Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 21.8, Order Display and Book Processing, 80865-80867 [2015-32524]
Download as PDF
Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices
policies. The Fund will seek, where
possible, to use counterparties whose
financial status is such that the risk of
default is reduced. The Fund will
segregate or ‘‘earmark’’ assets
determined to be liquid by the Adviser
in accordance with procedures
established by the Board and in
accordance with the 1940 Act (or, as
permitted by applicable regulation,
enter into certain offsetting positions) to
cover its obligations under derivative
instruments. In addition, the Fund will
include appropriate risk disclosure in
its offering documents, including
leveraging risk. To mitigate leveraging
risk, the Adviser will segregate or
‘‘earmark’’ liquid assets or otherwise
cover the transactions that may give rise
to such risk.
This approval order is based on all of
the Exchange’s representations,
including those set forth above and in
the Notice. The Commission notes that
the Fund and the Shares must comply
with the requirements of NYSE Arca
Equities Rule 8.600 to be initially and
continuously listed and traded on the
Exchange.
IV. Solicitation of Comments on
Amendment Nos. 3, 4, 5, and 6
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether Amendment Nos. 3,
4, 5, and 6 to the proposed rule change
are consistent with the Act. Comments
may be submitted by any of the
following methods:
mstockstill on DSK4VPTVN1PROD with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–NYSEArca–2015–73 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–NYSEArca–2015–73. 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
VerDate Sep<11>2014
13:31 Dec 24, 2015
Jkt 238001
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–2015–73 and should be
submitted on or before January 19, 2016.
V. Accelerated Approval of Proposed
Rule Change, as Modified by
Amendment Nos. 1, 3, 4, 5, and 6
The Commission finds good cause to
approve the proposed rule change, as
modified by Amendment Nos. 1, 3, 4, 5
and 6, prior to the 30th day after the
date of publication of notice of
Amendment Nos. 3, 4, 5, and 6 in the
Federal Register. Amendment Nos. 3, 4,
5, and 6 revised the proposed rule
change by: (1) Modifying, and defining,
the Fixed Income Instruments in which
the Fund will invest; (2) representing
that normally corporate debt securities
and bank loan and corporate loan assets
will each have a certain par amount
outstanding; (3) modifying the
investment restrictions of the Fund; (4)
clarifying price information in, and
adding assets to, the Availability of
Information section, and (5) noting that
trading surveillances may be
administered by the regulatory staff of
the Exchange.
Amendment Nos. 3, 4, 5, and 6
supplement the proposed rule change
by, among other things, clarifying the
scope of the Fund’s permitted
investments and investment restrictions
and providing additional information
about the availability of pricing
information for the Fund’s underlying
assets. They also help the Commission
evaluate whether the listing and trading
of the Shares of the Fund would be
consistent with the protection of
investors and the public interest.
Accordingly, the Commission finds
good cause, pursuant to Section 19(b)(2)
of the Act,54 to approve the proposed
54 15
PO 00000
U.S.C. 78s(b)(2).
Frm 00121
Fmt 4703
Sfmt 4703
80865
rule change, as modified by Amendment
Nos. 1, 3, 4, 5, and 6, on an accelerated
basis.
VI. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Exchange Act,55
that the proposed rule change (SR–
NYSEArca–2015–73), as modified by
Amendment Nos. 1, 3, 4, 5, and 6
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.56
Brent J. Fields,
Secretary.
[FR Doc. 2015–32528 Filed 12–24–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–76715; File No. SR–EDGX–
2015–65]
Self-Regulatory Organizations; EDGX
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change to Rule 21.8, Order
Display and Book Processing
December 21, 2015.
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 December
16, 2015, EDGX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGX’’) 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
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
authorize the Exchange’s equity options
platform (‘‘EDGX Options’’) to make a
modification to Rule 21.8 (Order
Display and Book Processing).
55 15
U.S.C. 78s(b)(2).
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).
4 17 CFR 240.19b–4(f)(6)(iii).
56 17
E:\FR\FM\28DEN1.SGM
28DEN1
80866
Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices
The text of the proposed rule change
is available at the Exchange’s Web site
at 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
mstockstill on DSK4VPTVN1PROD with NOTICES
1. Purpose
The Exchange is proposing to modify
Rule 21.8, Order Display and Book
Processing, which sets forth the priority
rules applicable to EDGX Options as
well as the Exchange’s program for
accepting Directed Orders. Specifically,
Rule 21.8 describes the general priority
rules for EDGX Options, including that
quotes and orders are prioritized by
price and then on a pro-rata basis
according to size. Rule 21.8 also
describes additional priority overlays,
including special priority provisions for
Customer orders, Directed Market
Makers and Primary Market Makers.
The purpose of this rule filing is to
make a minor modification to the
Directed Order program, as described
below.
Pursuant to Rule 21.8(f), an Options
Member may designate a Market Maker
(‘‘Directed Market Maker’’) on orders it
enters into the Exchange’s system
(‘‘Directed Orders’’). A Directed Market
Maker receives certain participation
entitlements described in Rule 21.8
subject to certain conditions, which
conditions are also set forth in the Rule.
For instance, the Directed Market Maker
must be registered with the Exchange as
a Market Maker in the relevant option
class at the time of receipt of the
Directed Order to be eligible to receive
the Directed Market Maker participation
entitlement. One current limitation on
the Directed Market Maker priority
overlay is that only Customer Orders are
eligible to be directed by an Options
Member to a Directed Market Maker.
VerDate Sep<11>2014
13:31 Dec 24, 2015
Jkt 238001
The Exchange proposes to eliminate this
limitation to align more closely with the
directed order rules applicable to
options trading on the options trading
platform of NASDAQ OMX BX, Inc.
(‘‘BX Options’’) 5 and other options
exchanges.6 Accordingly, as proposed,
an Options Member could direct any
order to a Directed Market Maker, not
just a Customer Order.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with the
requirements of the Act and the rules
and regulations thereunder that are
applicable to a national securities
exchange, and, in particular, with the
requirements of Section 6(b) of the Act.7
In particular, the proposal is consistent
with Section 6(b)(5) of the Act 8 because
it is designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
facilitating transactions in securities, to
remove impediments to, and perfect the
mechanism of, a free and open market
and a national market system and, in
general, to protect investors and the
public interest.
The proposed rule change will allow
the Exchange to accept Directed Orders
on the EDGX Options platform without
restricting such orders to Customer
Orders. The Exchange believes that the
change is appropriate and consistent
with the Act because it recognizes that
orders of other participants, not just
Customers, could potentially be directed
to a Directed Market Maker. As noted
above, other options exchanges operate
with similar directed order programs.9
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change is not designed to
address any competitive issues but
rather to make a modification to the
5 See BX Options, Chapter VI, Section
10(1)(C)(2)(iii), which does not limit ‘‘Directed
Orders’’ on BX Options to ‘‘Customer’’ orders. A
‘‘Directed Order’’ is defined in BX Options Chapter
VI, Section 1(e)(2) as ‘‘an order to buy or sell which
has been directed, provided it is properly marked
as such, to a particular market maker. . . .’’ A
‘‘Customer’’ is defined in BX Options Chapter 1,
Section 1(a)(22) and is equivalent to a Customer on
the Exchange.
6 See, e.g., NYSE Arca Rules 6.1A(4) and 6.76A;
NASDAQ PHLX Rules 1014(g)(vii) and 1080(l).
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
9 See supra notes 5 and 6.
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
Exchange’s Directed Order program. As
noted above, the change would make
the Exchange’s rule similar to that of
other options exchanges.10 The
Exchange believes that the proposed
change will have a positive competitive
impact by allowing additional Directed
Orders to be submitted 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 not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange has not received any written
comments from members or other
interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (A) Significantly affect
the protection of investors or the public
interest; (B) impose any significant
burden on competition; and (C) by its
terms, 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 11 and paragraph (f)(6) of Rule
19b–4 thereunder,12 the Exchange has
designated this rule filing as noncontroversial. The Exchange has given
the Commission written notice of its
intent to file the proposed rule change,
along with a brief description and 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.
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: (1) Necessary or appropriate in
the public interest; (2) for the protection
of investors; or (3) 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 proposal is
consistent with the Act. Comments may
10 Id.
11 15
12 17
E:\FR\FM\28DEN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4.
28DEN1
Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices
be submitted by any of the following
methods:
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File No. SR–
EDGX–2015–65 on the subject line.
[Release No. 34–76713; File No. SR–EDGX–
2015–62]
Self-Regulatory Organizations; EDGX
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Related to Fees for Use
of EDGX Exchange, Inc.
December 21, 2015.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
mstockstill on DSK4VPTVN1PROD with NOTICES
All submissions should refer to File No.
SR–EDGX–2015–65. 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 No. SR–EDGX–
2015–65 and should be submitted on or
before January 19, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Brent J. Fields,
Secretary.
[FR Doc. 2015–32524 Filed 12–24–15; 8:45 am]
BILLING CODE 8011–01–P
13 17
13:31 Dec 24, 2015
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange filed a proposal to
amend the Market Data section of its fee
schedule to: (i) Adopt definitions for the
terms ‘‘Non-Display Usage’’ and
‘‘Trading Platforms’’; and (ii) amend the
fees for EDGX Depth, to increase the
Internal Distributor fee and adopt a new
fee for Non-Display Usage.
The text of the proposed rule change
is available at the Exchange’s Web site
at 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
15 U.S.C. 78s(b)(1).
17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
1
2
CFR 200.30–3(a)(12).
VerDate Sep<11>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 December
17, 2015, EDGX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGX’’) 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 comments on the proposed rule
change from interested persons.
Jkt 238001
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
80867
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 amend the
Market Data section of its fee schedule
to: (i) Adopt definitions for the terms
‘‘Non-Display Usage’’ and ‘‘Trading
Platforms’’; and (ii) amend the fees for
EDGX Depth to increase the Internal
Distributor fee and adopt a new fee for
Non-Display Usage.
Definitions
The Exchange proposes to adopt
definitions for the terms ‘‘Non-Display
Usage’’ and ‘‘Trading Platforms’’. The
proposed definitions are designed to
provide greater transparency with
regard to how the Exchange assesses
fees for market data. Non-Display Usage
would be defined as ‘‘any method of
accessing a Market Data product that
involves access or use by a machine or
automated device without access or use
of a display by a natural person or
persons.’’ 5 The term Trading Platform
would be defined as ‘‘any execution
platform operated as or by a registered
National Securities Exchange (as
defined in Section 3(a)(1) of the
Exchange Act), an Alternative Trading
System (as defined in Rule 300(a) of
Regulation ATS), or an Electronic
Communications Network (as defined in
Rule 600(b)(23) of Regulation NMS).’’ 6
EDGX Depth Fees
EDGX Depth is an uncompressed
market data feed that provides depth-ofbook quotations and execution
information based on equity orders
entered into the System.7
Internal Distributor Fee. Currently,
the Exchange charges fees for both
internal and external distribution of
EDGX Depth. The cost of EDGX Depth
for an Internal Distributor 8 is currently
5 The proposed definition of Non-Display Usage
is substantially similar to Nasdaq Stock Market LLC
(‘‘Nasdaq’’) Rule 7023(a)(2)(B), which defines NonDisplay Usage as ‘‘any method of accessing Depthof-Book data that involves access or use by a
machine or automated device without access or use
of a display by a natural person or persons.
6 The proposed definition of Trading Platform is
identical the definition of Trading Platform under
Nasdaq Rule 7023(a)(7).
7 See Exchange Rule 13.8(a).
8 An ‘‘Internal Distributor’’ is defined as ‘‘a
Distributor that receives the Exchange Market Data
product and then distributes that data to one or
Continued
E:\FR\FM\28DEN1.SGM
28DEN1
Agencies
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Notices]
[Pages 80865-80867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32524]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-76715; File No. SR-EDGX-2015-65]
Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule
21.8, Order Display and Book Processing
December 21, 2015.
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 December 16, 2015, EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A).
\4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange filed a proposal to authorize the Exchange's equity
options platform (``EDGX Options'') to make a modification to Rule 21.8
(Order Display and Book Processing).
[[Page 80866]]
The text of the proposed rule change is available at the Exchange's
Web site at 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 modify Rule 21.8, Order Display and
Book Processing, which sets forth the priority rules applicable to EDGX
Options as well as the Exchange's program for accepting Directed
Orders. Specifically, Rule 21.8 describes the general priority rules
for EDGX Options, including that quotes and orders are prioritized by
price and then on a pro-rata basis according to size. Rule 21.8 also
describes additional priority overlays, including special priority
provisions for Customer orders, Directed Market Makers and Primary
Market Makers. The purpose of this rule filing is to make a minor
modification to the Directed Order program, as described below.
Pursuant to Rule 21.8(f), an Options Member may designate a Market
Maker (``Directed Market Maker'') on orders it enters into the
Exchange's system (``Directed Orders''). A Directed Market Maker
receives certain participation entitlements described in Rule 21.8
subject to certain conditions, which conditions are also set forth in
the Rule. For instance, the Directed Market Maker must be registered
with the Exchange as a Market Maker in the relevant option class at the
time of receipt of the Directed Order to be eligible to receive the
Directed Market Maker participation entitlement. One current limitation
on the Directed Market Maker priority overlay is that only Customer
Orders are eligible to be directed by an Options Member to a Directed
Market Maker. The Exchange proposes to eliminate this limitation to
align more closely with the directed order rules applicable to options
trading on the options trading platform of NASDAQ OMX BX, Inc. (``BX
Options'') \5\ and other options exchanges.\6\ Accordingly, as
proposed, an Options Member could direct any order to a Directed Market
Maker, not just a Customer Order.
---------------------------------------------------------------------------
\5\ See BX Options, Chapter VI, Section 10(1)(C)(2)(iii), which
does not limit ``Directed Orders'' on BX Options to ``Customer''
orders. A ``Directed Order'' is defined in BX Options Chapter VI,
Section 1(e)(2) as ``an order to buy or sell which has been
directed, provided it is properly marked as such, to a particular
market maker. . . .'' A ``Customer'' is defined in BX Options
Chapter 1, Section 1(a)(22) and is equivalent to a Customer on the
Exchange.
\6\ See, e.g., NYSE Arca Rules 6.1A(4) and 6.76A; NASDAQ PHLX
Rules 1014(g)(vii) and 1080(l).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\7\ In particular, the
proposal is consistent with Section 6(b)(5) of the Act \8\ because it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to, and perfect the
mechanism of, a free and open market and a national market system and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The proposed rule change will allow the Exchange to accept Directed
Orders on the EDGX Options platform without restricting such orders to
Customer Orders. The Exchange believes that the change is appropriate
and consistent with the Act because it recognizes that orders of other
participants, not just Customers, could potentially be directed to a
Directed Market Maker. As noted above, other options exchanges operate
with similar directed order programs.\9\
---------------------------------------------------------------------------
\9\ See supra notes 5 and 6.
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any competitive issues but rather to make a
modification to the Exchange's Directed Order program. As noted above,
the change would make the Exchange's rule similar to that of other
options exchanges.\10\ The Exchange believes that the proposed change
will have a positive competitive impact by allowing additional Directed
Orders to be submitted to the Exchange.
---------------------------------------------------------------------------
\10\ Id.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (A)
Significantly affect the protection of investors or the public
interest; (B) impose any significant burden on competition; and (C) by
its terms, 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 \11\ and
paragraph (f)(6) of Rule 19b-4 thereunder,\12\ the Exchange has
designated this rule filing as non-controversial. The Exchange has
given the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission.
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\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 17 CFR 240.19b-4.
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (1)
Necessary or appropriate in the public interest; (2) for the protection
of investors; or (3) 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 proposal is
consistent with the Act. Comments may
[[Page 80867]]
be submitted by any of the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File No. SR-EDGX-2015-65 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 No. SR-EDGX-2015-65. 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 No. SR-EDGX-2015-65 and should be
submitted on or before January 19, 2016.
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\13\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Brent J. Fields,
Secretary.
[FR Doc. 2015-32524 Filed 12-24-15; 8:45 am]
BILLING CODE 8011-01-P