80_FR_42704 80 FR 42567 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fees Schedule

80 FR 42567 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fees Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 137 (July 17, 2015)

Page Range42567-42569
FR Document2015-17534

Federal Register, Volume 80 Issue 137 (Friday, July 17, 2015)
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42567-42569]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17534]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75442; File No. SR-CBOE-2015-066]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change To Amend the Fees Schedule

July 13, 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 July 1, 2015, Chicago Board Options Exchange, Incorporated 
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change as described in 
Items I, II, and III below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule. The text of the 
proposed rule change is available on the

[[Page 42568]]

Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, 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 aspects of such 
statements.

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule, effective July 1, 
2015.
    On May 11, 2015, the Exchange launched an updated version of the 
Floor Broker Workstation (``FBW''), (i.e., ``FBW2''). In conjunction 
with the launch of FBW2, the Exchange submitted a rule filing which 
provided for a fee waiver for the months of May and June 2015, as well 
as provided that, after July 1, 2015, the monthly fee for FBW2 login 
IDs would be waived for the first month.\3\ The Exchange also noted in 
that filing that after July 2015 (and absent an applicable fee waiver 
noted above), TPHs will be charged each of $400 for FBW and FBW2 (i.e., 
total of $800) if such users continue to use both FBW and FBW2. The 
Exchange notes that new features are anticipated to become available on 
FBW2 in August 2015. In the meanwhile, the Exchange wishes to encourage 
FBW users to begin (or continue) transitioning to FBW2 logins and 
provide additional time to become acclimated to FBW2 while still being 
able to use FBW logins. As such, the Exchange does not wish to charge a 
TPH $400 for using both FBW and FBW2 login IDs. Accordingly, the 
Exchange proposes to delete now outdated language and provide that for 
every FBW login a TPH has, the FBW2 fee will be waived for the months 
of July 2015 through September 2015 on a one-to-one basis.\4\ 
Additionally, in light of the proposed changes, the Exchange no longer 
wishes to continue to provide a waiver of the FBW2 fee for the first 
month for new FBW2 login IDS.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 75022 (May 21, 
2015), 80 FR 102 [sic] (May 28, 2015) (SR-CBOE-2015-049). The 
adopted fee for FBW2 is the same as the existing FBW fee (i.e., $400 
per month (per login ID).
    \4\ For example, if a TPH has two FBW logins and two FBW2 
logins, the total monthly fee would be $800 ($400 for each FBW 
login). Another example is if a TPH has two FBW logins and three 
FBW2 logins, the total monthly fee would be $1,200 ($400 for each 
FBW login and $400 for the additional FBW2 login).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\5\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \6\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitation 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with 
Section 6(b)(4) of the Act,\7\ which requires that Exchange rules 
provide for the equitable allocation of reasonable dues, fees, and 
other charges among its Trading Permit Holders and other persons using 
its facilities.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    In particular, the Exchange believes it is reasonable to provide a 
waiver of FBW2 fees for each FBW login a TPH has for the months of July 
2015 through September 2015 because it encourages users to use and 
become familiar with the updated FBW2 login IDs while waiting for 
certain features to be implemented on FBW2. Additionally, the Exchange 
notes the proposed rule change provides users additional time to become 
familiar with and fully acclimated to the new FBW functionality. The 
Exchange believes it is reasonable to eliminate the waiver for the 
first month for a new login ID currently beginning July 1, 2015, 
because the Exchange is also providing for additional waivers of FBW2 
logins as described above and wants to encourage users to begin 
transitioning to FBW2 logins prior to the upcoming discontinuation of 
FBW logins. The Exchange believes the proposed changes are equitable 
and not unfairly discriminatory because it applies to all users of 
FBW2.

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 that is not necessary or appropriate 
in furtherance of the purposes of the Act, because it applies to all 
Trading Permit Holders. The Exchange believes this proposal will not 
cause an unnecessary burden on intermarket competition because the 
proposal only affects trading on CBOE. To the extent that the proposed 
changes make CBOE a more attractive marketplace for market participants 
at other exchanges, such market participants are welcome to become CBOE 
market participants.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the 
proposed rule change.

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 \8\ and paragraph (f) of Rule 19b-4 \9\ 
thereunder. 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. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 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:

[[Page 42569]]

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-CBOE-2015-066 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2015-066. 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-CBOE-2015-066 and should be 
submitted on or before August 7, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-17534 Filed 7-16-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                                  Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices                                                     42567

                                                reference to Rule 1080.08 is being                        with the protection of investors and the                  those that may be withheld from the
                                                changed to Rule 1080.07.                                  public interest, the proposed rule                        public in accordance with the
                                                  Next, the Exchange proposes to                          change has become effective pursuant to                   provisions of 5 U.S.C. 552, will be
                                                amend Rule 1066(f)(7) and (8), which                      Section 19(b)(3)(A) of the Act 7 and Rule                 available for Web site viewing and
                                                defines various types of multi-leg                        19b–4(f)(6) thereunder.8                                  printing in the Commission’s Public
                                                orders, including Complex Orders and                         At any time within 60 days of the                      Reference Room, 100 F Street NE.,
                                                DNA Orders, both of which are defined                     filing of the proposed rule change, the                   Washington, DC 20549, on official
                                                in Rule 1080.07(a). Accordingly, Rule                     Commission summarily may                                  business days between the hours of
                                                1066(f)(7) and (8) are being corrected to                 temporarily suspend such rule change if                   10:00 a.m. and 3:00 p.m. Copies of the
                                                properly refer to Rule 1080.07(a) rather                  it appears to the Commission that such                    filing also will be available for
                                                than to Rule 1080.08(a).                                  action is necessary or appropriate in the                 inspection and copying at the principal
                                                  Finally, the Exchange proposes to                       public interest, for the protection of                    office of the Exchange. All comments
                                                amend Rule 1080.07 itself, which                          investors, or otherwise in furtherance of                 received will be posted without change;
                                                contains several references to Rule                       the purposes of the Act. If the                           the Commission does not edit personal
                                                1080.08, which are incorrect. Each of                     Commission takes such action, the                         identifying information from
                                                the following provisions in Rule 1080                     Commission shall institute proceedings                    submissions. You should submit only
                                                are proposed to be changed to refer to                    to determine whether the proposed rule                    information that you wish to make
                                                the same subsection in Rule 1080.07:                      change should be approved or                              available publicly. All submissions
                                                Rule 1080(m)(iii)(A), Rule 1080(n)(i)(C),                 disapproved.                                              should refer to File Number SR–Phlx–
                                                Rule 1080(n)(ii)(A)(9), Rule                              IV. Solicitation of Comments                              2015–55 and should be submitted on or
                                                1080.07(a)(i), Rule 1080.07(e)(i)(B)(1),                                                                            before August 7, 2015.
                                                Rule 1080.07(e)(vi)(B), Rule                                Interested persons are invited to
                                                                                                                                                                      For the Commission, by the Division of
                                                1080.07(f)(iii)(C)(2), and Rule                           submit written data, views, and                           Trading and Markets, pursuant to delegated
                                                1080.07(f)(iii)(C)(4).                                    arguments concerning the foregoing,                       authority.9
                                                                                                          including whether the proposed rule                       Brent J. Fields,
                                                2. Statutory Basis                                        change is consistent with the Act.
                                                                                                                                                                    Secretary.
                                                   The Exchange believes that its                         Comments may be submitted by any of
                                                                                                                                                                    [FR Doc. 2015–17491 Filed 7–16–15; 8:45 am]
                                                proposal is consistent with Section 6(b)                  the following methods:
                                                                                                                                                                    BILLING CODE 8011–01–P
                                                of the Act 5 in general, and furthers the                 Electronic Comments
                                                objectives of Section 6(b)(5) of the Act 6
                                                                                                            • Use the Commission’s Internet
                                                in particular, in that it is designed to                                                                            SECURITIES AND EXCHANGE
                                                                                                          comment form (http://www.sec.gov/
                                                promote just and equitable principles of                                                                            COMMISSION
                                                                                                          rules/sro.shtml); or
                                                trade by correcting the references to                       • Send an email to rule-comments@
                                                Rule 1080 regarding complex orders,                                                                                 [Release No. 34–75442; File No. SR–CBOE–
                                                                                                          sec.gov. Please include File Number SR–                   2015–066]
                                                which should help market participants                     Phlx–2015–55 on the subject line.
                                                better understand how their orders are                                                                              Self-Regulatory Organizations;
                                                handled.                                                  Paper Comments                                            Chicago Board Options Exchange,
                                                B. Self-Regulatory Organization’s                           • Send paper comments in triplicate                     Incorporated; Notice of Filing and
                                                Statement on Burden on Competition                        to Secretary, Securities and Exchange                     Immediate Effectiveness of Proposed
                                                                                                          Commission, 100 F Street NE.,                             Rule Change To Amend the Fees
                                                  The Exchange does not believe that                      Washington, DC 20549–1090.                                Schedule
                                                the proposed rule change will impose                      All submissions should refer to File
                                                any burden on competition not                             Number SR–Phlx–2015–55. This file                         July 13, 2015.
                                                necessary or appropriate in furtherance                   number should be included on the                             Pursuant to Section 19(b)(1) of the
                                                of the purposes of the Act. The proposal                  subject line if email is used. To help the                Securities Exchange Act of 1934
                                                merely corrects rule references.                          Commission process and review your                        (‘‘Act’’),1 and Rule 19b–4 thereunder, 2
                                                                                                          comments more efficiently, please use                     notice is hereby given that, on July 1,
                                                C. Self-Regulatory Organization’s
                                                                                                          only one method. The Commission will                      2015, Chicago Board Options Exchange,
                                                Statement on Comments on the
                                                                                                          post all comments on the Commission’s                     Incorporated (the ‘‘Exchange’’ or
                                                Proposed Rule Change Received From
                                                                                                          Internet Web site (http://www.sec.gov/                    ‘‘CBOE’’) filed with the Securities and
                                                Members, Participants or Others
                                                                                                          rules/sro.shtml). Copies of the                           Exchange Commission (‘‘Commission’’)
                                                  No written comments were either                                                                                   the proposed rule change as described
                                                                                                          submission, all subsequent
                                                solicited or received.                                                                                              in Items I, II, and III below, which Items
                                                                                                          amendments, all written statements
                                                III. Date of Effectiveness of the                         with respect to the proposed rule                         have been prepared by the Exchange.
                                                Proposed Rule Change and Timing for                       change that are filed with the                            The Commission is publishing this
                                                Commission Action                                         Commission, and all written                               notice to solicit comments on the
                                                                                                          communications relating to the                            proposed rule change from interested
                                                  Because the foregoing proposed rule                                                                               persons.
                                                change: (1) Does not significantly affect                 proposed rule change between the
                                                the protection of investors or the public                 Commission and any person, other than                     I. Self-Regulatory Organization’s
                                                interest; (2) does not impose any                                                                                   Statement of the Terms of Substance of
                                                                                                               7 15
                                                                                                                  U.S.C. 78s(b)(3)(A).                              the Proposed Rule Change
srobinson on DSK5SPTVN1PROD with NOTICES




                                                significant burden on competition; and                         8 17
                                                                                                                  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                (3) by its terms does not become                          4(f)(6)(iii) requires a self-regulatory organization to      The Exchange proposes to amend its
                                                operative for 30 days after the date of                   provide the Commission with written notice of its         Fees Schedule. The text of the proposed
                                                this filing, or such shorter time as the                  intent to file the proposed rule change, along with       rule change is available on the
                                                                                                          a brief description and text of the proposed rule
                                                Commission may designate if consistent                    change, at least five business days prior to the date
                                                                                                                                                                      9 17 CFR 200.30–3(a)(12).
                                                                                                          of filing of the proposed rule change, or such
                                                  5 15 U.S.C. 78f(b).                                                                                                 1 15 U.S.C. 78s(b)(1).
                                                                                                          shorter time as designated by the Commission. The
                                                  6 15 U.S.C. 78f(b)(5).                                  Exchange has satisfied this requirement.                    2 17 CFR 240.19b–4.




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                                                42568                            Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices

                                                Exchange’s Web site (http://                             2015 through September 2015 on a one-                   users to begin transitioning to FBW2
                                                www.cboe.com/AboutCBOE/                                  to-one basis.4 Additionally, in light of                logins prior to the upcoming
                                                CBOELegalRegulatoryHome.aspx), at                        the proposed changes, the Exchange no                   discontinuation of FBW logins. The
                                                the Exchange’s Office of the Secretary,                  longer wishes to continue to provide a                  Exchange believes the proposed changes
                                                and at the Commission’s Public                           waiver of the FBW2 fee for the first                    are equitable and not unfairly
                                                Reference Room.                                          month for new FBW2 login IDS.                           discriminatory because it applies to all
                                                                                                                                                                 users of FBW2.
                                                II. Self-Regulatory Organization’s                       2. Statutory Basis
                                                Statement of the Purpose of, and                            The Exchange believes the proposed                   B. Self-Regulatory Organization’s
                                                Statutory Basis for, the Proposed Rule                   rule change is consistent with the                      Statement on Burden on Competition
                                                Change                                                   Securities Exchange Act of 1934 (the
                                                                                                                                                                   The Exchange does not believe that
                                                   In its filing with the Commission, the                ‘‘Act’’) and the rules and regulations
                                                                                                                                                                 the proposed rule change will impose
                                                Exchange included statements                             thereunder applicable to the Exchange
                                                                                                                                                                 any burden on competition that is not
                                                concerning the purpose of and basis for                  and, in particular, the requirements of
                                                                                                                                                                 necessary or appropriate in furtherance
                                                the proposed rule change and discussed                   Section 6(b) of the Act.5 Specifically,
                                                                                                                                                                 of the purposes of the Act, because it
                                                any comments it received on the                          the Exchange believes the proposed rule
                                                                                                                                                                 applies to all Trading Permit Holders.
                                                proposed rule change. The text of these                  change is consistent with the Section
                                                                                                                                                                 The Exchange believes this proposal
                                                statements may be examined at the                        6(b)(5) 6 requirements that the rules of
                                                                                                                                                                 will not cause an unnecessary burden
                                                places specified in Item IV below. The                   an exchange be designed to prevent
                                                                                                                                                                 on intermarket competition because the
                                                Exchange has prepared summaries, set                     fraudulent and manipulative acts and
                                                                                                                                                                 proposal only affects trading on CBOE.
                                                forth in sections A, B, and C below, of                  practices, to promote just and equitable
                                                                                                                                                                 To the extent that the proposed changes
                                                the most significant aspects of such                     principles of trade, to foster cooperation
                                                                                                                                                                 make CBOE a more attractive
                                                statements.                                              and coordination with persons engaged
                                                                                                                                                                 marketplace for market participants at
                                                                                                         in regulating, clearing, settling,
                                                A. Self-Regulatory Organization’s                                                                                other exchanges, such market
                                                                                                         processing information with respect to,
                                                Statement of the Purpose of, and                                                                                 participants are welcome to become
                                                                                                         and facilitation transactions in
                                                Statutory Basis for, the Proposed Rule                                                                           CBOE market participants.
                                                                                                         securities, to remove impediments to
                                                Change
                                                                                                         and perfect the mechanism of a free and                 C. Self-Regulatory Organization’s
                                                1. Purpose                                               open market and a national market                       Statement on Comments on the
                                                   The Exchange proposes to amend its                    system, and, in general, to protect                     Proposed Rule Change Received From
                                                Fees Schedule, effective July 1, 2015.                   investors and the public interest.                      Members, Participants, or Others
                                                   On May 11, 2015, the Exchange                         Additionally, the Exchange believes the
                                                                                                         proposed rule change is consistent with                   The Exchange neither solicited nor
                                                launched an updated version of the
                                                                                                         Section 6(b)(4) of the Act,7 which                      received comments on the proposed
                                                Floor Broker Workstation (‘‘FBW’’), (i.e.,
                                                                                                         requires that Exchange rules provide for                rule change.
                                                ‘‘FBW2’’). In conjunction with the
                                                launch of FBW2, the Exchange                             the equitable allocation of reasonable                  III. Date of Effectiveness of the
                                                submitted a rule filing which provided                   dues, fees, and other charges among its                 Proposed Rule Change and Timing for
                                                for a fee waiver for the months of May                   Trading Permit Holders and other                        Commission Action
                                                and June 2015, as well as provided that,                 persons using its facilities.
                                                after July 1, 2015, the monthly fee for                     In particular, the Exchange believes it                 The foregoing rule change has become
                                                FBW2 login IDs would be waived for the                   is reasonable to provide a waiver of                    effective pursuant to Section 19(b)(3)(A)
                                                first month.3 The Exchange also noted                    FBW2 fees for each FBW login a TPH                      of the Act 8 and paragraph (f) of Rule
                                                in that filing that after July 2015 (and                 has for the months of July 2015 through                 19b–4 9 thereunder. At any time within
                                                absent an applicable fee waiver noted                    September 2015 because it encourages                    60 days of the filing of the proposed rule
                                                above), TPHs will be charged each of                     users to use and become familiar with                   change, the Commission summarily may
                                                $400 for FBW and FBW2 (i.e., total of                    the updated FBW2 login IDs while                        temporarily suspend such rule change if
                                                $800) if such users continue to use both                 waiting for certain features to be                      it appears to the Commission that such
                                                FBW and FBW2. The Exchange notes                         implemented on FBW2. Additionally,                      action is necessary or appropriate in the
                                                that new features are anticipated to                     the Exchange notes the proposed rule                    public interest, for the protection of
                                                become available on FBW2 in August                       change provides users additional time to                investors, or otherwise in furtherance of
                                                2015. In the meanwhile, the Exchange                     become familiar with and fully                          the purposes of the Act. If the
                                                wishes to encourage FBW users to begin                   acclimated to the new FBW                               Commission takes such action, the
                                                (or continue) transitioning to FBW2                      functionality. The Exchange believes it                 Commission will institute proceedings
                                                logins and provide additional time to                    is reasonable to eliminate the waiver for               to determine whether the proposed rule
                                                become acclimated to FBW2 while still                    the first month for a new login ID                      change should be approved or
                                                being able to use FBW logins. As such,                   currently beginning July 1, 2015,                       disapproved.
                                                the Exchange does not wish to charge a                   because the Exchange is also providing
                                                                                                         for additional waivers of FBW2 logins as                IV. Solicitation of Comments
                                                TPH $400 for using both FBW and
                                                FBW2 login IDs. Accordingly, the                         described above and wants to encourage
                                                                                                                                                                   Interested persons are invited to
                                                Exchange proposes to delete now                                                                                  submit written data, views and
                                                                                                              4 For
                                                                                                                  example, if a TPH has two FBW logins and
                                                outdated language and provide that for                                                                           arguments concerning the foregoing,
srobinson on DSK5SPTVN1PROD with NOTICES




                                                                                                         two FBW2 logins, the total monthly fee would be
                                                every FBW login a TPH has, the FBW2                      $800 ($400 for each FBW login). Another example         including whether the proposed rule
                                                fee will be waived for the months of July                is if a TPH has two FBW logins and three FBW2           change is consistent with the Act.
                                                                                                         logins, the total monthly fee would be $1,200 ($400     Comments may be submitted by any of
                                                  3 See Securities Exchange Act Release No. 75022        for each FBW login and $400 for the additional
                                                                                                         FBW2 login).                                            the following methods:
                                                (May 21, 2015), 80 FR 102 [sic] (May 28, 2015) (SR–
                                                                                                            5 15 U.S.C. 78f(b).
                                                CBOE–2015–049). The adopted fee for FBW2 is the
                                                                                                            6 15 U.S.C. 78f(b)(5).                                 8 15   U.S.C. 78s(b)(3)(A).
                                                same as the existing FBW fee (i.e., $400 per month
                                                (per login ID).                                             7 15 U.S.C. 78f(b)(4).                                 9 17   CFR 240.19b–4(f).



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                                                                                   Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices                                                        42569

                                                Electronic Comments                                        SECURITIES AND EXCHANGE                                 the proposed rule change and discussed
                                                                                                           COMMISSION                                              any comments it received on the
                                                  • Use the Commission’s Internet                                                                                  proposed rule change. The text of these
                                                comment form (http://www.sec.gov/                          [Release No. 34–75437; File No. SR–BATS–
                                                                                                           2015–53]
                                                                                                                                                                   statements may be examined at the
                                                rules/sro.shtml); or                                                                                               places specified in Item IV below. The
                                                  • Send an email to rule-comments@                        Self-Regulatory Organizations; BATS                     Exchange has prepared summaries, set
                                                sec.gov. Please include File Number SR–                    Exchange, Inc.; Notice of Filing and                    forth in Sections A, B, and C below, of
                                                CBOE–2015–066 on the subject line.                         Immediate Effectiveness of a Proposed                   the most significant parts of such
                                                                                                           Rule Change Related to Fees for Use                     statements.
                                                Paper Comments                                             of BATS Exchange, Inc.                                  A. Self-Regulatory Organization’s
                                                  • Send paper comments in triplicate                      July 13, 2015.                                          Statement of the Purpose of, and
                                                to Secretary, Securities and Exchange                         Pursuant to Section 19(b)(1) of the                  Statutory Basis for, the Proposed Rule
                                                Commission, 100 F Street NE.,                              Securities Exchange Act of 1934                         Change
                                                Washington, DC 20549–1090.                                 (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 1. Purpose
                                                All submissions should refer to File                       notice is hereby given that on July 6,
                                                                                                           2015, BATS Exchange, Inc. (‘‘Exchange’’                    The Exchange proposes to amend its
                                                Number SR–CBOE–2015–066. This file                                                                                 Fee Schedule to modify its fees for
                                                                                                           or ‘‘BATS’’) filed with the Securities
                                                number should be included on the                                                                                   physical connectivity. A physical port is
                                                                                                           and Exchange Commission
                                                subject line if email is used. To help the                                                                         utilized by a Member or non-Member to
                                                                                                           (‘‘Commission’’) the proposed rule
                                                Commission process and review your                         change as described in Items I, II, and                 connect to the Exchange at the data
                                                comments more efficiently, please use                      III, below, which Items have been                       centers where the Exchange’s servers are
                                                only one method. The Commission will                       prepared by the Exchange. The                           located. The Exchange currently
                                                post all comments on the Commission’s                      Exchange has designated the proposed                    maintains a presence in two third-party
                                                Internet Web site (http://www.sec.gov/                     rule change as one establishing or                      data centers: (i) The primary data center
                                                rules/sro.shtml). Copies of the                            changing a member due, fee, or other                    where the Exchange’s business is
                                                submission, all subsequent                                 charge imposed by the Exchange under                    primarily conducted on a daily basis,
                                                amendments, all written statements                         Section 19(b)(3)(A)(ii) of the Act 3 and                and (ii) a secondary data center, which
                                                with respect to the proposed rule                          Rule 19b–4(f)(2) thereunder,4 which                     is predominantly maintained for
                                                change that are filed with the                             renders the proposed rule change                        business continuity purposes. The
                                                Commission, and all written                                effective upon filing with the                          Exchange currently assesses the
                                                communications relating to the                             Commission. The Commission is                           following physical connectivity fees for
                                                proposed rule change between the                           publishing this notice to solicit                       Members and non-Members on a
                                                Commission and any person, other than                      comments on the proposed rule change                    monthly basis: $1,000 per physical port
                                                those that may be withheld from the                        from interested persons.                                that connects to the System 6 via 1
                                                public in accordance with the                                                                                      gigabyte circuit; and $2,500 per physical
                                                                                                           I. Self-Regulatory Organization’s                       port that connects to the System via 10
                                                provisions of 5 U.S.C. 552, will be                        Statement of the Terms of Substance of                  gigabyte circuit.
                                                available for Web site viewing and                         the Proposed Rule Change
                                                printing in the Commission’s Public                                                                                   The Exchange now proposes to amend
                                                                                                              The Exchange filed a proposal to                     its physical connectivity fees to align
                                                Reference Room, 100 F Street NE.,
                                                                                                           amend its fees and rebates applicable to                the Exchange’s fees with its affiliates.7
                                                Washington, DC 20549, on official                          Members 5 and non-Members of the                        The Exchange proposes to increase the
                                                business days between the hours of                         Exchange pursuant to BZX Rule 15.1(a)                   fee per physical port that connects to
                                                10:00 a.m. and 3:00 p.m. Copies of the                     and (c) (‘‘Fee Schedule’’) to modify its                the System via: (i) 1 gigabyte circuit
                                                filing also will be available for                          fees for physical connectivity. Changes                 from $1,000 per month to $2,000 per
                                                inspection and copying at the principal                    to the fee schedule pursuant to this                    month; and (ii) 10 gigabyte circuit from
                                                office of the Exchange. All comments                       proposal are effective upon filing.                     $2,500 per month to $4,000 per month.
                                                received will be posted without change;                       The text of the proposed rule change
                                                the Commission does not edit personal                      is available at the Exchange’s Web site                 Implementation Date
                                                identifying information from                               at www.batstrading.com, at the                            The Exchange proposes to implement
                                                submissions. You should submit only                        principal office of the Exchange, and at                this amendment to its Fee Schedule
                                                information that you wish to make                          the Commission’s Public Reference                       immediately.
                                                available publicly. All submissions                        Room.
                                                                                                                                                                   2. Statutory Basis
                                                should refer to File Number SR–CBOE–                       II. Self-Regulatory Organization’s
                                                2015–066 and should be submitted on                        Statement of the Purpose of, and                          The Exchange believes that the
                                                or before August 7, 2015.                                  Statutory Basis for, the Proposed Rule                  proposed rule change is consistent with
                                                  For the Commission, by the Division of                   Change
                                                                                                                                                                      6 The term ‘‘System’’ is defined as ‘‘the electronic
                                                Trading and Markets, pursuant to delegated                    In its filing with the Commission, the               communications and trading facility designated by
                                                authority.10                                               Exchange included statements                            the Board through which securities orders of Users
                                                Robert W. Errett,                                          concerning the purpose of and basis for                 are consolidated for ranking, execution and, when
                                                                                                                                                                   applicable, routing away.’’ See Exchange Rule
srobinson on DSK5SPTVN1PROD with NOTICES




                                                Deputy Secretary.                                                                                                  1.5(cc).
                                                                                                                1 15
                                                                                                                  U.S.C. 78s(b)(1).
                                                [FR Doc. 2015–17534 Filed 7–16–15; 8:45 am]                                                                           7 The Exchange’s affiliates are EDGX Exchange,
                                                                                                                2 17
                                                                                                                  CFR 240.19b–4.
                                                BILLING CODE 8011–01–P                                                                                             Inc. (‘‘EDGX’’), EDGA Exchange, Inc. (‘‘EDGA’’) and
                                                                                                             3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                                                                                   BATS Y-Exchange, Inc. (‘‘BYX’’, together with the
                                                                                                             4 17 CFR 240.19b–4(f)(2).
                                                                                                                                                                   Exchange, EDGA and EDGX, the ‘‘BATS
                                                                                                             5 The term ‘‘Member’’ is defined as ‘‘any             Exchanges’’). The Exchange notes that each of its
                                                                                                           registered broker or dealer that has been admitted      affiliates has also filed or will also file proposed
                                                                                                           to membership in the Exchange.’’ See Exchange           rule changes with Commission to adopt similar
                                                  10 17   CFR 200.30–3(a)(12).                             Rule 1.5(n).                                            physical connectivity fees.



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Document Created: 2018-02-23 09:20:58
Document Modified: 2018-02-23 09:20:58
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 42567 

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