[Federal Register Volume 79, Number 11 (Thursday, January 16, 2014)]
[Notices]
[Pages 2921-2922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00689]



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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71284; File No. SR-BATS-2014-002]


Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Extend 
the Applicability of the Competitive Liquidity Provider Program

January 10, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on January 3, 2014, BATS Exchange, Inc. (the ``Exchange'' or 
``BATS'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The 
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.
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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 Interpretation and Policy 
.02 to Rule 11.8, entitled ``Competitive Liquidity Provider Program.''
    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 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 purpose of this filing is to amend Interpretation and Policy 
.02 to Rule 11.8 in order to allow both corporate issues and ETPs \3\ 
listed on the Exchange (collectively, ``CLP Securities'') to 
participate in the CLP program (the ``Program'') for a maximum of three 
years instead of two years. Currently, a CLP Security is eligible to 
participate in the Program unless and until such CLP Security has: (i) 
Had a consolidated average daily volume (``CADV'') of equal to or 
greater than 2 million shares for two consecutive calendar months; or 
(ii) where the CLP Security has been subject to the Program for two 
years. The Exchange is proposing to extend the period during which a 
CLP Security is eligible for participation in the Program from two 
years to three years and to make the necessary corresponding changes so 
that a CLP Security will still be ineligible for participation in the 
Program where it has a CADV of equal to or greater than 2 million 
shares for two consecutive calendar months.
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    \3\ As defined in paragraph (d)(2) of Interpretation and Policy 
.02 to Rule 11.8, ETPs means any-Exchange listed security that is 
listed on the Exchange pursuant to Rule 14.11.
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    When the Program was first proposed,\4\ the Exchange did not want 
to allow CLP Securities to participate in the Program indefinitely and, 
thus, needed to create a threshold for CLP Securities at which point 
they would no longer be eligible for the Program. The Exchange decided 
to implement a two year limit on the basis that it was a reasonable 
length of time during which the Exchange could evaluate the Program and 
its listings program generally. Since the Program was implemented, the 
Program has been at least partly responsible for attracting and 
retaining the listing of certain CLP Securities on the Exchange and the 
Exchange believes that allowing CLP Securities to continue to 
participate in the Program is integral to continue to expand the 
listings program and to retain existing listings. As such, the Exchange 
is proposing to extend the maximum eligibility window for CLP 
Securities to three years from the date of the CLP Security has been 
subject to the Program. The Exchange is proposing that these changes 
apply both to newly listed CLP Securities and CLP Securities already 
listed on the Exchange, meaning that any CLP Securities currently 
listed on the Exchange will also be eligible for participation in the 
Program for an additional year.\5\
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    \4\ See Exchange Act Release No. 66307 (February 2, 2012), 77 FR 
6608 (February 8, 2012) (SR-BATS-2011-051).
    \5\ The first Exchange-listed securities began participating in 
the Program on February 9, 2012 and, under the current rules, would 
be ineligible for participation in the Program beginning on February 
9, 2014.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with the 
requirements of the Act and the rules and regulations thereunder that 
are applicable to a national securities exchange, and, in particular, 
with the requirements of Section 6(b) of the Act.\6\ Specifically, the 
proposal is consistent with Section 6(b)(5) of the Act \7\ because it 
would promote just and equitable principles of trade, and, in general, 
protect investors and the public interest. The Exchange believes that 
the proposal is not unfairly discriminatory because it is merely a 
continuation of the Program as it is implemented today and will apply 
equally to all participating CLP Securities and issuers. The Exchange 
believes that lengthening the period during which a CLP Security is 
eligible for the Program will continue to encourage the development of 
new financial products, provide a better trading environment for 
investors in Exchange-listed securities, and generally encourage 
greater competition between listing venues.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    The proposal is designed to maintain and further enhance the 
Exchange's competitiveness as a listing venue and its market quality 
for Exchange-listed securities. The Exchange believes that the proposed 
change will enhance market quality by extending the period of 
eligibility for CLP Securities to participate in the Program, which 
will further incent Exchange Market Makers to register as CLPs and 
quote in Exchange-listed securities, thus maintaining or improving the 
quality of quoting in Exchange-listed securities subject to the Program 
and helping to reduce imbalances in Exchange auctions. The Exchange 
also believes that the proposed change will further assist the Exchange 
in competing as a listing venue by providing an even longer window 
during which the Program is applied and competitive quoting is incented 
on the Exchange. Accordingly, the Exchange believes that the proposal 
will enhance the existing Program for CLP Securities subject to the 
Program, which will, in turn, provide issuers of CLP Securities with 
another option for raising capital in the public markets, thereby 
promoting the principles discussed in Section 6(b)(5) of the Act.\8\
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    \8\ 15 U.S.C. 78f(b)(5).
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition. 
The

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Exchange believes that the proposal will extend the period during which 
CLP Securities will be eligible to participate in the Program and which 
will enhance the result of the Program, thereby enhancing competition 
both among listing venues as well as among participants in the CLP 
Program.

(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, if consistent with 
the protection of investors and the public interest, the proposed rule 
change has become effective pursuant to Section 19(b)(3)(A) of the Act 
\9\ and Rule 19b-4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file 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. 
The Exchange has satisfied this requirement.
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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 proposal 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 email to [email protected]. Please include 
File No. SR-BATS-2014-002 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File No. SR-BATS-2014-002. 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 (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 changes between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File No. SR-BATS-2014-002 and should be 
submitted on or before February 6, 2014.

    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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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-00689 Filed 1-15-14; 8:45 am]
BILLING CODE 8011-01-P