80_FR_14243 80 FR 14191 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of BATS Exchange, Inc.

80 FR 14191 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of BATS Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 52 (March 18, 2015)

Page Range14191-14193
FR Document2015-06124

Federal Register, Volume 80 Issue 52 (Wednesday, March 18, 2015)
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14191-14193]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06124]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74484; File No. SR-BATS-2015-20]


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

March 12, 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, BATS Exchange, Inc. (the

[[Page 14192]]

``Exchange'' or ``BATS'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change as described in 
Items I, II and III below, which Items have been prepared by the 
Exchange. The Exchange has designated the proposed rule change as one 
establishing or changing a member due, fee, or other charge imposed by 
the Exchange under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-
4(f)(2) thereunder,\4\ which renders the proposed rule change effective 
upon filing with the Commission. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable 
to Members \5\ and non-members of the Exchange pursuant to BATS Rules 
15.1(a) and (c). Changes to the fee schedule pursuant to this proposal 
are effective upon filing.
---------------------------------------------------------------------------

    \5\ The term ``Member'' is defined as ``any registered broker or 
dealer that has been admitted to membership in the Exchange.'' See 
Exchange Rule 1.5(n).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
Sections A, B, and C below, of the most significant parts of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to modify the ``Options Pricing'' section of 
its fee schedule effective immediately, in order to modify pricing 
charged by the Exchange's options platform (``BATS Options'') including 
adjusting the rebates associated with Customer Penny Pilot Add Volume 
Tier 1 and Professional and Firm Penny Pilot Add Volume Tiers 1 and 2, 
as further described below.
    The Exchange proposes to adjust the rebate for Customer \6\ orders 
in Penny Pilot Securities \7\ that add liquidity and meet Customer Add 
Volume Tier 1 from $0.45 per contract to $0.40 per contract. Currently, 
the Exchange offers a $0.45 rebate for Customer orders that add 
liquidity and meet Customer Add Volume Tier 1, which requires that the 
Member has an ADV \8\ equal to or greater than 0.05% of average TCV.\9\ 
The Exchange notes that such change will be reflected in both the 
Standard Rates table and the Customer Penny Pilot Add Tiers under 
footnote 1 of the fee schedule.
---------------------------------------------------------------------------

    \6\ ``Customer'' applies to any transaction identified by a 
Member for clearing in the Customer range at the Options Clearing 
Corporation (``OCC''), excluding any transaction for a 
``Professional'' as defined in Exchange Rule 16.1.
    \7\ ``Penny Pilot Securities'' are those issues quoted pursuant 
to Exchange Rule 21.5, Interpretation and Policy .01.
    \8\ ``ADV'' means average daily volume calculated as the number 
of contracts added or removed, combined, per day.
    \9\ ``TCV'' means total consolidated volume calculated as the 
volume reported by all exchanges to the consolidated transaction 
reporting plan for the month for which the fees apply, excluding 
volume on any day that the Exchange experiences an Exchange System 
Disruption and on any day with a scheduled early market close.
---------------------------------------------------------------------------

    The Exchange also proposes to adjust the rebate for Professional 
\10\ and Firm \11\ orders in Penny Pilot Securities that add liquidity 
and meet Professional/Firm Step-up Add Volume Tier 1 and Tier 2 from 
$0.44 per contract to $0.42 per contract. The Exchange currently offers 
a $0.44 rebate for Professional and Firm orders that add liquidity and 
meet Professional/Firm Step-Up Add Volume Tier 1 or Tier 2. Meeting 
Professional/Firm Step-up Add Volume Tier 1 requires that a Member has 
an Options Step-up Add TCV \12\ from June 2014 baseline that is equal 
to or greater than 0.50%. Meeting Professional/Firm Step-up Add Volume 
Tier 2 requires that a Member has an Options Step-up Add TCV from 
September 2014 baseline equal to or greater than 0.30% and an ADV equal 
to or greater than 0.40% of average TCV. The Exchange is not proposing 
to amend the requirements for meeting Professional/Firm Step-up Add 
Volume Tier 1 or Tier 2. The Exchange notes that such changes will be 
reflected in both the Standard Rates table and the Professional and 
Firm Penny Pilot Add Volume Tiers under footnote 2 of the fee schedule.
---------------------------------------------------------------------------

    \10\ ``Professional'' applies to any transaction identified by a 
Member as such pursuant to Exchange Rule 16.1.
    \11\ ``Firm'' applies to any transaction identified by a Member 
for clearing in the Firm range at the OCC.
    \12\ ``Options Step-up Add TCV'' means ADAV as a percentage of 
TCV in the relevant baseline month subtracted from current ADAV as a 
percentage of TCV.
---------------------------------------------------------------------------

    The Exchange proposes to implement the amendments to its fee 
schedule effective immediately.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of Section 6 of the Act.\13\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent with Section 6(b)(4) of the Act,\14\ in that it provides for 
the equitable allocation of reasonable dues, fees and other charges 
among members and other persons using any facility or system which the 
Exchange operates or controls. The Exchange notes that it operates in a 
highly competitive market in which market participants can readily 
direct order flow to competing venues if they deem fee levels to be 
excessive.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Volume-based rebates and fees such as the ones currently maintained 
on BATS Options have been widely adopted by equities and options 
exchanges and are equitable because they are open to all Members on an 
equal basis and provide additional benefits or discounts that are 
reasonably related to the value to an exchange's market quality 
associated with higher levels of market activity, such as higher levels 
of liquidity provision and/or growth patterns, and introduction of 
higher volumes of orders into the price and volume discovery processes. 
The Exchange believes the proposed reduction of the rebate for orders 
that add liquidity for Customers that meet Customer Add Volume Tier 1 
is a reasonable, fair and equitable, and not unfairly discriminatory 
allocation of fees and rebates because it will provide Members with a 
greater incentive to increase their participation on BATS Options in 
order to receive a higher rebate by meeting a higher Customer Add 
Volume Tier. Currently, the difference between the rebate received for 
orders that qualify for Customer Add Volume Tier 1 and those that 
qualify for Customer Add Volume Tier 2 is only $0.03 per contract, but 
as proposed, the difference would be $0.08 per contract.

[[Page 14193]]

As such, the Exchange believes that increasing the difference in the 
rebates between the tiers will act to incentivize Members to increase 
their ADV as a percentage of TCV to 0.30% in order to qualify for 
Customer Add Volume Tier 2 and receive a rebate of $0.48 per contract. 
Such increased participation on BATS Options will result in higher 
levels of liquidity provision and introduction of higher volumes of 
orders into the price and volume discovery processes, which will 
benefit all participants on BATS Options.
    The Exchange also believes that the proposed reduction of the 
rebates for Professional/Firm Step-up Add Volume Tier 1 and Tier 2 is a 
reasonable, fair and equitable, and not unfairly discriminatory 
allocation of fees and rebates because, as stated above, the Exchange's 
tiered pricing structure is designed such that fees and rebates are 
related to the value of market quality associated with higher levels of 
market activity, such as higher levels of liquidity provision and/or 
growth patterns, and introduction of higher volumes of orders into the 
price and volume discovery processes. As such, the Exchange believes 
that it is reasonable, fair, and equitable to lower the rebates 
associated with Professional/Firm Step-up Add Volume Tier 1 and Tier 2. 
In this same light, the Exchange notes that the proposed amendments 
would bring the rebate for Professional/Firm Step-up Add Volume Tier 1 
and Tier 2 in line with that of the Market Maker Add Volume Tier. The 
Exchange also notes that Professional and Firm orders can continue to 
receive further enhanced rebates through the NBBO Setter Tiers and that 
any order that qualifies for either Professional/Firm Step-Up Add 
Volume Tier 1 or Tier 2 will also qualify for NBBO Setter Tier 1 where 
the order sets the national best bid or offer.
    The Exchange reiterates 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 to be excessive.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. With respect to the proposed 
new rebates in Customer Add Volume Tier 1 and Professional/Firm Step-Up 
Tier 1 and Tier 2, the Exchange does not believe that any such changes 
burden competition, but instead, that they enhance competition, as they 
are intended to increase the competitiveness of and draw additional 
volume to BATS Options. As stated above, the Exchange notes that it 
operates in a highly competitive market in which market participants 
can readily direct order flow to competing venues if the deem fee 
structures to be unreasonable or excessive.

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 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 \15\ and paragraph (f) of Rule 19b-4 
thereunder.\16\ 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.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 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-BATS-2015-20 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BATS-2015-20. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BATS-2015-20 and should be 
submitted on or before April 8, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Brent J. Fields,
Secretary.
[FR Doc. 2015-06124 Filed 3-17-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices                                                  14191

                                                  As noted above, however, the                            involved in making the contribution                   the Rule’s effective date, March 14, 2011
                                                  Contributor did not disclose the                        which resulted in such prohibition to                 that are fully compliant with the Rule’s
                                                  Contribution to the Applicants and the                  obtain a return of the contribution; and              requirements. The Applicants further
                                                  Applicants had no knowledge of the                      (B) has taken such other remedial or                  note that the Advisers began developing
                                                  Contribution when the Contributor                       preventive measures as may be                         compliance testing that includes
                                                  received approval for the May 31, 2012                  appropriate under the circumstances;                  random searches of public campaign
                                                  contribution for the recall general                       (3) Whether, at the time of the                     databases for contributions by
                                                  election.                                               contribution, the contributor was a                   employees. The Applicants represent
                                                                                                          covered associate or otherwise an                     that at no time did any employees of the
                                                  Applicant’s Legal Analysis                              employee of the investment adviser, or                Advisers other than the Contributor
                                                     1. Rule 206(4)–5(a)(1) under the                     was seeking such employment;                          have any actual knowledge that the
                                                  Advisers Act prohibits a registered                       (4) The timing and amount of the                    Contribution had been made prior to its
                                                  investment adviser from providing                       contribution which resulted in the                    discovery by the Advisers in March
                                                  investment advisory services for                        prohibition;                                          2014. The Applicants further represent
                                                  compensation to a government entity                       (5) The nature of the election (e.g.,               that the Advisers and the Contributor
                                                  within two years after a contribution to                federal, state or local); and                         obtained the Official’s agreement to
                                                  an official of the government entity is                   (6) The contributor’s apparent intent               return the Contribution, which was
                                                  made by the investment adviser or any                   or motive in making the contribution                  subsequently returned, and the Advisers
                                                  covered associate of the investment                     which resulted in the prohibition, as                 established an escrow account for all
                                                  adviser. Each Client is a ‘‘government                  evidenced by the facts and                            fees attributable to the Clients’
                                                  entity,’’ as defined in rule 206(4)–5(f)(5),            circumstances surrounding such                        relationships with the Advisers accrued
                                                  the Contributor is a ‘‘covered associate’’              contribution.                                         between February 5, 2012 and February
                                                  as defined in rule 206(4)–5(f)(2), and the                4. The Applicants request an order                  26, 2014.
                                                  Official is an ‘‘official’’ as defined in               pursuant to section 206A and rule                       8. The Applicants state that the
                                                  rule 206(4)–5(f)(6). Rule 206(4)–5(c)                   206(4)–5(e), exempting them from the                  Contributor’s apparent intent in making
                                                  provides that when a government entity                  two-year prohibition on compensation                  the Contribution was not to influence
                                                  invests in a covered investment pool,                   imposed by rule 206(4)–5(a)(1) with                   the selection or retention of the
                                                  the investment adviser to that covered                  respect to investment advisory services               Advisers, and that the Contribution was
                                                  investment pool is treated as providing                 provided to the Clients within the two-               consistent with prior political donations
                                                  advisory services directly to the                       year period following the Contribution.               made by the Contributor in support of
                                                  government entity. The RICs and the                       5. The Applicants submit that the                   other candidates who share the political
                                                  Funds are ‘‘covered investment pools,’’                 exemption is necessary and appropriate                views of the Official.
                                                  as defined in rule 206(4)–5(f)(3).                      in the public interest and consistent                   9. The Applicants represent that the
                                                     2. Section 206A of the Advisers Act                  with the protection of investors and the              Contributor has had no direct contact or
                                                  grants the Commission the authority to                  purposes fairly intended by the policy                involvement with any of the Clients,
                                                  ‘‘conditionally or unconditionally                      and provisions of the Act. The                        and that the Contributor’s only indirect
                                                  exempt any person or transaction . . .                  Applicants further submit that the other              involvement with one of the Clients was
                                                  from any provision or provisions of [the                factors set forth in Rule 206(4)–5                    through a single meeting at which a
                                                  Advisers Act] or of any rule or                         similarly weigh in favor of granting an               research analyst who reported to the
                                                  regulation thereunder, if and to the                    exemption to the Applicants to avoid                  Contributor met with the Client.
                                                  extent that such exemption is necessary                 consequences disproportionate to the                    For the Commission, by the Division of
                                                  or appropriate in the public interest and               violation. The Applicants note that                   Investment Management, under delegated
                                                  consistent with the protection of                       causing the Advisers to serve without                 authority.
                                                  investors and the purposes fairly                       compensation for a two-year period                    Brent J. Fields,
                                                  intended by the policy and provisions of                could result in a financial loss that is              Secretary.
                                                  [the Advisers Act].’’                                   approximately 24,000 times the amount                 [FR Doc. 2015–06110 Filed 3–17–15; 8:45 am]
                                                     3. Rule 206(4)–5(e) provides that the                of the Contribution.
                                                                                                                                                                BILLING CODE 8011–01–P
                                                  Commission may exempt an investment                       6. The Applicants represent that
                                                  adviser from the prohibition under Rule                 neither the Advisers nor the Contributor
                                                  206(4)–5(a)(1) upon consideration of the                sought to interfere with the Clients’                 SECURITIES AND EXCHANGE
                                                  factors listed below, among others:                     merit-based selection process for                     COMMISSION
                                                     (1) Whether the exemption is                         advisory services, nor did they seek to
                                                  necessary or appropriate in the public                  negotiate higher fees or greater ancillary            [Release No. 34–74484; File No. SR–BATS–
                                                  interest and consistent with the                        benefits than would be achieved in                    2015–20]
                                                  protection of investors and the purposes                arms’-length transactions. The
                                                                                                                                                                Self-Regulatory Organizations; BATS
                                                  fairly intended by the policy and                       Applicants note that the Advisers’
                                                                                                                                                                Exchange, Inc.; Notice of Filing and
                                                  provisions of the Advisers Act;                         relationship with the Clients pre-date
                                                     (2) Whether the investment adviser:                                                                        Immediate Effectiveness of a Proposed
                                                                                                          the Contribution, and that one Client
                                                  (i) Before the contribution resulting in                                                                      Rule Change Related to Fees for Use
                                                                                                          divested its investment in the Fund
                                                  the prohibition was made, adopted and                                                                         of BATS Exchange, Inc.
                                                                                                          shortly after the Contribution. The
                                                  implemented policies and procedures                     Applicants represent that they have no                March 12, 2015.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  reasonably designed to prevent                          reason to believe that the Contribution                  Pursuant to Section 19(b)(1) of the
                                                  violations of the rule; and (ii) prior to or            undermined the integrity of the market                Securities Exchange Act of 1934 (the
                                                  at the time the contribution which                      for advisory services or resulted in a                ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  resulted in such prohibition was made,                  violation of the public trust in the                  notice is hereby given that on March 2,
                                                  had no actual knowledge of the                          process for awarding contracts.                       2015, BATS Exchange, Inc. (the
                                                  contribution; and (iii) after learning of                 7. The Applicants note that the
                                                  the contribution: (A) Has taken all                     Advisers adopted and implemented                        1 15   U.S.C. 78s(b)(1).
                                                  available steps to cause the contributor                pay-to-play policies and procedures on                  2 17   CFR 240.19b–4.



                                             VerDate Sep<11>2014   19:00 Mar 17, 2015   Jkt 235001   PO 00000   Frm 00122   Fmt 4703   Sfmt 4703   E:\FR\FM\18MRN1.SGM     18MRN1


                                                  14192                       Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices

                                                  ‘‘Exchange’’ or ‘‘BATS’’) filed with the                Options’’) including adjusting the                       for meeting Professional/Firm Step-up
                                                  Securities and Exchange Commission                      rebates associated with Customer Penny                   Add Volume Tier 1 or Tier 2. The
                                                  (‘‘Commission’’) the proposed rule                      Pilot Add Volume Tier 1 and                              Exchange notes that such changes will
                                                  change as described in Items I, II and III              Professional and Firm Penny Pilot Add                    be reflected in both the Standard Rates
                                                  below, which Items have been prepared                   Volume Tiers 1 and 2, as further                         table and the Professional and Firm
                                                  by the Exchange. The Exchange has                       described below.                                         Penny Pilot Add Volume Tiers under
                                                  designated the proposed rule change as                     The Exchange proposes to adjust the                   footnote 2 of the fee schedule.
                                                  one establishing or changing a member                   rebate for Customer 6 orders in Penny                       The Exchange proposes to implement
                                                  due, fee, or other charge imposed by the                Pilot Securities 7 that add liquidity and                the amendments to its fee schedule
                                                  Exchange under Section 19(b)(3)(A)(ii)                  meet Customer Add Volume Tier 1 from                     effective immediately.
                                                  of the Act 3 and Rule 19b–4(f)(2)                       $0.45 per contract to $0.40 per contract.                2. Statutory Basis
                                                  thereunder,4 which renders the                          Currently, the Exchange offers a $0.45
                                                  proposed rule change effective upon                     rebate for Customer orders that add                         The Exchange believes that the
                                                  filing with the Commission. The                         liquidity and meet Customer Add                          proposed rule change is consistent with
                                                  Commission is publishing this notice to                 Volume Tier 1, which requires that the                   the requirements of the Act and the
                                                  solicit comments on the proposed rule                   Member has an ADV 8 equal to or greater                  rules and regulations thereunder that
                                                  change from interested persons.                         than 0.05% of average TCV.9 The                          are applicable to a national securities
                                                                                                          Exchange notes that such change will be                  exchange, and, in particular, with the
                                                  I. Self-Regulatory Organization’s                       reflected in both the Standard Rates                     requirements of Section 6 of the Act.13
                                                  Statement of the Terms of Substance of                  table and the Customer Penny Pilot Add                   Specifically, the Exchange believes that
                                                  the Proposed Rule Change                                Tiers under footnote 1 of the fee                        the proposed rule change is consistent
                                                     The Exchange filed a proposal to                     schedule.                                                with Section 6(b)(4) of the Act,14 in that
                                                  amend the fee schedule applicable to                       The Exchange also proposes to adjust                  it provides for the equitable allocation
                                                  Members 5 and non-members of the                        the rebate for Professional 10 and Firm 11               of reasonable dues, fees and other
                                                  Exchange pursuant to BATS Rules                         orders in Penny Pilot Securities that add                charges among members and other
                                                  15.1(a) and (c). Changes to the fee                     liquidity and meet Professional/Firm                     persons using any facility or system
                                                  schedule pursuant to this proposal are                  Step-up Add Volume Tier 1 and Tier 2                     which the Exchange operates or
                                                  effective upon filing.                                  from $0.44 per contract to $0.42 per                     controls. The Exchange notes that it
                                                     The text of the proposed rule change                 contract. The Exchange currently offers                  operates in a highly competitive market
                                                  is available at the Exchange’s Web site                 a $0.44 rebate for Professional and Firm                 in which market participants can
                                                  at www.batstrading.com, at the                          orders that add liquidity and meet                       readily direct order flow to competing
                                                  principal office of the Exchange, and at                Professional/Firm Step-Up Add Volume                     venues if they deem fee levels to be
                                                  the Commission’s Public Reference                       Tier 1 or Tier 2. Meeting Professional/                  excessive.
                                                                                                                                                                      Volume-based rebates and fees such
                                                  Room.                                                   Firm Step-up Add Volume Tier 1
                                                                                                                                                                   as the ones currently maintained on
                                                                                                          requires that a Member has an Options
                                                  II. Self-Regulatory Organization’s                                                                               BATS Options have been widely
                                                                                                          Step-up Add TCV 12 from June 2014
                                                  Statement of the Purpose of, and                                                                                 adopted by equities and options
                                                                                                          baseline that is equal to or greater than
                                                  Statutory Basis for, the Proposed Rule                                                                           exchanges and are equitable because
                                                                                                          0.50%. Meeting Professional/Firm Step-
                                                  Change                                                                                                           they are open to all Members on an
                                                                                                          up Add Volume Tier 2 requires that a
                                                    In its filing with the Commission, the                                                                         equal basis and provide additional
                                                                                                          Member has an Options Step-up Add
                                                  Exchange included statements                                                                                     benefits or discounts that are reasonably
                                                                                                          TCV from September 2014 baseline
                                                  concerning the purpose of and basis for                                                                          related to the value to an exchange’s
                                                                                                          equal to or greater than 0.30% and an
                                                  the proposed rule change and discussed                                                                           market quality associated with higher
                                                                                                          ADV equal to or greater than 0.40% of
                                                  any comments it received on the                                                                                  levels of market activity, such as higher
                                                                                                          average TCV. The Exchange is not
                                                  proposed rule change. The text of these                                                                          levels of liquidity provision and/or
                                                                                                          proposing to amend the requirements
                                                  statements may be examined at the                                                                                growth patterns, and introduction of
                                                  places specified in Item IV below. The                    6 ‘‘Customer’’ applies to any transaction identified
                                                                                                                                                                   higher volumes of orders into the price
                                                  Exchange has prepared summaries, set                    by a Member for clearing in the Customer range at        and volume discovery processes. The
                                                  forth in Sections A, B, and C below, of                 the Options Clearing Corporation (‘‘OCC’’),              Exchange believes the proposed
                                                                                                          excluding any transaction for a ‘‘Professional’’ as      reduction of the rebate for orders that
                                                  the most significant parts of such                      defined in Exchange Rule 16.1.
                                                  statements.                                               7 ‘‘Penny Pilot Securities’’ are those issues quoted
                                                                                                                                                                   add liquidity for Customers that meet
                                                                                                          pursuant to Exchange Rule 21.5, Interpretation and       Customer Add Volume Tier 1 is a
                                                  A. Self-Regulatory Organization’s                       Policy .01.                                              reasonable, fair and equitable, and not
                                                  Statement of the Purpose of, and                          8 ‘‘ADV’’ means average daily volume calculated        unfairly discriminatory allocation of
                                                  Statutory Basis for, the Proposed Rule                  as the number of contracts added or removed,             fees and rebates because it will provide
                                                  Change                                                  combined, per day.
                                                                                                            9 ‘‘TCV’’ means total consolidated volume
                                                                                                                                                                   Members with a greater incentive to
                                                  1. Purpose                                              calculated as the volume reported by all exchanges       increase their participation on BATS
                                                                                                          to the consolidated transaction reporting plan for       Options in order to receive a higher
                                                     The Exchange proposes to modify the                  the month for which the fees apply, excluding            rebate by meeting a higher Customer
                                                  ‘‘Options Pricing’’ section of its fee                  volume on any day that the Exchange experiences          Add Volume Tier. Currently, the
                                                  schedule effective immediately, in order                an Exchange System Disruption and on any day
                                                                                                          with a scheduled early market close.                     difference between the rebate received
                                                  to modify pricing charged by the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                            10 ‘‘Professional’’ applies to any transaction         for orders that qualify for Customer Add
                                                  Exchange’s options platform (‘‘BATS                     identified by a Member as such pursuant to               Volume Tier 1 and those that qualify for
                                                                                                          Exchange Rule 16.1.                                      Customer Add Volume Tier 2 is only
                                                    3 15 U.S.C. 78s(b)(3)(A)(ii).                           11 ‘‘Firm’’ applies to any transaction identified by
                                                    4 17
                                                                                                                                                                   $0.03 per contract, but as proposed, the
                                                         CFR 240.19b–4(f)(2).                             a Member for clearing in the Firm range at the OCC.
                                                    5 The term ‘‘Member’’ is defined as ‘‘any               12 ‘‘Options Step-up Add TCV’’ means ADAV as
                                                                                                                                                                   difference would be $0.08 per contract.
                                                  registered broker or dealer that has been admitted      a percentage of TCV in the relevant baseline month
                                                                                                                                                                    13 15   U.S.C. 78f.
                                                  to membership in the Exchange.’’ See Exchange           subtracted from current ADAV as a percentage of
                                                  Rule 1.5(n).                                            TCV.                                                      14 15   U.S.C. 78f(b)(4).



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                                                                              Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices                                                    14193

                                                  As such, the Exchange believes that                     enhance competition, as they are                        only one method. The Commission will
                                                  increasing the difference in the rebates                intended to increase the                                post all comments on the Commission’s
                                                  between the tiers will act to incentivize               competitiveness of and draw additional                  Internet Web site (http://www.sec.gov/
                                                  Members to increase their ADV as a                      volume to BATS Options. As stated                       rules/sro.shtml). Copies of the
                                                  percentage of TCV to 0.30% in order to                  above, the Exchange notes that it                       submission, all subsequent
                                                  qualify for Customer Add Volume Tier                    operates in a highly competitive market                 amendments, all written statements
                                                  2 and receive a rebate of $0.48 per                     in which market participants can                        with respect to the proposed rule
                                                  contract. Such increased participation                  readily direct order flow to competing                  change that are filed with the
                                                  on BATS Options will result in higher                   venues if the deem fee structures to be                 Commission, and all written
                                                  levels of liquidity provision and                       unreasonable or excessive.                              communications relating to the
                                                  introduction of higher volumes of orders                                                                        proposed rule change between the
                                                  into the price and volume discovery                     C. Self-Regulatory Organization’s                       Commission and any person, other than
                                                  processes, which will benefit all                       Statement on Comments on the                            those that may be withheld from the
                                                  participants on BATS Options.                           Proposed Rule Change Received From                      public in accordance with the
                                                     The Exchange also believes that the                  Members, Participants, or Others                        provisions of 5 U.S.C. 552, will be
                                                  proposed reduction of the rebates for                     The Exchange has not solicited, and                   available for Web site viewing and
                                                  Professional/Firm Step-up Add Volume                    does not intend to solicit, comments on                 printing in the Commission’s Public
                                                  Tier 1 and Tier 2 is a reasonable, fair                 this proposed rule change. The                          Reference Room, 100 F Street NE.,
                                                  and equitable, and not unfairly                         Exchange has not received any written                   Washington, DC 20549, on official
                                                  discriminatory allocation of fees and                   comments from members or other                          business days between the hours of
                                                  rebates because, as stated above, the                   interested parties.                                     10:00 a.m. and 3:00 p.m. Copies of the
                                                  Exchange’s tiered pricing structure is                                                                          filing also will be available for
                                                  designed such that fees and rebates are                 III. Date of Effectiveness of the                       inspection and copying at the principal
                                                  related to the value of market quality                  Proposed Rule Change and Timing for                     office of the Exchange. All comments
                                                  associated with higher levels of market                 Commission Action                                       received will be posted without change;
                                                  activity, such as higher levels of                         The foregoing rule change has become                 the Commission does not edit personal
                                                  liquidity provision and/or growth                       effective pursuant to Section 19(b)(3)(A)               identifying information from
                                                  patterns, and introduction of higher                    of the Act 15 and paragraph (f) of Rule                 submissions. You should submit only
                                                  volumes of orders into the price and                    19b–4 thereunder.16 At any time within                  information that you wish to make
                                                  volume discovery processes. As such,                    60 days of the filing of the proposed rule              available publicly. All submissions
                                                  the Exchange believes that it is                        change, the Commission summarily may                    should refer to File Number SR–BATS–
                                                  reasonable, fair, and equitable to lower                temporarily suspend such rule change if                 2015–20 and should be submitted on or
                                                  the rebates associated with Professional/               it appears to the Commission that such                  before April 8, 2015.
                                                  Firm Step-up Add Volume Tier 1 and                      action is necessary or appropriate in the                 For the Commission, by the Division of
                                                  Tier 2. In this same light, the Exchange                public interest, for the protection of                  Trading and Markets, pursuant to delegated
                                                  notes that the proposed amendments                      investors, or otherwise in furtherance of               authority.17
                                                  would bring the rebate for Professional/                the purposes of the Act.                                Brent J. Fields,
                                                  Firm Step-up Add Volume Tier 1 and                                                                              Secretary.
                                                  Tier 2 in line with that of the Market                  IV. Solicitation of Comments
                                                                                                                                                                  [FR Doc. 2015–06124 Filed 3–17–15; 8:45 am]
                                                  Maker Add Volume Tier. The Exchange                       Interested persons are invited to
                                                                                                                                                                  BILLING CODE 8011–01–P
                                                  also notes that Professional and Firm                   submit written data, views, and
                                                  orders can continue to receive further                  arguments concerning the foregoing,
                                                  enhanced rebates through the NBBO                       including whether the proposed rule                     SECURITIES AND EXCHANGE
                                                  Setter Tiers and that any order that                    change is consistent with the Act.                      COMMISSION
                                                  qualifies for either Professional/Firm                  Comments may be submitted by any of
                                                  Step-Up Add Volume Tier 1 or Tier 2                     the following methods:                                  [Release No. 34–74487; File No. SR–CHX–
                                                  will also qualify for NBBO Setter Tier 1                                                                        2015–02]
                                                  where the order sets the national best                  Electronic Comments
                                                                                                            • Use the Commission’s Internet                       Self-Regulatory Organizations;
                                                  bid or offer.
                                                     The Exchange reiterates that it                      comment form (http://www.sec.gov/                       Chicago Stock Exchange, Inc.; Notice
                                                                                                                                                                  of Filing and Immediate Effectiveness
                                                  operates in a highly competitive market                 rules/sro.shtml); or
                                                                                                            • Send an email to rule-comments@                     of a Proposed Rule Change
                                                  in which market participants can
                                                                                                          sec.gov. Please include File Number SR–                 Concerning the CHX Routing Services
                                                  readily direct order flow to competing
                                                  venues if they deem fee levels to be                    BATS–2015–20 on the subject line.                       March 12, 2015.
                                                  excessive.                                                                                                         Pursuant to Section 19(b)(1) of the
                                                                                                          Paper Comments
                                                  B. Self-Regulatory Organization’s                                                                               Securities Exchange Act of 1934
                                                                                                            • Send paper comments in triplicate                   (‘‘Act’’),1 and Rule 19b–4 2 thereunder,
                                                  Statement on Burden on Competition                      to Brent J. Fields, Secretary, Securities               notice is hereby given that on March 4,
                                                    The Exchange does not believe that                    and Exchange Commission, 100 F Street                   2015, the Chicago Stock Exchange, Inc.
                                                  the proposed rule change will impose                    NE., Washington, DC 20549–1090.                         (‘‘CHX’’ or the ‘‘Exchange’’) filed with
                                                  any burden on competition not                           All submissions should refer to File                    the Securities and Exchange
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  necessary or appropriate in furtherance                 Number SR–BATS–2015–20. This file                       Commission (‘‘Commission’’) the
                                                  of the purposes of the Act. With respect                number should be included on the                        proposed rule change as described in
                                                  to the proposed new rebates in                          subject line if email is used. To help the              Items I and II below, which Items have
                                                  Customer Add Volume Tier 1 and                          Commission process and review your                      been prepared by the Exchange. The
                                                  Professional/Firm Step-Up Tier 1 and                    comments more efficiently, please use
                                                  Tier 2, the Exchange does not believe                                                                             17 17 CFR 200.30–3(a)(12).
                                                  that any such changes burden                              15 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C. 78s(b)(1).
                                                  competition, but instead, that they                       16 17 CFR 240.19b–4(f).                                 2 17 CFR 240.19b–4.




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Document Created: 2018-02-21 09:39:43
Document Modified: 2018-02-21 09:39:43
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 14191 

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