80_FR_28423 80 FR 28328 - Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of BATS Y-Exchange, Inc.

80 FR 28328 - Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of BATS Y-Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 95 (May 18, 2015)

Page Range28328-28331
FR Document2015-11879

Federal Register, Volume 80 Issue 95 (Monday, May 18, 2015)
[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Notices]
[Pages 28328-28331]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11879]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74939; File No. SR-BYX-2015-24]


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

May 12, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on May 1, 2015, BATS Y-Exchange, Inc. (the ``Exchange'' or ``BYX'') 
filed with the Securities and Exchange Commission (``SEC'' or 
``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

[[Page 28329]]

charge imposed by the Exchange under Section 19(b)(3)(A)(ii) of the Act 
\3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposed rule 
change effective upon filing with the Commission. The Commission is 
publishing this notice to solicit comments on the proposed rule change 
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable 
to Members \5\ and non-members of the Exchange pursuant to BYX Rules 
15.1(a) and (c). Changes to the fee schedule pursuant to this proposal 
are effective upon filing.
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    \5\ The term ``Member'' is defined as ``any registered broker or 
dealer that has been admitted to membership in the Exchange.'' See 
Exchange Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify its fee schedule in order to: (1) 
Amend the rebate associated with removing liquidity from the Exchange; 
(2) eliminate the NBBO Setter Tier; and (3) simplify pricing related to 
Physical Connection Fees.
Standard Remove Rebate
    The Exchange currently provides a rebate of $0.0016 per share for 
Members' orders that remove liquidity from the Exchange, which includes 
those orders that yield fee codes BB, N, and W. The Exchange proposes 
to amend its Fee Schedule to decrease the rebate for orders that remove 
liquidity to $0.0015 per share.
NBBO Setter Tier
    The Exchange currently offers an additional incentive per share for 
orders from Members that have an ADAV \6\ equal to or greater than 
0.30% of the TCV \7\ and that add liquidity on the Exchange and 
establish a new NBBO. Specifically, the Exchange provides an additional 
rebate of $0.0001 per share for such orders. The Exchange is proposing 
to eliminate this additional incentive because it has not achieved the 
desired effect, despite being designed to incentivize Members to add 
liquidity that sets the NBBO. As such, the Exchange is proposing to 
delete the NBBO Setter Tier in footnote 3 and replace it with 
``(Reserved.)'' The Exchange is also proposing to delete each reference 
to footnote 3 in the Fee Codes and Associated Fees section of the fee 
schedule.
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    \6\ ``ADAV'' means average daily volume calculated as the number 
of shares added per day.
    \7\ ``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.
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Physical Connection Fees
    The Exchange currently maintains a presence in two third-party data 
centers: (i) The primary data center where the Exchange's business is 
primarily conducted on a daily basis, and (ii) a secondary data center, 
which is predominantly maintained for business continuity purposes. The 
Exchange currently assesses fees to Members and non-Members of $1,000 
for any 1G physical port connection at either data center and of $2,500 
for any 10G physical port connection at either data center. The 
Exchange also provides market participants with the ability to access 
the Exchange's network through another data center entry point, or 
Point of Presence (``PoP''), at a data center other than the Exchange's 
primary or secondary data center.\8\ The Exchange currently charges 
$2,000 for any 1G physical port to connect to the Exchange in any data 
center where the Exchange maintains a PoP other than the Exchange's 
primary or secondary data center and $5,000 per month for each single 
physical 10G port provided by the Exchange to any Member or non-member 
in any data center where the Exchange maintains a PoP other than the 
Exchange's primary or secondary data center.
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    \8\ See Securities Exchange Act Release No. 74050 (January 14, 
2015), 80 FR 2989 (January 21, 2015) (SR-BYX-2015-01) (Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Related 
to Fees for use of BATS Y-Exchange, Inc.).
---------------------------------------------------------------------------

    The Exchange proposes to simplify its pricing structure by imposing 
a uniform rate for physical ports regardless of the data center in 
which the port connection is made. Specifically, the Exchange proposes 
to charge $1,000 per month for all 1G physical port connections and 
$2,500 per month for all 10G physical ports in any location where the 
Exchange offers the ability to connect to Exchange systems, including 
the secondary data center and any PoP location. In conjunction with the 
proposed change, the Exchange also proposes minor changes to re-format 
the chart that sets forth physical connection fees and also proposes to 
re-locate such chart and the accompanying text such that physical 
connection fees directly follow logical port fees.
Implementation Date
    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 objectives of Section 6 of the Act,\9\ in general, and 
furthers the objectives of Section 6(b)(4),\10\ in particular, as it is 
designed to provide for the equitable allocation of reasonable dues, 
fees and other charges among its Members and other persons using its 
facilities. The Exchange 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 Exchange believes that the proposed rates 
are equitable and non-discriminatory in that they apply uniformly to 
all Members.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

Standard Remove Rebate
    The Exchange believes that its proposal to decrease the standard 
rebate for orders that remove liquidity and yield fee codes BB, N, or W 
represents an equitable allocation of reasonable dues, fees, and other 
charges among Members and other persons using its facilities because it 
will reduce costs for the Exchange, thereby allowing the Exchange to 
apply those costs elsewhere to the benefit of all Members. While 
adjusting the Exchange's rebate of $0.0016 per share to remove 
liquidity to $0.0015 per share will obviously result in a reduction in 
rebates paid per share to Members, the Exchange believes that

[[Page 28330]]

any potential negative impact of this change will be outweighed by the 
Exchange's ability to apply the cost savings to other areas of the 
business, including enhanced rebates, reduced fees, and improved 
technology on the Exchange. The Exchange also believes that the 
proposed fee change is non-discriminatory because it would apply 
uniformly to all Members.
NBBO Setter Tier
    The Exchange believes that the proposed elimination of the NBBO 
Setter Tier represents an equitable allocation of reasonable dues, 
fees, and other charges among Members and other persons using its 
facilities because, as described above, the reduced fees offered by 
this tier is not affecting Members' behavior in the manner originally 
conceived by the Exchange. While the Exchange acknowledges the benefit 
of Members entering orders that set the NBBO, the Exchange has 
generally determined that it is providing additional rebates for 
liquidity that would be added on the Exchange regardless of whether the 
tier existed. By reducing these fees, the Exchange is not only reducing 
the fees it receives for orders that would set the NBBO without being 
incentivized to do so, but also missing out on the opportunity to offer 
other rebates or reduced fees that could incentivize other behavior 
that would enhance market quality on the Exchange, which would benefit 
all Members. As such, the Exchange also believes that the proposed 
elimination of the NBBO Setter Tier would be non-discriminatory in that 
it currently applies equally to all Members and, upon elimination, 
would no longer be available to any Members. Further, it will allow the 
Exchange to explore other ways in which it may enhance market quality 
for all Members.
Physical Connection Fees
    The Exchange believes that providing uniform rates for all 1G and 
10G physical connections to Exchange is reasonable because such change 
represents a reduction in fees for any Member that connects to the 
Exchange at a PoP location and no change to fees for any Member located 
in the Exchange's primary or secondary data center. The Exchange also 
believes that the proposal is equitably allocated and not unreasonably 
discriminatory because, as proposed, market participants will be able 
to access the Exchange at uniform rates regardless of whether such 
access is at the Exchange's primary or secondary data center location 
or another location where the Exchange offers access.

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

    The Exchange does not believe its proposed amendments to its fee 
schedule would impose any burden on competition that is not necessary 
or appropriate in furtherance of the purposes of the Act.
Standard Remove Rebate
    The Exchange does not believe that its proposal to amend the 
standard rebate for orders that remove liquidity from the Exchange 
would burden competition, but, rather, enhance the Exchange's ability 
to compete with other market centers. As described above, the Exchange 
believes that the reduced rebate would allow the Exchange opportunities 
to use the cost savings in order to enhance other components of the 
Exchange, including offering enhanced rebates, reduced fees, and 
improved technology on the Exchange, which the Exchange believes would 
better equip it to compete with other market centers.
NBBO Setter Tier
    The Exchange does not believe that its proposal to eliminate the 
NBBO Setter Tier would burden competition, but, rather, enhance the 
Exchange's ability to compete with other market centers. As described 
above, the Exchange believes that it is offering a reduction in fees 
for orders that would be submitted to the Exchange without the reduced 
fee, which prevents the Exchange from being able to offer other rebates 
or reduced fees that might be able to enhance market quality to the 
benefit of all Members. As such, eliminating the NBBO Setter Tier will 
allow the Exchange other opportunities to enhance market quality on the 
Exchange and ultimately, better compete with other market centers.
Physical Connection Fees
    The Exchange does not believe that the proposed change to physical 
port fees represents a significant departure from previous pricing 
offered by the Exchange or pricing offered by the Exchange's 
competitors. Rather, as described above, the Exchange is simply 
normalizing its fees for physical access to the Exchange regardless of 
the location where a physical connection is made. The offering is 
consistent with the Exchange's own economic incentives to facilitate as 
many market participants as possible in connecting to its market. 
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. The Exchange does 
not believe that its proposal would burden intramarket competition 
because the fees for physical connections would apply uniformly to all 
Members.

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 \11\ and paragraph (f) of Rule 19b-4 
thereunder.\12\ At any time within 60 days of the filing of the 
proposed rule change, the Commission summarily may temporarily suspend 
such rule change if it appears to the Commission that such action is 
necessary or appropriate in the public interest, for the protection of 
investors, or otherwise in furtherance of the purposes of the Act.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-BYX-2015-24 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-BYX-2015-24. 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

[[Page 28331]]

amendments, all written statements with respect to the proposed rule 
change that are filed with the Commission, and all written 
communications relating to the proposed rule change between the 
Commission and any person, other than those that may be withheld from 
the public in accordance with the provisions of 5 U.S.C. 552, will be 
available for Web site viewing and printing in the Commission's Public 
Reference Room, 100 F Street NE., Washington, DC 20549 on official 
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of 
such filing also will be available for inspection and copying at the 
principal offices 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-BYX-2015-24, and should be submitted on or before June 
8, 2015. June 5, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-11879 Filed 5-15-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                    28328                            Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Notices

                                                    requires, among other things, that                         the date of the filing. However, pursuant             rules/sro.shtml). Copies of the
                                                    FINRA rules must be designed to                            to Rule 19b–4(f)(6)(iii),16 the                       submission, all subsequent
                                                    prevent fraudulent and manipulative                        Commission may designate a shorter                    amendments, all written statements
                                                    acts and practices, to promote just and                    time if such action is consistent with the            with respect to the proposed rule
                                                    equitable principles of trade, and, in                     protection of investors and the public                change that are filed with the
                                                    general, to protect investors and the                      interest.                                             Commission, and all written
                                                    public interest. FINRA also believes that                     FINRA has asked the Commission to                  communications relating to the
                                                    the proposed rule change is consistent                     waive the 30-day operative delay so that              proposed rule change between the
                                                    with the provisions of Section                             the proposal may become operative                     Commission and any person, other than
                                                    15A(b)(11) of the Act.12 Section                           immediately upon filing. The                          those that may be withheld from the
                                                    15A(b)(11) requires that FINRA rules                       Commission believes that waiver of the                public in accordance with the
                                                    include provisions governing the form                      operative delay is consistent with the                provisions of 5 U.S.C. 552, will be
                                                    and content of quotations relating to                      protection of investors and the public                available for Web site viewing and
                                                    securities sold otherwise than on a                        interest because such waiver will allow               printing in the Commission’s Public
                                                    national securities exchange which may                     the pilot program to continue without                 Reference Room, 100 F St. NE.,
                                                    be distributed or published by any                         interruption. Therefore, the Commission               Washington DC 20549, on official
                                                    member or person associated with a                         designates the proposal as operative                  business days between the hours of
                                                    member, and the persons to whom such                       upon filing.17                                        10:00 a.m. and 3:00 p.m. Copies of such
                                                    quotations may be supplied.                                   At any time within 60 days of the                  filing also will be available for
                                                      FINRA believes that the extension of                     filing of the proposed rule change, the               inspection and copying at the principal
                                                    the Tier Size Pilot for an additional                      Commission summarily may                              office of FINRA. All comments received
                                                    three months is consistent with the Act                    temporarily suspend such rule change if               will be posted without change; the
                                                    in that it would provide the                               it appears to the Commission that such                Commission does not edit personal
                                                    Commission and FINRA with additional                       action is necessary or appropriate in the             identifying information from
                                                    time to determine whether the pilot tiers                  public interest, for the protection of                submissions. You should submit only
                                                    should be made permanent.                                  investors, or otherwise in furtherance of             information that you wish to make
                                                                                                               the purposes of the Act. If the                       available publicly. All submissions
                                                    B. Self-Regulatory Organization’s                          Commission takes such action, the
                                                    Statement on Burden on Competition                                                                               should refer to File Number SR–FINRA–
                                                                                                               Commission shall institute proceedings                2015–010, and should be submitted on
                                                      FINRA does not believe that the                          to determine whether the proposed rule                or before June 8, 2015.
                                                    proposed rule change will result in any                    should be approved or disapproved.                      For the Commission, by the Division of
                                                    burden on competition that is not                                                                                Trading and Markets, pursuant to delegated
                                                    necessary or appropriate in furtherance                    IV. Solicitation of Comments
                                                                                                                                                                     authority.18
                                                    of the purposes of the Act.                                  Interested persons are invited to
                                                                                                                                                                     Robert W. Errett,
                                                                                                               submit written data, views, and
                                                    C. Self-Regulatory Organization’s                          arguments concerning the foregoing,                   Deputy Secretary.
                                                    Statement on Comments on the                               including whether the proposed rule                   [FR Doc. 2015–11869 Filed 5–15–15; 8:45 am]
                                                    Proposed Rule Change Received From                         change is consistent with the Act.                    BILLING CODE 8011–01–P
                                                    Members, Participants, or Others                           Comments may be submitted by any of
                                                      Written comments were neither                            the following methods:
                                                    solicited nor received.                                                                                          SECURITIES AND EXCHANGE
                                                                                                               Electronic Comments                                   COMMISSION
                                                    III. Date of Effectiveness of the                            • Use the Commission’s Internet
                                                    Proposed Rule Change and Timing for                                                                              [Release No. 34–74939; File No. SR–BYX–
                                                                                                               comment form (http://www.sec.gov/                     2015–24]
                                                    Commission Action                                          rules/sro.shtml); or
                                                       Because the foregoing proposed rule                       • Send an email to rule-                            Self-Regulatory Organizations; BATS
                                                    change does not: (i) Significantly affect                  comments@sec.gov. Please include File                 Y-Exchange, Inc.; Notice of Filing and
                                                    the protection of investors or the public                  Number SR–FINRA–2015–010 on the                       Immediate Effectiveness of a Proposed
                                                    interest; (ii) impose any significant                      subject line.                                         Rule Change Related to Fees for Use
                                                    burden on competition; and (iii) become                                                                          of BATS Y-Exchange, Inc.
                                                                                                               Paper Comments
                                                    operative for 30 days from the date on
                                                    which it was filed, or such shorter time                     • Send paper comments in triplicate                 May 12, 2015.
                                                                                                               to Brent J. Fields, Secretary, Securities                Pursuant to Section 19(b)(1) of the
                                                    as the Commission may designate, it has
                                                                                                               and Exchange Commission, 100 F Street                 Securities Exchange Act of 1934
                                                    become effective pursuant to Section
                                                                                                               NE., Washington, DC 20549–1090.                       (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    19(b)(3)(A) of the Act 13 and Rule 19b–
                                                                                                               All submissions should refer to File                  notice is hereby given that on May 1,
                                                    4(f)(6) thereunder.14
                                                       A proposed rule change filed under                      Number SR–FINRA–2015–010. This file                   2015, BATS Y-Exchange, Inc. (the
                                                    Rule 19b–4(f)(6) 15 normally does not                      number should be included on the                      ‘‘Exchange’’ or ‘‘BYX’’) filed with the
                                                                                                                                                                     Securities and Exchange Commission
                                                    become operative prior to 30 days after                    subject line if email is used. To help the
                                                                                                                                                                     (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                                                                               Commission process and review your
                                                                                                                                                                     rule change as described in Items I, II,
                                                      12 15 U.S.C. 78o–3(b)(11).                               comments more efficiently, please use
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                      13 15 U.S.C. 78s(b)(3)(A).                                                                                     and III below, which Items have been
                                                                                                               only one method. The Commission will
                                                      14 17 CFR 240.19b–4(f)(6). Rule 19b–4(f)(6)                                                                    prepared by the Exchange. The
                                                                                                               post all comments on the Commission’s
                                                    requires a self-regulatory organization to give the                                                              Exchange has designated the proposed
                                                    Commission written notice of its intent to file the        Internet Web site (http://www.sec.gov/
                                                                                                                                                                     rule change as one establishing or
                                                    proposed rule change at least five business days
                                                    prior to the date of filing of the proposed rule             16 17CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                                     changing a member due, fee, or other
                                                    change, or such shorter time as designated by the            17 Forpurposes only of waiving the 30-day
                                                                                                                                                                       18 17 CFR 200.30–3(a)(12).
                                                    Commission. The Exchange has satisfied this                operative delay, the Commission has considered the
                                                    requirement.                                               proposed rule’s impact on efficiency, competition,      1 15 U.S.C. 78s(b)(1).
                                                      15 17 CFR 240.19b–4(f)(6).                               and capital formation. See 15 U.S.C. 78c(f).            2 17 CFR 240.19b–4.




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                                                                                    Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Notices                                              28329

                                                    charge imposed by the Exchange under                    that yield fee codes BB, N, and W. The                Exchange maintains a PoP other than
                                                    Section 19(b)(3)(A)(ii) of the Act 3 and                Exchange proposes to amend its Fee                    the Exchange’s primary or secondary
                                                    Rule 19b–4(f)(2) thereunder,4 which                     Schedule to decrease the rebate for                   data center.
                                                    renders the proposed rule change                        orders that remove liquidity to $0.0015                  The Exchange proposes to simplify its
                                                    effective upon filing with the                          per share.                                            pricing structure by imposing a uniform
                                                    Commission. The Commission is                                                                                 rate for physical ports regardless of the
                                                                                                            NBBO Setter Tier
                                                    publishing this notice to solicit                                                                             data center in which the port
                                                    comments on the proposed rule change                       The Exchange currently offers an                   connection is made. Specifically, the
                                                    from interested persons.                                additional incentive per share for orders             Exchange proposes to charge $1,000 per
                                                                                                            from Members that have an ADAV 6                      month for all 1G physical port
                                                    I. Self-Regulatory Organization’s                       equal to or greater than 0.30% of the                 connections and $2,500 per month for
                                                    Statement of the Terms of Substance of                  TCV 7 and that add liquidity on the                   all 10G physical ports in any location
                                                    the Proposed Rule Change                                Exchange and establish a new NBBO.                    where the Exchange offers the ability to
                                                       The Exchange filed a proposal to                     Specifically, the Exchange provides an                connect to Exchange systems, including
                                                    amend the fee schedule applicable to                    additional rebate of $0.0001 per share                the secondary data center and any PoP
                                                    Members 5 and non-members of the                        for such orders. The Exchange is                      location. In conjunction with the
                                                    Exchange pursuant to BYX Rules 15.1(a)                  proposing to eliminate this additional                proposed change, the Exchange also
                                                    and (c). Changes to the fee schedule                    incentive because it has not achieved                 proposes minor changes to re-format the
                                                    pursuant to this proposal are effective                 the desired effect, despite being                     chart that sets forth physical connection
                                                    upon filing.                                            designed to incentivize Members to add                fees and also proposes to re-locate such
                                                       The text of the proposed rule change                 liquidity that sets the NBBO. As such,                chart and the accompanying text such
                                                    is available at the Exchange’s Web site                 the Exchange is proposing to delete the               that physical connection fees directly
                                                    at www.batstrading.com, at the                          NBBO Setter Tier in footnote 3 and                    follow logical port fees.
                                                    principal office of the Exchange, and at                replace it with ‘‘(Reserved.)’’ The
                                                                                                            Exchange is also proposing to delete                  Implementation Date
                                                    the Commission’s Public Reference
                                                    Room.                                                   each reference to footnote 3 in the Fee                  The Exchange proposes to implement
                                                                                                            Codes and Associated Fees section of                  the amendments to its fee schedule
                                                    II. Self-Regulatory Organization’s                      the fee schedule.                                     effective immediately.
                                                    Statement of the Purpose of, and
                                                    Statutory Basis for, the Proposed Rule                  Physical Connection Fees                              2. Statutory Basis
                                                    Change                                                     The Exchange currently maintains a                    The Exchange believes that the
                                                      In its filing with the Commission, the                presence in two third-party data centers:             proposed rule change is consistent with
                                                                                                            (i) The primary data center where the                 the objectives of Section 6 of the Act,9
                                                    Exchange included statements
                                                                                                            Exchange’s business is primarily                      in general, and furthers the objectives of
                                                    concerning the purpose of and basis for
                                                                                                            conducted on a daily basis, and (ii) a                Section 6(b)(4),10 in particular, as it is
                                                    the proposed rule change and discussed
                                                                                                            secondary data center, which is                       designed to provide for the equitable
                                                    any comments it received on the
                                                                                                            predominantly maintained for business                 allocation of reasonable dues, fees and
                                                    proposed rule change. The text of these
                                                                                                            continuity purposes. The Exchange                     other charges among its Members and
                                                    statements may be examined at the
                                                                                                            currently assesses fees to Members and                other persons using its facilities. The
                                                    places specified in Item IV below. The
                                                                                                            non-Members of $1,000 for any 1G                      Exchange also notes that it operates in
                                                    Exchange has prepared summaries, set
                                                                                                            physical port connection at either data               a highly-competitive market in which
                                                    forth in Sections A, B, and C below, of
                                                                                                            center and of $2,500 for any 10G                      market participants can readily direct
                                                    the most significant parts of such                      physical port connection at either data
                                                    statements.                                                                                                   order flow to competing venues if they
                                                                                                            center. The Exchange also provides                    deem fee levels at a particular venue to
                                                    A. Self-Regulatory Organization’s                       market participants with the ability to               be excessive. The Exchange believes
                                                    Statement of the Purpose of, and                        access the Exchange’s network through                 that the proposed rates are equitable and
                                                    Statutory Basis for, the Proposed Rule                  another data center entry point, or Point             non-discriminatory in that they apply
                                                    Change                                                  of Presence (‘‘PoP’’), at a data center               uniformly to all Members.
                                                                                                            other than the Exchange’s primary or
                                                    1. Purpose                                              secondary data center.8 The Exchange                  Standard Remove Rebate
                                                       The Exchange proposes to modify its                  currently charges $2,000 for any 1G                     The Exchange believes that its
                                                    fee schedule in order to: (1) Amend the                 physical port to connect to the Exchange              proposal to decrease the standard rebate
                                                    rebate associated with removing                         in any data center where the Exchange                 for orders that remove liquidity and
                                                    liquidity from the Exchange; (2)                        maintains a PoP other than the                        yield fee codes BB, N, or W represents
                                                    eliminate the NBBO Setter Tier; and (3)                 Exchange’s primary or secondary data                  an equitable allocation of reasonable
                                                    simplify pricing related to Physical                    center and $5,000 per month for each                  dues, fees, and other charges among
                                                    Connection Fees.                                        single physical 10G port provided by                  Members and other persons using its
                                                                                                            the Exchange to any Member or non-                    facilities because it will reduce costs for
                                                    Standard Remove Rebate                                  member in any data center where the                   the Exchange, thereby allowing the
                                                      The Exchange currently provides a                                                                           Exchange to apply those costs elsewhere
                                                    rebate of $0.0016 per share for Members’                   6 ‘‘ADAV’’ means average daily volume calculated
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                                                                                                                                                                  to the benefit of all Members. While
                                                    orders that remove liquidity from the                   as the number of shares added per day.
                                                                                                               7 ‘‘TCV’’ means total consolidated volume          adjusting the Exchange’s rebate of
                                                    Exchange, which includes those orders                   calculated as the volume reported by all exchanges    $0.0016 per share to remove liquidity to
                                                                                                            to the consolidated transaction reporting plan for    $0.0015 per share will obviously result
                                                      3 15 U.S.C. 78s(b)(3)(A)(ii).                         the month for which the fees apply.                   in a reduction in rebates paid per share
                                                      4 17 CFR 240.19b–4(f)(2).                                8 See Securities Exchange Act Release No. 74050
                                                      5 The term ‘‘Member’’ is defined as ‘‘any             (January 14, 2015), 80 FR 2989 (January 21, 2015)
                                                                                                                                                                  to Members, the Exchange believes that
                                                    registered broker or dealer that has been admitted      (SR–BYX–2015–01) (Notice of Filing and Immediate
                                                                                                                                                                    9 15   U.S.C. 78f.
                                                    to membership in the Exchange.’’ See Exchange           Effectiveness of a Proposed Rule Change Related to
                                                    Rule 1.5(n).                                            Fees for use of BATS Y-Exchange, Inc.).                 10 15   U.S.C. 78f(b)(4).



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                                                    28330                           Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Notices

                                                    any potential negative impact of this                   B. Self-Regulatory Organization’s                     the financial markets. The Exchange
                                                    change will be outweighed by the                        Statement on Burden on Competition                    does not believe that its proposal would
                                                    Exchange’s ability to apply the cost                      The Exchange does not believe its                   burden intramarket competition because
                                                    savings to other areas of the business,                 proposed amendments to its fee                        the fees for physical connections would
                                                    including enhanced rebates, reduced                     schedule would impose any burden on                   apply uniformly to all Members.
                                                    fees, and improved technology on the                    competition that is not necessary or
                                                    Exchange. The Exchange also believes                                                                          C. Self-Regulatory Organization’s
                                                                                                            appropriate in furtherance of the                     Statement on Comments on the
                                                    that the proposed fee change is non-                    purposes of the Act.
                                                    discriminatory because it would apply                                                                         Proposed Rule Change Received From
                                                    uniformly to all Members.                               Standard Remove Rebate                                Members, Participants, or Others
                                                                                                              The Exchange does not believe that its                The Exchange has not solicited, and
                                                    NBBO Setter Tier
                                                                                                            proposal to amend the standard rebate                 does not intend to solicit, comments on
                                                       The Exchange believes that the                       for orders that remove liquidity from the             this proposed rule change. The
                                                    proposed elimination of the NBBO                        Exchange would burden competition,                    Exchange has not received any written
                                                    Setter Tier represents an equitable                     but, rather, enhance the Exchange’s                   comments from members or other
                                                    allocation of reasonable dues, fees, and                ability to compete with other market                  interested parties.
                                                    other charges among Members and other                   centers. As described above, the
                                                    persons using its facilities because, as                                                                      III. Date of Effectiveness of the
                                                                                                            Exchange believes that the reduced                    Proposed Rule Change and Timing for
                                                    described above, the reduced fees                       rebate would allow the Exchange
                                                    offered by this tier is not affecting                                                                         Commission Action
                                                                                                            opportunities to use the cost savings in
                                                    Members’ behavior in the manner                         order to enhance other components of                     The foregoing rule change has become
                                                    originally conceived by the Exchange.                   the Exchange, including offering                      effective pursuant to Section 19(b)(3)(A)
                                                    While the Exchange acknowledges the                     enhanced rebates, reduced fees, and                   of the Act 11 and paragraph (f) of Rule
                                                    benefit of Members entering orders that                 improved technology on the Exchange,                  19b–4 thereunder.12 At any time within
                                                    set the NBBO, the Exchange has                          which the Exchange believes would                     60 days of the filing of the proposed rule
                                                    generally determined that it is providing               better equip it to compete with other                 change, the Commission summarily may
                                                    additional rebates for liquidity that                   market centers.                                       temporarily suspend such rule change if
                                                    would be added on the Exchange                                                                                it appears to the Commission that such
                                                    regardless of whether the tier existed.                 NBBO Setter Tier                                      action is necessary or appropriate in the
                                                    By reducing these fees, the Exchange is                    The Exchange does not believe that its             public interest, for the protection of
                                                    not only reducing the fees it receives for              proposal to eliminate the NBBO Setter                 investors, or otherwise in furtherance of
                                                    orders that would set the NBBO without                  Tier would burden competition, but,                   the purposes of the Act.
                                                    being incentivized to do so, but also                   rather, enhance the Exchange’s ability to
                                                    missing out on the opportunity to offer                                                                       IV. Solicitation of Comments
                                                                                                            compete with other market centers. As
                                                    other rebates or reduced fees that could                described above, the Exchange believes                  Interested persons are invited to
                                                    incentivize other behavior that would                   that it is offering a reduction in fees for           submit written data, views, and
                                                    enhance market quality on the                           orders that would be submitted to the                 arguments concerning the foregoing,
                                                    Exchange, which would benefit all                       Exchange without the reduced fee,                     including whether the proposed rule
                                                    Members. As such, the Exchange also                     which prevents the Exchange from                      change is consistent with the Act.
                                                    believes that the proposed elimination                  being able to offer other rebates or                  Comments may be submitted by any of
                                                    of the NBBO Setter Tier would be non-                   reduced fees that might be able to                    the following methods:
                                                    discriminatory in that it currently                     enhance market quality to the benefit of
                                                    applies equally to all Members and,                                                                           Electronic Comments
                                                                                                            all Members. As such, eliminating the
                                                    upon elimination, would no longer be                    NBBO Setter Tier will allow the                         • Use the Commission’s Internet
                                                    available to any Members. Further, it                   Exchange other opportunities to                       comment form (http://www.sec.gov/
                                                    will allow the Exchange to explore other                enhance market quality on the Exchange                rules/sro.shtml); or
                                                    ways in which it may enhance market                     and ultimately, better compete with                     • Send an email to rule-comments@
                                                    quality for all Members.                                other market centers.                                 sec.gov. Please include File Number SR–
                                                                                                                                                                  BYX–2015–24 on the subject line.
                                                    Physical Connection Fees                                Physical Connection Fees
                                                       The Exchange believes that providing                                                                       Paper Comments
                                                                                                               The Exchange does not believe that
                                                    uniform rates for all 1G and 10G                        the proposed change to physical port                    • Send paper comments in triplicate
                                                    physical connections to Exchange is                     fees represents a significant departure               to Brent J. Fields, Secretary, Securities
                                                    reasonable because such change                          from previous pricing offered by the                  and Exchange Commission, 100 F Street
                                                    represents a reduction in fees for any                  Exchange or pricing offered by the                    NE., Washington, DC 20549–1090.
                                                    Member that connects to the Exchange                    Exchange’s competitors. Rather, as                    All submissions should refer to File
                                                    at a PoP location and no change to fees                 described above, the Exchange is simply               Number SR–BYX–2015–24. This file
                                                    for any Member located in the                           normalizing its fees for physical access              number should be included on the
                                                    Exchange’s primary or secondary data                    to the Exchange regardless of the                     subject line if email is used. To help the
                                                    center. The Exchange also believes that                 location where a physical connection is               Commission process and review your
                                                    the proposal is equitably allocated and                 made. The offering is consistent with
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                                                                                                                                                                  comments more efficiently, please use
                                                    not unreasonably discriminatory                         the Exchange’s own economic                           only one method. The Commission will
                                                    because, as proposed, market                            incentives to facilitate as many market               post all comments on the Commission’s
                                                    participants will be able to access the                 participants as possible in connecting to             Internet Web site (http://www.sec.gov/
                                                    Exchange at uniform rates regardless of                 its market. Accordingly, the Exchange                 rules/sro.shtml). Copies of the
                                                    whether such access is at the Exchange’s                does not believe that the proposed                    submission, all subsequent
                                                    primary or secondary data center                        change will impair the ability of
                                                    location or another location where the                  Members or competing venues to                          11 15   U.S.C. 78s(b)(3)(A).
                                                    Exchange offers access.                                 maintain their competitive standing in                  12 17   CFR 240.19b–4(f).



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                                                                                    Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Notices                                                     28331

                                                    amendments, all written statements                      (‘‘NYSE’’ or the ‘‘Exchange’’) filed with             their terms have become void and are of
                                                    with respect to the proposed rule                       the Securities and Exchange                           no further force and effect as a result of
                                                    change that are filed with the                          Commission (the ‘‘Commission’’) the                   the sale by ICE of Euronext in June
                                                    Commission, and all written                             proposed rule change as described in                  2014, upon consummation of which
                                                    communications relating to the                          Items I and II below, which Items have                ICE, ICE Holdings and NYSE Holdings
                                                    proposed rule change between the                        been prepared by the self-regulatory                  ceased to control Euronext.4 The
                                                    Commission and any person, other than                   organization. The Commission is                       Exchange also requests approval of
                                                    those that may be withheld from the                     publishing this notice to solicit                     conforming changes to the
                                                    public in accordance with the                           comments on the proposed rule change                  Independence Policy.5
                                                    provisions of 5 U.S.C. 552, will be                     from interested persons.                                 The Exchange believes the proposed
                                                    available for Web site viewing and                                                                            changes are desirable to avoid the
                                                    printing in the Commission’s Public                     I. Self-Regulatory Organization’s                     potential for confusion that could arise
                                                    Reference Room, 100 F Street NE.,                       Statement of the Terms of Substance of                if ICE, ICE Holdings and NYSE Holdings
                                                    Washington, DC 20549 on official                        the Proposed Rule Change                              were to retain in their constituent
                                                    business days between the hours of                         The Exchange proposes to amend the                 documents or in the Independence
                                                    10:00 a.m. and 3:00 p.m. Copies of such                 constituent documents of its                          Policy provisions that are no longer
                                                    filing also will be available for                       intermediate parent companies NYSE                    operative.
                                                    inspection and copying at the principal                 Holdings LLC, a Delaware limited                      Background
                                                    offices of the Exchange. All comments                   liability company (‘‘NYSE Holdings’’),
                                                    received will be posted without change;                 and Intercontinental Exchange                            In 2007, the Exchange’s direct parent,
                                                    the Commission does not edit personal                   Holdings, Inc., a Delaware corporation                NYSE Group Inc. (‘‘NYSE Group’’),
                                                    identifying information from                            (‘‘ICE Holdings’’), and its ultimate                  entered into a business combination
                                                    submissions. You should submit only                     parent company, Intercontinental                      transaction with Euronext N.V.
                                                    information that you wish to make                       Exchange, Inc., a Delaware corporation                (‘‘Euronext’’) in which NYSE Group and
                                                    available publicly. All submissions                     (‘‘ICE’’), to eliminate certain provisions            Euronext became wholly owned
                                                    should refer to File Number SR–BYX–                     that by their terms have become void                  subsidiaries of a newly formed
                                                    2015–24, and should be submitted on or                  and are of no further force and effect as             company, NYSE Euronext, a Delaware
                                                    before June 8, 2015. June 5, 2015.                      a result of the sale by ICE of Euronext               corporation. The Certificate of
                                                                                                            N.V. (‘‘Euronext’’) in June 2014. The                 Incorporation and Bylaws of NYSE
                                                      For the Commission, by the Division of
                                                    Trading and Markets, pursuant to delegated              Exchange also seeks approval of                       Euronext included provisions (a)
                                                    authority.13                                            conforming changes to the                             requiring NYSE Euronext and its board
                                                    Robert W. Errett,                                       Independence Policy of the Board of                   of directors to give due consideration to
                                                                                                                                                                  requirements of European law and
                                                    Deputy Secretary.                                       Directors of ICE (the ‘‘Independence
                                                                                                                                                                  regulation applicable to the operation of
                                                    [FR Doc. 2015–11879 Filed 5–15–15; 8:45 am]             Policy’’). The text of the proposed rule
                                                                                                                                                                  Euronext’s European business; (b)
                                                    BILLING CODE 8011–01–P                                  change is available on the Exchange’s
                                                                                                                                                                  requiring NYSE Euronext and its board
                                                                                                            Web site at www.nyse.com, at the
                                                                                                                                                                  of directors to cause Euronext’s
                                                                                                            principal office of the Exchange, and at
                                                                                                                                                                  subsidiaries to operate in compliance
                                                    SECURITIES AND EXCHANGE                                 the Commission’s Public Reference
                                                                                                                                                                  with applicable law and regulation and
                                                    COMMISSION                                              Room.
                                                                                                                                                                  to cooperate with European regulators;
                                                    [Release No. 34–74928; File No. SR–NYSE–                II. Self-Regulatory Organization’s                    (c) relating to board compositions and
                                                    2015–18]                                                Statement of the Purpose of, and                      similar matters; and (d) prohibiting the
                                                                                                            Statutory Basis for, the Proposed Rule                amendment of such provisions without
                                                    Self-Regulatory Organizations; New                      Change                                                a supermajority vote of the directors in
                                                    York Stock Exchange LLC; Notice of                                                                            light of Euronext’s minority
                                                    Filing and Immediate Effectiveness of                     In its filing with the Commission, the
                                                                                                                                                                  representation on the board
                                                    Proposed Rule Change Amending the                       self-regulatory organization included
                                                                                                                                                                  (collectively, the ‘‘European
                                                    Constituent Documents of Its                            statements concerning the purpose of,
                                                                                                                                                                  Provisions’’). NYSE Euronext’s
                                                    Intermediate Parent Companies NYSE                      and basis for, the proposed rule change
                                                    Holdings LLC., Intercontinental                         and discussed any comments it received                   4 ICE, a public company listed on the Exchange,
                                                    Exchange, Inc., To Eliminate Certain                    on the proposed rule change. The text                 owns 100% of ICE Holdings, which in turn owns
                                                    Provisions That by Their Terms Have                     of those statements may be examined at                100% of NYSE Holdings. Through ICE Holdings,
                                                                                                            the places specified in Item IV below.                NYSE Holdings and NYSE Group, Inc., ICE
                                                    Become Void and Are of No Further                                                                             indirectly owns (1) 100% of the equity interest of
                                                    Force and Effect as a Result of the                     The Exchange has prepared summaries,                  three registered national securities exchanges and
                                                    Sale by ICE of Euronext N.V. in June                    set forth in sections A, B, and C below,              self-regulatory organizations (together, the ‘‘NYSE
                                                    2014 and Make Conforming Changes                        of the most significant parts of such                 Exchanges’’)—the Exchange, NYSE Arca, Inc.
                                                                                                            statements.                                           (‘‘NYSE Arca’’) and NYSE MKT LLC (‘‘NYSE
                                                    to the Independence Policy of the                                                                             MKT’’)—and (2) 100% of the equity interest of
                                                    Board of Directors of ICE                               A. Self-Regulatory Organization’s                     NYSE Market (DE), Inc., NYSE Regulation, Inc.,
                                                                                                                                                                  NYSE Arca L.L.C. and NYSE Arca Equities, Inc. ICE
                                                    May 12, 2015.                                           Statement of the Purpose of, and the                  also indirectly owns a majority interest in NYSE
                                                       Pursuant to Section 19(b)(1) 1 of the                Statutory Basis for, the Proposed Rule                Amex Options LLC. See Exchange Act Release No.
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                                                    Securities Exchange Act of 1934 (the                    Change                                                70210 (August 15, 2013), 78 FR 51758 (August 21,
                                                                                                                                                                  2013) (SR–NYSE–2013–42; SR–NYSEMKT–2013–
                                                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  1. Purpose                                            50; SR–NYSEArca–2013–62) (‘‘Release No. 70210’’)
                                                    notice is hereby given that on May 1,                                                                         (approving proposed rule change relating to a
                                                    2015, New York Stock Exchange LLC                          The Exchange requests approval to                  corporate transaction in which NYSE Euronext will
                                                                                                            amend the constituent documents of its                become a wholly owned subsidiary of
                                                                                                            intermediate parent companies NYSE                    IntercontinentalExchange Group, Inc.).
                                                      13 17 CFR 200.30–3(a)(12).                                                                                     5 The Exchange’s affiliates NYSE Arca and NYSE
                                                      1 15 U.S.C. 78s(b)(1).                                Holdings and ICE Holdings, and of its                 MKT have also submitted the same proposed rule
                                                      2 15 U.S.C. 78a.                                      ultimate parent company, ICE, to                      change. See SR–NYSEMKT–2015–32 and SR–
                                                      3 17 CFR 240.19b–4.                                   eliminate certain provisions that by                  NYSEArca–2015–33.



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Document Created: 2015-12-16 07:39:21
Document Modified: 2015-12-16 07:39:21
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 28328 

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