
[Federal Register: October 20, 2010 (Volume 75, Number 202)]
[Notices]               
[Page 64771-64772]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc10-108]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63113; File No. 4-616]

 
Self-Regulatory Organizations; Order Approving Minor Rule 
Violation Plan for BATS Y-Exchange, Inc.

October 15, 2010.
    On September 10, 2010, BATS Y-Exchange, Inc. (``BATS Y-Exchange'' 
or ``Exchange'') filed with the Securities and Exchange Commission (the 
``Commission'') a proposed minor rule violation plan (``MRVP'') 
pursuant to Section 19(d)(1) of the Securities Exchange Act of 1934 
(the ``Act'') \1\ and Rule 19d-1(c)(2) thereunder.\2\ The proposed MRVP 
was published for public comment on September 23, 2010.\3\ The 
Commission received no comments on the proposal. This order approves 
BATS Y-Exchange's proposed MRVP.
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    \1\ 15 U.S.C. 78s(d)(1).
    \2\ 17 CFR 240.19d-1(c)(2).
    \3\ See Securities Exchange Act Release No. 62924 (September 16, 
2010), 75 FR 58011. The notice was published under File No. 10-198 
used for BATS Y-Exchange's Form 1 application, however the order 
will be published under File No. 4-616.
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    BATS Y-Exchange's MRVP specifies those uncontested minor rule 
violations with sanctions not exceeding $2,500 which would not be 
subject to the provisions of Rule 19d-1(c)(1) of the Act \4\ requiring 
that a self-regulatory organization promptly file notice with the 
Commission of any final disciplinary action taken with respect to any 
person or organization.\5\ In accordance with Rule 19d-1(c)(2) under 
the Act, the Exchange proposed to designate certain specified rule 
violations as minor rule violations, and requested that it be relieved 
of the reporting requirements regarding such violations, provided it 
gives notice of such violations to the Commission on a quarterly basis. 
BATS Y-Exchange included in its proposed MRVP the policies and 
procedures currently included in BATS Y-Exchange Rule 8.15 
(``Imposition of Fines for Minor Violation(s) of Rules'') and the rule 
violations included in BATS Y-Exchange Rule 8.15.01.\6\
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    \4\ 17 CFR 240.19d-1(c)(1).
    \5\ The Commission adopted amendments to paragraph (c) of Rule 
19d-1 to allow self-regulatory organizations (``SROs'') to submit 
for Commission approval plans for the abbreviated reporting of minor 
disciplinary infractions. See Securities Exchange Act Release No. 
21013 (June 1, 1984), 49 FR 23828 (June 8, 1984). Any disciplinary 
action taken by an SRO against any person for violation of a rule of 
the SRO which has been designated as a minor rule violation pursuant 
to such a plan filed with the Commission shall not be considered 
``final'' for purposes of Section 19(d)(1) of the Act if the 
sanction imposed consists of a fine not exceeding $2,500 and the 
sanctioned person has not sought an adjudication, including a 
hearing, or otherwise exhausted his administrative remedies.
    \6\ On August 13, 2010, the Exchange's application for 
registration as a national securities exchange, including the rules 
governing the BATS Y-Exchange, was approved. See Securities Exchange 
Act Release No. 62716 (August 13, 2010), 75 FR 51295 (August 19, 
2010) (File No. 10-198). In the approval order, the Commission noted 
that BATS Y-Exchange Rule 8.15 provides for the imposition of fines 
for minor rule violations pursuant to a minor rule violation plan. 
Accordingly, the Commission noted that as a condition to the 
operation of BATS Y-Exchange, the Exchange must file a minor rule 
violation plan with the Commission. BATS Y-Exchange represented that 
modifications may be made to Rule 8.15.01 in the future. BATS Y-
Exchange proposed that, when amendments to Rule 8.15.01 are made 
pursuant to a rule filing submitted pursuant to Rule 19b-4 under the 
Act, such filing would automatically be deemed a request by BATS Y-
Exchange for Commission approval of a modification to its MRVP.
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    Pursuant to the Exchange's proposed MRVP, under Rule 8.15, the 
Exchange may impose a fine (not to exceed $2,500) on a member or an 
associated person of a member, or a registered or non-registered 
employee of a member with respect to any rule listed in Rule 8.15.01. 
The Exchange shall serve the person against whom a fine is imposed with 
a written statement setting forth the rule or rules violated, the act 
or omission constituting each such violation, the fine imposed, and the 
date by which such determination becomes final or by which such 
determination

[[Page 64772]]

must be contested. If the person against whom the fine is imposed pays 
the fine, such payment shall be deemed to be a waiver of such person's 
right to a disciplinary proceeding and any review of the matter under 
Exchange rules. Any person against whom a fine is imposed may contest 
the Exchange's determination by filing with the Exchange a written 
response, at which point the matter shall become a disciplinary 
proceeding.
    Upon approval of the plan, the Exchange will provide the Commission 
a quarterly report of actions taken on minor rule violations under the 
plan. The quarterly report will include the Exchange's internal file 
number for the case, the name of the individual and/or organization, 
the nature of the violation, the specific rule provision violated, the 
sanction imposed, the number of times the rule violation has occurred, 
and the date of disposition.\7\
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    \7\ BATS Y-Exchange attached a sample form of the quarterly 
report with its submission to the Commission.
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    The Commission finds that the proposed MRVP is consistent with the 
requirements of the Act and the rules and regulations thereunder 
applicable to a national securities exchange. In particular, the 
Commission believes that the proposal is consistent with Section 
6(b)(5) of the Act,\8\ which requires that the rules of an exchange be 
designed to promote just and equitable principles of trade, to remove 
impediments and to perfect the mechanism of a free and open market and 
national market system, and, in general, to protect investors and the 
public interest. The Commission also believes that the proposal is 
consistent with Sections 6(b)(1) and 6(b)(6) of the Act \9\ which 
require that the rules of an exchange enforce compliance with, and 
provide appropriate discipline for, violations of the Commission and 
Exchange rules. In addition, because the MRVP offers procedural rights 
to a person sanctioned under Rule 8.15, the Commission believes that 
Rule 8.15 provides a fair procedure for the disciplining of members and 
persons associated with members, consistent with Sections 6(b)(7) and 
6(d)(1) of the Act.\10\
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    \8\ 15 U.S.C. 78f(b)(5).
    \9\ 15 U.S.C. 78f(b)(1) and 78f(b)(6).
    \10\ 15 U.S.C. 78f(b)(7) and 78f(d)(1).
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    Finally, the Commission finds that the proposal is consistent with 
the public interest, the protection of investors, or otherwise in 
furtherance of the purposes of the Act, as required by Rule 19d-1(c)(2) 
under the Act,\11\ because the MRVP strengthens BATS Y-Exchange's 
ability to carry out its oversight and enforcement responsibilities as 
an SRO in cases where full disciplinary proceedings are unsuitable in 
view of the minor nature of the particular violation.
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    \11\ 17 CFR 240.19d-1(c)(2).
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    In approving this proposal, the Commission in no way minimizes the 
importance of compliance with Exchange rules and all other rules 
subject to the imposition of sanctions under Rule 8.15. The Commission 
believes that the violation of an SRO's rules, as well as Commission 
rules, is a serious matter. However, Rule 8.15 provides a reasonable 
means of addressing violations that do not rise to the level of 
requiring formal disciplinary proceedings, while providing greater 
flexibility in handling certain violations. The Commission expects that 
BATS Y-Exchange will continue to conduct surveillance with due 
diligence and make determinations based on its findings, on a case-by-
case basis, whether a sanction under the MRVP is appropriate, or 
whether a violation requires formal disciplinary action.
    It is therefore ordered, pursuant to Rule 19d-1(c)(2) under the 
Act,\12\ that the proposed MRVP for BATS Y-Exchange, File No. 4-616, 
be, and hereby is, approved and declared effective.
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    \12\ Id.

    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)(44).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-26359 Filed 10-19-10; 8:45 am]
BILLING CODE 8011-01-P

