80_FR_42719 80 FR 42582 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of EDGA Exchange, Inc.

80 FR 42582 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of EDGA Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

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

Page Range42582-42584
FR Document2015-17488

Federal Register, Volume 80 Issue 137 (Friday, July 17, 2015)
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42582-42584]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17488]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75433; File No. SR-EDGA-2015-27]


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

July 13, 2015.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on July 2, 2015, EDGA Exchange, Inc. (the ``Exchange'' or 
``EDGA'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend its fees and rebates 
applicable to Members \5\ of the Exchange pursuant to EDGA Rule 15.1(a) 
and (c) (``Fee Schedule'') to amend fee code MT, which routes to EDGX 
Exchange, Inc. (``EDGX'') using the ICMT, IOCM, ROCO or ROUC routing 
strategy and removes liquidity against MidPoint Match Orders \6\ on 
EDGX by: (i) Revising the description of the orders eligible to yield 
fee code MT; and (ii) increasing the fee for orders yielding fee code 
MT.
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    \5\ The term ``Member'' is defined as ``any registered broker or 
dealer, or any person associated with a registered broker or dealer, 
that has been admitted to membership in the Exchange. A Member will 
have the status of a ``member'' of the Exchange as that term is 
defined in section 3(a)(3) of the Act.'' See Exchange Rule 1.5(n).
    \6\ See Exchange Rule 11.8(d).
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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.

[[Page 42583]]

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 amend fee code MT, which routes to EDGX using 
the ICMT, IOCM, ROCO or ROUC routing strategy and removes liquidity 
against MidPoint Match Orders on EDGX by: (i) Revising the description 
of the orders eligible to yield fee code MT; and (ii) increasing the 
fee for orders yielding fee code MT.
Description of Fee Code MT
    The Exchange proposes to amend the description of fee code MT in 
two ways. First, the Exchange proposes to replace references to 
MidPoint Match Orders with MidPoint Peg Orders. This change is in 
response to a proposed rule change filed with the Commission by EDGX to 
align certain EDGX functionality with BATS Exchange, Inc. (``BZX'').\7\ 
The EDGX proposed rules change includes replacing MidPoint Match Orders 
on EDGX with a MidPoint Peg Order type. Therefore, the Exchange 
proposes to amend the description of fee code MT to replace the 
reference to MidPoint Match Orders with MidPoint Peg Orders.
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    \7\ See SR-EDGX-2015-30 [sic] available at www.batstrading.com/regulation/rule_filings/edgx. A description of the changes proposed 
in this filing may be found in BATS EDGX Exchange Modifications, 
Effective July 6, 2015, available at http://cdn.batstrading.com/resources/release_notes/2015/BATS-EDGX-Exchange-Modifications-Effective-July-6-2015.pdf. [sic]
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    Second, the Exchange proposes to remove references to the ROCO and 
ROUC routing strategies \8\ from the description of fee code MT. In 
sum, both the ROCO and ROUC are routing strategies that check the 
System \9\ for available shares and are then sent to low cost 
destinations on the System routing table, which currently includes EDGX 
for these routing strategies. Due to the EDGX fee increase discussed 
below, both the ROCO and ROUC routing strategies will no longer be 
routed to EDGX as of July 6, 2015. Therefore, the Exchange proposes to 
remove references to the ROCO and ROUC routing strategies from the 
description of fee code MT.
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    \8\ See Exchange Rule 11.11(g).
    \9\ See Exchange Rule 1.5(cc).
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    As a result of these two proposed changes, the description of fee 
code MT will be amended to reflect that it will be appended to orders 
that are that routed to EDGX using the ICMT or IOCM routing strategy 
and remove liquidity against MidPoint Peg Orders resting on EDGX.
Fee Code MT Fee Change
    In securities priced at or above $1.00, the Exchange currently 
assesses a fee of $0.00120 per share for Members' orders that yield fee 
code MT. The Exchange proposes to amend its Fee Schedule to increase 
this fee to $0.00290 per share. The proposed change would enable the 
Exchange to pass through the rate that BATS Trading, Inc. (``BATS 
Trading''), the Exchange's affiliated routing broker-dealer, is charged 
for routing orders to EDGX when it does not qualify for a reduced fee. 
The proposed change is in response to EDGX's proposed July 6, 2015 fee 
change where EDGX has announced that it will delete fee code MT, under 
which orders that remove liquidity against MidPoint Match Orders were 
charged a fee of $0.00120 per share.\10\ As a result of EDGX deleting 
its fee code MT, orders that remove liquidity at the midpoint of the 
NBBO will now be charged EDGX's standard removal rate of $0.00290 per 
share.\11\ When BATS Trading routes to EDGX and removes liquidity 
against MidPoint Peg Orders resting on EDGX, it will now be charged a 
standard rate of $0.00290 per share.\12\ BATS Trading will pass through 
this rate to the Exchange and the Exchange, in turn, will pass through 
to its Members.
---------------------------------------------------------------------------

    \10\ See Update: BATS EDGX and EDGA Exchange Pricing Updates 
Effective July 2015, available at http://cdn.batstrading.com/resources/fee_schedule/2015/BATS-EDGX-and-EDGA-Exchange-Pricing-Updates-Effective-July-2015.pdf.
    \11\ Id.
    \12\ The Exchange notes that to the extent BATS Trading does or 
does not achieve any reduced fee on EDGX, its rate for fee code MT 
will not change.
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Implementation Date
    The Exchange proposes to implement these amendments to its Fee 
Schedule on July 6, 2015.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of section 6 of the Act,\13\ in general, and 
furthers the objectives of section 6(b)(4),\14\ 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.
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    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
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Description of Fee Code MT
    The Exchange believes that its proposal to amend the description of 
fee code MT represents an equitable allocation of reasonable dues, 
fees, and other charges among Members and other persons using its 
facilities because it updates the description of fee code MT to reflect 
the scenarios under which fee code MT will be appended to an order. The 
proposed changes are in response to a proposed rule change filed by 
EDGX with the Commission to replace MidPoint Match Orders on EDGX with 
the MidPoint Peg Order type.\15\ In addition, due to the EDGX July 6, 
2015 fee change increase herein,\16\ both the ROCO and ROUC routing 
strategies will no longer be routed to EDGX as of that date. The 
proposal is reasonable because the updated description would reflect 
the scenarios under which orders may yield fee code MT as a result of 
the proposed rule and fee changes proposed by EDGX.\17\ Furthermore, 
the Exchange notes that routing through BATS Trading is voluntary. 
Lastly, the Exchange also believes that the proposed amendment is non-
discriminatory because it applies uniformly to all Members.
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    \15\ See supra note 7.
    \16\ See supra note 10.
    \17\ See supra notes 7 and 10.
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Fee Code MT Fee Change
    The Exchange believes that its proposal to increase the fee for 
Members' orders that yield fee code MT from $0.00120 per share to 
$0.00290 per share represents an equitable allocation of reasonable 
dues, fees, and other charges among Members and other persons using its 
facilities because the Exchange does not levy additional fees or offer 
additional rebates for orders that it routes to EDGX through BATS 
Trading. As of July 6, 2015, EDGX will delete its fee to remove 
liquidity against MidPoint Match Orders of $0.00120 per share, thereby 
charging orders that remove liquidity at the midpoint of the NBBO its 
standard removal rate of $0.00290 per share.\18\ Therefore, the 
Exchange believes that its proposal to pass through a fee of $0.00290 
per share for orders that yield fee code MT is

[[Page 42584]]

equitable and reasonable because it accounts for the pricing changes on 
EDGX. In addition, the proposal allows the Exchange to charge its 
Members a pass-through rate for orders that are routed to EDGX. 
Furthermore, the Exchange notes that routing through BATS Trading is 
voluntary. Lastly, the Exchange also believes that the proposed 
amendment is non-discriminatory because it applies uniformly to all 
Members.
---------------------------------------------------------------------------

    \18\ Id.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    These proposed rule changes do not impose any burden on competition 
that is not necessary or appropriate in furtherance of the purposes of 
the Act. The Exchange does not believe that any of these changes 
represent a significant departure from previous pricing offered by the 
Exchange or pricing offered by the Exchange's competitors. 
Additionally, Members may opt to disfavor EDGA's pricing if they 
believe that alternatives offer them better value. Accordingly, the 
Exchange does not believe that the proposed changes will impair the 
ability of Members or competing venues to maintain their competitive 
standing in the financial markets. The Exchange believes that its 
proposal to pass through a fee of $0.00290 per share for Members' 
orders that yield fee code MT would increase intermarket competition 
because it offers customers an alternative means to route to EDGX. The 
Exchange believes that its proposal would not burden intramarket 
competition because the proposed rate would apply uniformly to all 
Members. Lastly, the Exchange does not believe the updated description 
of fee code MT imposes any burden on competition as it is not designed 
to have a competitive impact. Rather, it is intended to update the 
description of fee code MT to reflect the scenarios under which an 
order would be eligible to yield fee code MT as a result of the 
proposed rule and fee changes proposed by EDGX discussed herein.\19\
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    \19\ Id.
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(C) Self-Regulatory Organization's Statement on Comments on the 
Proposed Rule Change Received From Members, Participants or Others

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any unsolicited written comments from Members or other interested 
parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to section 
19(b)(3)(A) of the Act \20\ and paragraph (f) of Rule 19b-4 
thereunder.\21\ 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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    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-EDGA-2015-27 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-EDGA-2015-27. 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 will also 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-EDGA-2015-27 and should be 
submitted on or before August 7, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-17488 Filed 7-16-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                42582                            Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices

                                                interest; (ii) impose any significant                    Electronic Comments                                       SECURITIES AND EXCHANGE
                                                burden on competition; and (iii) become                                                                            COMMISSION
                                                operative for 30 days from the date on                     • Use the Commission’s Internet
                                                which it was filed, or such shorter time                 comment form (http://www.sec.gov/                         [Release No. 34–75433; File No. SR–EDGA–
                                                as the Commission may designate, it has                  rules/sro.shtml); or                                      2015–27]
                                                become effective pursuant to Section                       • Send an email to rule-comments@                       Self-Regulatory Organizations; EDGA
                                                19(b)(3)(A) of the Act 19 and Rule 19b–                  sec.gov. Please include File Number SR–                   Exchange, Inc.; Notice of Filing and
                                                4(f)(6) thereunder.20                                    NYSEMKT–2015–47 on the subject line.                      Immediate Effectiveness of a Proposed
                                                   A proposed rule change filed
                                                pursuant to Rule 19b–4(f)(6) under the                   Paper Comments                                            Rule Change Related to Fees for Use
                                                Act 21 normally does not become                                                                                    of EDGA Exchange, Inc.
                                                operative for 30 days after the date of its                • Send paper comments in triplicate
                                                                                                                                                                   July 13, 2015.
                                                filing. However, Rule 19b–4(f)(6)(iii) 22                to Brent J. Fields, Secretary, Securities
                                                                                                                                                                      Pursuant to section 19(b)(1) of the
                                                permits the Commission to designate a                    and Exchange Commission, 100 F Street
                                                                                                                                                                   Securities Exchange Act of 1934 (the
                                                shorter time if such action is consistent                NE., Washington, DC 20549–1090.
                                                                                                                                                                   ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                with the protection of investors and the                 All submissions should refer to File                      notice is hereby given that on July 2,
                                                public interest. The Exchange has asked                  Number SR–NYSEMKT–2015–47. This                           2015, EDGA Exchange, Inc. (the
                                                the Commission to waive the 30-day                                                                                 ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
                                                                                                         file number should be included on the
                                                operative delay so that the proposal may                                                                           Securities and Exchange Commission
                                                                                                         subject line if email is used. To help the
                                                become operative immediately upon                                                                                  (‘‘Commission’’) the proposed rule
                                                filing. The Exchange stated that waiver                  Commission process and review your
                                                                                                         comments more efficiently, please use                     change as described in Items I, II and III
                                                of the operative delay will permit the                                                                             below, which Items have been prepared
                                                Exchange to list and trade certain ETF                   only one method. The Commission will
                                                                                                         post all comments on the Commission’s                     by the Exchange. The Exchange has
                                                options on the same basis as other                                                                                 designated the proposed rule change as
                                                options markets.23 The Commission                        Internet Web site (http://www.sec.gov/
                                                                                                         rules/sro.shtml). Copies of the                           one establishing or changing a member
                                                believes the waiver of the operative                                                                               due, fee, or other charge imposed by the
                                                delay is consistent with the protection                  submission, all subsequent
                                                                                                                                                                   Exchange under section 19(b)(3)(A)(ii)
                                                of investors and the public interest.                    amendments, all written statements
                                                                                                                                                                   of the Act 3 and Rule 19b–4(f)(2)
                                                Therefore, the Commission hereby                         with respect to the proposed rule
                                                                                                                                                                   thereunder,4 which renders the
                                                waives the operative delay and                           change that are filed with the                            proposed rule change effective upon
                                                designates the proposal operative upon                   Commission, and all written                               filing with the Commission. The
                                                filing.24                                                communications relating to the
                                                   At any time within 60 days of the                                                                               Commission is publishing this notice to
                                                                                                         proposed rule change between the                          solicit comments on the proposed rule
                                                filing of the proposed rule change, the                  Commission and any person, other than
                                                Commission summarily may                                                                                           change from interested persons.
                                                                                                         those that may be withheld from the
                                                temporarily suspend such rule change if                  public in accordance with the                             I. Self-Regulatory Organization’s
                                                it appears to the Commission that such                   provisions of 5 U.S.C. 552, will be                       Statement of the Terms of Substance of
                                                action is necessary or appropriate in the                                                                          the Proposed Rule Change
                                                                                                         available for Web site viewing and
                                                public interest, for the protection of
                                                                                                         printing in the Commission’s Public                          The Exchange filed a proposal to
                                                investors, or otherwise in furtherance of
                                                                                                         Reference Room, 100 F Street NE.,                         amend its fees and rebates applicable to
                                                the purposes of the Act. If the
                                                                                                         Washington, DC 20549 on official                          Members 5 of the Exchange pursuant to
                                                Commission takes such action, the
                                                Commission shall institute proceedings                   business days between the hours of                        EDGA Rule 15.1(a) and (c) (‘‘Fee
                                                to determine whether the proposed rule                   10:00 a.m. and 3:00 p.m. Copies of such                   Schedule’’) to amend fee code MT,
                                                change should be approved or                             filing also will be available for                         which routes to EDGX Exchange, Inc.
                                                disapproved.                                             inspection and copying at the principal                   (‘‘EDGX’’) using the ICMT, IOCM, ROCO
                                                                                                         office of the Exchange. All comments                      or ROUC routing strategy and removes
                                                IV. Solicitation of Comments                                                                                       liquidity against MidPoint Match
                                                                                                         received will be posted without change;
                                                  Interested persons are invited to                      the Commission does not edit personal                     Orders 6 on EDGX by: (i) Revising the
                                                submit written data, views, and                          identifying information from                              description of the orders eligible to
                                                arguments concerning the foregoing,                                                                                yield fee code MT; and (ii) increasing
                                                                                                         submissions. You should submit only
                                                including whether the proposed rule                                                                                the fee for orders yielding fee code MT.
                                                                                                         information that you wish to make
                                                change is consistent with the Act.                                                                                    The text of the proposed rule change
                                                                                                         available publicly. All submissions                       is available at the Exchange’s Web site
                                                Comments may be submitted by any of                      should refer to File Number SR–
                                                the following methods:                                                                                             at www.batstrading.com, at the
                                                                                                         NYSEMKT–2015–47, and should be                            principal office of the Exchange, and at
                                                  19 15  U.S.C. 78s(b)(3)(A).                            submitted on or before August 7, 2015.                    the Commission’s Public Reference
                                                  20 17  CFR 240.19b–4(f)(6). As required under Rule       For the Commission, by the Division of                  Room.
                                                19b–4(f)(6)(iii), the Exchange provided the
                                                                                                         Trading and Markets, pursuant to delegated
                                                Commission with written notice of its intent to file                                                                 1 15
                                                the proposed rule change, along with a brief             authority.25                                                     U.S.C. 78s(b)(1).
                                                                                                                                                                     2 17 CFR 240.19b–4.
                                                description and the text of the proposed rule            Brent J. Fields,                                            3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                change, at least five business days prior to the date
srobinson on DSK5SPTVN1PROD with NOTICES




                                                of filing of the proposed rule change.                   Secretary.                                                  4 17 CFR 240.19b–4(f)(2).
                                                   21 17 CFR 240.19b–4(f)(6).                            [FR Doc. 2015–17495 Filed 7–16–15; 8:45 am]                 5 The term ‘‘Member’’ is defined as ‘‘any
                                                   22 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                         BILLING CODE 8011–01–P
                                                                                                                                                                   registered broker or dealer, or any person associated
                                                   23 See supra note 18.                                                                                           with a registered broker or dealer, that has been
                                                   24 For purposes only of waiving the 30-day                                                                      admitted to membership in the Exchange. A
                                                operative delay, the Commission has also                                                                           Member will have the status of a ‘‘member’’ of the
                                                considered the proposed rule’s impact on                                                                           Exchange as that term is defined in section 3(a)(3)
                                                efficiency, competition, and capital formation. See                                                                of the Act.’’ See Exchange Rule 1.5(n).
                                                15 U.S.C. 78c(f).                                             25 17   CFR 200.30–3(a)(12).                           6 See Exchange Rule 11.8(d).




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                                                                                 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices                                            42583

                                                II. Self-Regulatory Organization’s                       for these routing strategies. Due to the              the objectives of section 6 of the Act,13
                                                Statement of the Purpose of, and                         EDGX fee increase discussed below,                    in general, and furthers the objectives of
                                                Statutory Basis for, the Proposed Rule                   both the ROCO and ROUC routing                        section 6(b)(4),14 in particular, as it is
                                                Change                                                   strategies will no longer be routed to                designed to provide for the equitable
                                                   In its filing with the Commission, the                EDGX as of July 6, 2015. Therefore, the               allocation of reasonable dues, fees and
                                                Exchange included statements                             Exchange proposes to remove references                other charges among its Members and
                                                concerning the purpose of and basis for                  to the ROCO and ROUC routing                          other persons using its facilities.
                                                the proposed rule change and discussed                   strategies from the description of fee
                                                                                                                                                               Description of Fee Code MT
                                                any comments it received on the                          code MT.
                                                proposed rule change. The text of these                     As a result of these two proposed                     The Exchange believes that its
                                                statements may be examined at the                        changes, the description of fee code MT               proposal to amend the description of fee
                                                places specified in Item IV below. The                   will be amended to reflect that it will be            code MT represents an equitable
                                                Exchange has prepared summaries, set                     appended to orders that are that routed               allocation of reasonable dues, fees, and
                                                forth in sections A, B, and C below, of                  to EDGX using the ICMT or IOCM                        other charges among Members and other
                                                the most significant parts of such                       routing strategy and remove liquidity                 persons using its facilities because it
                                                statements.                                              against MidPoint Peg Orders resting on                updates the description of fee code MT
                                                                                                         EDGX.                                                 to reflect the scenarios under which fee
                                                (A) Self-Regulatory Organization’s                                                                             code MT will be appended to an order.
                                                Statement of the Purpose of, and                         Fee Code MT Fee Change                                The proposed changes are in response to
                                                Statutory Basis for, the Proposed Rule                      In securities priced at or above $1.00,            a proposed rule change filed by EDGX
                                                Change                                                   the Exchange currently assesses a fee of              with the Commission to replace
                                                1. Purpose                                               $0.00120 per share for Members’ orders                MidPoint Match Orders on EDGX with
                                                                                                         that yield fee code MT. The Exchange                  the MidPoint Peg Order type.15 In
                                                   The Exchange proposes amend fee
                                                                                                         proposes to amend its Fee Schedule to                 addition, due to the EDGX July 6, 2015
                                                code MT, which routes to EDGX using
                                                                                                         increase this fee to $0.00290 per share.              fee change increase herein,16 both the
                                                the ICMT, IOCM, ROCO or ROUC
                                                                                                         The proposed change would enable the                  ROCO and ROUC routing strategies will
                                                routing strategy and removes liquidity
                                                                                                         Exchange to pass through the rate that                no longer be routed to EDGX as of that
                                                against MidPoint Match Orders on
                                                                                                         BATS Trading, Inc. (‘‘BATS Trading’’),                date. The proposal is reasonable because
                                                EDGX by: (i) Revising the description of
                                                                                                         the Exchange’s affiliated routing broker-             the updated description would reflect
                                                the orders eligible to yield fee code MT;
                                                                                                         dealer, is charged for routing orders to              the scenarios under which orders may
                                                and (ii) increasing the fee for orders
                                                                                                         EDGX when it does not qualify for a                   yield fee code MT as a result of the
                                                yielding fee code MT.
                                                                                                         reduced fee. The proposed change is in                proposed rule and fee changes proposed
                                                Description of Fee Code MT                               response to EDGX’s proposed July 6,                   by EDGX.17 Furthermore, the Exchange
                                                   The Exchange proposes to amend the                    2015 fee change where EDGX has                        notes that routing through BATS
                                                description of fee code MT in two ways.                  announced that it will delete fee code                Trading is voluntary. Lastly, the
                                                First, the Exchange proposes to replace                  MT, under which orders that remove                    Exchange also believes that the
                                                references to MidPoint Match Orders                      liquidity against MidPoint Match Orders               proposed amendment is non-
                                                with MidPoint Peg Orders. This change                    were charged a fee of $0.00120 per                    discriminatory because it applies
                                                is in response to a proposed rule change                 share.10 As a result of EDGX deleting its             uniformly to all Members.
                                                filed with the Commission by EDGX to                     fee code MT, orders that remove
                                                                                                                                                               Fee Code MT Fee Change
                                                align certain EDGX functionality with                    liquidity at the midpoint of the NBBO
                                                BATS Exchange, Inc. (‘‘BZX’’).7 The                      will now be charged EDGX’s standard                      The Exchange believes that its
                                                EDGX proposed rules change includes                      removal rate of $0.00290 per share.11                 proposal to increase the fee for
                                                replacing MidPoint Match Orders on                       When BATS Trading routes to EDGX                      Members’ orders that yield fee code MT
                                                EDGX with a MidPoint Peg Order type.                     and removes liquidity against MidPoint                from $0.00120 per share to $0.00290 per
                                                Therefore, the Exchange proposes to                      Peg Orders resting on EDGX, it will now               share represents an equitable allocation
                                                amend the description of fee code MT                     be charged a standard rate of $0.00290                of reasonable dues, fees, and other
                                                to replace the reference to MidPoint                     per share.12 BATS Trading will pass                   charges among Members and other
                                                Match Orders with MidPoint Peg                           through this rate to the Exchange and                 persons using its facilities because the
                                                Orders.                                                  the Exchange, in turn, will pass through              Exchange does not levy additional fees
                                                   Second, the Exchange proposes to                      to its Members.                                       or offer additional rebates for orders that
                                                remove references to the ROCO and                                                                              it routes to EDGX through BATS
                                                                                                         Implementation Date                                   Trading. As of July 6, 2015, EDGX will
                                                ROUC routing strategies 8 from the
                                                description of fee code MT. In sum, both                   The Exchange proposes to implement                  delete its fee to remove liquidity against
                                                the ROCO and ROUC are routing                            these amendments to its Fee Schedule                  MidPoint Match Orders of $0.00120 per
                                                strategies that check the System 9 for                   on July 6, 2015.                                      share, thereby charging orders that
                                                available shares and are then sent to low                                                                      remove liquidity at the midpoint of the
                                                                                                         2. Statutory Basis
                                                cost destinations on the System routing                                                                        NBBO its standard removal rate of
                                                table, which currently includes EDGX                       The Exchange believes that the                      $0.00290 per share.18 Therefore, the
                                                                                                         proposed rule change is consistent with               Exchange believes that its proposal to
                                                  7 See SR–EDGX–2015–30 [sic] available at                                                                     pass through a fee of $0.00290 per share
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                                                www.batstrading.com/regulation/rule_filings/edgx.          10 See Update: BATS EDGX and EDGA Exchange
                                                                                                                                                               for orders that yield fee code MT is
                                                A description of the changes proposed in this filing     Pricing Updates Effective July 2015, available at
                                                may be found in BATS EDGX Exchange                       http://cdn.batstrading.com/resources/fee_schedule/      13 15
                                                Modifications, Effective July 6, 2015, available at      2015/BATS-EDGX-and-EDGA-Exchange-Pricing-                      U.S.C. 78f.
                                                                                                                                                                 14 15  U.S.C. 78f(b)(4).
                                                http://cdn.batstrading.com/resources/release_            Updates-Effective-July-2015.pdf.
                                                                                                                                                                 15 See supra note 7.
                                                notes/2015/BATS-EDGX-Exchange-Modifications-               11 Id.
                                                Effective-July-6-2015.pdf. [sic]                           12 The Exchange notes that to the extent BATS         16 See supra note 10.
                                                  8 See Exchange Rule 11.11(g).                                                                                  17 See supra notes 7 and 10.
                                                                                                         Trading does or does not achieve any reduced fee
                                                  9 See Exchange Rule 1.5(cc).                           on EDGX, its rate for fee code MT will not change.      18 Id.




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                                                42584                            Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices

                                                equitable and reasonable because it                      III. Date of Effectiveness of the                           inspection and copying at the principal
                                                accounts for the pricing changes on                      Proposed Rule Change and Timing for                         office of the Exchange. All comments
                                                EDGX. In addition, the proposal allows                   Commission Action                                           received will be posted without change;
                                                the Exchange to charge its Members a                        The foregoing rule change has become                     the Commission does not edit personal
                                                pass-through rate for orders that are                    effective pursuant to section 19(b)(3)(A)                   identifying information from
                                                routed to EDGX. Furthermore, the                         of the Act 20 and paragraph (f) of Rule                     submissions. You should submit only
                                                Exchange notes that routing through                      19b–4 thereunder.21 At any time within                      information that you wish to make
                                                BATS Trading is voluntary. Lastly, the                   60 days of the filing of the proposed rule                  available publicly. All submissions
                                                Exchange also believes that the                          change, the Commission summarily may                        should refer to File Number SR–EDGA–
                                                proposed amendment is non-                               temporarily suspend such rule change if                     2015–27 and should be submitted on or
                                                discriminatory because it applies                        it appears to the Commission that such                      before August 7, 2015.
                                                uniformly to all Members.                                action is necessary or appropriate in the                     For the Commission, by the Division of
                                                                                                         public interest, for the protection of                      Trading and Markets, pursuant to delegated
                                                (B) Self-Regulatory Organization’s                       investors, or otherwise in furtherance of                   authority.22
                                                Statement on Burden on Competition                       the purposes of the Act.                                    Brent J. Fields,
                                                                                                                                                                     Secretary.
                                                   These proposed rule changes do not                    IV. Solicitation of Comments
                                                                                                                                                                     [FR Doc. 2015–17488 Filed 7–16–15; 8:45 am]
                                                impose any burden on competition that                      Interested persons are invited to                         BILLING CODE 8011–01–P
                                                is not necessary or appropriate in                       submit written data, views, and
                                                furtherance of the purposes of the Act.                  arguments concerning the foregoing,
                                                The Exchange does not believe that any                   including whether the proposed rule                         SECURITIES AND EXCHANGE
                                                of these changes represent a significant                 change is consistent with the Act.                          COMMISSION
                                                departure from previous pricing offered                  Comments may be submitted by any of
                                                by the Exchange or pricing offered by                                                                                [Release No. 34–75434; File No. SR–
                                                                                                         the following methods:
                                                                                                                                                                     NYSEArca–2015–57]
                                                the Exchange’s competitors.
                                                                                                         Electronic Comments
                                                Additionally, Members may opt to                                                                                     Self-Regulatory Organizations; NYSE
                                                disfavor EDGA’s pricing if they believe                    • Use the Commission’s Internet                           Arca, Inc.; Notice of Filing and
                                                that alternatives offer them better value.               comment form (http://www.sec.gov/                           Immediate Effectiveness of Proposed
                                                Accordingly, the Exchange does not                       rules/sro.shtml); or                                        Rule Change Adding a Pricing Tier
                                                believe that the proposed changes will                     • Send an email to rule-comments@
                                                                                                                                                                     Applicable to Orders of ETP Holders
                                                                                                         sec.gov. Please include File Number SR–
                                                impair the ability of Members or                                                                                     for Tape A, Tape B and Tape C
                                                                                                         EDGA–2015–27 on the subject line.
                                                competing venues to maintain their                                                                                   Securities That Are Eligible To Be
                                                competitive standing in the financial                    Paper Comments                                              Routed Away From the Exchange
                                                markets. The Exchange believes that its                     • Send paper comments in triplicate                      July 13, 2015.
                                                proposal to pass through a fee of                        to Brent J. Fields, Secretary, Securities                      Pursuant to Section 19(b)(1) of the
                                                $0.00290 per share for Members’ orders                   and Exchange Commission, 100 F Street                       Securities Exchange Act of 1934
                                                that yield fee code MT would increase                    NE., Washington, DC 20549–1090.                             (‘‘Act’’),1 and Rule 19b–4 2 thereunder,
                                                intermarket competition because it                       All submissions should refer to File                        notice is hereby given that, on June 30,
                                                offers customers an alternative means to                 Number SR–EDGA–2015–27. This file                           2015, NYSE Arca, Inc. (the ‘‘Exchange’’
                                                route to EDGX. The Exchange believes                     number should be included on the                            or ‘‘NYSE Arca’’) filed with the
                                                that its proposal would not burden                       subject line if email is used. To help the                  Securities and Exchange Commission
                                                intramarket competition because the                      Commission process and review your                          (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                proposed rate would apply uniformly to                   comments more efficiently, please use                       rule change as described in Items I, II,
                                                all Members. Lastly, the Exchange does                   only one method. The Commission will                        and III below, which Items have been
                                                not believe the updated description of                   post all comments on the Commission’s                       prepared by the Exchange. The
                                                fee code MT imposes any burden on                        Internet Web site (http://www.sec.gov/                      Commission is publishing this notice to
                                                competition as it is not designed to have                rules/sro.shtml). Copies of the                             solicit comments on the proposed rule
                                                a competitive impact. Rather, it is                      submission, all subsequent                                  change from interested persons.
                                                intended to update the description of                    amendments, all written statements
                                                fee code MT to reflect the scenarios                     with respect to the proposed rule                           I. Self-Regulatory Organization’s
                                                under which an order would be eligible                   change that are filed with the                              Statement of the Terms of Substance of
                                                                                                         Commission, and all written                                 the Proposed Rule Change
                                                to yield fee code MT as a result of the
                                                proposed rule and fee changes proposed                   communications relating to the                                 The Exchange proposes to add a
                                                by EDGX discussed herein.19                              proposed rule change between the                            pricing tier applicable to orders of ETP
                                                                                                         Commission and any person, other than                       Holders for Tape A, Tape B and Tape C
                                                (C) Self-Regulatory Organization’s                       those that may be withheld from the                         Securities that are eligible to be routed
                                                Statement on Comments on the                             public in accordance with the                               away from the Exchange. The Exchange
                                                Proposed Rule Change Received From                       provisions of 5 U.S.C. 552, will be                         proposes to implement the changes on
                                                Members, Participants or Others                          available for Web site viewing and                          July 1, 2015. The text of the proposed
                                                                                                         printing in the Commission’s Public                         rule change is available on the
                                                  The Exchange has not solicited, and
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                                                                                                         Reference Room, 100 F Street NE.,                           Exchange’s Web site at www.nyse.com,
                                                does not intend to solicit, comments on                  Washington, DC 20549, on official                           at the principal office of the Exchange,
                                                this proposed rule change. The                           business days between the hours of                          and at the Commission’s Public
                                                Exchange has not received any                            10:00 a.m. and 3:00 p.m. Copies of the                      Reference Room.
                                                unsolicited written comments from                        filing will also be available for
                                                Members or other interested parties.                                                                                   22 17 CFR 200.30–3(a)(12).
                                                                                                              20 15 U.S.C. 78s(b)(3)(A).                               1 15 U.S.C. 78s(b)(1).
                                                  19 Id.                                                      21 17 CFR 240.19b–4(f).                                  2 17 CFR 240.19b–4.




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Document Created: 2018-02-23 09:21:53
Document Modified: 2018-02-23 09:21:53
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
DatesBATS EDGX and EDGA Exchange Pricing Updates Effective July 2015, available at http://cdn.batstrading.com/ resources/fee_schedule/2015/BATS-EDGX-and-EDGA-Exchange-Pricing- Updates-Effective-July-2015.pdf.
FR Citation80 FR 42582 

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