Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Notices 7379 

1 17 CFR 200.30–3(a)(12). 

2 17 CFR 240.19b–4. 

3The 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). 

15, 2016. Members of the public may 

also register to provide oral comments 

within 15 minutes before the start of the 

meeting. Individual oral comments may 

be limited by the time available, 

depending on the number of persons 

who register. If special equipment or 

accommodations are needed to attend or 

present information at the public 

meeting, the need should be brought to 

Mr. Drucker’s attention no later than 

Tuesday, March 15, 2016, to provide the 

NRC staff adequate notice to determine 

whether the request can be 

accommodated. 

Dated at Rockville, Maryland, this 8 day of 

February, 2016 

For The Nuclear Regulatory Commission. 

James G. Danna, 

Chief, Environmental Review and Project 

Management Branch, Division of License 

Renewal, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2016–02785 Filed 2–10–16; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2016–0001] 

Sunshine Act Meeting 

DATE: February 8, 2016. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public. 

Week of February 8, 2016 

Tuesday, February 9, 2016 

11:00 a.m. Affirmation Session (Public 

Meeting) (Tentative) Nuclear 

Innovation North America, LLC 

(South Texas Project, Units 3 and 

4): Mandatory Hearing Decision 

(Tentative) 

The schedule for Commission 

meetings is subject to change on short 

notice. For more information or to verify 

the status of meetings, contact Denise 

McGovern at 301–415–0681 or via email 

at Denise.McGovern@nrc.gov. 

Additional Information 

By a vote of 4–0 on February 8, 2016, 

the Commission determined pursuant to 

U.S.C. 552b(e) and 9.107(a) of the 

Commission’s rules that both items in 

the above referenced Affirmation 

Session be held with less than one week 

notice to the public. The meeting is 

scheduled on February 9, 2016. 

The schedule for Commission 

meetings is subject to change on short 

notice. For more information or to verify 

the status of meetings, contact Denise 

McGovern at 301–415–0681 or via email 

at Denise.McGovern@nrc.gov. 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/public-involve/

public-meetings/schedule.html. 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g., 

Braille, large print), please notify 

Kimberly Meyer, NRC Disability 

Program Manager, at 301–287–0739, by 

videophone at 240–428–3217, or by 

email at Kimberly.Meyer-Chambers@

nrc.gov. Determinations on requests for 

reasonable accommodation will be 

made on a case-by-case basis. 

Members of the public may request to 

receive this information electronically. 

If you would like to be added to the 

distribution, please contact the Nuclear 

Regulatory Commission, Office of the 

Secretary, Washington, DC 20555 (301– 

415–1969), or email 

Brenda.Akstulewicz@nrc.gov or 

Patricia.Jimenez@nrc.gov. 

Dated: February 8, 2016. 

Glenn Ellmers, 

Policy Coordinator, Office of the Secretary. 

[FR Doc. 2016–02866 Filed 2–9–16; 11:15 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–77065; File No. SR–BATS– 

2016–15] 

Self-Regulatory Organizations; BATS 

Exchange, Inc.; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change Related to Fees for Use 

of BATS Exchange, Inc. 

February 5, 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 February 

4, 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, II and III 

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. 

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 3 and non-members of the 

Exchange pursuant to BATS Rules 

15.1(a) and (c) (‘‘Fee Schedule’’). The 

changes to the Fee Schedule pursuant to 

this proposal are effective upon filing. 

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 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend its 

Fee Schedule to: (i) Adopt a new tier 

under footnote 1 called the Market 

Depth Tier; (ii) eliminate from footnote 

2 Step-Up Tiers 1, 2, and 3 and rename 

Step-Up Tier 4 as ‘‘Step-Up Tier’’; and 

(iii) modify the tier-based incremental 

credits for Members that are Lead 

Market Makers (‘‘LMMs’’) for their 

orders that provide displayed liquidity 

in Tape B securities described under 

footnote 14. 

Proposed Market Maker Depth Tier 

Currently, the Exchange determines 

the liquidity adding rebate that it will 

provide to Members using the 

Exchange’s tiered pricing structure. 

Under such pricing structure, a Member 

will receive a rebate of anywhere 

between $0.0020 and $0.0034 per share 

executed, depending on the volume tier 

for which such Member qualifies. The 

Exchange proposes to adopt a new tier 

under footnote 1 titled the ‘‘Market 

mstockstill on DSK4VPTVN1PROD with NOTICES

7380 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Notices 

4As defined in the Exchange’s Fee Schedule. 

5 Id. 

6See Exchange Rule 11.9(c)(11). 

7As set forth in the Exchange’s Fee Schedule, fee 

code HA is attached to Non-Displayed Orders that 

add liquidity. 

8As set forth in the Exchange’s Fee Schedule, fee 

code HI is attached to Non-Displayed Orders that 

receives price improvement and add liquidity. 

9 Id. 

10 Id. 

11See Securities Exchange Act Release No. 72020 

(April 25, 2014), 79 FR 24807 (May 1, 2014) (SR– 

BATS–2014–015). 

12As defined in Rule 11.8(e)(1)(A), ETP means 

any security listed pursuant to Exchange Rule 

14.11. 

13See BATS Rule 11.5. 

14As defined in Rule 11.8(e)(1)(C), LMM Security 

means an ETP that has an LMM. 

15As defined in Rule 11.8(e)(1)(D), Minimum 

Performance Standards means a set of standards 

applicable to an LMM that may be determined from 

time to time by the Exchange. 

16The Exchange does not propose to amend the 

enhanced pricing available to LMMs under part (A) 

of footnote 14 of its Fee Schedule. 

17See Securities Exchange Act Release No. 76147 

(October 14, 2015), 80 FR 63621 (October 20, 2015) 

(SR–BATS–2015–89). 

18An LMM is a ‘‘Qualified LMM’’ in a security 

where it provides pricing for orders that add 

displayed liquidity in an LMM Security that meets 

the Minimum Performance Standards during the 

applicable billing month. 

19Where the LMM Credit plus the Normal Rebate 

is greater than the LMM Rebate, the Member will 

receive this higher rebate instead of the LMM 

Rebate, which is consistent with the treatment of all 

other fees and rebates, as provided in the General 

Note that states ‘‘to the extent a Member qualifies 

for higher rebates and/or lower fees than those 

provided by a tier for which such Member qualifies, 

the higher rebates and/or lower fees shall apply.’’ 

20The Exchange initially filed the proposed fee 

change on January 28, 2016 (SR–BATS–2016–11). 

On February 4, 2016, the Exchange withdrew SR– 

BATS–2016–11 and submitted this filing. 

21 15 U.S.C. 78f. 

Depth Tier’’. Under the Market Depth 

Tier, the Exchange is proposing to 

provide a rebate of $0.0032 per share to 

Members that add an ADV 4 of at least: 

(i) 1% of the TCV; 5 and (ii) 0.10% of the 

TCV as Non-Displayed Orders 6 that 

yield fee codes HA 7 or HI.8 As is the 

case with any other rebates on the Fee 

Schedule, to the extent that a Member 

qualifies for higher rebates than those 

provided under the proposed Market 

Depth Tier, the higher rebates shall 

apply. 

Amendments to Step-Up Tiers 

The Exchange also maintains 

additional Step-Up Tiers that provide 

Members with additional ways to 

qualify for enhanced rebates where they 

increase their liquidity each month over 

a predetermined baseline. The Exchange 

currently offers four Step-Up Tiers 

under footnote 2 of its Fee Schedule. 

Under Tier 1, a Member receives a 

rebate of $0.0025 per share when its 

Step-Up Add TCV from January 2014 is 

equal to or greater than 0.07%. Under 

Tier 2, a Member receives a rebate of 

$0.0029 per share when its Step-Up Add 

TCV from January 2014 is equal to or 

greater than 0.10%. Under Tier 3, a 

Member receives a rebate of $0.0030 per 

share when its Step-Up Add TCV from 

January 2014 is equal to or greater than 

0.15%. Lastly, under Tier 4, a Members 

[sic] receives a rebate of $0.0030 per 

share where their Step-Up Add TCV 9

from August 2015 is equal to or greater 

than 0.08%; and (2) Member’s ADAV 10

as a percentage of TCV is equal to or 

greater than 0.35%. 

The Exchange proposes to amend 

footnote 2 to eliminate Step-Up Tiers 1, 

2, and 3 and rename Step-Up Tier 4 as 

Step-Up Tier. The Exchange believes 

that Step-Up Tiers 1, 2, and 3 have 

successfully encouraged Members to 

increase their liquidity on the Exchange 

over a January 2014 baseline and that 

such tiers are no longer necessary. The 

Exchange notes that Step-Up Tier 4, 

which is to be renamed Step-Up Tier, 

provides a contemporary baseline of 

August 2015 by which Members may 

seek to increase their liquidity and 

receive a rebate of $0.0030 per share. In 

addition, deletion of Step-Up Tiers 1, 2, 

and 3 would help offset the cost 

incurred by offering a rebate of $0.0032 

per share under the proposed Market 

Depth Tier discussed above. 

LMM Credit Tiers for Tape B 

On April 17, 2014, the Exchange filed 

a proposal to adopt rules to create an 

LMM Program (the ‘‘Program’’) on an 

immediately effective basis.11 The 

Program is designed to strengthen 

market quality for BATS-listed 

Exchange Traded Products (‘‘ETPs’’) 12

by offering enhanced pricing to market 

makers registered with the Exchange 

(‘‘Market Makers’’) 13 that are also 

registered as an LMM in an LMM 

Security 14 and meet certain minimum 

quoting standards (‘‘Minimum 

Performance Standards’’).15 In October 

2015, the Exchange filed a proposed 

rule change with the Commission to 

adopt such enhanced pricing for LMMs 

under part (A) of footnote 14 of the Fee 

Schedule 16 and to adopt additional 

LMM credit tiers under part (B) of 

footnote 14, also on an immediately 

effective basis.17

As described above, the Exchange 

offers tier-based incremental credits to 

Members that are LMMs for their orders 

that provide displayed liquidity in Tape 

B securities pursuant to paragraph (B) of 

footnote 14 of the Fee Schedule. 

Specifically, Members that are LMMs 

for LMM Securities receive an 

additional rebate per share (an ‘‘LMM 

Credit’’) for orders that provide 

displayed liquidity in Tape B securities 

traded on the Exchange, including nonBATS-listed securities, except that such 

LMM Credits are not applied to the 

rebates provided to LMMs pursuant to 

part (A) of footnote 14 of the Fee 

Schedule (the ‘‘LMM Rebate’’). 

Currently, the LMM Credits and volume 

thresholds associated therewith are as 

follows: (i) An LMM Credit of $0.0001 

per share where an LMM is a Qualified 

LMM 18 in at least 50 ETPs; (ii) an LMM 

Credit of $0.0002 per share where an 

LMM is a Qualified LMM in at least 75 

ETPs; (iii) an LMM Credit of $0.0003 per 

share where an LMM is a Qualified 

LMM in at least 150 ETPs; and (iv) an 

LMM Credit of $0.0004 per share where 

an LMM is a Qualified LMM in at least 

250 ETPs. 

The Exchange now proposes to amend 

the LMM Credit Tiers under part (B) of 

footnote 14 to reduce the minimum 

number of ETPs for which an LMM 

must be a Qualified LMM in order to 

qualify for each tier as follows: (i) To 

receive an LMM Credit of $0.0001 per 

share, the number of ETPs for which the 

LMM is a Qualified LMM would be 

decreased from 50 to 25; (ii) to receive 

an LMM Credit of $0.0002 per share, the 

number of ETPs for which the LMM is 

a Qualified LMM would be decreased 

from 75 to 50; (iii) to receive an LMM 

Credit of $0.0003 per share, the number 

of ETPs for which the LMM is a 

Qualified LMM would be decreased 

from 150 to 75; and (iv) to receive an 

LMM Credit of $0.0004 per share, the 

number of ETPs for which the LMM is 

a Qualified LMM would be decreased 

from 250 to 125. 

For example, a Member that is a 

Qualified LMM in 100 ETPs is currently 

eligible to receive an LMM Credit of 

$0.0002 per share in Tape B securities 

for which it is not a Qualified LMM, in 

addition to the rebate it would normally 

receive in accordance with the 

Exchange’s Fee Schedule (‘‘Normal 

Rebate’’). As proposed, however, the 

Member would instead receive an LMM 

Credit of $0.0003 per share in Tape B 

securities for which it is not a Qualified 

LMM in addition to the Normal 

Rebate.19

Implementation Date 

The Exchange proposes to implement 

these amendments to its Fee Schedule 

immediately.20

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the objectives of Section 6 of the Act,21

in general, and furthers the objectives of 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Notices 7381 

22 15 U.S.C. 78f(b)(4). 

23See Exchange Rule 1.5(e). 24 15 U.S.C. 78f(b)(4). 

Section 6(b)(4),22 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 also notes that it operates in 

a highly-competitive market in which 

market participants can readily direct 

order flow to competing venues if they 

deem fee levels at a particular venue to 

be excessive. The proposed rule change 

reflects a competitive pricing structure 

designed to incent market participants 

to direct their order flow to the 

Exchange. The Exchange believes that 

the proposed tier is equitable and nondiscriminatory in it would apply 

uniformly to all Members. The 

Exchange believes the rates remain 

competitive with those charged by other 

venues and, therefore, reasonable and 

equitably allocated to Members. 

Volume-based rebates such as that 

proposed herein have been widely 

adopted by equities and options 

exchanges and are equitable because 

they are open to all Members on an 

equal basis and provide additional 

benefits or discounts that are reasonably 

related to: (i) The value to an exchange’s 

market quality; (ii) associated higher 

levels of market activity, such as higher 

levels of liquidity provision and/or 

growth patterns; and (iii) introduction of 

higher volumes of orders into the price 

and volume discovery processes. The 

Exchange believes that the proposed tier 

is a reasonable, fair and equitable, and 

not unfairly discriminatory allocation of 

fees and rebates because they will 

provide Members with an additional 

incentive to reach certain thresholds on 

the Exchange. 

In particular, the Exchange believes 

the addition of the Market Depth Tier is 

a reasonable means to encourage 

Members to increase their liquidity on 

the Exchange. The Exchange further 

believes that the proposed Market Depth 

Tier represents an equitable allocation 

of reasonable dues, fees, and other 

charges because the thresholds 

necessary to achieve the tier encourages 

Members to add displayed liquidity to 

the BATS Book 23 each month, as only 

the displayed liquidity in this tier is 

awarded the rebate of $0.0032 per share. 

This tier also recognizes the 

contribution that non-displayed 

liquidity provides to the marketplace, 

including: (i) Adding needed depth to 

the Exchange market; (ii) providing 

price support/depth of liquidity; and 

(iii) increasing diversity of liquidity to 

the Exchange. 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. 

Proposed Market Maker Depth Tier 

The Exchange also notes that the 

criteria and rebate under the Market 

Depth Tier is equitable and reasonable 

as compared to other tiers offered by the 

Exchange. For example, under footnote 

1 a Member may receive a rebate of 

$0.0030 per share under Tier 4 where 

their: (i) ADAV as a percentage of TCV 

[sic] equal to or greater than .50%; or (ii) 

ADV as a percentage of TCV is equal to 

or greater than 1.00%. Like the 

proposed Market Depth Tier, Members 

must add as a percentage of TCV of [sic] 

1.00%. However, in order to receive the 

higher rebate of $0.0032 per share, the 

Member must also add an ADV of at 

least 0.10% of the TCV as NonDisplayed Orders that yield fee codes 

HA or HI. Therefore, the Exchange 

believes the proposed Market Depth 

Tier is consistent with Section 6(b)(4) 24

of the Act as the more stringent criteria 

correlates with the tier’s higher rebate. 

Amendments to Step-Up Tiers 

The Exchange believes that its 

proposal to amend footnote 2 to delete 

Step-Up Tiers 1, 2, and 3 and rename 

Step-Up Tier 4 as Step-Up Tier is 

reasonable, fair, and equitable for 

several of the reasons stated above. 

Specifically, the Exchange believes that 

Step-Up Tiers 1, 2, and 3 have 

successfully encouraged Members to 

increase their liquidity on the Exchange 

over a January 2014 baseline and that 

such tiers are no longer necessary. The 

Exchange notes that Step-Up Tier 4, 

which is to be renamed Step-Up Tier, 

provides a contemporary baseline of 

August 2015 by which Members may 

seek to increase their liquidity and 

receive a rebate of $0.0030 per share. In 

addition, deletion of Step-Up Tiers 1, 2, 

and 3 would help offset the cost 

incurred by offering a rebate of $0.0032 

per share under the proposed Market 

Depth Tier discussed above. As such, 

the Exchange believes that removing the 

tier from its fee schedule is reasonable, 

fair, and equitable. The Exchange also 

believes that the proposed amendments 

are non-discriminatory because they 

apply uniformly to all Members. 

LMM Credit Tiers for Tape B 

The proposed reduction to the 

minimum number of ETPs for which an 

LMM must be a Qualified LMM in order 

to qualify for each tier in the LMM 

Credit Tiers for Tape B is intended to 

encourage Members to promote price 

discovery and market quality across all 

BATS-listed securities for the benefit of 

all market participants. The Exchange 

believes that reducing the thresholds for 

meeting such tiers provides increased 

incentives to Members to become LMMs 

in BATS-listed ETPs, to satisfy the 

Minimum Performance Standards in 

ETPs each month, and to add liquidity 

in Tape B securities on the Exchange, 

and is therefore reasonable because the 

Exchange believes doing so would 

encourage more LMMs to register to 

quote and trade in as many BATS-listed 

ETPs as possible. In particular, reducing 

the ETP requirements necessary to 

receive enhanced rebates tiered based 

on the number of securities for which a 

Member is registered as an LMM, would 

provide an incentive for such Members 

not only to register as an LMM in more 

liquid securities, but also to register to 

quote in lower volume ETPs, which are 

traditionally less profitable for market 

makers than more liquid ETPs. 

Moreover, the Exchange believes that 

the proposed change will incentivize 

LMMs to register as an LMM in more 

ETPs, including less liquid ETPs and, 

thus, add more liquidity in these and 

other Tape B securities to the benefit of 

all market participants. The Exchange 

believes that the proposed reduction in 

the threshold is equitable and not 

unfairly discriminatory because it 

remains consistent with the market 

quality and competitiveness benefits 

associated with the fee program and 

because the magnitude of the additional 

rebate is not unreasonably high in 

comparison to the requirements 

associated with receiving such LMM 

Credit and the rebate paid with respect 

to other displayed liquidity-providing 

orders. 

(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. 

Accordingly, the Exchange does not 

believe that the proposed change will 

impair the ability of Members or 

competing venues to maintain their 

mstockstill on DSK4VPTVN1PROD with NOTICES

7382 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Notices 

25 15 U.S.C. 78s(b)(3)(A). 

26 17 CFR 240.19b–4(f). 

27 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 34– 

76613 (December 10, 2015), 80 FR 78262 

(‘‘Notice’’). On January 28, 2016, the Exchange 

consented to extending the time period for the 

Commission to either approve or disapprove the 

proposed rule change, or to institute proceedings to 

determine whether to approve or disapprove the 

proposed rule change, to February 5, 2016. 

4See letter from Kermit Kubitz to the 

Commission, dated January 6, 2016 (‘‘Kubitz 

Letter’’). 

competitive standing in the financial 

markets. 

The Exchange notes that it operates in 

a highly competitive market in which 

market participants can readily direct 

order flow to competing venues if they 

deem fee structures to be unreasonable 

or excessive. The proposed changes are 

generally intended to enhance the 

rebates for liquidity added to the 

Exchange, which is intended to draw 

additional liquidity to the Exchange. 

The Exchange does not believe the 

proposed amendments would burden 

intramarket competition as they would 

apply to all Members uniformly. 

The Exchange does not believe that 

the proposed new Market Depth Tier 

would burden competition, but instead, 

enhances competition, as it is intended 

to increase the competitiveness of and 

draw additional volume to the 

Exchange. Nor does the Exchange 

believes eliminating Step-Up Tiers 1, 2, 

and 3 would impose any burden on 

competition that is not necessary or 

appropriate in furtherance of the 

purposes of the Act. Those tiers have 

successfully encouraged Members to 

increase their liquidity on the Exchange 

and their elimination would help offset 

the cost incurred by offering a rebate of 

$0.0032 per share under the proposed 

Market Depth Tier. 

The Exchange does not believe that 

the proposed reduction to the minimum 

number of ETPs for which an LMM 

must be a Qualified LMM in order to 

qualify for each tier in the LMM Credit 

Tiers for Tape B will burden 

competition, but instead, enhances 

competition, as these changes are 

intended to increase LMM participation 

in Tape B Securities, to incentivize 

Members to register as LMMs in BATSlisted ETPs, and to encourage Members 

to meet the Minimum Performance 

Standards in such ETPs. As such, the 

proposal is a competitive proposal that 

is intended to add additional liquidity 

to the Exchange, which will, in turn, 

benefit the Exchange and all Exchange 

participants. 

(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 25 and paragraph (f) of Rule 

19b–4 thereunder.26 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 rule-comments@

sec.gov. Please include File No. SR– 

BATS–2016–15 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–BATS–2016–15. 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 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– 

2016–15 and should be submitted on or 

before March 3, 2016. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.27

Brent J. Fields, 

Secretary. 

[FR Doc. 2016–02730 Filed 2–10–16; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–77071; File No. SR– 

NYSEMKT–2015–89] 

Self-Regulatory Organizations; NYSE 

MKT LLC; Notice of Filing of 

Amendment No. 2 and Order Granting 

Accelerated Approval of Proposed 

Rule Change, as Modified by 

Amendment No. 2, To Provide That the 

Co-Location Services Offered by the 

Exchange Include Three Time Feeds 

and Four Partial Cabinet Bundle 

Options 

February 5, 2016. 

I. Introduction 

On November 27, 2015 the NYSE 

MKT LLC (‘‘the Exchange’’) filed with 

the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

to Section 19(b)(1) of the Securities 

Exchange Act of 1934 (‘‘Act’’) 1 and Rule 

19b–4 thereunder,2 a proposed rule 

change to provide that the co-location 

services offered by the Exchange 

include three time feeds and four 

bundles of co-location services (‘‘Partial 

Cabinet Solution bundles’’). The 

proposed rule change was published for 

comment in the Federal Register on 

December 16, 2015.3 The Commission 

received one comment letter on the 

proposed rule change.4 On January 28, 

mstockstill on DSK4VPTVN1PROD with NOTICES