80_FR_13701 80 FR 13651 - Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of EDGX Exchange, Inc.

80 FR 13651 - Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of EDGX Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 50 (March 16, 2015)

Page Range13651-13656
FR Document2015-05860

Federal Register, Volume 80 Issue 50 (Monday, March 16, 2015)
[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)]
[Notices]
[Pages 13651-13656]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05860]



[[Page 13651]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74464; File No. SR-EDGX-2015-13]


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

March 10, 2015.
    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 March 2, 2015, EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') 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 to amend its fees and rebates applicable to 
Members \5\ of the Exchange pursuant to EDGX Rule 15.1(a) and (c) 
(``Fee Schedule'') to: (i) Decrease the rebate from $0.00150 per share 
to $0.00040 per share for orders that yield fee code A, which routes to 
the Nasdaq Stock Market LLC (``Nasdaq'') and adds liquidity; (ii) add 
new fee code RN, which routes to Nasdaq using the ROOC routing strategy 
and adds liquidity; (iii) add a bullet to the General Notes section 
regarding the rates that would apply when the New York Stock Exchange, 
Inc. (``NYSE'') or NYSE MKT LLC (``NYSE MKT'') declare an emergency 
condition under their Rule 49; (iv) amend footnotes 1, 2, and 4 to 
place parentheses around the amount of the rebate to be provided for 
each tier; (v) amend footnote 10 regarding how a Member's volume 
attributed to fee code 5 will be allocated; and (vi) amend fees related 
to the use of ConnectEdge.
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    \5\ The term ``Member'' is defined as ``any registered broker or 
dealer, or any person associated with a registered broker or dealer, 
that has been admitted to membership in the Exchange. A Member will 
have the status of a ``member'' of the Exchange as that term is 
defined in Section 3(a)(3) of the Act.'' 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
    The Exchange proposes to: (i) Decrease the rebate from $0.00150 per 
share to $0.00040 per share for orders that yield fee code A, which 
routes to Nasdaq and adds liquidity; (ii) add new fee code RN, which 
routes to Nasdaq using the ROOC routing strategy and adds liquidity; 
(iii) add a bullet to the General Notes section regarding the rates 
that would apply when the NYSE or NYSE MKT declare an emergency 
condition under their Rule 49; (iv) amend footnotes 1, 2, and 4 to 
place parentheses around the amount of the rebate to be provided for 
each tier; (v) amend footnote 10 regarding how a Member's volume 
attributed to fee code 5 will be allocated; and (vi) amend fees related 
to the use of ConnectEdge.
Fee Code A
    In securities priced at or above $1.00, the Exchange currently 
provides a rebate of $0.00150 per share for Members' orders that yield 
fee code A, which routes to Nasdaq and adds liquidity. The Exchange 
proposes to amend its Fee Schedule to decrease this rebate to $0.00040 
per share for Members' orders that yield fee code A. The proposed 
change represents a pass through of the rate that BATS Trading, Inc. 
(``BATS Trading''), the Exchange's affiliated routing broker-dealer, is 
rebated for routing orders in certain symbols to Nasdaq when it does 
not qualify for a volume tiered rebate. When BATS Trading routes to 
Nasdaq, it is rebated a standard rate of $0.00040 per share for orders 
in select symbols (``Nasdaq's Select Symbol Program'').\6\ BATS Trading 
will pass through this rate on Nasdaq to the Exchange and the Exchange, 
in turn, will pass through this rate to its Members. The Exchange notes 
that the proposed change is in response to Nasdaq's January 2015 fee 
change where Nasdaq decreased the rebate it provides its customers, 
such as BATS Trading, from a rebate of $0.00150 per share to a rebate 
of $0.00040 per share for orders in symbols included in Nasdaq's Select 
Symbol Program.\7\
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    \6\ The Exchange notes that to the extent BATS Trading does or 
does not achieve any volume tiered discount on Nasdaq or routes an 
order to Nasdaq in a symbol that is not included in Nasdaq's Select 
Symbol Program to receive a rebate of $0.00040 per share, its rate 
for Flag A will not change. The Exchange further notes that, due to 
billing system limitations that do not allow for separate rates by 
tape, it will pass through the lesser rebate of $0.00040 per share 
for all Tapes A, B & C securities.
    \7\ See Securities Exchange Act Release No. 73967 (December 30, 
2014), 80 FR 594 (January 6, 2015) (SR-Nasdaq-2014-128).
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Fee Code RN
    The Exchange proposes to adopt new fee code RN, which would be 
applied to orders routed to Nasdaq using the ROOC routing strategy that 
add liquidity. Orders that yield fee code RN will receive a rebate of 
$0.00150 per share. The ROOC Routing strategy routes orders to 
participate in the opening, re-opening (following a halt, suspension, 
or pause), or closing process of a primary listing market (BATS, NYSE, 
Nasdaq, NYSE MKT, or NYSE Arca) if received before the opening/re-
opening/closing time of such market. If shares remain unexecuted after 
attempting to execute in the opening, re-opening, or closing process, 
they are either posted to the EDGX Book, executed, or routed to 
destinations on the System routing table. Proposed fee code RN 
represents a pass through of the rate that BATS Trading, the Exchange's 
affiliated routing broker-dealer, is rebated for routing orders to 
Nasdaq in Tape C securities not included in Nasdaq's Select Symbol 
Program when it does not qualify for a volume tiered rebate. When BATS 
Trading routes to Nasdaq using the ROOC routing strategy, it is rebated 
a standard rate of $0.00150 per share for Tape C securities that are 
not included in Nasdaq's Select Symbol Program.\8\

[[Page 13652]]

BATS Trading will pass through this rate on Nasdaq to the Exchange and 
the Exchange, in turn, will pass through this rate to its Members. The 
Exchange notes that fee code A above will be applied to all orders 
routed to Nasdaq not utilizing the ROOC routing strategy that add 
liquidity.
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    \8\ The Exchange notes that to the extent BATS Trading does or 
does not achieve any volume tiered discount on Nasdaq or routes an 
order to Nasdaq in a symbol that is included in Nasdaq's Select 
Symbol Program to receive a rebate of $0.00040 per share, its rate 
for Flag RN will not change. The Exchange further notes that, due to 
billing system limitations that do not allow for separate rates by 
tape, it will pass through the rebate of $0.000150 per share for all 
Tapes A, B & C securities that yield fee code RN.
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NYSE and NYSE MKT Rule 49
    The Exchange proposes to add a bullet under the General Notes 
section of the Fee Schedule to describe the rates that would apply 
where the NYSE or NYSE MKT declare an emergency condition under their 
Rule 49. Under NYSE and NYSE MKT Rule 49, the NYSE or NYSE MKT may 
invoke their emergency powers during an emergency condition and 
designate NYSE Arca, Inc. (``NYSE Arca'') as their backup facility to 
receive and process bids and offers and to execute orders on behalf of 
the NYSE or NYSE MKT. In such case, the Exchange will route any order 
that was intended to be routed to the NYSE or NYSE MKT to NYSE Arca and 
the Exchange's System will identify such trades as being executed on 
NYSE Arca, not the NYSE or NYSE MKT. Because the executions occurred on 
NYSE Arca, NYSE Arca will charge BATS Trading their applicable fee or 
rebate, and BATS Trading will pass through that fee or rebate to the 
Exchange who would, in turn, pass that rate along to its Members. 
Therefore, the Exchange proposes to add a bullet to its Fee Schedule 
stating that fee codes applicable to orders routed to NYSE Arca will be 
applied to orders routed to the NYSE or NYSE MKT where, pursuant to 
NYSE and NYSE MKT Rule 49, the NYSE or NYSE MKT have designated NYSE 
Arca as their backup facility to receive and process bids and offers 
and to execute orders on behalf of the NYSE or NYSE MKT.
Identifying Rebates in Footnotes 1, 2, and 4
    The Exchange proposes to amend footnotes 1, 2, and 4 to place the 
amount of each rebate in parentheses. The Exchange notes that rebates 
listed elsewhere in the Fee Schedule are identified by parentheses. 
Doing so within footnotes 1, 2, and 4 would align the identification of 
rebates in these footnotes with the way rebates are identified 
elsewhere in the Fee Schedule.
Footnote 10
    In December 2014, the Exchange added footnote 10 to state that a 
Member's monthly volume attributed to fee code 5 will be divided evenly 
between the added fee codes and removal fee codes when determining 
whether that Member satisfied a certain tier.\9\ At that time, the 
Exchange proposed to divide a Member's fee code 5 volume as such 
because the Exchange's systems could not delineate orders yielding fee 
code 5 that added from those that removed liquidity for purposes of 
determining whether a Member satisfied a certain tier.
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    \9\ See Securities Exchange Act Release No. 73782 (December 8, 
2014), 79 FR 73916 (December 12, 2014) (SR-EDGX-2014-32).
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    In January 2014, the Exchange and its affiliate, EDGA Exchange, 
Inc. (``EDGA'') received approval to effect a merger (the ``Merger'') 
of the Exchange's parent company, Direct Edge Holdings LLC, with BATS 
Global Markets, Inc., the parent of BATS (together with BATS, EDGA and 
EDGX, the ``BGM Affiliated Exchanges'').\10\ In the context of the 
Merger, the BGM Affiliated Exchanges migrated EDGX and EDGA onto the 
BATS technology platform, which was completed in January 2015. Under 
the BATS technology platform, the Exchange is now able to delineate 
orders yield fee code 5 that added from those that removed liquidity 
for purposes of determining whether a Member satisfies a certain tier. 
Therefore, the Exchange proposes to amend footnote 10 to state that a 
Member's monthly volume attributed to fee code 5 will be allocated 
accordingly between the added fee codes and removal fee codes when 
determining whether that Member satisfied a certain tier.
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    \10\ See Securities Exchange Act Release No. 71449 (January 30, 
2014), 79 FR 6961 (February 5, 2014) (SR-EDGX-2013-43; SR-EDGA-2013-
34).
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ConnectEdge
    The Exchange proposes to amend the fees related to the use of 
ConnectEdge by: (i) Adopting a fee of $250 per month for receipt of 
Nasdaq Glimpse; and (ii) provide access to market data and order entry 
for the BGM Affiliated Exchanges at no charge. ConnectEdge is a 
communication and routing service that provides Members an additional 
means to receive market data from and route orders to any destination 
connected to the Exchange's network. ConnectEdge does not affect trade 
executions and would not report trades to the relevant Securities 
Information Processor. The servers of the Member need not be located in 
the same facilities as the Exchange in order to subscribe to 
ConnectEdge. Members may also seek to utilize ConnectEdge in the event 
of a market disruption where other alternative connection methods 
become unavailable.\11\
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    \11\ This service is an alternative to a service that the 
Exchange already provides to its Members--current order-sending 
Members route orders through access provided by the Exchange to the 
Exchange that either check the Exchange for available liquidity and 
then route to other destinations or, in certain circumstances, 
bypass the Exchange and route to other destinations. See Exchange 
Rule 11.9(b)(2) (setting forth routing options whereby Members may 
select their orders be routed to other market centers).
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    The Exchange charges a monthly connectivity fee to Members 
utilizing ConnectEdge to route orders to other exchanges and broker-
dealers that are connected to the Exchange's network. The amount of the 
connectivity fee varies based solely on the bandwidth selected by the 
Member. Specifically, the Exchange currently charges $350 for 1 Mb, 
$700 for 5 Mb, $950 for 10 Mb, $1,500 for 25 Mb, $2,500 for 50 Mb, and 
$3,500 for 100 Mb. The Exchange proposes to provide at no charge, 
bandwidth required to access each of the BGM Affiliated Exchanges and 
BZX Options.
    Members utilizing ConnectEdge to access the Exchange or its 
affiliates for either order entry or market data will remain liable for 
the applicable Physical Connectivity Fees as set forth in the Fee 
Schedule and charged by each BGM Affiliated Exchange. Currently, the 
Exchange and EDGA charge $500 per month a 1 Gb Copper connection, 
$1,000 per month for a 1 Gb Fiber connection, and $2,000 per month for 
a 10 Gb Fiber connection. BZX and BYX currently charge $1,000 per month 
for a 1 Gb physical port at the BZX or BYX primary of secondary data 
center, $2,000 per month for a 1 Gb physical port at any other data 
center where BZX or BYX maintain a point-to-point presence (``PoP''), 
$2,500 per month for a 10 Gb physical port at the BZX or BYX primary of 
secondary data center; and $5,000 per month for a 10 Gb physical port 
at any other data center where BZX or BYX maintain a PoP.
    ConnectEdge also allows participants to receive market data feeds 
from exchanges connected to the Exchange's network. In such case, the 
Member would pay the Exchange a connectivity fee, which varies and is 
based solely on the amount of bandwidth required to transmit the 
selected data product to the Member. The proposed connectivity fees 
range from $100 to $3,500 based on the market data product the vendor 
selects. The Exchange currently charges $1,300 per month for BZX PITCH

[[Page 13653]]

Multicast, $250 per month for BZX PITCH Spin Server, $350 per month for 
BYX Pitch Multicast, $250 per month for BYX Spin Server, $1,000 per 
month for BZX Options Pitch, and $500 per month for EDGA or EDGX.\12\ 
The Exchange proposes to provide access to each of these market data 
products at no charge. Members would pay any fees charged by the BGM 
Affiliated Exchange providing the market data feed directly to that 
exchange.
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    \12\ Market data connectivity to EDGA and EDGX is free if the 
Member's connection if within the Equinix facilities in Secaucus, 
New Jersey.
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    The Exchange also proposes to adopt a fee of $250 per month for 
market data connectivity to Nasdaq Glimpse. Nasdaq Glimpse is a point-
to-point data feed connection that provides direct data feed customers 
with the current state of the Nasdaq execution systems with full market 
participant attribution.\13\ The proposed fee is designed to reflect 
the amount of bandwidth required to transmit the Nasdaq Glimpse to the 
Member. Participants would pay any fees charged by Nasdaq for Nasdaq 
Glimpse directly to Nasdaq.
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    \13\ See http://www.nasdaqomx.com/transactions/marketdata/europeanproducts/data-feeds/glimpse for a description of Nasdaq 
Glimpse.
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Implementation Date
    The Exchange proposes to implement these amendments to its Fee 
Schedule on March 2, 2015.\14\
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    \14\ The date of the EDGX Fee Schedule was previously amended to 
March 2, 2015 in SR-EDGX-2015-12 filed on February 26, 2015.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 of the Act,\15\ in general, and 
furthers the objectives of Section 6(b)(4),\16\ 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 rates are equitable and non-discriminatory in that they apply 
uniformly to all Members. The Exchange believes the fees and credits 
remain competitive with those charged by other venues and therefore 
continue to be reasonable and equitably allocated to Members.
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    \15\ 15 U.S.C. 78f.
    \16\ 15 U.S.C. 78f(b)(4).
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Fee Code A
    The Exchange believes that its proposal to decrease the pass 
through rebate for Members' orders that yield fee code A from $0.00150 
to $0.00040 per share represents an equitable allocation of reasonable 
dues, fees, and other charges among Members and other persons using its 
facilities. Prior to Nasdaq's Select Symbol Program, Nasdaq provided 
BATS Trading a rebate of $0.00150 per share for orders yielding fee 
code A, which BATS Trading passed through to the Exchange and the 
Exchange passed through to its Members. In January 2015, Nasdaq 
decreased the standard rebate it provides its customers, such as BATS 
Trading, from a rebate of $0.00150 per share to a rebate of $0.00040 
per share for orders that are routed to Nasdaq in symbols included in 
its Select Symbol Program.\17\ Therefore, the Exchange believes that 
the proposed change in fee code A from a rebate of $0.00150 per share 
to a rebate of $0.00040 per share is equitable and reasonable because 
it accounts for the pricing changes on Nasdaq. In addition, the 
proposal allows the Exchange to continue to charge its Members a pass-
through rate for orders that are routed to Nasdaq. The Exchange further 
notes that, due to billing system limitations that do not allow for 
separate rates by security for those included in Nasdaq's Select Symbol 
Program, it will pass through the lesser rebate of $0.00040 per share 
for all Tapes A, B & C securities routed to Nasdaq. The Exchange notes 
that routing through BATS Trading 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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    \17\ See supra note 6.
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Fee Code RN
    The Exchange believes its proposal to adopt new fee code RN, which 
would be applied to orders routed to Nasdaq using the ROOC routing 
strategy that add liquidity, represents an equitable allocation of 
reasonable dues, fees, and other charges among Members and other 
persons using its facilities because the Exchange does not levy 
additional fees or offer additional rebates for orders that it routes 
to Nasdaq through BATS Trading using the ROOC routing strategy. 
Proposed fee code RN represents a pass through of the rate that BATS 
Trading, the Exchange's affiliated routing broker-dealer, is rebated 
for routing orders to Nasdaq in certain securities not included in 
Nasdaq's Select Symbol Program when it does not qualify for a volume 
tiered rebate. When BATS Trading routes to Nasdaq using the ROOC 
routing strategy, it is rebated a standard rate of $0.00150 per share 
for Tape C securities that are not included in Nasdaq's Select Symbol 
Program.\18\ Therefore, the Exchange believes to provide proposed fee 
code RN a rebate of $0.00150 per share is equitable and reasonable 
because it accounts for pricing on Nasdaq and allows the Exchange to 
charge its Members a pass-through rate for orders that are routed to 
Nasdaq using the ROOC routing strategy. The Exchange further notes 
that, due to billing system limitations that do not allow for separate 
rates by security for those included in Nasdaq's Select Symbol Program, 
it will pass through the rebate of $0.00150 per share for all Tapes A, 
B & C securities routed to Nasdaq yielding fee code RN. The Exchange 
notes that routing through BATS Trading 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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    \18\ See supra note 8.
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NYSE and NYSE MKT Rule 49
    The Exchange believes that adding a bullet under the General Notes 
section of the Fee Schedule to describe the rates that would apply 
where the NYSE or NYSE MKT declare an emergency condition under their 
Rule 49 is reasonable because it is designed to provide greater 
transparency to Members by describing which rates would apply in such 
circumstances. In the case when NYSE or NYSE MKT invoke their Rule 49, 
the Exchange will route any order that was intended for the NYSE or 
NYSE MKT to NYSE Arca and the Exchange's System will identify such 
trades as being executed on NYSE Arca, not the NYSE or NYSE MKT. 
Because the executions occurred on NYSE Arca, NYSE Arca will charge 
their applicable fee or rebate. The proposed bullet is intended to make 
clear within the Fee Schedule which rate would apply where the NYSE or 
NYSE MKT invoke their emergency powers under their Rule 49, thereby 
eliminating potential investor confusion, removing impediments to and 
perfecting the mechanism of a free and open market and a national 
market system, and, in general, protecting investors and the public 
interest. The Exchange notes that routing through BATS Trading is 
voluntary. Lastly, the Exchange also believes that the proposed 
amendment is non-

[[Page 13654]]

discriminatory because it applies uniformly to all Members.
Identifying Rebates in Footnotes 1, 2, and 4
    The Exchange believes that amending footnotes 1, 2, and 4 to place 
the amount of each rebate in parentheses is reasonable because it is 
designed to provide greater transparency to Members by aligning the 
identification of rebates in these footnotes with the way rebates are 
identified elsewhere in the Fee Schedule. The Exchange notes that this 
change is not designed to amend any rebate, nor alter the manner in 
which it calculates rebates. This non-substantive change to the Fee 
Schedule is intended to make the Fee Schedule clearer and less 
confusing for investors and eliminate potential investor confusion, 
thereby removing impediments to and perfecting the mechanism of a free 
and open market and a national market system, and, in general, 
protecting investors and the public interest.
Footnote 10
    The Exchange believes proposed footnote 10 stating that a Member's 
monthly volume attributed to fee code 5 will be allocated accordingly 
between the added fee codes and removal fee codes when determining 
whether that Member satisfied a certain tier represents an equitable 
allocation of reasonable dues, fees, and other charges. Footnote 10 
initially divided a Member's fee code 5 volume as such because fee code 
5 includes both added and removed liquidity and the Exchange's systems 
could not delineate orders yielding fee code 5 that added from those 
that removed liquidity purposes of determining whether a Member 
satisfies a certain tier. Under the BATS technology platform, the 
Exchange is now able to delineate orders yield fee code 5 that added 
from those that removed liquidity for purposes of determining whether a 
Member satisfies a certain tier. Therefore, the Exchange believes 
amending footnote 10 to state that a Member's monthly volume attributed 
to fee code 5 will be allocated accordingly between the added fee codes 
and removal fee codes is reasonable because it would provide Members an 
accurate understanding of how their orders yielding fee code 5 would be 
allocated amongst added and removed volume for purposes of determining 
whether they satisfied a certain tier. Lastly, the Exchange also 
believes that the proposed amendment is non-discriminatory because it 
applies uniformly to all Members.
ConnectEdge
    The Exchange believes its proposal to amend fees for the use of 
ConnectEdge is consistent with Section 6(b)(4) of the Act,\19\ in that 
it provides for the equitable allocation of reasonable dues, fees and 
other charges among members and other persons using its facilities. The 
Exchange charges a connectivity fee to Members utilizing ConnectEdge to 
route orders to or receive market data from other exchanges and market 
centers that are connected to the Exchange's network, the amounts of 
which vary based solely on the amount of bandwidth selected by the 
Member or required to transmit the market data. The BGM Affiliated 
Exchanges are currently located in different data centers and the 
Exchange is in the process of transitioning itself and its affiliates 
into a single data center. Members currently located in a different 
data center than one of the BGM Affiliated Exchanges may utilize 
ConnectEdge to connect to that BGM Affiliated Exchange and would be 
subject to the applicable ConnectEdge fees. The Exchange has notified 
Members that is it is migrating the BGM Affiliated Exchange into a 
single data center and many of those Members are already located in 
that data center or may elect to establish a presence in that data 
center. In the interim, the Exchange proposes to charge no fee for the 
use of ConnectEdge to access the BGM Affiliated Exchange as an 
accommodation to Members pending the migration. Once the migration is 
complete, it will not be necessary for a ConnectEdge subscriber to pay 
an additional fee for order entry or receipt of market data from the 
Exchange or of its affiliates if located in the same data center over 
and above the connectivity fees currently charged.\20\ Therefore, the 
Exchange believes it is reasonable and equitable to charge no fee for 
the use of ConnectEdge to access the BGM Affiliated Exchanges during 
this transitional period.
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    \19\ 15 U.S.C. 78f(b)(4).
    \20\ Similarly, the Exchange notes that it currently charges no 
fee to Member's utilizing ConnectEdge to connect to the Exchange and 
EDGA if located in the same data center.
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    The Exchange also believes that its fee of $250 per month for 
market data connectivity to Nasdaq Glimpse is consistent with Section 
6(b)(4) of the Act,\21\ in that it provides for the equitable 
allocation of reasonable dues, fees and other charges among members and 
other persons using its facilities. ConnectEdge is offered and 
purchased on a voluntary basis, in that neither the Exchange nor 
Members are required by any rule or regulation to make this product 
available. Accordingly, Members can discontinue use at any time and for 
any reason, including due to an assessment of the reasonableness of 
fees charged. Moreover, the Exchange believes the proposed fees are 
reasonable and equitable because they are based on the Exchange's costs 
to cover the amount of bandwidth required to provide connectivity to 
Nasdaq Glimpse. The proposed fees allow the Exchange to recoup this 
cost, while providing Members with an alternative means to connect to 
Nasdaq Glimpse. The Exchange believes that the proposed fees are 
reasonable and equitable in that they reflect the costs and the benefit 
of providing alternative connectivity.
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    \21\ 15 U.S.C. 78f(b)(4).
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    Lastly, the Exchange also believes that the proposed amendments to 
its fee schedule are non-discriminatory because they will apply 
uniformly to all Members. All Members that voluntarily select various 
service options will be charged the same amount for the same services. 
All Members have the option to select any connectivity option, and 
there is no differentiation among Members with regard to the fees 
charged for the service.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes its proposed amendments to its Fee Schedule 
would 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 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 competitive standing in the financial markets.
Fee Code A
    The Exchange believes that its proposal to pass through a rebate of 
$0.00040 per share for Members' orders that yield fee code A would 
increase intermarket competition because it offers customers an 
alternative means to route to Nasdaq for a similar rate as entering 
orders in certain symbols on Nasdaq directly. The Exchange believes 
that its proposal would not burden intramarket competition because the

[[Page 13655]]

proposed rate would apply uniformly to all Members.
Fee Code RN
    The Exchange believes that its proposal to add fee code RN for 
orders that route to Nasdaq using the ROOC routing strategy and pass 
through a rebate of $0.00150 per share to Members would increase 
intermarket competition because it offers customers an alternative 
means to route orders to Nasdaq to participate in their opening, re-
opening or closing process for a similar rate as entering orders in 
certain symbols on Nasdaq directly. The Exchange believes that its 
proposal would not burden intramarket competition because the proposed 
rate would apply uniformly to all Members.
NYSE and NYSE MKT Rule 49
    The Exchange believes that adding a bullet under the General Notes 
section of the Fee Schedule to describe which rates that would apply 
where the NYSE or NYSE MKT declare an emergency condition under their 
Rule 49 would not affect intermarket nor intramarket competition 
because none of these changes are designed to amend any rebate or alter 
the manner in which the Exchange calculates rebates. This change is not 
designed to have a competitive impact. Rather, it is intended to make 
clear to Members and investors within the Fee Schedule which rate would 
apply where the NYSE or NYSE MKT invoke their emergency powers under 
their Rule 49, thereby eliminating potential investor confusion.
Identifying Rebates in Footnotes 1, 2, and 4
    The Exchange believes that amending footnotes 1, 2, and 4 to place 
the amount of each rebate in parentheses would not affect intermarket 
nor intramarket competition because none of these changes are designed 
to amend any rebate or alter the manner in which the Exchange 
calculates rebates. This change is intended to make the Fee Schedule 
clearer and less confusing for investors and eliminate potential 
investor confusion by providing greater clarity to Members with regard 
to how the Exchange calculates rebates.
Footnote 10
    The Exchange believes that amending footnote 10 to reflect current 
system functionality that orders yielding fee code 5 will be allocated 
accordingly amongst added fee codes and removal fee codes would 
increase intermarket competition because it would encourage Members to 
direct their orders to the Exchange because they would have certainty 
as to how their orders will be allocated when determining whether that 
Member qualified for a certain pricing tier. The Exchange believes that 
its proposal would neither increase nor decrease intramarket 
competition because the fee code 5 and footnote 10 would continue to 
apply uniformly to all Members.
ConnectEdge
    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The proposed 
rule change is designed to accommodate Members while the Exchange 
migrates itself and its affiliates into a single data center. Once that 
migration is complete it will not be necessary for a ConnectEdge 
subscriber to pay an additional fee for order entry or receipt of 
market data from the Exchange or of its affiliates over and above the 
connectivity fees currently charged. The Exchange believes that 
charging no fee during this for the use of ConnectEdge to access the 
Exchange or its affiliates during this transitional period will not 
result in any burden on competition that is not necessary or 
appropriate because Members will remain liable for the applicable 
Physical Connectivity Fees charged by each BGM Affiliated Exchange. The 
Exchange believes that its proposal would neither increase nor decrease 
intramarket competition because it would apply uniformly to all 
Members.
    The Exchange also believes the proposed connectivity fee for Nasdaq 
Glimpse will not result in any burden on completion. The proposed rule 
change is designed to provide Members with an alternative means to 
access Nasdaq Glimpse if they choose or in the event of a market 
disruption where other alternative connection methods become 
unavailable. ConnectEdge is not the exclusive method to connect to 
Nasdaq Glimpse and Members may utilize alternative methods to connect 
to the product if they believe the Exchange's proposed pricing is 
unreasonable or otherwise. Therefore, the Exchange does not believe the 
proposed rule change will have any effect on competition.

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 \22\ and paragraph (f) of Rule 19b-4 
thereunder.\23\ 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.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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 protected]. Please include 
File Number SR-EDGX-2015-13 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 Number SR-EDGX-2015-13. 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

[[Page 13656]]

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 Number SR-EDGX-2015-13, and should be submitted on or before April 
6, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-05860 Filed 3-13-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices                                                     13651

                                               SECURITIES AND EXCHANGE                                 each tier; (v) amend footnote 10                      rebated for routing orders in certain
                                               COMMISSION                                              regarding how a Member’s volume                       symbols to Nasdaq when it does not
                                                                                                       attributed to fee code 5 will be                      qualify for a volume tiered rebate. When
                                               [Release No. 34–74464; File No. SR–EDGX–
                                                                                                       allocated; and (vi) amend fees related to             BATS Trading routes to Nasdaq, it is
                                               2015–13]
                                                                                                       the use of ConnectEdge.                               rebated a standard rate of $0.00040 per
                                               Self-Regulatory Organizations; EDGX                        The text of the proposed rule change               share for orders in select symbols
                                               Exchange, Inc.; Notice of Filing and                    is available at the Exchange’s Web site               (‘‘Nasdaq’s Select Symbol Program’’).6
                                               Immediate Effectiveness of a Proposed                   at www.batstrading.com, at the                        BATS Trading will pass through this
                                               Rule Change Related to Fees for Use                     principal office of the Exchange, and at              rate on Nasdaq to the Exchange and the
                                               of EDGX Exchange, Inc.                                  the Commission’s Public Reference                     Exchange, in turn, will pass through this
                                                                                                       Room.                                                 rate to its Members. The Exchange notes
                                               March 10, 2015.                                                                                               that the proposed change is in response
                                                                                                       II. Self-Regulatory Organization’s                    to Nasdaq’s January 2015 fee change
                                                  Pursuant to Section 19(b)(1) of the
                                                                                                       Statement of the Purpose of, and                      where Nasdaq decreased the rebate it
                                               Securities Exchange Act of 1934 (the
                                                                                                       Statutory Basis for, the Proposed Rule                provides its customers, such as BATS
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                       Change                                                Trading, from a rebate of $0.00150 per
                                               notice is hereby given that on March 2,
                                               2015, EDGX Exchange, Inc. (the                            In its filing with the Commission, the              share to a rebate of $0.00040 per share
                                               ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                Exchange included statements                          for orders in symbols included in
                                               Securities and Exchange Commission                      concerning the purpose of and basis for               Nasdaq’s Select Symbol Program.7
                                               (‘‘Commission’’) the proposed rule                      the proposed rule change and discussed                Fee Code RN
                                               change as described in Items I, II and III              any comments it received on the
                                               below, which Items have been prepared                   proposed rule change. The text of these                  The Exchange proposes to adopt new
                                               by the Exchange. The Exchange has                       statements may be examined at the                     fee code RN, which would be applied to
                                               designated the proposed rule change as                  places specified in Item IV below. The                orders routed to Nasdaq using the ROOC
                                               one establishing or changing a member                   Exchange has prepared summaries, set                  routing strategy that add liquidity.
                                               due, fee, or other charge imposed by the                forth in Sections A, B, and C below, of               Orders that yield fee code RN will
                                               Exchange under Section 19(b)(3)(A)(ii)                  the most significant parts of such                    receive a rebate of $0.00150 per share.
                                               of the Act 3 and Rule 19b–4(f)(2)                       statements.                                           The ROOC Routing strategy routes
                                               thereunder,4 which renders the                                                                                orders to participate in the opening, re-
                                                                                                       A. Self-Regulatory Organization’s                     opening (following a halt, suspension,
                                               proposed rule change effective upon                     Statement of the Purpose of, and the
                                               filing with the Commission. The                                                                               or pause), or closing process of a
                                                                                                       Statutory Basis for, the Proposed Rule                primary listing market (BATS, NYSE,
                                               Commission is publishing this notice to                 Change
                                               solicit comments on the proposed rule                                                                         Nasdaq, NYSE MKT, or NYSE Arca) if
                                               change from interested persons.                         1. Purpose                                            received before the opening/re-opening/
                                                                                                                                                             closing time of such market. If shares
                                               I. Self-Regulatory Organization’s                         The Exchange proposes to: (i)                       remain unexecuted after attempting to
                                               Statement of the Terms of Substance of                  Decrease the rebate from $0.00150 per                 execute in the opening, re-opening, or
                                               the Proposed Rule Change                                share to $0.00040 per share for orders                closing process, they are either posted to
                                                                                                       that yield fee code A, which routes to                the EDGX Book, executed, or routed to
                                                  The Exchange filed a to amend its fees               Nasdaq and adds liquidity; (ii) add new
                                               and rebates applicable to Members 5 of                                                                        destinations on the System routing
                                                                                                       fee code RN, which routes to Nasdaq                   table. Proposed fee code RN represents
                                               the Exchange pursuant to EDGX Rule                      using the ROOC routing strategy and
                                               15.1(a) and (c) (‘‘Fee Schedule’’) to: (i)                                                                    a pass through of the rate that BATS
                                                                                                       adds liquidity; (iii) add a bullet to the             Trading, the Exchange’s affiliated
                                               Decrease the rebate from $0.00150 per                   General Notes section regarding the
                                               share to $0.00040 per share for orders                                                                        routing broker-dealer, is rebated for
                                                                                                       rates that would apply when the NYSE                  routing orders to Nasdaq in Tape C
                                               that yield fee code A, which routes to                  or NYSE MKT declare an emergency
                                               the Nasdaq Stock Market LLC                                                                                   securities not included in Nasdaq’s
                                                                                                       condition under their Rule 49; (iv)                   Select Symbol Program when it does not
                                               (‘‘Nasdaq’’) and adds liquidity; (ii) add               amend footnotes 1, 2, and 4 to place
                                               new fee code RN, which routes to                                                                              qualify for a volume tiered rebate. When
                                                                                                       parentheses around the amount of the                  BATS Trading routes to Nasdaq using
                                               Nasdaq using the ROOC routing strategy                  rebate to be provided for each tier; (v)
                                               and adds liquidity; (iii) add a bullet to                                                                     the ROOC routing strategy, it is rebated
                                                                                                       amend footnote 10 regarding how a                     a standard rate of $0.00150 per share for
                                               the General Notes section regarding the                 Member’s volume attributed to fee code
                                               rates that would apply when the New                                                                           Tape C securities that are not included
                                                                                                       5 will be allocated; and (vi) amend fees              in Nasdaq’s Select Symbol Program.8
                                               York Stock Exchange, Inc. (‘‘NYSE’’) or                 related to the use of ConnectEdge.
                                               NYSE MKT LLC (‘‘NYSE MKT’’) declare                                                                             6 The Exchange notes that to the extent BATS
                                               an emergency condition under their                      Fee Code A                                            Trading does or does not achieve any volume tiered
                                               Rule 49; (iv) amend footnotes 1, 2, and                    In securities priced at or above $1.00,            discount on Nasdaq or routes an order to Nasdaq
                                               4 to place parentheses around the                       the Exchange currently provides a                     in a symbol that is not included in Nasdaq’s Select
                                               amount of the rebate to be provided for                                                                       Symbol Program to receive a rebate of $0.00040 per
                                                                                                       rebate of $0.00150 per share for                      share, its rate for Flag A will not change. The
                                                 1 15
                                                                                                       Members’ orders that yield fee code A,                Exchange further notes that, due to billing system
                                                      U.S.C. 78s(b)(1).                                                                                      limitations that do not allow for separate rates by
                                                 2 17
                                                                                                       which routes to Nasdaq and adds
                                                      CFR 240.19b–4.                                                                                         tape, it will pass through the lesser rebate of
                                                                                                       liquidity. The Exchange proposes to
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                                                 3 15 U.S.C. 78s(b)(3)(A)(ii).                                                                               $0.00040 per share for all Tapes A, B & C securities.
                                                 4 17 CFR 240.19b–4(f)(2).                             amend its Fee Schedule to decrease this                 7 See Securities Exchange Act Release No. 73967
                                                 5 The term ‘‘Member’’ is defined as ‘‘any             rebate to $0.00040 per share for                      (December 30, 2014), 80 FR 594 (January 6, 2015)
                                               registered broker or dealer, or any person associated   Members’ orders that yield fee code A.                (SR–Nasdaq–2014–128).
                                               with a registered broker or dealer, that has been       The proposed change represents a pass                   8 The Exchange notes that to the extent BATS

                                               admitted to membership in the Exchange. A                                                                     Trading does or does not achieve any volume tiered
                                               Member will have the status of a ‘‘member’’ of the
                                                                                                       through of the rate that BATS Trading,                discount on Nasdaq or routes an order to Nasdaq
                                               Exchange as that term is defined in Section 3(a)(3)     Inc. (‘‘BATS Trading’’), the Exchange’s               in a symbol that is included in Nasdaq’s Select
                                               of the Act.’’ See Exchange Rule 1.5(n).                 affiliated routing broker-dealer, is                                                              Continued




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                                               13652                           Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices

                                               BATS Trading will pass through this                      Footnote 10                                           Exchange in order to subscribe to
                                               rate on Nasdaq to the Exchange and the                      In December 2014, the Exchange                     ConnectEdge. Members may also seek to
                                               Exchange, in turn, will pass through this                added footnote 10 to state that a                     utilize ConnectEdge in the event of a
                                               rate to its Members. The Exchange notes                  Member’s monthly volume attributed to                 market disruption where other
                                               that fee code A above will be applied to                 fee code 5 will be divided evenly                     alternative connection methods become
                                               all orders routed to Nasdaq not utilizing                between the added fee codes and                       unavailable.11
                                               the ROOC routing strategy that add                                                                                The Exchange charges a monthly
                                                                                                        removal fee codes when determining
                                               liquidity.                                                                                                     connectivity fee to Members utilizing
                                                                                                        whether that Member satisfied a certain
                                                                                                                                                              ConnectEdge to route orders to other
                                               NYSE and NYSE MKT Rule 49                                tier.9 At that time, the Exchange
                                                                                                                                                              exchanges and broker-dealers that are
                                                                                                        proposed to divide a Member’s fee code
                                                  The Exchange proposes to add a                                                                              connected to the Exchange’s network.
                                                                                                        5 volume as such because the
                                               bullet under the General Notes section                                                                         The amount of the connectivity fee
                                                                                                        Exchange’s systems could not delineate
                                               of the Fee Schedule to describe the rates                                                                      varies based solely on the bandwidth
                                                                                                        orders yielding fee code 5 that added
                                               that would apply where the NYSE or                                                                             selected by the Member. Specifically,
                                                                                                        from those that removed liquidity for                 the Exchange currently charges $350 for
                                               NYSE MKT declare an emergency                            purposes of determining whether a
                                               condition under their Rule 49. Under                                                                           1 Mb, $700 for 5 Mb, $950 for 10 Mb,
                                                                                                        Member satisfied a certain tier.                      $1,500 for 25 Mb, $2,500 for 50 Mb, and
                                               NYSE and NYSE MKT Rule 49, the                              In January 2014, the Exchange and its
                                               NYSE or NYSE MKT may invoke their                                                                              $3,500 for 100 Mb. The Exchange
                                                                                                        affiliate, EDGA Exchange, Inc.
                                               emergency powers during an emergency                                                                           proposes to provide at no charge,
                                                                                                        (‘‘EDGA’’) received approval to effect a              bandwidth required to access each of
                                               condition and designate NYSE Arca,                       merger (the ‘‘Merger’’) of the Exchange’s
                                               Inc. (‘‘NYSE Arca’’) as their backup                                                                           the BGM Affiliated Exchanges and BZX
                                                                                                        parent company, Direct Edge Holdings                  Options.
                                               facility to receive and process bids and                 LLC, with BATS Global Markets, Inc.,                     Members utilizing ConnectEdge to
                                               offers and to execute orders on behalf of                the parent of BATS (together with                     access the Exchange or its affiliates for
                                               the NYSE or NYSE MKT. In such case,                      BATS, EDGA and EDGX, the ‘‘BGM                        either order entry or market data will
                                               the Exchange will route any order that                   Affiliated Exchanges’’).10 In the context             remain liable for the applicable Physical
                                               was intended to be routed to the NYSE                    of the Merger, the BGM Affiliated                     Connectivity Fees as set forth in the Fee
                                               or NYSE MKT to NYSE Arca and the                         Exchanges migrated EDGX and EDGA                      Schedule and charged by each BGM
                                               Exchange’s System will identify such                     onto the BATS technology platform,                    Affiliated Exchange. Currently, the
                                               trades as being executed on NYSE Arca,                   which was completed in January 2015.                  Exchange and EDGA charge $500 per
                                               not the NYSE or NYSE MKT. Because                        Under the BATS technology platform,                   month a 1 Gb Copper connection,
                                               the executions occurred on NYSE Arca,                    the Exchange is now able to delineate                 $1,000 per month for a 1 Gb Fiber
                                               NYSE Arca will charge BATS Trading                       orders yield fee code 5 that added from               connection, and $2,000 per month for a
                                               their applicable fee or rebate, and BATS                 those that removed liquidity for                      10 Gb Fiber connection. BZX and BYX
                                               Trading will pass through that fee or                    purposes of determining whether a                     currently charge $1,000 per month for a
                                               rebate to the Exchange who would, in                     Member satisfies a certain tier.                      1 Gb physical port at the BZX or BYX
                                               turn, pass that rate along to its Members.               Therefore, the Exchange proposes to                   primary of secondary data center,
                                               Therefore, the Exchange proposes to add                  amend footnote 10 to state that a                     $2,000 per month for a 1 Gb physical
                                               a bullet to its Fee Schedule stating that                Member’s monthly volume attributed to                 port at any other data center where BZX
                                               fee codes applicable to orders routed to                 fee code 5 will be allocated accordingly              or BYX maintain a point-to-point
                                               NYSE Arca will be applied to orders                      between the added fee codes and                       presence (‘‘PoP’’), $2,500 per month for
                                               routed to the NYSE or NYSE MKT                           removal fee codes when determining                    a 10 Gb physical port at the BZX or BYX
                                               where, pursuant to NYSE and NYSE                         whether that Member satisfied a certain               primary of secondary data center; and
                                               MKT Rule 49, the NYSE or NYSE MKT                        tier.                                                 $5,000 per month for a 10 Gb physical
                                               have designated NYSE Arca as their                                                                             port at any other data center where BZX
                                               backup facility to receive and process                   ConnectEdge
                                                                                                                                                              or BYX maintain a PoP.
                                               bids and offers and to execute orders on                    The Exchange proposes to amend the                    ConnectEdge also allows participants
                                               behalf of the NYSE or NYSE MKT.                          fees related to the use of ConnectEdge                to receive market data feeds from
                                                                                                        by: (i) Adopting a fee of $250 per month              exchanges connected to the Exchange’s
                                               Identifying Rebates in Footnotes 1, 2,
                                                                                                        for receipt of Nasdaq Glimpse; and (ii)               network. In such case, the Member
                                               and 4
                                                                                                        provide access to market data and order               would pay the Exchange a connectivity
                                                 The Exchange proposes to amend                         entry for the BGM Affiliated Exchanges                fee, which varies and is based solely on
                                               footnotes 1, 2, and 4 to place the amount                at no charge. ConnectEdge is a                        the amount of bandwidth required to
                                               of each rebate in parentheses. The                       communication and routing service that                transmit the selected data product to the
                                               Exchange notes that rebates listed                       provides Members an additional means                  Member. The proposed connectivity
                                               elsewhere in the Fee Schedule are                        to receive market data from and route                 fees range from $100 to $3,500 based on
                                               identified by parentheses. Doing so                      orders to any destination connected to                the market data product the vendor
                                               within footnotes 1, 2, and 4 would align                 the Exchange’s network. ConnectEdge                   selects. The Exchange currently charges
                                               the identification of rebates in these                   does not affect trade executions and                  $1,300 per month for BZX PITCH
                                               footnotes with the way rebates are                       would not report trades to the relevant
                                               identified elsewhere in the Fee                          Securities Information Processor. The                   11 This service is an alternative to a service that

                                               Schedule.                                                servers of the Member need not be                     the Exchange already provides to its Members—
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                                                                                                                                                              current order-sending Members route orders
                                                                                                        located in the same facilities as the                 through access provided by the Exchange to the
                                               Symbol Program to receive a rebate of $0.00040 per                                                             Exchange that either check the Exchange for
                                                                                                           9 See Securities Exchange Act Release No. 73782
                                               share, its rate for Flag RN will not change. The                                                               available liquidity and then route to other
                                               Exchange further notes that, due to billing system       (December 8, 2014), 79 FR 73916 (December 12,         destinations or, in certain circumstances, bypass the
                                               limitations that do not allow for separate rates by      2014) (SR–EDGX–2014–32).                              Exchange and route to other destinations. See
                                               tape, it will pass through the rebate of $0.000150          10 See Securities Exchange Act Release No. 71449   Exchange Rule 11.9(b)(2) (setting forth routing
                                               per share for all Tapes A, B & C securities that yield   (January 30, 2014), 79 FR 6961 (February 5, 2014)     options whereby Members may select their orders
                                               fee code RN.                                             (SR–EDGX–2013–43; SR–EDGA–2013–34).                   be routed to other market centers).



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                                                                             Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices                                              13653

                                               Multicast, $250 per month for BZX                       to be reasonable and equitably allocated               securities not included in Nasdaq’s
                                               PITCH Spin Server, $350 per month for                   to Members.                                            Select Symbol Program when it does not
                                               BYX Pitch Multicast, $250 per month                                                                            qualify for a volume tiered rebate. When
                                                                                                       Fee Code A
                                               for BYX Spin Server, $1,000 per month                                                                          BATS Trading routes to Nasdaq using
                                               for BZX Options Pitch, and $500 per                        The Exchange believes that its                      the ROOC routing strategy, it is rebated
                                               month for EDGA or EDGX.12 The                           proposal to decrease the pass through                  a standard rate of $0.00150 per share for
                                               Exchange proposes to provide access to                  rebate for Members’ orders that yield fee              Tape C securities that are not included
                                               each of these market data products at no                code A from $0.00150 to $0.00040 per                   in Nasdaq’s Select Symbol Program.18
                                               charge. Members would pay any fees                      share represents an equitable allocation               Therefore, the Exchange believes to
                                               charged by the BGM Affiliated Exchange                  of reasonable dues, fees, and other                    provide proposed fee code RN a rebate
                                               providing the market data feed directly                 charges among Members and other                        of $0.00150 per share is equitable and
                                               to that exchange.                                       persons using its facilities. Prior to                 reasonable because it accounts for
                                                  The Exchange also proposes to adopt                  Nasdaq’s Select Symbol Program,                        pricing on Nasdaq and allows the
                                               a fee of $250 per month for market data                 Nasdaq provided BATS Trading a rebate                  Exchange to charge its Members a pass-
                                               connectivity to Nasdaq Glimpse. Nasdaq                  of $0.00150 per share for orders yielding              through rate for orders that are routed to
                                               Glimpse is a point-to-point data feed                   fee code A, which BATS Trading passed                  Nasdaq using the ROOC routing
                                               connection that provides direct data                    through to the Exchange and the                        strategy. The Exchange further notes
                                               feed customers with the current state of                Exchange passed through to its                         that, due to billing system limitations
                                               the Nasdaq execution systems with full                  Members. In January 2015, Nasdaq                       that do not allow for separate rates by
                                               market participant attribution.13 The                   decreased the standard rebate it                       security for those included in Nasdaq’s
                                               proposed fee is designed to reflect the                 provides its customers, such as BATS                   Select Symbol Program, it will pass
                                               amount of bandwidth required to                         Trading, from a rebate of $0.00150 per                 through the rebate of $0.00150 per share
                                               transmit the Nasdaq Glimpse to the                      share to a rebate of $0.00040 per share                for all Tapes A, B & C securities routed
                                               Member. Participants would pay any                      for orders that are routed to Nasdaq in                to Nasdaq yielding fee code RN. The
                                               fees charged by Nasdaq for Nasdaq                       symbols included in its Select Symbol                  Exchange notes that routing through
                                               Glimpse directly to Nasdaq.                             Program.17 Therefore, the Exchange                     BATS Trading is voluntary. Lastly, the
                                                                                                       believes that the proposed change in fee               Exchange also believes that the
                                               Implementation Date                                     code A from a rebate of $0.00150 per                   proposed amendment is non-
                                                 The Exchange proposes to implement                    share to a rebate of $0.00040 per share                discriminatory because it applies
                                               these amendments to its Fee Schedule                    is equitable and reasonable because it                 uniformly to all Members.
                                               on March 2, 2015.14                                     accounts for the pricing changes on
                                                                                                       Nasdaq. In addition, the proposal allows               NYSE and NYSE MKT Rule 49
                                               2. Statutory Basis                                      the Exchange to continue to charge its                    The Exchange believes that adding a
                                                  The Exchange believes that the                       Members a pass-through rate for orders                 bullet under the General Notes section
                                               proposed rule change is consistent with                 that are routed to Nasdaq. The Exchange                of the Fee Schedule to describe the rates
                                               the objectives of Section 6 of the Act,15               further notes that, due to billing system              that would apply where the NYSE or
                                               in general, and furthers the objectives of              limitations that do not allow for                      NYSE MKT declare an emergency
                                               Section 6(b)(4),16 in particular, as it is              separate rates by security for those                   condition under their Rule 49 is
                                               designed to provide for the equitable                   included in Nasdaq’s Select Symbol                     reasonable because it is designed to
                                               allocation of reasonable dues, fees and                 Program, it will pass through the lesser               provide greater transparency to
                                               other charges among its Members and                     rebate of $0.00040 per share for all                   Members by describing which rates
                                               other persons using its facilities. The                 Tapes A, B & C securities routed to                    would apply in such circumstances. In
                                               Exchange also notes that it operates in                 Nasdaq. The Exchange notes that                        the case when NYSE or NYSE MKT
                                               a highly-competitive market in which                    routing through BATS Trading is                        invoke their Rule 49, the Exchange will
                                               market participants can readily direct                  voluntary. Lastly, the Exchange also                   route any order that was intended for
                                               order flow to competing venues if they                  believes that the proposed amendment                   the NYSE or NYSE MKT to NYSE Arca
                                               deem fee levels at a particular venue to                is non-discriminatory because it applies               and the Exchange’s System will identify
                                               be excessive. The proposed rule change                  uniformly to all Members.                              such trades as being executed on NYSE
                                               reflects a competitive pricing structure                                                                       Arca, not the NYSE or NYSE MKT.
                                                                                                       Fee Code RN                                            Because the executions occurred on
                                               designed to incent market participants
                                                                                                          The Exchange believes its proposal to               NYSE Arca, NYSE Arca will charge
                                               to direct their order flow to the
                                                                                                       adopt new fee code RN, which would be                  their applicable fee or rebate. The
                                               Exchange. The Exchange believes that
                                                                                                       applied to orders routed to Nasdaq                     proposed bullet is intended to make
                                               the proposed rates are equitable and
                                                                                                       using the ROOC routing strategy that                   clear within the Fee Schedule which
                                               non-discriminatory in that they apply
                                                                                                       add liquidity, represents an equitable                 rate would apply where the NYSE or
                                               uniformly to all Members. The
                                                                                                       allocation of reasonable dues, fees, and               NYSE MKT invoke their emergency
                                               Exchange believes the fees and credits
                                                                                                       other charges among Members and other                  powers under their Rule 49, thereby
                                               remain competitive with those charged
                                                                                                       persons using its facilities because the               eliminating potential investor
                                               by other venues and therefore continue
                                                                                                       Exchange does not levy additional fees                 confusion, removing impediments to
                                                  12 Market data connectivity to EDGA and EDGX
                                                                                                       or offer additional rebates for orders that            and perfecting the mechanism of a free
                                               is free if the Member’s connection if within the        it routes to Nasdaq through BATS                       and open market and a national market
                                                                                                       Trading using the ROOC routing                         system, and, in general, protecting
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                                               Equinix facilities in Secaucus, New Jersey.
                                                  13 See http://www.nasdaqomx.com/transactions/        strategy. Proposed fee code RN                         investors and the public interest. The
                                               marketdata/europeanproducts/data-feeds/glimpse          represents a pass through of the rate that             Exchange notes that routing through
                                               for a description of Nasdaq Glimpse.
                                                  14 The date of the EDGX Fee Schedule was
                                                                                                       BATS Trading, the Exchange’s affiliated                BATS Trading is voluntary. Lastly, the
                                               previously amended to March 2, 2015 in SR–              routing broker-dealer, is rebated for                  Exchange also believes that the
                                               EDGX–2015–12 filed on February 26, 2015.                routing orders to Nasdaq in certain                    proposed amendment is non-
                                                  15 15 U.S.C. 78f.
                                                  16 15 U.S.C. 78f(b)(4).                                17 See   supra note 6.                                 18 See   supra note 8.



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                                               13654                         Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices

                                               discriminatory because it applies                       ConnectEdge                                            Exchange nor Members are required by
                                               uniformly to all Members.                                  The Exchange believes its proposal to               any rule or regulation to make this
                                                                                                       amend fees for the use of ConnectEdge                  product available. Accordingly,
                                               Identifying Rebates in Footnotes 1, 2,
                                                                                                       is consistent with Section 6(b)(4) of the              Members can discontinue use at any
                                               and 4
                                                                                                       Act,19 in that it provides for the                     time and for any reason, including due
                                                  The Exchange believes that amending                                                                         to an assessment of the reasonableness
                                                                                                       equitable allocation of reasonable dues,
                                               footnotes 1, 2, and 4 to place the amount                                                                      of fees charged. Moreover, the Exchange
                                                                                                       fees and other charges among members
                                               of each rebate in parentheses is                                                                               believes the proposed fees are
                                                                                                       and other persons using its facilities.
                                               reasonable because it is designed to                                                                           reasonable and equitable because they
                                                                                                       The Exchange charges a connectivity fee
                                               provide greater transparency to                                                                                are based on the Exchange’s costs to
                                                                                                       to Members utilizing ConnectEdge to
                                               Members by aligning the identification                                                                         cover the amount of bandwidth required
                                                                                                       route orders to or receive market data
                                               of rebates in these footnotes with the                                                                         to provide connectivity to Nasdaq
                                                                                                       from other exchanges and market
                                               way rebates are identified elsewhere in                                                                        Glimpse. The proposed fees allow the
                                                                                                       centers that are connected to the
                                               the Fee Schedule. The Exchange notes                                                                           Exchange to recoup this cost, while
                                                                                                       Exchange’s network, the amounts of
                                               that this change is not designed to                                                                            providing Members with an alternative
                                                                                                       which vary based solely on the amount
                                               amend any rebate, nor alter the manner                                                                         means to connect to Nasdaq Glimpse.
                                                                                                       of bandwidth selected by the Member or
                                               in which it calculates rebates. This non-                                                                      The Exchange believes that the
                                                                                                       required to transmit the market data.
                                               substantive change to the Fee Schedule                                                                         proposed fees are reasonable and
                                                                                                       The BGM Affiliated Exchanges are
                                               is intended to make the Fee Schedule                                                                           equitable in that they reflect the costs
                                                                                                       currently located in different data
                                               clearer and less confusing for investors                                                                       and the benefit of providing alternative
                                                                                                       centers and the Exchange is in the
                                               and eliminate potential investor                                                                               connectivity.
                                                                                                       process of transitioning itself and its
                                               confusion, thereby removing
                                                                                                       affiliates into a single data center.                    Lastly, the Exchange also believes that
                                               impediments to and perfecting the
                                                                                                       Members currently located in a different               the proposed amendments to its fee
                                               mechanism of a free and open market
                                                                                                       data center than one of the BGM                        schedule are non-discriminatory
                                               and a national market system, and, in
                                                                                                       Affiliated Exchanges may utilize                       because they will apply uniformly to all
                                               general, protecting investors and the
                                               public interest.                                        ConnectEdge to connect to that BGM                     Members. All Members that voluntarily
                                                                                                       Affiliated Exchange and would be                       select various service options will be
                                               Footnote 10                                             subject to the applicable ConnectEdge                  charged the same amount for the same
                                                  The Exchange believes proposed                       fees. The Exchange has notified                        services. All Members have the option
                                               footnote 10 stating that a Member’s                     Members that is it is migrating the BGM                to select any connectivity option, and
                                               monthly volume attributed to fee code                   Affiliated Exchange into a single data                 there is no differentiation among
                                               5 will be allocated accordingly between                 center and many of those Members are                   Members with regard to the fees charged
                                               the added fee codes and removal fee                     already located in that data center or                 for the service.
                                               codes when determining whether that                     may elect to establish a presence in that
                                                                                                                                                              B. Self-Regulatory Organization’s
                                               Member satisfied a certain tier                         data center. In the interim, the Exchange
                                                                                                                                                              Statement on Burden on Competition
                                               represents an equitable allocation of                   proposes to charge no fee for the use of
                                               reasonable dues, fees, and other charges.               ConnectEdge to access the BGM                            The Exchange believes its proposed
                                               Footnote 10 initially divided a                         Affiliated Exchange as an                              amendments to its Fee Schedule would
                                               Member’s fee code 5 volume as such                      accommodation to Members pending                       not impose any burden on competition
                                               because fee code 5 includes both added                  the migration. Once the migration is                   that is not necessary or appropriate in
                                               and removed liquidity and the                           complete, it will not be necessary for a               furtherance of the purposes of the Act.
                                               Exchange’s systems could not delineate                  ConnectEdge subscriber to pay an                       The Exchange does not believe that the
                                               orders yielding fee code 5 that added                   additional fee for order entry or receipt              proposed change represents a significant
                                               from those that removed liquidity                       of market data from the Exchange or of                 departure from previous pricing offered
                                               purposes of determining whether a                       its affiliates if located in the same data             by the Exchange or pricing offered by
                                               Member satisfies a certain tier. Under                  center over and above the connectivity                 the Exchange’s competitors.
                                               the BATS technology platform, the                       fees currently charged.20 Therefore, the               Additionally, Members may opt to
                                               Exchange is now able to delineate                       Exchange believes it is reasonable and                 disfavor the Exchange’s pricing if they
                                               orders yield fee code 5 that added from                 equitable to charge no fee for the use of              believe that alternatives offer them
                                               those that removed liquidity for                        ConnectEdge to access the BGM                          better value. Accordingly, the Exchange
                                               purposes of determining whether a                       Affiliated Exchanges during this                       does not believe that the proposed
                                               Member satisfies a certain tier.                        transitional period.                                   change will impair the ability of
                                               Therefore, the Exchange believes                           The Exchange also believes that its fee             Members or competing venues to
                                               amending footnote 10 to state that a                    of $250 per month for market data                      maintain their competitive standing in
                                               Member’s monthly volume attributed to                   connectivity to Nasdaq Glimpse is                      the financial markets.
                                               fee code 5 will be allocated accordingly                consistent with Section 6(b)(4) of the
                                                                                                       Act,21 in that it provides for the                     Fee Code A
                                               between the added fee codes and
                                               removal fee codes is reasonable because                 equitable allocation of reasonable dues,                 The Exchange believes that its
                                               it would provide Members an accurate                    fees and other charges among members                   proposal to pass through a rebate of
                                               understanding of how their orders                       and other persons using its facilities.                $0.00040 per share for Members’ orders
                                               yielding fee code 5 would be allocated                  ConnectEdge is offered and purchased                   that yield fee code A would increase
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                                               amongst added and removed volume for                    on a voluntary basis, in that neither the              intermarket competition because it
                                               purposes of determining whether they                                                                           offers customers an alternative means to
                                                                                                         19 15 U.S.C. 78f(b)(4).
                                               satisfied a certain tier. Lastly, the                                                                          route to Nasdaq for a similar rate as
                                                                                                         20 Similarly, the Exchange notes that it currently
                                               Exchange also believes that the                                                                                entering orders in certain symbols on
                                                                                                       charges no fee to Member’s utilizing ConnectEdge
                                               proposed amendment is non-                              to connect to the Exchange and EDGA if located in      Nasdaq directly. The Exchange believes
                                               discriminatory because it applies                       the same data center.                                  that its proposal would not burden
                                               uniformly to all Members.                                 21 15 U.S.C. 78f(b)(4).                              intramarket competition because the


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                                                                             Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices                                             13655

                                               proposed rate would apply uniformly to                  Exchange because they would have                      unsolicited written comments from
                                               all Members.                                            certainty as to how their orders will be              Members or other interested parties.
                                                                                                       allocated when determining whether
                                               Fee Code RN                                                                                                   III. Date of Effectiveness of the
                                                                                                       that Member qualified for a certain
                                                  The Exchange believes that its                                                                             Proposed Rule Change and Timing for
                                                                                                       pricing tier. The Exchange believes that
                                               proposal to add fee code RN for orders                                                                        Commission Action
                                                                                                       its proposal would neither increase nor
                                               that route to Nasdaq using the ROOC                     decrease intramarket competition                         The foregoing rule change has become
                                               routing strategy and pass through a                     because the fee code 5 and footnote 10                effective pursuant to Section 19(b)(3)(A)
                                               rebate of $0.00150 per share to Members                 would continue to apply uniformly to                  of the Act 22 and paragraph (f) of Rule
                                               would increase intermarket competition                  all Members.                                          19b–4 thereunder.23 At any time within
                                               because it offers customers an                                                                                60 days of the filing of the proposed rule
                                               alternative means to route orders to                    ConnectEdge                                           change, the Commission summarily may
                                               Nasdaq to participate in their opening,                    The Exchange does not believe that                 temporarily suspend such rule change if
                                               re-opening or closing process for a                     the proposed rule change will result in               it appears to the Commission that such
                                               similar rate as entering orders in certain              any burden on competition that is not                 action is necessary or appropriate in the
                                               symbols on Nasdaq directly. The                         necessary or appropriate in furtherance               public interest, for the protection of
                                               Exchange believes that its proposal                     of the purposes of the Act. The                       investors, or otherwise in furtherance of
                                               would not burden intramarket                            proposed rule change is designed to                   the purposes of the Act.
                                               competition because the proposed rate                   accommodate Members while the
                                                                                                       Exchange migrates itself and its                      IV. Solicitation of Comments
                                               would apply uniformly to all Members.
                                                                                                       affiliates into a single data center. Once              Interested persons are invited to
                                               NYSE and NYSE MKT Rule 49                               that migration is complete it will not be             submit written data, views, and
                                                  The Exchange believes that adding a                  necessary for a ConnectEdge subscriber                arguments concerning the foregoing,
                                               bullet under the General Notes section                  to pay an additional fee for order entry              including whether the proposed rule
                                               of the Fee Schedule to describe which                   or receipt of market data from the                    change is consistent with the Act.
                                               rates that would apply where the NYSE                   Exchange or of its affiliates over and                Comments may be submitted by any of
                                               or NYSE MKT declare an emergency                        above the connectivity fees currently                 the following methods:
                                               condition under their Rule 49 would not                 charged. The Exchange believes that
                                                                                                       charging no fee during this for the use               Electronic Comments
                                               affect intermarket nor intramarket
                                               competition because none of these                       of ConnectEdge to access the Exchange                   • Use the Commission’s Internet
                                               changes are designed to amend any                       or its affiliates during this transitional            comment form (http://www.sec.gov/
                                               rebate or alter the manner in which the                 period will not result in any burden on               rules/sro.shtml); or
                                               Exchange calculates rebates. This                       competition that is not necessary or                    • Send an email to rule-comments@
                                               change is not designed to have a                        appropriate because Members will                      sec.gov. Please include File Number SR–
                                               competitive impact. Rather, it is                       remain liable for the applicable Physical             EDGX–2015–13 on the subject line.
                                               intended to make clear to Members and                   Connectivity Fees charged by each BGM                 Paper Comments
                                               investors within the Fee Schedule                       Affiliated Exchange. The Exchange
                                               which rate would apply where the                        believes that its proposal would neither                • Send paper comments in triplicate
                                               NYSE or NYSE MKT invoke their                           increase nor decrease intramarket                     to Secretary, Securities and Exchange
                                               emergency powers under their Rule 49,                   competition because it would apply                    Commission, 100 F Street NE.,
                                               thereby eliminating potential investor                  uniformly to all Members.                             Washington, DC 20549–1090.
                                               confusion.                                                 The Exchange also believes the                     All submissions should refer to File
                                                                                                       proposed connectivity fee for Nasdaq                  Number SR–EDGX–2015–13. This file
                                               Identifying Rebates in Footnotes 1, 2,                  Glimpse will not result in any burden                 number should be included on the
                                               and 4                                                   on completion. The proposed rule                      subject line if email is used. To help the
                                                  The Exchange believes that amending                  change is designed to provide Members                 Commission process and review your
                                               footnotes 1, 2, and 4 to place the amount               with an alternative means to access                   comments more efficiently, please use
                                               of each rebate in parentheses would not                 Nasdaq Glimpse if they choose or in the               only one method. The Commission will
                                               affect intermarket nor intramarket                      event of a market disruption where                    post all comments on the Commission’s
                                               competition because none of these                       other alternative connection methods                  Internet Web site (http://www.sec.gov/
                                               changes are designed to amend any                       become unavailable. ConnectEdge is not                rules/sro.shtml). Copies of the
                                               rebate or alter the manner in which the                 the exclusive method to connect to                    submission, all subsequent
                                               Exchange calculates rebates. This                       Nasdaq Glimpse and Members may                        amendments, all written statements
                                               change is intended to make the Fee                      utilize alternative methods to connect to             with respect to the proposed rule
                                               Schedule clearer and less confusing for                 the product if they believe the                       change that are filed with the
                                               investors and eliminate potential                       Exchange’s proposed pricing is                        Commission, and all written
                                               investor confusion by providing greater                 unreasonable or otherwise. Therefore,                 communications relating to the
                                               clarity to Members with regard to how                   the Exchange does not believe the                     proposed rule change between the
                                               the Exchange calculates rebates.                        proposed rule change will have any                    Commission and any person, other than
                                                                                                       effect on competition.                                those that may be withheld from the
                                               Footnote 10
                                                                                                                                                             public in accordance with the
                                                 The Exchange believes that amending                   C. Self-Regulatory Organization’s
                                                                                                                                                             provisions of 5 U.S.C. 552, will be
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                                               footnote 10 to reflect current system                   Statement on Comments on the
                                                                                                                                                             available for Web site viewing and
                                               functionality that orders yielding fee                  Proposed Rule Change Received From
                                                                                                                                                             printing in the Commission’s Public
                                               code 5 will be allocated accordingly                    Members, Participants, or Others
                                                                                                                                                             Reference Room, 100 F Street NE.,
                                               amongst added fee codes and removal                       The Exchange has not solicited, and                 Washington, DC 20549, on official
                                               fee codes would increase intermarket                    does not intend to solicit, comments on
                                               competition because it would encourage                  this proposed rule change. The                          22 15   U.S.C. 78s(b)(3)(A).
                                               Members to direct their orders to the                   Exchange has not received any                           23 17   CFR 240.19b–4(f).



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                                               13656                             Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices

                                               business days between the hours of                       Members 5 of the Exchange pursuant to                   priced below $1.00. The Exchange
                                               10:00 a.m. and 3:00 p.m. Copies of the                   EDGX Rule 15.1(a) and (c) (‘‘Fee                        proposes to reformat the description of
                                               filing also will be available for                        Schedule’’) related to the fees charged                 fee code MM using numbers (1) through
                                               inspection and copying at the principal                  and rebates provided for executions                     (3) to better delineate each transaction
                                               office of the Exchange. All comments                     occurring at the midpoint of the                        to which the fee code is applied.
                                               received will be posted without change;                  National Best Bid or Offer (‘‘NBBO’’) by:                  Pursuant to footnote 11 of the Fee
                                               the Commission does not edit personal                    (i) Amending the descriptions of fee                    Schedule, an order with a Non-
                                               identifying information from                             codes MM and MT; and (ii) adopting                      Displayed instruction will receive fee
                                               submissions. You should submit only                      new fee code AM.                                        code MM where it executes against an
                                               information that you wish to make                           The text of the proposed rule change                 order that receives fee code MT, as
                                               available publicly. All submissions                      is available at the Exchange’s Web site                 discussed below. The Exchange
                                               should refer to File Number SR–EDGX–                     at www.batstrading.com, at the                          proposes to amend footnote 11 to
                                               2015–13, and should be submitted on or                   principal office of the Exchange, and at                specifically state that an order with a
                                               before April 6, 2015.                                    the Commission’s Public Reference                       Non-Displayed instruction that adds
                                                                                                        Room.                                                   liquidity at the midpoint of the NBBO
                                                 For the Commission, by the Division of
                                               Trading and Markets, pursuant to delegated                                                                       will only receive fee code MM where it
                                                                                                        II. Self-Regulatory Organization’s
                                               authority.24                                                                                                     receives price improvement relative to
                                                                                                        Statement of the Purpose of, and
                                               Brent J. Fields,                                                                                                 its limit price (in contrast to an order
                                                                                                        Statutory Basis for, the Proposed Rule
                                               Secretary.
                                                                                                                                                                receiving fee code AM, as proposed
                                                                                                        Change
                                                                                                                                                                below). Footnote 11 also currently lists
                                               [FR Doc. 2015–05860 Filed 3–13–15; 8:45 am]                 In its filing with the Commission, the               the three types of orders against which
                                               BILLING CODE 8011–01–P                                   Exchange included statements                            an order with a Non-Displayed
                                                                                                        concerning the purpose of and basis for                 instruction will execute that results in
                                                                                                        the proposed rule change and discussed                  fee code MM for such order, including
                                               SECURITIES AND EXCHANGE                                  any comments it received on the
                                               COMMISSION                                                                                                       orders with a Hide Not Slide instruction
                                                                                                        proposed rule change. The text of these                 (as well as MidPoint Match Orders and
                                               [Release No. 34–74463; File No. SR–EDGX–                 statements may be examined at the                       orders with a Non-Displayed and Post
                                               2015–12]                                                 places specified in Item IV below. The                  Only instruction). The Exchange
                                                                                                        Exchange has prepared summaries, set                    proposes to specify in footnote 11 that
                                               Self-Regulatory Organizations; EDGX                      forth in sections A, B, and C below, of                 an order with a Non-Displayed
                                               Exchange, Inc.; Notice of Filing and                     the most significant parts of such                      instruction executing against an order
                                               Immediate Effectiveness of a Proposed                    statements.                                             with a Hide Not Slide instruction will
                                               Rule Change Related to Fees for Use
                                                                                                        A. Self-Regulatory Organization’s                       receive fee code MM if the order with
                                               of EDGX Exchange, Inc.
                                                                                                        Statement of the Purpose of, and the                    a Hide Not Slide instruction receives fee
                                               March 10, 2015.                                          Statutory Basis for, the Proposed Rule                  code MT because it also contains a Post
                                                  Pursuant to section 19(b)(1) of the                   Change                                                  Only instruction 9 and the difference
                                               Securities Exchange Act of 1934 (the                                                                             between the NBB and NBO is $0.01. The
                                                                                                        1. Purpose                                              applicability of fee code MT to such
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               notice is hereby given that on February                     The Exchange proposes to amend its                   orders with a Hide Not Slide instruction
                                               26, 2015, EDGX Exchange, Inc. (the                       Fee Schedule related to the fees charged                is described in further detail below and
                                               ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                 and rebates provided for executions                     in proposed footnote 13. As described
                                               Securities and Exchange Commission                       occurring at the midpoint of the NBBO                   below, the Exchange proposes an update
                                               (‘‘Commission’’) the proposed rule                       by: (i) Amending the descriptions of fee                to footnote 3, which relates to a volume
                                               change as described in Items I, II and III               codes MM and MT; and (ii) adopting                      tier for orders that receive fee code MM,
                                               below, which Items have been prepared                    new fee code AM.                                        and to append footnote 3 to fee code
                                               by the Exchange. The Exchange has                        Fee Code MM                                             MM, as this is the fee code to which the
                                               designated the proposed rule change as                                                                           footnote pertains.
                                               one establishing or changing a member                       Fee code MM is applied to orders that                   Neither the proposed changes to fee
                                               due, fee, or other charge imposed by the                 add liquidity at the midpoint of the                    code MM nor the proposed changes to
                                               Exchange under section 19(b)(3)(A)(ii)                   NBBO using: (i) A MidPoint Match                        footnotes 3 and 11 are intended to
                                               of the Act 3 and Rule 19b–4(f)(2)                        Order; 6 (ii) an order with a Hide Not                  amend the amount of the fees charged,
                                               thereunder,4 which renders the                           Slide instruction; 7 or (iii) an order with             the amount of the rebate provided or the
                                                                                                        a Non-Displayed instruction.8 Orders                    transactions to which fee code MM is
                                               proposed rule change effective upon
                                                                                                        yielding fee code MM are charged a fee                  applied. The proposed changes are
                                               filing with the Commission. The
                                                                                                        of $0.0012 per share in securities priced               intended to clearly delineate the
                                               Commission is publishing this notice to
                                                                                                        at $1.00 or above and receive a rebate                  transactions to which fee code MM may
                                               solicit comments on the proposed rule
                                                                                                        of $0.00003 per share in securities                     be applied when adding liquidity at the
                                               change from interested persons.
                                                                                                                                                                midpoint of the NBBO.
                                               I. Self-Regulatory Organization’s                          5 The term ‘‘Member’’ is defined as ‘‘any

                                               Statement of the Terms of Substance of                   registered broker or dealer, or any person associated   Fee Code MT
                                                                                                        with a registered broker or dealer, that has been
                                               the Proposed Rule Change                                 admitted to membership in the Exchange. A                 Fee code MT is applied to orders that
                                                                                                                                                                remove liquidity at the midpoint of the
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                                                  The Exchange filed a proposal to                      Member will have the status of a ‘‘member’’ of the
                                                                                                        Exchange as that term is defined in section 3(a)(3)     NBBO using: (i) A MidPoint Match
                                               amend its fees and rebates applicable to                 of the Act.’’ See Exchange Rule 1.5(n).
                                                                                                          6 See Rule 11.8(d) for a description of MidPoint
                                                                                                                                                                Order; (ii) an order with a Hide Not
                                                 24 17 CFR 200.30–3(a)(12).                             Match Orders.                                           Slide instruction; or (iii) an order with
                                                 1 15 U.S.C. 78s(b)(1).                                   7 See Rule 11.6(l)(1)(B) for a description of the     a Non-Displayed and Post Only
                                                 2 17 CFR 240.19b–4.
                                                                                                        Hide Not Slide instruction.
                                                 3 15 U.S.C. 78s(b)(3)(A)(ii).                            8 See Rule 11.6(e)(2) for a description of the Non-    9 See Rule 11.6(n)(4) for a description of the Post
                                                 4 17 CFR 240.19b–4(f)(2).                              Displayed instruction.                                  Only instruction.



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Document Created: 2018-02-21 09:37:36
Document Modified: 2018-02-21 09:37:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 13651 

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