., crossing the posted bid to buy at $10.10), the Exchange will take the displayed bid off of the BATS Book and again route such order to the displayed liquidity at other Trading Centers. Example 2—Super Aggressive Re-Route As an example of an order with a Super Aggressive Re-Route instruction, assume the Exchange receives an order to buy 300 shares of a security at $10.10 per share designated with such instruction. Assume further that the NBBO is $10.09 by $10.10 when the order is received, and the Exchange’s lowest priced offer is priced at $10.11. The Exchange will route the order away from the Exchange as a bid to buy 300 shares at $10.10. Assume that the order obtains one 100 share execution through the routing process and then returns to the Exchange. The Exchange will post the order as a bid to buy 200 shares at $10.10. If displayed liquidity then appears in the marketplace priced at $10.10 or lower, the Exchange will take the displayed bid off of the BATS Book and again route such order to the PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 displayed liquidity at other Trading Centers. Example 3—Super Aggressive Re-Route for Odd Lots Only Assuming the facts from Example 2 above that results in a 200 share order posting to the BATS Book after routing away, if a User has elected to apply the Super Aggressive Re-Route instruction solely to routable orders posted to the BATS Book with remaining size of less than one round lot, then the posted bid to buy 200 shares at $10.10 would not route off of the BATS Book if displayed liquidity appeared at one or more other Trading Centers priced at $10.10 or lower. Assume, however, that the posted order to buy 200 shares is later executed on the BATS Book against an incoming order to sell 150 shares at $10.10, leaving a 50 share order to buy at $10.10. Such order would now be subject to the Super Aggressive ReRoute functionality and would route to away Trading Centers if locked or crossed. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act 9 and further the objectives of Section 6(b)(5) of the Act 10 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, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and, in general, to protect investors and the public interest. Specifically, the proposed changes are designed to provide Users with additional control over their orders in the context of a national market system where quotations may lock or cross orders posted to the BATS Book. Thus, the proposals are directly targeted at removing impediments to and perfect [sic] the mechanism of a free and open market and national market system. The proposed rule change also is designed to support the principles of Section 11A(a)(1) 11 of the Act in that it seeks to assure fair competition among brokers and dealers and among exchange markets. The proposed rule changes would also provide Users with access to functionality that may result in the efficient execution of such orders and will provide additional flexibility as 9 15 U.S.C. 78f(b). U.S.C. 78f(b)(5). 11 15 U.S.C. 78k–1(a)(1). 10 15 E:\FR\FM\09OCN1.SGM 09OCN1 Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Notices well as increased functionality to the Exchange’s System and its Users. The Exchange reiterates that the Super Aggressive Re-Route instruction is currently contained in Exchange rules as the RECYCLE Option. The Exchange believes that adding an optional functionality that will only treat orders with size less than a round lot as orders with Super Aggressive Re-Route instruction is reasonable because such orders are not Protected Quotations under the Act, and thus, are more likely to be locked or crossed by external markets. Accordingly, allowing such orders to only apply the Super Aggressive Re-Route instruction will enhance the likelihood of their prompt execution. The Exchange believes that the proposed addition of the Aggressive Re-Route instruction is consistent with the Act as it will provide Users with another option that may result in the efficient execution of such orders and will provide additional flexibility as well as increased functionality to the Exchange’s System and its Users. 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. The Exchange believes that Re-Route functionality generally encourages competition by increasing the likelihood of executions of orders that have been posted to the Exchange. 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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 prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) VerDate Sep<11>2014 17:56 Oct 08, 2014 Jkt 235001 of the Act 12 and Rule 19b–4(f)(6)(iii) thereunder.13 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 would allow the Exchange to immediately offer Exchange Users additionally variations of functionality that is already available on the Exchange. The Exchange also stated that the addition of a variation of ReRoute functionality that applies only when an order is crossed by an accessible Trading Center and the odd lot variation to the Super-Aggressive ReRoute instruction will benefit market participants and their customers by allowing them greater flexibility in their efforts to fill orders. The Commission believes that the waiver of 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.14 At any time within 60 days of the filing of such 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. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) 15 of the Act to determine whether the proposed rule change should be approved or 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 61119 • Send an email to rule-comments@ sec.gov. Please include File Number SR– BYX–2014–026 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–BYX–2014–026. 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 will also be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–BYX– 2014–026 and should be submitted on or before October 30, 2014. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.16 Kevin M. O’Neill, Deputy Secretary. 12 15 [FR Doc. 2014–24099 Filed 10–8–14; 8:45 am] 13 17 BILLING CODE 8011–01–P U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6)(iii). 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. 14 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 15 15 U.S.C. 78s(b)(2)(B). PO 00000 Frm 00073 Fmt 4703 Sfmt 9990 16 17 E:\FR\FM\09OCN1.SGM CFR 200.30–3(a)(12). 09OCN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 79, Number 196 (Thursday, October 9, 2014)]
[Notices]
[Pages 61117-61119]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24099]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73295; File No. SR-BYX-2014-026]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule
11.13 of BATS Y-Exchange, Inc.

October 3, 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 September 25, 2014, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') 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).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

The Exchange filed a proposal to amend Rule 11.13(a) regarding the
handling of orders that have been posted to the Exchange's order book
(``BATS Book'') \5\ that are subsequently locked or crossed by other
Trading Centers.
---------------------------------------------------------------------------

\5\ As defined in Rule 1.5(e).
---------------------------------------------------------------------------

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 the proposed rule change is to provide Users of the
Exchange with additional options with respect to the Exchange's method
of processing the unfilled balance of a

[[Page 61118]]

routable limit order that is posted to the BATS Book.
The Exchange currently allows Users to submit various types of
limit orders to the Exchange that are processed pursuant to Exchange
Rules 11.13(a)(1) and 11.13(a)(2)(B), as set forth below. Rule
11.13(a)(1) describes the process by which an incoming order would
execute against the BATS Book. To the extent an order has not been
executed in its entirety against the BATS Book, Rule 11.13(a)(2)(B)
then describes the process of routing marketable limit orders \6\ to
one or more Trading Centers, including a description of how the
Exchange treats any unfilled balance that returns to the Exchange
following the first attempt to fill the order through the routing
process. If not filled through routing, and based on the order
instructions, the unfilled balance of the order may be posted to the
BATS Book.
---------------------------------------------------------------------------

\6\ Market orders are also routed away, pursuant to Rule
11.13(a)(2)(A), however the Exchange is not proposing any changes to
the treatment of routed market orders at this time.
---------------------------------------------------------------------------

Pursuant to current Exchange rules,\7\ to the extent the unfilled
balance of an order has been posted to the BATS Book, should the order
subsequently be locked or crossed by another accessible Trading Center,
the System \8\ shall route the order to the locking or crossing Trading
Center if instructed to do so by the User (the ``RECYCLE Option''). The
Exchange proposes to modify the RECYCLE Option as set forth below. At
the outset, the Exchange notes that it proposes to re-name the RECYCLE
Option as Re-Route instructions.
---------------------------------------------------------------------------

\7\ See Rule 11.13(a)(2).
\8\ As defined in Rule 1.5(aa), the System is the electronic
communications and trading facility designated by the Board through
which securities orders of Users are consolidated for ranking,
execution and, when applicable, routing away.
---------------------------------------------------------------------------

The Exchange currently offers only one form of RECYCLE, namely,
that an order will be subject to the RECYCLE Option if it is either
locked or crossed. The Exchange proposes to retain this functionality
and to name such functionality the Super Aggressive Re-Route
instruction, which reference reflects the willingness of the routable
order posted to the BATS Book to route to away Trading Centers and to
remove liquidity from such Trading Centers any time such order is
locked or crossed (i.e., rather than passively waiting for an execution
on the BATS Book). The Exchange also proposes to add new optional
functionality that will allow a User to instruct the Exchange to apply
the Super Aggressive Re-Route instruction solely to routable orders
posted to the BATS Book with remaining size of less than one round lot.
In addition to the Super Aggressive Re-Route instruction described
above, the Exchange proposes to add a second option, the Aggressive Re-
Route instruction, which would subject an order to the routing process
after being posted to the BATS Book only if the order is subsequently
crossed by another Trading Center (rather than if the order is locked
or crossed).
The Exchange proposes to retain language making clear that unless
otherwise specified the Re-Route options described above may be
combined with any of the System routing options specified in paragraph
(a)(3) of Rule 11.13.
Examples
Example 1--Aggressive Re-Route
As an example of an order with an Aggressive Re-Route instruction,
assume the Exchange receives an order to buy 300 shares of a security
at $10.10 per share. Assume further that the NBBO is $10.09 by $10.10
when the order is received, and the Exchange's lowest priced offer is
priced at $10.11. The Exchange will route the order away from the
Exchange as a bid to buy 300 shares at $10.10. Assume that the order
obtains one 100 share execution through the routing process and then
returns to the Exchange. The Exchange will post the order as a bid to
buy 200 shares at $10.10. If displayed liquidity then appears at one or
more Trading Centers priced at $10.09 or lower (i.e., crossing the
posted bid to buy at $10.10), the Exchange will take the displayed bid
off of the BATS Book and again route such order to the displayed
liquidity at other Trading Centers.
Example 2--Super Aggressive Re-Route
As an example of an order with a Super Aggressive Re-Route
instruction, assume the Exchange receives an order to buy 300 shares of
a security at $10.10 per share designated with such instruction. Assume
further that the NBBO is $10.09 by $10.10 when the order is received,
and the Exchange's lowest priced offer is priced at $10.11. The
Exchange will route the order away from the Exchange as a bid to buy
300 shares at $10.10. Assume that the order obtains one 100 share
execution through the routing process and then returns to the Exchange.
The Exchange will post the order as a bid to buy 200 shares at $10.10.
If displayed liquidity then appears in the marketplace priced at $10.10
or lower, the Exchange will take the displayed bid off of the BATS Book
and again route such order to the displayed liquidity at other Trading
Centers.
Example 3--Super Aggressive Re-Route for Odd Lots Only
Assuming the facts from Example 2 above that results in a 200 share
order posting to the BATS Book after routing away, if a User has
elected to apply the Super Aggressive Re-Route instruction solely to
routable orders posted to the BATS Book with remaining size of less
than one round lot, then the posted bid to buy 200 shares at $10.10
would not route off of the BATS Book if displayed liquidity appeared at
one or more other Trading Centers priced at $10.10 or lower. Assume,
however, that the posted order to buy 200 shares is later executed on
the BATS Book against an incoming order to sell 150 shares at $10.10,
leaving a 50 share order to buy at $10.10. Such order would now be
subject to the Super Aggressive Re-Route functionality and would route
to away Trading Centers if locked or crossed.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \9\ and further the objectives of Section
6(b)(5) of the Act \10\ 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, to
foster cooperation and coordination with persons engaged in
facilitating transactions in securities, and, in general, to protect
investors and the public interest. Specifically, the proposed changes
are designed to provide Users with additional control over their orders
in the context of a national market system where quotations may lock or
cross orders posted to the BATS Book. Thus, the proposals are directly
targeted at removing impediments to and perfect [sic] the mechanism of
a free and open market and national market system. The proposed rule
change also is designed to support the principles of Section 11A(a)(1)
\11\ of the Act in that it seeks to assure fair competition among
brokers and dealers and among exchange markets.
---------------------------------------------------------------------------

\9\ 15 U.S.C. 78f(b).
\10\ 15 U.S.C. 78f(b)(5).
\11\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

The proposed rule changes would also provide Users with access to
functionality that may result in the efficient execution of such orders
and will provide additional flexibility as

[[Page 61119]]

well as increased functionality to the Exchange's System and its Users.
The Exchange reiterates that the Super Aggressive Re-Route
instruction is currently contained in Exchange rules as the RECYCLE
Option. The Exchange believes that adding an optional functionality
that will only treat orders with size less than a round lot as orders
with Super Aggressive Re-Route instruction is reasonable because such
orders are not Protected Quotations under the Act, and thus, are more
likely to be locked or crossed by external markets. Accordingly,
allowing such orders to only apply the Super Aggressive Re-Route
instruction will enhance the likelihood of their prompt execution. The
Exchange believes that the proposed addition of the Aggressive Re-Route
instruction is consistent with the Act as it will provide Users with
another option that may result in the efficient execution of such
orders and will provide additional flexibility as well as increased
functionality to the Exchange's System and its Users.

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. The Exchange
believes that Re-Route functionality generally encourages competition
by increasing the likelihood of executions of orders that have been
posted to the Exchange.

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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6)(iii) thereunder.\13\
---------------------------------------------------------------------------

\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 17 CFR 240.19b-4(f)(6)(iii). 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.
---------------------------------------------------------------------------

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 would allow
the Exchange to immediately offer Exchange Users additionally
variations of functionality that is already available on the Exchange.
The Exchange also stated that the addition of a variation of Re-Route
functionality that applies only when an order is crossed by an
accessible Trading Center and the odd lot variation to the Super-
Aggressive Re-Route instruction will benefit market participants and
their customers by allowing them greater flexibility in their efforts
to fill orders. The Commission believes that the waiver of 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.\14\
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\14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of such 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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\15\ 15 U.S.C. 78s(b)(2)(B).
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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:

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-BYX-2014-026 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-BYX-2014-026. 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 will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BYX-2014-026 and should be
submitted on or before October 30, 2014.

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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\16\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-24099 Filed 10-8-14; 8:45 am]
BILLING CODE 8011-01-P

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