[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Notices]
[Pages 35078-35079]
[FR Doc No: 2016-12780]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77918; File No. SR-BatsBYX-2016-10]

Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees

May 25, 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 16, 2016, Bats BYX Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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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 the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to BYX Rules
15.1(a) and (c) (``Fee Schedule'') to reinsert fee code PX, which was
inadvertently deleted in its entirety in an earlier proposed rule
change.
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    \5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
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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 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
    On May 5, 2016, the Exchange amended Rule 11.13, Order Execution
and Routing, to delete the IOCM and ICMT routing options.\6\ At that
time, the Exchange also amended its Fee Schedule to delete: (i)
References to the IOCM and ICMT routing options under footnote 8; and
(ii) fee code PX, which was yielded on orders routed to Bats EDGX
Exchange, Inc. (``EDGX'') to execute against MidPoint Peg Orders \7\ on
EDGX using ICMT or IOCM routing options. Fee code PX is also yielded on
orders routed using the RMPT routing option.\8\ In that filing, the
Exchange inadvertently deleted fee code PX in its entirety when fee
code PX should have only been amended to delete references to the IOCM
and ICMT routing options.
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    \6\ See Securities Exchange Act Release No. 77790 (May 10,
2016), 81 FR 30360 (May 16, 2016) (SR-BatsBYX-2016-06).
    \7\ See EDGX Rule 11.8(d).
    \8\ RMPT is a routing option under which a Mid-Point Peg Order
checks the System for available shares and any remaining shares are
then sent to destinations on the System routing table that support
midpoint eligible orders. If any shares remain unexecuted after
routing, they are posted on the BYX Book as a MidPoint Peg Order,
unless otherwise instructed by the User. See Exchange Rule
11.13(b)(3)(Q).
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    The Exchange now proposes to reinsert fee code PX, less the
references to the ICMT and IOCM routing options. The reinserted langue
would state that fee code PX is yielded on orders routing using the
RMPT routing option. Orders that yield fee code PX in securities priced
at or above $1.00 are charged a fee of $0.00120 per share and orders in
securities priced below $1.00 are changed a fee of 0.29% charge of the
order's total dollar value. The proposed rates for fee code PX are
identical to that which was included in the Fee Schedule prior to May
10, 2016.
    The Exchange proposes to implement the proposed rule change
immediately.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\9\ in general, and
furthers the objectives of Section 6(b)(4),\10\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. The Exchange believes that its proposed rates represent an
equitable allocation of reasonable dues, fees, and other charges among
Members and other persons using its facilities because it is designed
to reinsert fee code PX, which was inadvertently deleted in an earlier
rule filing. The Exchange does not believe that this change represents
a significant departure from previous pricing offered by the Exchange,
as fee code PX will continue to be yielded on orders that utilize the
RMPT routing option and will be charged the same rates as set forth in
the Fe Schedule prior to its mistaken deletion. Furthermore, the
Exchange notes that routing through the Exchange and utilizing fee code
PX is voluntary. Lastly, the Exchange also believes that the proposed
amendment is non-discriminatory because it applies uniformly to all
Members.
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    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    This proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. The Exchange does not believe the proposed rule change will
impose any burden on competition as it is simply designed to reinsert
fee code PX, which was that was inadvertently deleted in an earlier
rule filing.

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 \11\ and paragraph (f) of Rule 19b-4 thereunder.\12\ 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.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f).
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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 email to<EMAIL_ADDRESS>Please include
File No. SR-BatsBYX-2016-10 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-BatsBYX-2016-10. 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 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-BatsBYX-2016-10, and should be
submitted on or before June 22, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-12780 Filed 5-31-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Notices]
[Page 36308-36309]
[DOCID:fr22jy09-134]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Title 49, Code of Federal Regulations (CFR),
Sections 211.9 and 211.41, notice is hereby given that the Federal
Railroad Administration (FRA) has received a request for a waiver of
compliance with certain requirements of Federal railroad safety
regulations. The petition is described below, including the party
seeking relief, the regulatory provisions involved, the nature of the
relief being requested and the petitioner's arguments in favor of
relief.

Union Pacific Railroad Company

[Waiver Petition Docket Number FRA-2006-25862]

    On October 6, 2007, FRA granted the Union Pacific Railroad Company
(UP) a temporary conditional waiver from certain provisions of 49 CFR
part 240 (Qualification and Certification of Locomotive Engineers). The
regulatory relief was granted in connection with implementation of a
Close Call Reporting System (C3RS) Demonstration Pilot Project
involving UP's North Platt Service Unit. The C3RS Demonstration Pilot
Project is sponsored by FRA's Office of Research and Development and is
one of the action items included in FRA's Rail Safety Action Plan
initiated in 2006. Background documentation related to the existing
regulatory relief granted is available under Docket Number FRA-2006-
25862, available online at http://www.regulations.gov.
    In 2008, FRA amended 49 CFR part 218 (Railroad Operating Practices)
to include Subpart F pertaining to handling equipment, switches, and
fixed derails. In its current request, UP has asked that FRA amend the
existing waiver in this docket to provide relief from certain
provisions of Subpart F of Part 218. Specifically, for properly
reported close call events, UP requests relief from the requirements
of: 49 CFR 218.99(b)-(e), 218.101(b)-(c), 218.103(b)-(d), 218.105(b)-
(d), 218.107(b)-(c), and 218.109(b)-(c).
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2006-25862) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received within 15 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the

public docket are also available for inspection and copying on the
Internet at the docket facility's Web site at http://
www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC, on July 16, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-17317 Filed 7-21-09; 8:45 am]

BILLING CODE 4910-06-P