[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Notices]
[Pages 65393-65395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26677]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-63122; File No. SR-BATS-2010-028]
Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposal To Make Clean Up Changes
by Amending Certain Rules
October 18, 2010.
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 October 6, 2010, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission (the
``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.
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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)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange is proposing to amend BATS Rule 2.3 to clarify that a
broker or dealer must be a member of another national securities
exchange or association other than BATS Y-Exchange, Inc. (``BYX'') in
order to become or remain a Member of the Exchange, to remove the text
of Rule 2.4 because the waive-in period for the Exchange has expired,
and to make a technical correction to BATS Rule 14.5. The text of the
proposed rule change is available at the Exchange's Web site at http://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
[[Page 65394]]
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 proposes to amend BATS Rule 2.3 to clarify that a
broker or dealer be a member of another national securities exchange or
association other than or in addition to the Exchange's affiliate, BYX,
in order to become or remain a Member of the Exchange. The Exchange
also proposes to remove the text of BATS Rule 2.4 because the rule has
become obsolete as the period for submission of a waive-in membership
application has expired. Lastly, the Exchange proposes to make a
technical correction to BATS Rule 14.5(c) to replace a reference to
``Commodity-Based Trust Shares'' with ``Currency Trust Shares''.
Amend Rule 2.3 To Reflect Existence of BATS Y-Exchange
The Exchange requires all of its Members to be a member of at least
one other national securities association or national securities
exchange. The proposed change would make clear that this requirement is
not satisfied simply by joining the Exchange's affiliated exchange,
BYX. Rather, as the proposed language indicates, each Member that is a
registered broker or dealer must be a member of another registered
national securities exchange or association other than or in addition
to BYX.
Deletion of Obsolete Rule--BATS Rule 2.4
As approved by the Commission as part of the Exchange's Form 1
application, BATS Rules include provisions that permitted current or
former subscribers to the electronic communications network formerly
operated by BATS Trading, Inc. to apply to become a Member of the
Exchange by submitting a ``waive-in application'' within ninety (90)
days of approval of the Form 1 by the Commission. The Commission
approved the Exchange's Form 1 application on August 18, 2008, meaning
that waive-in membership applications must have been received by the
Exchange on or prior to November 16, 2008. Accordingly, BATS Rule 2.4
is obsolete, and thus, the Exchange proposes to delete such rule.
Correct Improper Term in BATS Rule 14.5(c)
Lastly, the Exchange proposes to correct language in BATS Rule
14.5(c) to replace an incorrect reference to ``Commodity-Based Trust
Shares'' with ``Currency Trust Shares''.
2. Statutory Basis
The rule change proposed in this submission 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.\5\ Specifically, the
Exchange believes that the proposed changes are consistent with Section
6(b)(5) of the Act,\6\ because they would promote just and equitable
principles of trade, remove impediments to, and perfect the mechanism
of, a free and open market and a national market system, and, in
general, protect investors and the public interest.
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\5\ 15 U.S.C. 78f(b).
\6\ 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 imposes
any burden on competition.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has neither solicited nor received written comments on
the proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6)(iii) thereunder.\8\
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\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f)(6).
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A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requests that the Commission waive
the 30-day operative delay, as specified in Rule 19b-4(f)(6)(iii),\9\
which would make the rule change effective and operative upon filing.
The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public
interest.\10\ Such waiver will result in immediate improvement to the
Exchange's rules by clarifying vague language, removing inoperative
language, and correcting a technical inaccuracy. The Commission
believes such improvements should be implemented immediately, rather
than delayed for 30 days. Additionally, the proposed rule change does
not raise any new regulatory issues. For these reasons, the Commission
designates the proposed rule change as operative upon filing.
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\9\ 17 CFR 240.19b-4(f)(6)(iii).
\10\ 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.
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 (http://www.sec.gov/rules/sro.shtml); or
Send an e-mail to [email protected]. Please include
File Number SR-BATS-2010-028 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-BATS-2010-028. This file
number should be included on the subject line if e-mail 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
[[Page 65395]]
Internet Web site (http://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 a.m. and 3
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-BATS-2010-028 and should be submitted on
or before November 12, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-26677 Filed 10-21-10; 8:45 am]
BILLING CODE 8011-01-P