Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 11.13 of Bats EDGX Exchange, Inc. To Authorize the Exchange To Share a User's Risk Settings With the Clearing Firm That Clears Transactions on Behalf of the User, 22027-22030 [2017-09523]
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Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.21
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–09528 Filed 5–10–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE., Washington, DC
20549–2736.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Extension:
‘‘Investor Form’’, SEC File No. 270–485,
OMB Control No. 3235–0547.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request to approve the
collection of information discussed
below.
Each year the Commission receives
several thousand contacts from
investors who have complaints or
questions on a wide range of
investment-related issues. To make it
easier for the public to contact the
agency electronically, the Commission’s
Office of Investor Education and
Advocacy (‘‘OIEA’’) created an
electronic form (the Investor Form) that
provides drop down options to choose
from in order to categorize the investor’s
complaint or question, and may also
provide the investor with automated
information about their issue. The
Investor Form asks investors to provide
information concerning, among other
things, their names, how they can be
reached, the names of the individuals or
entities involved, the nature of their
complaint or tip, what documents they
can provide, and what, if any, actions
they have taken. Use of the Investor
Form is voluntary. Absent the forms, the
public still has several ways to contact
the agency, including telephone,
facsimile, letters, and email. Investors
can access the Investor Form through
the consolidated Investor Complaint
and Question Web page.
The dual purpose of the Investor
Form is to make it easier for the public
to contact the agency with complaints,
questions, tips, or other feedback and to
streamline the workflow of Commission
staff that record, process, and respond to
investor contacts. Investors who submit
complaints, ask questions, or provide
tips do so voluntarily. Although the
Investor Form provides a structured
format for incoming investor
correspondence, the Commission does
not require that investors use any
particular form or format when
contacting the agency. Investors who
choose not to use the Investor Form will
receive the same level of service as
those who do.
OIEA receives approximately 20,000
contacts each year through the Investor
Form. Investors who choose not to use
the Investor Form receive the same level
of service as those who do. The
Commission uses the information that
investors supply on the Investor Form to
review and process the contact (which
may, in turn, involve responding to
questions, processing complaints, or, as
appropriate, initiating enforcement
investigations), to maintain a record of
contacts, to track the volume of investor
complaints, and to analyze trends.
The staff of the Commission estimates
that the total reporting burden for using
the Investor Form is 5,000 hours. The
calculation of this estimate depends on
the number of investors who use the
forms each year and the estimated time
it takes to complete the forms: 20,000
respondents × 15 minutes = 5,000
burden hours.
Members of the public should be
aware that an agency may not conduct
or sponsor, and a person is not required
to respond to, a collection of
information unless a currently valid
OMB control number is displayed.
Background documentation for this
information collection may be viewed at
the following link, https://
www.reginfo.gov. General comments
regarding the above information should
be directed to the following persons: (i)
Desk Officer for the Securities and
Exchange Commission, Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Room 10102, New Executive Office
Building, Washington, DC 20503 or
send an email to: Shagufta_Ahmed@
omb.eop.gov; and (ii) Pamela C. Dyson,
Director/Chief Information Officer,
Securities and Exchange Commission,
c/o Remi Pavlik-Simon, 100 F St NE.,
Washington DC, 20549; or send an email
to: PRA_Mailbox@sec.gov. Comments
must be submitted to OMB within 30
days of this notice.
Dated: May 5, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–09582 Filed 5–10–17; 8:45 am]
21 17
CFR 200.30–3(a)(12).
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22027
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–80607; File No. SR–
BatsEDGX–2017–16]
Self-Regulatory Organizations; Bats
EDGX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change to Rule 11.13 of
Bats EDGX Exchange, Inc. To
Authorize the Exchange To Share a
User’s Risk Settings With the Clearing
Firm That Clears Transactions on
Behalf of the User
May 5, 2017.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 24,
2017, Bats 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) 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, Clearance and
Settlement; Anonymity, to authorize the
Exchange to share a User’s 5 risk settings
with the clearing firm that clears
transactions on behalf of the User.
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
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6).
5 A 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(ee).
2 17
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22028
Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices
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 is proposing to update
Rule 11.13, Clearance and Settlement;
Anonymity, to authorize the Exchange
to share any of the User’s risk settings
with the clearing firm that clears
transactions on behalf of the User.
Current Exchange Rule 11.13 requires
that all transactions passing through the
facilities of the Exchange shall be
cleared and settled through a registered
clearing agency using a continuous net
settlement system. This requirement
may be satisfied by direct participation,
use of direct clearing services, or by
entry into a correspondent clearing
arrangement with another Member that
clears trades through such an agency (a
‘‘Clearing Member’’ for purposes of this
filing).
Thus, while not all Members are
Clearing Members, all Members are
required to either clear their own
transactions or to have in place a
relationship with a Clearing Member’s
that has agreed to clear transactions on
their behalf (or on behalf of any
Sponsored Participants 6 for which the
Member is a Sponsoring Member 7) in
order to conduct business on the
Exchange. Each Member that transacts
through a Clearing Member on the
Exchange is required to execute a Letter
of Guarantee which codifies the
relationship between the Member and
the Clearing Member as it relates to the
Exchange, and provides the Exchange
with notice of which Clearing Members
have relationships with which
Members. Because the Clearing Member
that guarantees the Member’s
transactions on the Exchange has a
6 A Sponsored Participant is defined as ‘‘a person
which has entered into a sponsorship arrangement
with a Sponsoring Member pursuant to Rule 11.3.’’
See Exchange Rule 1.5(z).
7 A Sponsoring Member is defined as ‘‘a brokerdealer that has been issued a membership by the
Exchange who has been designated by a Sponsored
Participant to execute, clear and settle transactions
resulting from the System. The Sponsoring Member
shall be either (i) a clearing firm with membership
in a clearing agency registered with the Commission
that maintains facilities through which transactions
may be cleared or (ii) a correspondent firm with a
clearing arrangement with any such clearing firm.’’
See Exchange Rule 1.5(aa).
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16:52 May 10, 2017
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financial interest in understanding the
risk settings utilized within the System 8
by the Member, the Exchange is
proposing to amend Rule 11.13 to
authorize the Exchange to share any of
the User’s risk settings (as described
below) with the Clearing Member that
clears transactions on behalf of the User.
The proposal would provide the
Exchange with authority to directly
provide Clearing Members with
information that would otherwise be
available to such Clearing Members by
virtue of their relationship with the
respective Users (i.e., such Clearing
Members could instead require each
User to provide such information as a
condition to continuing to clear
transactions for such Users). At this
time, the Exchange offers a variety of
risk settings related to the size of an
order (e.g., maximum notional value per
order and maximum shares per order),
the order type (e.g., pre-market, postmarket, short sales and ISOs), restricted
securities, easy to borrow securities, and
order cut-off (e.g., block new orders and
cancel all open orders).9 The Exchange
proposes to codify these risk settings in
proposed Interpretation and Policy .01
to Rule 11.10, as further described
below, and to reference such
Interpretation and Policy in proposed
paragraph (f) of Rule 11.13.
Proposed Interpretation and Policy
.01 to Rule 11.10 would state that the
risk settings currently offered by the
Exchange include:
D Controls related to the size of an
order (including restrictions on the
maximum notional value per order and
maximum shares per order);
D controls related to the price of an
order (including percentage-based and
dollar-based controls);
D controls related to the order types or
modifiers that can be utilized (including
pre-market, post-market, short sales,
ISOs and Directed ISOs);
D controls to restrict the types of
securities transacted (including
restricted securities and easy to borrow
securities as well as restricting activity
to test symbols only);
D controls to prohibit duplicative
orders;
D controls to restrict the overall rate of
orders; and
8 System is defined as ‘‘the electronic
communications and trading facility designated by
the Board through which securities orders of Users
are consolidated for ranking, execution and, when
applicable, routing away.’’ See Exchange Rule
1.5(cc).
9 Securities Exchange Act Release No. 67266
(June 26, 2012), 77 FR 39300 (July 2, 2012) (SR–
EDGX–2012–21) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change Relating to
New Market Access Risk Management Service).
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D controls related to the size of an
order as compared to the average daily
volume of the security (including the
ability to specify the minimum average
daily volume of the securities for which
such controls will be activated); and
D credit controls measuring both gross
and net exposure that warn when
approached and, when breached,
prevent submission of either all new
orders or Market Orders only.
In addition to these controls, the
Exchange proposes to codify in
proposed Interpretation and Policy .01
other risk functionality that: (i) Permits
Users to block new orders submitted, to
cancel all open orders, or to both block
new orders and cancel all open orders;
and (ii) that automatically cancels a
User’s orders to the extent the User loses
its connection to the Exchange. As set
forth above, the proposal to authorize
the Exchange to share any of the User’s
risk settings with the Clearing Member
that clears transactions on behalf of the
User would be limited to the risk
settings specified in Rule 11.10,
Interpretation and Policy .01. The
Exchange notes that the use by a User
of the risk settings offered by the
Exchange is optional.10 By using these
optional risk settings, following this
proposed rule change a User therefore
also opts-in to the Exchange sharing its
designated risk settings with its Clearing
Member. The Exchange also notes that
any Member that does not wish to share
its designated risk settings with its
Clearing Member could avoid sharing
such settings by becoming a Clearing
Member.
The Exchange believes that its
proposal to share a User’s risk settings
directly with Clearing Members reduces
the administrative burden on
participants on the Exchange, including
both Clearing Members and Users, and
ensures that Clearing Members are
receiving information that is up to date
and conforms to the settings active in
the System. Further, the Exchange
believes that the proposal will help such
Clearing Members to better monitor and
manage the potential risks that they
assume when clearing for Users of the
Exchange.
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
10 The Exchange does set a maximum allowable
order rate threshold in order to ensure the integrity
of the System. A User may optionally set a more
restrictive order rate threshold but cannot override
the Exchange’s maximum threshold.
E:\FR\FM\11MYN1.SGM
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Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices
requirements of Section 6(b) of the
Act.11 In particular, the proposal is
consistent with Section 6(b)(5) of the
Act 12 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.
As set forth above, the proposed
change to Rule 11.13 will allow the
Exchange to directly provide a
Member’s designated risk settings to the
Clearing Member that clears trades on
behalf of the Member. Because a
Clearing Member that executes a
clearing Letter of Guarantee on behalf of
a Member guarantees all transactions of
that Member, and therefore bears the
risk associated with those transactions,
the Exchange believes that it is
appropriate for the Clearing Member to
have knowledge of what risk settings the
Member may utilize within the System.
The proposal will permit Clearing
Members who have a financial interest
in the risk settings of Members with
whom the Clearing Participant has
entered into a Letter of Guarantee to
better monitor and manage the potential
risks assumed by Clearing Members,
thereby providing Clearing Members
with greater control and flexibility over
setting their own risk tolerance and
exposure and aiding Clearing Members
in complying with the Act. To the
extent a Clearing Member might
reasonably require a Member to provide
access to its risk setting as a prerequisite
to continuing to clear trades on the
Member’s behalf, the Exchange’s
proposal to share those risk settings
directly reduces the administrative
burden on participants on the Exchange,
including both Clearing Members and
Users. The proposal also ensures that
Clearing Members are receiving
information that is up to date and
conforms to the settings active in the
System. The Exchange believes that the
proposal is consistent with the Act,
particularly Section 6(b)(5),13 because it
will foster cooperation and coordination
with persons engaged in facilitating
transactions in securities and more
generally, will protect investors and the
public interest, by reducing
administrative burden on both Clearing
Members and other Users and by
U.S.C. 78f(b).
12 15 U.S.C. 78f(b)(5).
13 15 U.S.C. 78f(b)(5).
16:52 May 10, 2017
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 and does
not pose an undue burden on nonClearing Members because, unlike
Clearing Members, non-Clearing
Members do not guarantee the execution
of a Member’s transactions on the
Exchange. The proposal is structured to
offer the same enhancement to all
Clearing Members, regardless of size,
and would not impose a competitive
burden on any Member. Any Member
that does not wish to share its
designated risk settings with its Clearing
14 See, e.g., Nasdaq Rules 6110 and 6120 relating
to the Nasdaq Risk Management Service.
15 See supra note 9.
16 15 U.S.C. 78f(b)(5).
11 15
VerDate Sep<11>2014
allowing Clearing Members to better
monitor their risk exposure.
The Exchange notes that the rule
change to adopt paragraph (f) to Rule
11.13 is based on and substantively
identical to Exchange Rule 21.17 and
Bats BZX Exchange (‘‘BZX’’) Rule 21.17,
each of which is applicable to options
participants. The Exchange also notes
that other equities exchanges offer
functionality that allows clearing firms
to not only directly monitor but also to
set certain risk settings in connection
with the activities of the firms for which
they clear.14
The Exchange further believes that
codifying the risk settings described
above in Interpretation and Policy .01 to
Rule 11.10 is consistent with the Act as
it will provide additional transparency
to Exchange Users regarding the
optional risk settings offered by the
Exchange. As noted above, these
settings have been described by the
Exchange in prior filings 15 and further
information regarding such settings is
available in technical specifications
made available by the Exchange.
However, the Exchange believes it is
appropriate to provide additional details
regarding these risk settings in Exchange
rules. As such, the Exchange believes
that the proposal is consistent with the
Act, particularly Section 6(b)(5),16
because it will foster cooperation and
coordination with persons engaged in
facilitating transactions in securities and
more generally, will protect investors
and the public interest, by providing
additional transparency regarding
optional risk settings offered by the
Exchange.
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22029
Member could avoid sharing such
settings by becoming a Clearing
Member.
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 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 17 and Rule 19b–
4(f)(6) thereunder.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
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 BatsEDGX–2017–16 on the subject
line.
17 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.
18 17
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Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices
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–BatsEDGX–2017–16. 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–BatsEDGX–
2017–16, and should be submitted on or
before June 1, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–09523 Filed 5–10–17; 8:45 am]
asabaliauskas on DSK3SPTVN1PROD with NOTICES
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–80608; File No. SR–
BatsEDGA–2017–07]
Self-Regulatory Organizations; Bats
EDGA Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change to Rule 11.13 of
Bats EDGA Exchange, Inc. To
Authorize the Exchange To Share a
User’s Risk Settings With the Clearing
Firm That Clears Transactions on
Behalf of the User
May 5, 2017.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 24,
2017, Bats EDGA Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGA’’) 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) 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, Clearance and
Settlement; Anonymity, to authorize the
Exchange to share a User’s 5 risk settings
with the clearing firm that clears
transactions on behalf of the User.
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
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6).
5 A 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(ee).
2 17
19 17
CFR 200.30–3(a)(12).
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16:52 May 10, 2017
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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 is proposing to update
Rule 11.13, Clearance and Settlement;
Anonymity, to authorize the Exchange
to share any of the User’s risk settings
with the clearing firm that clears
transactions on behalf of the User.
Current Exchange Rule 11.13 requires
that all transactions passing through the
facilities of the Exchange shall be
cleared and settled through a registered
clearing agency using a continuous net
settlement system. This requirement
may be satisfied by direct participation,
use of direct clearing services, or by
entry into a correspondent clearing
arrangement with another Member that
clears trades through such an agency (a
‘‘Clearing Member’’ for purposes of this
filing).
Thus, while not all Members are
Clearing Members, all Members are
required to either clear their own
transactions or to have in place a
relationship with a Clearing Member’s
that has agreed to clear transactions on
their behalf (or on behalf of any
Sponsored Participants 6 for which the
Member is a Sponsoring Member 7) in
order to conduct business on the
Exchange. Each Member that transacts
through a Clearing Member on the
Exchange is required to execute a Letter
of Guarantee which codifies the
relationship between the Member and
the Clearing Member as it relates to the
Exchange, and provides the Exchange
with notice of which Clearing Members
have relationships with which
Members. Because the Clearing Member
that guarantees the Member’s
transactions on the Exchange has a
6 A Sponsored Participant is defined as ‘‘a person
which has entered into a sponsorship arrangement
with a Sponsoring Member pursuant to Rule 11.3.’’
See Exchange Rule 1.5(z).
7 A Sponsoring Member is defined as ‘‘a brokerdealer that has been issued a membership by the
Exchange who has been designated by a Sponsored
Participant to execute, clear and settle transactions
resulting from the System. The Sponsoring Member
shall be either (i) a clearing firm with membership
in a clearing agency registered with the Commission
that maintains facilities through which transactions
may be cleared or (ii) a correspondent firm with a
clearing arrangement with any such clearing firm.’’
See Exchange Rule 1.5(aa).
E:\FR\FM\11MYN1.SGM
11MYN1
Agencies
[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Notices]
[Pages 22027-22030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09523]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-80607; File No. SR-BatsEDGX-2017-16]
Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule
11.13 of Bats EDGX Exchange, Inc. To Authorize the Exchange To Share a
User's Risk Settings With the Clearing Firm That Clears Transactions on
Behalf of the User
May 5, 2017.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 24, 2017, Bats 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) 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.
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\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).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange filed a proposal to amend Rule 11.13, Clearance and
Settlement; Anonymity, to authorize the Exchange to share a User's \5\
risk settings with the clearing firm that clears transactions on behalf
of the User.
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\5\ A 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(ee).
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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
[[Page 22028]]
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 is proposing to update Rule 11.13, Clearance and
Settlement; Anonymity, to authorize the Exchange to share any of the
User's risk settings with the clearing firm that clears transactions on
behalf of the User.
Current Exchange Rule 11.13 requires that all transactions passing
through the facilities of the Exchange shall be cleared and settled
through a registered clearing agency using a continuous net settlement
system. This requirement may be satisfied by direct participation, use
of direct clearing services, or by entry into a correspondent clearing
arrangement with another Member that clears trades through such an
agency (a ``Clearing Member'' for purposes of this filing).
Thus, while not all Members are Clearing Members, all Members are
required to either clear their own transactions or to have in place a
relationship with a Clearing Member's that has agreed to clear
transactions on their behalf (or on behalf of any Sponsored
Participants \6\ for which the Member is a Sponsoring Member \7\) in
order to conduct business on the Exchange. Each Member that transacts
through a Clearing Member on the Exchange is required to execute a
Letter of Guarantee which codifies the relationship between the Member
and the Clearing Member as it relates to the Exchange, and provides the
Exchange with notice of which Clearing Members have relationships with
which Members. Because the Clearing Member that guarantees the Member's
transactions on the Exchange has a financial interest in understanding
the risk settings utilized within the System \8\ by the Member, the
Exchange is proposing to amend Rule 11.13 to authorize the Exchange to
share any of the User's risk settings (as described below) with the
Clearing Member that clears transactions on behalf of the User. The
proposal would provide the Exchange with authority to directly provide
Clearing Members with information that would otherwise be available to
such Clearing Members by virtue of their relationship with the
respective Users (i.e., such Clearing Members could instead require
each User to provide such information as a condition to continuing to
clear transactions for such Users). At this time, the Exchange offers a
variety of risk settings related to the size of an order (e.g., maximum
notional value per order and maximum shares per order), the order type
(e.g., pre-market, post-market, short sales and ISOs), restricted
securities, easy to borrow securities, and order cut-off (e.g., block
new orders and cancel all open orders).\9\ The Exchange proposes to
codify these risk settings in proposed Interpretation and Policy .01 to
Rule 11.10, as further described below, and to reference such
Interpretation and Policy in proposed paragraph (f) of Rule 11.13.
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\6\ A Sponsored Participant is defined as ``a person which has
entered into a sponsorship arrangement with a Sponsoring Member
pursuant to Rule 11.3.'' See Exchange Rule 1.5(z).
\7\ A Sponsoring Member is defined as ``a broker-dealer that has
been issued a membership by the Exchange who has been designated by
a Sponsored Participant to execute, clear and settle transactions
resulting from the System. The Sponsoring Member shall be either (i)
a clearing firm with membership in a clearing agency registered with
the Commission that maintains facilities through which transactions
may be cleared or (ii) a correspondent firm with a clearing
arrangement with any such clearing firm.'' See Exchange Rule
1.5(aa).
\8\ System is defined as ``the electronic communications and
trading facility designated by the Board through which securities
orders of Users are consolidated for ranking, execution and, when
applicable, routing away.'' See Exchange Rule 1.5(cc).
\9\ Securities Exchange Act Release No. 67266 (June 26, 2012),
77 FR 39300 (July 2, 2012) (SR-EDGX-2012-21) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Relating to New
Market Access Risk Management Service).
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Proposed Interpretation and Policy .01 to Rule 11.10 would state
that the risk settings currently offered by the Exchange include:
[ssquf] Controls related to the size of an order (including
restrictions on the maximum notional value per order and maximum shares
per order);
[ssquf] controls related to the price of an order (including
percentage-based and dollar-based controls);
[ssquf] controls related to the order types or modifiers that can
be utilized (including pre-market, post-market, short sales, ISOs and
Directed ISOs);
[ssquf] controls to restrict the types of securities transacted
(including restricted securities and easy to borrow securities as well
as restricting activity to test symbols only);
[ssquf] controls to prohibit duplicative orders;
[ssquf] controls to restrict the overall rate of orders; and
[ssquf] controls related to the size of an order as compared to the
average daily volume of the security (including the ability to specify
the minimum average daily volume of the securities for which such
controls will be activated); and
[ssquf] credit controls measuring both gross and net exposure that
warn when approached and, when breached, prevent submission of either
all new orders or Market Orders only.
In addition to these controls, the Exchange proposes to codify in
proposed Interpretation and Policy .01 other risk functionality that:
(i) Permits Users to block new orders submitted, to cancel all open
orders, or to both block new orders and cancel all open orders; and
(ii) that automatically cancels a User's orders to the extent the User
loses its connection to the Exchange. As set forth above, the proposal
to authorize the Exchange to share any of the User's risk settings with
the Clearing Member that clears transactions on behalf of the User
would be limited to the risk settings specified in Rule 11.10,
Interpretation and Policy .01. The Exchange notes that the use by a
User of the risk settings offered by the Exchange is optional.\10\ By
using these optional risk settings, following this proposed rule change
a User therefore also opts-in to the Exchange sharing its designated
risk settings with its Clearing Member. The Exchange also notes that
any Member that does not wish to share its designated risk settings
with its Clearing Member could avoid sharing such settings by becoming
a Clearing Member.
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\10\ The Exchange does set a maximum allowable order rate
threshold in order to ensure the integrity of the System. A User may
optionally set a more restrictive order rate threshold but cannot
override the Exchange's maximum threshold.
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The Exchange believes that its proposal to share a User's risk
settings directly with Clearing Members reduces the administrative
burden on participants on the Exchange, including both Clearing Members
and Users, and ensures that Clearing Members are receiving information
that is up to date and conforms to the settings active in the System.
Further, the Exchange believes that the proposal will help such
Clearing Members to better monitor and manage the potential risks that
they assume when clearing for Users of the Exchange.
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
[[Page 22029]]
requirements of Section 6(b) of the Act.\11\ In particular, the
proposal is consistent with Section 6(b)(5) of the Act \12\ 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.
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\11\ 15 U.S.C. 78f(b).
\12\ 15 U.S.C. 78f(b)(5).
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As set forth above, the proposed change to Rule 11.13 will allow
the Exchange to directly provide a Member's designated risk settings to
the Clearing Member that clears trades on behalf of the Member. Because
a Clearing Member that executes a clearing Letter of Guarantee on
behalf of a Member guarantees all transactions of that Member, and
therefore bears the risk associated with those transactions, the
Exchange believes that it is appropriate for the Clearing Member to
have knowledge of what risk settings the Member may utilize within the
System. The proposal will permit Clearing Members who have a financial
interest in the risk settings of Members with whom the Clearing
Participant has entered into a Letter of Guarantee to better monitor
and manage the potential risks assumed by Clearing Members, thereby
providing Clearing Members with greater control and flexibility over
setting their own risk tolerance and exposure and aiding Clearing
Members in complying with the Act. To the extent a Clearing Member
might reasonably require a Member to provide access to its risk setting
as a prerequisite to continuing to clear trades on the Member's behalf,
the Exchange's proposal to share those risk settings directly reduces
the administrative burden on participants on the Exchange, including
both Clearing Members and Users. The proposal also ensures that
Clearing Members are receiving information that is up to date and
conforms to the settings active in the System. The Exchange believes
that the proposal is consistent with the Act, particularly Section
6(b)(5),\13\ because it will foster cooperation and coordination with
persons engaged in facilitating transactions in securities and more
generally, will protect investors and the public interest, by reducing
administrative burden on both Clearing Members and other Users and by
allowing Clearing Members to better monitor their risk exposure.
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\13\ 15 U.S.C. 78f(b)(5).
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The Exchange notes that the rule change to adopt paragraph (f) to
Rule 11.13 is based on and substantively identical to Exchange Rule
21.17 and Bats BZX Exchange (``BZX'') Rule 21.17, each of which is
applicable to options participants. The Exchange also notes that other
equities exchanges offer functionality that allows clearing firms to
not only directly monitor but also to set certain risk settings in
connection with the activities of the firms for which they clear.\14\
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\14\ See, e.g., Nasdaq Rules 6110 and 6120 relating to the
Nasdaq Risk Management Service.
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The Exchange further believes that codifying the risk settings
described above in Interpretation and Policy .01 to Rule 11.10 is
consistent with the Act as it will provide additional transparency to
Exchange Users regarding the optional risk settings offered by the
Exchange. As noted above, these settings have been described by the
Exchange in prior filings \15\ and further information regarding such
settings is available in technical specifications made available by the
Exchange. However, the Exchange believes it is appropriate to provide
additional details regarding these risk settings in Exchange rules. As
such, the Exchange believes that the proposal is consistent with the
Act, particularly Section 6(b)(5),\16\ because it will foster
cooperation and coordination with persons engaged in facilitating
transactions in securities and more generally, will protect investors
and the public interest, by providing additional transparency regarding
optional risk settings offered by the Exchange.
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\15\ See supra note 9.
\16\ 15 U.S.C. 78f(b)(5).
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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 and does not pose an
undue burden on non-Clearing Members because, unlike Clearing Members,
non-Clearing Members do not guarantee the execution of a Member's
transactions on the Exchange. The proposal is structured to offer the
same enhancement to all Clearing Members, regardless of size, and would
not impose a competitive burden on any Member. Any Member that does not
wish to share its designated risk settings with its Clearing Member
could avoid sharing such settings by becoming a Clearing Member.
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 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 \17\ and Rule 19b-4(f)(6) thereunder.\18\
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\17\ 15 U.S.C. 78s(b)(3)(A).
\18\ 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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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 BatsEDGX-2017-16 on the subject line.
[[Page 22030]]
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-BatsEDGX-2017-16. 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-BatsEDGX-2017-16, and should be
submitted on or before June 1, 2017.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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\19\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-09523 Filed 5-10-17; 8:45 am]
BILLING CODE 8011-01-P