Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.24 of BATS Exchange, Inc., 71150-71152 [2014-28173]
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asabaliauskas on DSK5VPTVN1PROD with NOTICES
71150
Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices
The Exchange believes that amending
Tiers 1–5 and Tier 8 of the Customer
and Professional Penny Pilot Options
Rebates to Add Liquidity, as well as the
Tier 8 incentive of $0.02 per contract to
permit Participants to add all types of
market participant liquidity does not
create an undue burden on competition,
rather the proposal will incentivize
market participants to send additional
order flow to the Exchange. Customer
liquidity offers unique benefits to the
market which benefits all market
participants. Customer liquidity benefits
all market participants by providing
more trading opportunities, which
attracts market makers. An increase in
the activity of these market participants
in turn facilitates tighter spreads, which
may cause an additional corresponding
increase in order flow from other market
participants. The Exchange believes that
encouraging Participants to add
Professional liquidity creates
competition among options exchanges
because the Exchange believes that the
rebates may cause market participants to
select NOM as a venue to send
Professional order flow.
The Exchange’s proposal to amend
the Tier 3 and 4 NOM Market Maker
Penny Pilot Options Rebates to Add
Liquidity to pay a higher rebate for
AAPL of $0.40 per contract, similar to
SPY, QQQ and VXX, does not create an
undue burden on competition because
all NOM Market Makers may qualify for
the Tier 3 or 4 NOM Market Maker
Penny Pilot Options Rebate to Add
Liquidity. The Exchange’s proposal to
offer another means to qualify for the
Tier 6 NOM Market Maker Penny Pilot
Options Rebate to Add Liquidity does
not create an undue burden on
competition, rather the proposal will
incentivize market participants to send
additional order flow to the Exchange.
The Exchange believes the differing
outcomes, rebates and fees created by
the Exchange’s proposed pricing
incentives contribute to the overall
health of the market place to the benefit
of all Participants that willing choose to
transact options on NOM. For the
reasons specified herein, the Exchange
does not believe this proposal creates an
undue burden on competition. The
Exchange operates in a highly
competitive market comprised of twelve
U.S. options exchanges in which many
sophisticated and knowledgeable
market participants can readily and do
send order flow to competing exchanges
if they deem fee levels or rebate
incentives at a particular exchange to be
excessive or inadequate. These market
forces support the Exchange belief that
the proposed rebate structure and tiers
proposed herein are competitive with
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rebates and tiers in place on other
exchanges. The Exchange believes that
this competitive marketplace continues
to impact the rebates present on the
Exchange today and substantially
influences the proposals set forth above.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
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)(ii) of the Act.15 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. If the Commission
takes such action, the Commission shall
institute proceedings to determine
whether the proposed rule 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
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2014–105 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–NASDAQ–2014–105. 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–
NASDAQ–2014–105, and should be
submitted on or before December 22,
2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–28172 Filed 11–28–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–73677; File No. SR–BATS–
2014–058]
Self-Regulatory Organizations; BATS
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change to Rule 11.24 of BATS
Exchange, Inc.
November 24, 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 November
17, 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. The Exchange has
designated this proposal as a ‘‘noncontroversial’’ proposed rule change
pursuant to Section 19(b)(3)(A) of the
16 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
15 15
PO 00000
U.S.C. 78s(b)(3)(A)(ii).
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices
Act 3 and Rule 19b–4(f)(6) 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 the Substance
of the Proposed Rule Change
The Exchange filed a proposal to renumber Rule 11.24, entitled ‘‘Retail
Order Attribution Program,’’ as Rule
11.25.
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
asabaliauskas on DSK5VPTVN1PROD with NOTICES
1. Purpose
The Exchange is proposing to renumber Rule 11.24, entitled ‘‘Retail
Order Attribution Program,’’ as Rule
11.25. The Exchange recently adopted
this rule to allow retail orders to be
attributed as such on Exchange data
feeds.5 However, at the time such
proposal was filed, the Exchange was
awaiting approval of a separate filing to
add an opening process for nonExchange-listed securities, which rule
was also numbered 11.24. Accordingly,
the Exchange proposes to re-number the
rule related to its Retail Order
Attribution Program as 11.25.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Securities Exchange
3 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
5 See Securities Exchange Act Release No. 73237
(September 26, 2014), 79 FR 59537 (October 2,
2014) (SR–BATS–2014–043).
4 17
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Jkt 235001
Act of 1934 (the ‘‘Act’’) 6 and further the
objectives of Section 6(b)(5) of the Act 7
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
correction of this numbering error will
contribute to the protection of investors
and the public interest by helping to
avoid confusion with respect to
Exchange rules.
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 as it is not
a competitive proposal and does not
reflect any substantive modification to
the Exchange’s operations.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Not applicable.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A) of the Act 8 and Rule 19b–
4(f)(6) thereunder.9 Because the
foregoing proposed rule change does
not: (i) Significantly affect the
protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act and Rule 19b–
4(f)(6) thereunder.10
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 11 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 12
permits the Commission to designate a
6 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
8 15 U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(6).
10 17 CFR 240.19b–4(f)(6). As required under Rule
19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change.
11 17 CFR 240.19b–4(f)(6).
12 17 CFR 240.19b–4(f)(6)(iii).
7 15
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71151
shorter time if such action is consistent
with the protection of investors and the
public interest. 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 believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest
because it would allow the Exchange to
immediately correct the numbering
error described above. The Commission
believes that waiving the 30-day
operative delay is consistent with the
protection of investors and the public
interest. Therefore, the Commission
hereby waives the operative delay and
designates the proposed rule change
operative upon filing.13
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
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
to determine whether the proposed rule
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
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
BATS–2014–058 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–BATS–2014–058. 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/
13 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).
E:\FR\FM\01DEN1.SGM
01DEN1
71152
Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices
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–
2014–058, and should be submitted on
or before December 22, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–28173 Filed 11–28–14; 8:45 am]
BILLING CODE 8011–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Membership of the Performance
Review Board (PRB)
Office of the United States
Trade Representative.
ACTION: Notice
AGENCY:
The following staff members
have been appointed to serve on the
Performance Review Board:
Performance Review Board (PRB)
Chair: Wendy Cutler
Member: Barbara Weisel
Member: Florizelle Liser
Member: Lewis Karesh
Member: Sharon Bomer-Lauritsen
Executive Secretary: Ronald Nerida
DATES: Effective Date: November 20,
2014
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Questions regarding this submission
should be directed to Susan Buck,
14 17
CFR 200.30–3(a)(12).
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14:08 Nov 28, 2014
Jkt 235001
Acting Director, USTR Office of Human
Resources (202) 395–7630.
Fred Ames,
Assistant U.S. Trade Representative for
Administration, Office of the United States
Trade Representative.
[FR Doc. 2014–28179 Filed 11–28–14; 8:45 am]
BILLING CODE 3290–F4–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Safety Advisory 2014–02]
Roadway Worker Authority Limits—
Importance of Clear Communication,
Compliance with Applicable Rules and
Procedures, and Ensuring that
Appropriate Safety Redundancies Are
in Place in the Event of
Miscommunication or Error;
Correction
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of Safety Advisory;
Correction
AGENCY:
On November 25, 2014, FRA
published a document in the Federal
Register to reemphasize the importance
of clear communication and compliance
with applicable rules and procedures
regarding roadway worker authority
limits on controlled track, and to ensure
that appropriate safety redundancies are
in place to protect against
miscommunication or error. The
document contained an incorrect job
designation (‘‘foreman’’ instead of
‘‘roadway worker in charge’’) for an
employee in the first incident discussed
in the safety advisory that resulted in an
employee fatality, and an incorrect
location (‘‘Danbury,’’ instead of ‘‘West
Haven,’’ Connecticut) for the second
incident that also resulted in an
employee fatality. The safety advisory
otherwise remains unchanged.
FOR FURTHER INFORMATION CONTACT:
Kenneth Rusk, Staff Director, Track
Division, Office of Railroad Safety, FRA,
1200 New Jersey Avenue SE.,
Washington, DC 20590, telephone (202)
493–6236; or Anna Nassif Winkle, Trial
Attorney, Office of Chief Counsel, FRA,
1200 New Jersey Avenue SE.,
Washington, DC 20590, telephone (202)
493–6166.
SUMMARY:
Correction
In the Federal Register of November
25, 2014, in FR Doc. 2014–27955, on
page 70268, in the third column, correct
the second and third paragraphs to read
as follows:
PO 00000
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In November 2013, a BNSF Railway Co.
(BNSF) lead welder was killed when his
welding truck collided with an eastbound
freight train on a single main track at a
location that was outside of his roadway
work group’s limits of authority. It appears
from FRA’s preliminary investigation that the
two-man work group set on the track at a
location outside of their authority limits after
the workers disagreed regarding the extent of
the authority limits and after not being able
to quickly resolve the discrepancy because
the screen displaying their authority was not
visible at the time they set on the track. The
roadway worker in charge was apparently
attempting to ‘‘wake up’’ the computer screen
as the operator was setting their vehicle on
and operating over the track, rather than
remaining clear of the track until the
discrepancy could be resolved, as required by
the railroad’s good faith challenge
procedures.
In May 2013, a Metro-North Commuter
Railroad Co. (Metro-North) track foreman was
struck and killed by a passenger train in West
Haven, Connecticut, after a student
dispatcher prematurely removed the control
signal blocking devices that had been
established for the track foreman’s work
group, and cleared the signal for the
passenger train. Investigation by FRA and the
National Transportation Safety Board (NTSB)
determined that the student dispatcher
assumed that the foreman no longer needed
the main track after the dispatcher had lined
the foreman-piloted locomotive crane into an
out-of-service track. Several weeks prior to
this incident, a very similar incident
occurred on the same railroad. However, in
that situation, the roadway worker detected
the advancing train movement in sufficient
time to move away from the track and avoid
being struck by the train.
Dated: November 26, 2014.
Brenda Moscoso,
Director, Office of Safety Analysis.
[FR Doc. 2014–28380 Filed 11–28–14; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
November 25, 2014.
The Department of the Treasury is
planning to submit the following
information collection request to the
Office of Management and Budget
(OMB) for review and clearance in
accordance with the Paperwork
Reduction Act of 1995, Public Law 104–
13.
DATES: Comments should be received on
or before January 30, 2015 to be assured
of consideration.
ADDRESSES: Send comments regarding
the burden estimate, or any other aspect
of the information collection, including
suggestion for reducing the burden, to
Kim M. Bloomquist, Internal Revenue
E:\FR\FM\01DEN1.SGM
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Agencies
[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Notices]
[Pages 71150-71152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28173]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-73677; File No. SR-BATS-2014-058]
Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule
11.24 of BATS Exchange, Inc.
November 24, 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 November 17, 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. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the
[[Page 71151]]
Act \3\ and Rule 19b-4(f)(6) 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).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange filed a proposal to re-number Rule 11.24, entitled
``Retail Order Attribution Program,'' as Rule 11.25.
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 is proposing to re-number Rule 11.24, entitled
``Retail Order Attribution Program,'' as Rule 11.25. The Exchange
recently adopted this rule to allow retail orders to be attributed as
such on Exchange data feeds.\5\ However, at the time such proposal was
filed, the Exchange was awaiting approval of a separate filing to add
an opening process for non-Exchange-listed securities, which rule was
also numbered 11.24. Accordingly, the Exchange proposes to re-number
the rule related to its Retail Order Attribution Program as 11.25.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 73237 (September 26,
2014), 79 FR 59537 (October 2, 2014) (SR-BATS-2014-043).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Securities Exchange Act of 1934 (the ``Act'')
\6\ and further the objectives of Section 6(b)(5) of the Act \7\
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 correction of this numbering error will
contribute to the protection of investors and the public interest by
helping to avoid confusion with respect to Exchange rules.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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 as it is not a competitive proposal
and does not reflect any substantive modification to the Exchange's
operations.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
Not applicable.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\ Because
the foregoing proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(6).
\10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change.
---------------------------------------------------------------------------
A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \11\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. 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
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because it would allow
the Exchange to immediately correct the numbering error described
above. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the operative delay and
designates the proposed rule change operative upon filing.\13\
---------------------------------------------------------------------------
\11\ 17 CFR 240.19b-4(f)(6).
\12\ 17 CFR 240.19b-4(f)(6)(iii).
\13\ 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).
---------------------------------------------------------------------------
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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule 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
Send an email to rule-comments@sec.gov. Please include
File Number SR-BATS-2014-058 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-BATS-2014-058. 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/
[[Page 71152]]
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-2014-058, and should be submitted on or before December 22, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-28173 Filed 11-28-14; 8:45 am]
BILLING CODE 8011-01-P