Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.13, Order Execution and Routing, To Delete References to the TRIM3 Routing Option, 30373-30375 [2016-11408]
Download as PDF
Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices
of participants to provide the required
liquidity to obtain the rebate. The
increased liquidity benefits all investors
by deepening the Exchange’s liquidity
pool, offering additional flexibility for
all investors to enjoy cost savings,
supporting the quality of price
discovery, promoting market
transparency and improving investor
protection.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe its
proposed amendment to its Fee
Schedule would impose any burden on
competition that is not necessary or
appropriate in furtherance of the
purposes of the Act. The Exchange does
not believe that the proposed change
represents a significant departure from
previous pricing offered by the
Exchange or pricing offered by the
Exchange’s competitors. Additionally,
Members may opt to disfavor the
Exchange’s pricing if they believe that
alternatives offer them better value. The
Exchange does not believe that the
modified tier would burden
competition, but instead, enhances
competition, as it is intended to increase
the competitiveness of and draw
additional volume to the Exchange. The
Exchange does not believe the amended
tier would burden intramarket
competition as it would apply to all
Members uniformly. Accordingly, the
Exchange does not believe that the
proposed change will impair the ability
of Members or competing venues to
maintain their competitive standing in
the financial markets.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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
unsolicited written comments from
Members or other interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to section 19(b)(3)(A)
of the Act 12 and paragraph (f)(2) of Rule
19b–4 thereunder.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
12 15
13 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
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18:48 May 13, 2016
Jkt 238001
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File No. SR–
BatsBZX–2016–12 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–BatsBZX–2016–12. 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 No. SR–BatsBZX–
2016–12, and should be submitted on or
before June 6, 2016.
PO 00000
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Fmt 4703
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30373
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–11400 Filed 5–13–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–77797; File No. SR–
BatsBZX–2016–13]
Self-Regulatory Organizations; Bats
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change to Rule 11.13,
Order Execution and Routing, To
Delete References to the TRIM3
Routing Option
May 10, 2016.
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 May 2,
2016, 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
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, Order Execution and
Routing, to delete references to the
TRIM3 routing option. The Exchange
also proposes to amend its fee schedule
to delete references to the TRIM3
routing option under fee codes BY and
TV.
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.
14 17
CFR 200.30–3(a)(12).
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).
1 15
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30374
Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices
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 the
Statutory Basis for, the Proposed Rule
Change
asabaliauskas on DSK3SPTVN1PROD with NOTICES
1. Purpose
The Exchange proposes to amend
Rule 11.13, Order Execution and
Routing, to delete references to the
TRIM3 routing option. The Exchange
also proposes to amend its fee schedule
to delete references to the TRIM3
routing option under fee codes BY and
TV.
Exchange Rule 11.13(b)(3)(G) includes
the TRIM3 routing option as one of the
routing options under which an order
checks the System 5 for available shares
if so instructed by the entering User 6
and then is sent to destinations on the
applicable System routing table. The
term ‘‘System routing table’’ refers to the
proprietary process for determining the
specific trading venues to which the
System routes orders and the order in
which it routes them.7 Orders routed
pursuant to the TRIM3 routing option
are only sent to NASDAQ BX, BYX
Exchange, Inc. (‘‘BYX’’), and certain
alternative trading systems available
through the Exchange’s DRT routing
option (‘‘DRT Venues’’).8
5 The ‘‘System’’ is the Exchange’s 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. See Exchange Rule
1.5(aa).
6 The term ‘‘User’’ is defined as ‘‘any Member or
Sponsored Participant who is authorized to obtain
access to the System pursuant to Rule 11.3.’’ See
Exchange Rule 1.5(cc).
7 See Exchange Rule 11.13(b)(3). The Exchange
reserves the right to maintain a different System
routing table for different routing options and to
modify the System routing table at any time without
notice. Id.
8 DRT is a routing option in which the entering
firm instructs the System to route to alternative
trading systems included in the System routing
table. Unless otherwise specified, DRT can be
combined with and function consistent with all
other routing options. See Exchange Rule
11.13(b)(3)(D). See also Securities Exchange Act
Release No. 66324 (February 6, 2012), 77 FR 7642
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Jkt 238001
Fee code BY is yielded on orders
routed to BYX using Destination
Specific, TRIM, TRIM2, TRIM3 or SLIM
routing strategy. Orders that yield fee
code BY receive a rebate of $0.0015 per
share. Fee Code TV is yielded on orders
routed to NASDAQ BX LLC using TRIM,
TRIM2 or TRIM3 routing strategy.
Orders that yield fee code TV receive a
rebate of $0.0010 per share.
Because few Users elect the TRIM3
routing option, the Exchange has
determined that the current demand
does not warrant the infrastructure and
ongoing maintenance expenses required
to support the product. Therefore, the
Exchange proposes to delete reference to
the TRIM3 routing option under Rule
11.13(b)(3)(G). The Exchange also
proposes to amend its fee schedule to
delete references to the TRIM3 routing
option under fee codes BY and TV.
Users seeking to route to BYX, NASDAQ
BX, or DRT venues may use alternative
methods, such as connecting to those
exchanges directly or through a third
party service provider, or electing
another routing option offered by the
Exchange that enables a User to post an
order to certain primary listing
markets.9
In connection with the deletion of the
TRIM3 routing option, the Exchange
also proposes to amend Rule
11.13(b)(3)(G) to update a numerical
reference to the SLIM routing option.
Exchange Rule 11.13(b)(3)(G) currently
states that in connection with SLIM
routing option, currently listed as
subsection (vii) of the Rule, a User may
designate that an order first routes to
BYX, checks the System for available
shares, and then routes to other
destinations on the System routing
table. Upon deletion of the TRIM3
routing option, the SLIM routing option
will be renumbered as section (vi) and
the Exchange proposes to update Rule
11.13(b)(3)(G) accordingly.
The Exchange intends to implement
the proposed rule change on May 6,
2016.10
2. Statutory Basis
The Exchange believes that its
proposal is consistent with section 6(b)
of the Act 11 in general, and furthers the
(February 13, 2012) (SR–BATS–2012–007)
(adopting the TRIM3 routing option).
9 See e.g., Rule 11.13(b)(3)(E) (describing the
Destination Specific routing option under which an
order checks the System for available shares and
then is sent to an away trading center or centers
specified by the User).
10 See Bats to Decommission ICMT, IOCM, and
TRIM3 Routing Strategies, issued April 18, 2016,
available at https://cdn.batstrading.com/resources/
release_notes/2016/Bats-to-Decommission-ICMTIOCM-and-TRIM3-Routing-Strategies.pdf.
11 15 U.S.C. 78f(b).
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Fmt 4703
Sfmt 4703
objectives of section 6(b)(5) of the Act 12
in particular, in that it is designed 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 Exchange does not believe that
this proposal will permit unfair
discrimination among customers,
brokers, or dealers because the TRIM3
routing option will no longer be
available to all Users. The Exchange has
few Users electing the TRIM3 routing
option and has determined that the
current demand does not warrant the
infrastructure and ongoing maintenance
expense required to support the
product. Routing through the Exchange
is voluntary and alternative routing
options offered by the Exchange as well
as other methods remain available to
Users that wish to route to BYX,
NASDAQ BX, or DRT venues.13 In
addition, the TRIM3 routing option is
not core product offering by the
Exchange, nor is the Exchange required
by the Act to offer such product.
Therefore, the Exchange believes the
proposed rule change would make its
rules clearer and less confusing for
investors by removing a routing option
that will no longer be offered by the
Exchange; thereby removing
impediments to and perfecting the
mechanism of a free and open market
and a national market system, and, in
general, protecting investors and the
public interest.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposal will impose any burden on
competition 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 avoid
investor confusion by eliminating the
TRIM3 routing option that is to be
discontinued by 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.
12 15
U.S.C. 78f(b)(5).
supra note 9 and accompanying text.
13 See
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Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / 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 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 Act14 and Rule 19b–
4(f)(6) thereunder.15
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 16 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 17
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 states that waiver
of the 30-day operative delay would
allow the Exchange to modify its rules
in a timely manner by: (i) Eliminating a
rule that accounts for services with few
subscribers that the Exchange intends to
discontinue; and (ii) accurately
describing the alternative routing
options available to Users, thereby
avoiding potential investor confusion
during the operative delay period. Based
on the foregoing, the Commission
believes the waiver of the operative
delay is consistent with the protection
of investors and the public interest.
Therefore, the Commission hereby
waives the operative delay and
designates the proposal operative upon
filing.18
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
14 15
U.S.C. 78s(b)(3)(A).
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, or such
shorter time as designated by the Commission.
16 17 CFR 240.19b–4(f)(6).
17 17 CFR 240.19b–4(f)(6)(iii).
18 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
asabaliauskas on DSK3SPTVN1PROD with NOTICES
15 17
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18:48 May 13, 2016
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30375
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Robert W. Errett,
Deputy Secretary.
IV. Solicitation of Comments
[FR Doc. 2016–11408 Filed 5–13–16; 8:45 am]
BILLING CODE 8011–01–P
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 No. SR–
BatsBZX–2016–13 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–BatsBZX–2016–13. 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 No. SR–BatsBZX–
2016–13, and should be submitted on or
before June 6, 2016.
PO 00000
Frm 00139
Fmt 4703
Sfmt 4703
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–77791; File No. SR–
BatsEDGX–2016–14]
Self-Regulatory Organizations; Bats
EDGX Exchange, Inc. f/k/a EDGX
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Adopt Exchange Rule
11.22(a) To Implement the Quoting and
Trading Provisions of the Regulation
NMS Plan To Implement a Tick Size
Pilot Program
May 10, 2016.
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 May 2,
2016, Bats EDGX Exchange, Inc. f/k/a
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 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
adopt Exchange Rule 11.22(a) to
implement the quoting and trading
provisions of the Regulation NMS Plan
To Implement a Tick Size Pilot Program
(‘‘Plan’’). The proposed rule change is
substantially similar to a proposed rule
change approved by the Commission by
the Bats BZX Exchange, Inc. f/k/a BATS
Exchange, Inc. (‘‘BZX’’) to adopt BZX
Rule 11.27(a) which also implemented
19 17
CFR 200.30–3(a)(12).
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).
1 15
E:\FR\FM\16MYN1.SGM
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Agencies
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Notices]
[Pages 30373-30375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11408]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-77797; File No. SR-BatsBZX-2016-13]
Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule
11.13, Order Execution and Routing, To Delete References to the TRIM3
Routing Option
May 10, 2016.
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 May 2, 2016, 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 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.
---------------------------------------------------------------------------
\14\ 17 CFR 200.30-3(a)(12).
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A).
\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 amend Rule 11.13, Order Execution
and Routing, to delete references to the TRIM3 routing option. The
Exchange also proposes to amend its fee schedule to delete references
to the TRIM3 routing option under fee codes BY and TV.
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.
[[Page 30374]]
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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend Rule 11.13, Order Execution and
Routing, to delete references to the TRIM3 routing option. The Exchange
also proposes to amend its fee schedule to delete references to the
TRIM3 routing option under fee codes BY and TV.
Exchange Rule 11.13(b)(3)(G) includes the TRIM3 routing option as
one of the routing options under which an order checks the System \5\
for available shares if so instructed by the entering User \6\ and then
is sent to destinations on the applicable System routing table. The
term ``System routing table'' refers to the proprietary process for
determining the specific trading venues to which the System routes
orders and the order in which it routes them.\7\ Orders routed pursuant
to the TRIM3 routing option are only sent to NASDAQ BX, BYX Exchange,
Inc. (``BYX''), and certain alternative trading systems available
through the Exchange's DRT routing option (``DRT Venues'').\8\
---------------------------------------------------------------------------
\5\ The ``System'' is the Exchange's 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. See Exchange Rule 1.5(aa).
\6\ The term ``User'' is defined as ``any Member or Sponsored
Participant who is authorized to obtain access to the System
pursuant to Rule 11.3.'' See Exchange Rule 1.5(cc).
\7\ See Exchange Rule 11.13(b)(3). The Exchange reserves the
right to maintain a different System routing table for different
routing options and to modify the System routing table at any time
without notice. Id.
\8\ DRT is a routing option in which the entering firm instructs
the System to route to alternative trading systems included in the
System routing table. Unless otherwise specified, DRT can be
combined with and function consistent with all other routing
options. See Exchange Rule 11.13(b)(3)(D). See also Securities
Exchange Act Release No. 66324 (February 6, 2012), 77 FR 7642
(February 13, 2012) (SR-BATS-2012-007) (adopting the TRIM3 routing
option).
---------------------------------------------------------------------------
Fee code BY is yielded on orders routed to BYX using Destination
Specific, TRIM, TRIM2, TRIM3 or SLIM routing strategy. Orders that
yield fee code BY receive a rebate of $0.0015 per share. Fee Code TV is
yielded on orders routed to NASDAQ BX LLC using TRIM, TRIM2 or TRIM3
routing strategy. Orders that yield fee code TV receive a rebate of
$0.0010 per share.
Because few Users elect the TRIM3 routing option, the Exchange has
determined that the current demand does not warrant the infrastructure
and ongoing maintenance expenses required to support the product.
Therefore, the Exchange proposes to delete reference to the TRIM3
routing option under Rule 11.13(b)(3)(G). The Exchange also proposes to
amend its fee schedule to delete references to the TRIM3 routing option
under fee codes BY and TV. Users seeking to route to BYX, NASDAQ BX, or
DRT venues may use alternative methods, such as connecting to those
exchanges directly or through a third party service provider, or
electing another routing option offered by the Exchange that enables a
User to post an order to certain primary listing markets.\9\
---------------------------------------------------------------------------
\9\ See e.g., Rule 11.13(b)(3)(E) (describing the Destination
Specific routing option under which an order checks the System for
available shares and then is sent to an away trading center or
centers specified by the User).
---------------------------------------------------------------------------
In connection with the deletion of the TRIM3 routing option, the
Exchange also proposes to amend Rule 11.13(b)(3)(G) to update a
numerical reference to the SLIM routing option. Exchange Rule
11.13(b)(3)(G) currently states that in connection with SLIM routing
option, currently listed as subsection (vii) of the Rule, a User may
designate that an order first routes to BYX, checks the System for
available shares, and then routes to other destinations on the System
routing table. Upon deletion of the TRIM3 routing option, the SLIM
routing option will be renumbered as section (vi) and the Exchange
proposes to update Rule 11.13(b)(3)(G) accordingly.
The Exchange intends to implement the proposed rule change on May
6, 2016.\10\
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\10\ See Bats to Decommission ICMT, IOCM, and TRIM3 Routing
Strategies, issued April 18, 2016, available at https://cdn.batstrading.com/resources/release_notes/2016/Bats-to-Decommission-ICMT-IOCM-and-TRIM3-Routing-Strategies.pdf.
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2. Statutory Basis
The Exchange believes that its proposal is consistent with section
6(b) of the Act \11\ in general, and furthers the objectives of section
6(b)(5) of the Act \12\ in particular, in that it is designed 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.
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\11\ 15 U.S.C. 78f(b).
\12\ 15 U.S.C. 78f(b)(5).
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The Exchange does not believe that this proposal will permit unfair
discrimination among customers, brokers, or dealers because the TRIM3
routing option will no longer be available to all Users. The Exchange
has few Users electing the TRIM3 routing option and has determined that
the current demand does not warrant the infrastructure and ongoing
maintenance expense required to support the product. Routing through
the Exchange is voluntary and alternative routing options offered by
the Exchange as well as other methods remain available to Users that
wish to route to BYX, NASDAQ BX, or DRT venues.\13\ In addition, the
TRIM3 routing option is not core product offering by the Exchange, nor
is the Exchange required by the Act to offer such product. Therefore,
the Exchange believes the proposed rule change would make its rules
clearer and less confusing for investors by removing a routing option
that will no longer be offered by the Exchange; thereby removing
impediments to and perfecting the mechanism of a free and open market
and a national market system, and, in general, protecting investors and
the public interest.
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\13\ See supra note 9 and accompanying text.
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposal will impose any
burden on competition 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 avoid investor confusion by
eliminating the TRIM3 routing option that is to be discontinued by 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.
[[Page 30375]]
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 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\14\ and Rule 19b-4(f)(6) thereunder.\15\
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\14\ 15 U.S.C. 78s(b)(3)(A).
\15\ 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, or such shorter time as designated by the Commission.
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A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \16\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \17\ 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
states that waiver of the 30-day operative delay would allow the
Exchange to modify its rules in a timely manner by: (i) Eliminating a
rule that accounts for services with few subscribers that the Exchange
intends to discontinue; and (ii) accurately describing the alternative
routing options available to Users, thereby avoiding potential investor
confusion during the operative delay period. Based on the foregoing,
the Commission believes the waiver of the operative delay is consistent
with the protection of investors and the public interest. Therefore,
the Commission hereby waives the operative delay and designates the
proposal operative upon filing.\18\
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\16\ 17 CFR 240.19b-4(f)(6).
\17\ 17 CFR 240.19b-4(f)(6)(iii).
\18\ For purposes only of waiving the 30-day operative delay,
the Commission has also 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 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 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
Send an email to rule-comments@sec.gov. Please include
File No. SR-BatsBZX-2016-13 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-BatsBZX-2016-13. 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 No. SR-BatsBZX-2016-13, and should be
submitted on or before June 6, 2016.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
Robert W. Errett,
Deputy Secretary.
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\19\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2016-11408 Filed 5-13-16; 8:45 am]
BILLING CODE 8011-01-P