80_FR_48119 80 FR 47966 - 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 47966 - 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 153 (August 10, 2015)

Page Range47966-47968
FR Document2015-19534

Federal Register, Volume 80 Issue 153 (Monday, August 10, 2015)
[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Notices]
[Pages 47966-47968]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19534]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75593; File No. SR-EDGA-2015-29]


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.

August 4, 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 28, 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: (i) To remove fee codes 5, EA, and ER 
which are appended to trades that inadvertently match against each 
other and share the same Market Participant Identifier (``MPID'') 
(``Internalized Trade''); and (ii) amend the criteria for the MidPoint 
Discretionary Order Add Volume Tier.
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    \5\ The term ``Member'' is defined as ``any registered broker or 
dealer, or any person associated with a registered broker or dealer, 
that has been admitted to membership in the Exchange. A Member will 
have the status of a ``member'' of the Exchange as that term is 
defined in Section 3(a)(3) of the Act.'' See Exchange Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to: (i) To remove fee codes 5, EA, and ER 
which are appended to Internalized Trades; and (ii) amend the criteria 
for the MidPoint Discretionary Order Add Volume Tier.
Fee Codes 5, EA, and ER
    The Exchange proposes to remove fee codes 5, EA, and ER which are 
appended to Internalized Trades as well as footnote 13. During Regular 
Trading Hours,\6\ fee code EA is appended to side of an Internalized 
Trade that adds liquidity while fee code ER is appended to the side of 
an Internalized Trade that removes liquidity. Fee code 5 is appended to 
Internalized Trades that add or remove liquidity during the Pre-Opening 
\7\ and Post-Closing Sessions.\8\ Orders that yield fee codes 5, EA, or 
ER are charged a fee of $0.00015 per share in securities priced at or 
above $1.00 and are charged no fee in securities priced below $1.00. 
Going forward, each side of an Internalized Trade will be subject to 
the Exchange's standard fees or rebates. Under the Exchange's standard 
rates, a rebate of $0.0002 per share is provided to orders that remove 
liquidity in securities priced at or above $1.00. For orders that add 
liquidity, a charge of $0.0005 per share is applied for orders in 
securities priced at or above $1.00, unless the Member qualifies for a 
decreased fee. Orders in securities priced below $1.00 are free, 
regardless of whether they add or remove liquidity.
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    \6\ The ``Regular Trading Hours'' is defined as ``the time 
between 9:30 a.m. and 4:00 p.m. Eastern Time.'' See Exchange Rule 
1.5(y).
    \7\ The ``Pre-Opening Session'' is defined as ``the time between 
8:00 a.m. and 9:30 a.m. Eastern Time.'' See Exchange Rule 1.5(r).
    \8\ The ``Post-Closing Session'' is defined as ``the time 
between 4:00 p.m. and 8:00 p.m. Eastern Time.'' See Exchange Rule 
1.5(s).
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    The Exchange also proposes to delete footnote 13, which states that 
a Member's monthly volume attributed to fee code 5 will be allocated 
accordingly between the added fee codes and removal fee codes when 
determining whether that Member satisfied a certain tier. The Exchange 
proposes to delete footnote 13 as it will no longer be necessary once 
fee code 5 is deleted.
MidPoint Discretionary Order Add Volume Tier
    The Exchange proposes to amend the criteria for the MidPoint 
Discretionary Order Add Volume Tier. Under the tier, a Member qualifies 
for a reduced fee of $0.0003 per share where that Member: (i) Adds an 
ADV of at least 0.20% of the TCV including non-displayed orders that 
add liquidity; and (ii) adds or removes an ADV of at least 500,000 
shares yielding fee codes DM or DT. Fee code DM is applied to non-
displayed orders that add liquidity using MidPoint Discretionary Orders 
\9\ and fee code DT is applied to non-displayed orders that remove 
liquidity using MidPoint Discretionary Orders. Orders that yield fee 
code DM or fee code DT that do not meet to the criteria of the MidPoint 
Discretionary Order Add Volume Tier

[[Page 47967]]

are charged a fee of $0.00050 per share. The Exchange now proposes to 
decrease the TCV requirement to require that a Member adds an ADV of at 
least 0.15% of the TCV including non-displayed orders that add 
liquidity. Easing the criteria of the MidPoint Discretionary Order Add 
Volume Tier is intended to further incentive Members to submit an 
increased number of MidPoint Discretionary Orders to the Exchange, 
thereby increasing the liquidity on the Exchange at the midpoint of the 
National Best Bid or Offer (``NBBO'').
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    \9\ See Exchange Rule 11.8(e) for a description of MidPoint 
Discretionary Orders.
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Implementation Date
    The Exchange proposes to implement these amendments to its Fee 
Schedule on August 3, 2015.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 of the Act,\10\ in general, and 
furthers the objectives of Section 6(b)(4),\11\ in particular, as it is 
designed to provide for the equitable allocation of reasonable dues, 
fees and other charges among its Members and other persons using its 
facilities. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct 
order flow to competing venues if they deem fee levels at a particular 
venue to be excessive. The proposed rule change reflects a competitive 
pricing structure designed to incent market participants to direct 
their order flow to the Exchange. The Exchange believes that the 
proposed rates are equitable and non-discriminatory in that they apply 
uniformly to all Members. The Exchange believes the fees and credits 
remain competitive with those charged by other venues and therefore 
continue to be reasonable and equitably allocated to Members.
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    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(4).
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Fee Codes 5, EA, and ER
    The Exchange believes that its proposal to delete fee codes 5, EA, 
and ER, as well as footnote 13 represents an equitable allocation of 
reasonable dues, fees, and other charges among Members and other 
persons using its facilities. The Exchange notes that other exchanges 
do not charge separate fees for their member's Internalized Trades, 
thereby subjecting such trades to their standard fees and rebates.\12\ 
In addition, the proposed fees for Internalized Trades are designed to 
continue to discourage Members from inadvertently matching their buy 
and sell orders with one another. Internalized Trades would now be 
subject to the Exchange's standard fees or rebates, therefore 
subjecting such trades to the Exchange's current maker/taker 
spreads.\13\ The charge for Members inadvertently matching with 
themselves is equal to and continues to be no more favorable than the 
Exchange's maker/taker spread, enabling the Exchange to continue to 
discourage potential wash sales. The Exchange also believes that the 
proposed amendments are non-discriminatory because they will be apply 
to all Members uniformly.
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    \12\ Both the Nasdaq Stock Market LLC (``Nasdaq'') and the New 
York Stock Exchange, Inc. (``NYSE'') do not charge separate or 
different fees for Internalized Trades. See the Nasdaq Price List--
Trading Connectivity, available at http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2 (last visited July 28, 2015); and 
NYSE Trading Fees available at https://www.nyse.com/markets/nyse/trading-info/fees (last visited July 28, 2015).
    \13\ The Exchange's standard rates result in a maker/taker 
spread of $0.0003 per share ($0.0005 (fee)--$0.0002 (rebate) = 
$0.0003), equal to the total fee for an Internalized Trade that 
yields fee codes EA and ER ($0.00015 (fee) + $0.00015 (fee) = 
$0.0003). The Exchange will continue to ensure that the fees 
applicable to Internalized Trades are no more favorable than the 
Exchange's prevailing maker/taker spread.
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MidPoint Discretionary Order Add Volume Tier
    The Exchange believes amending the criteria for the MidPoint 
Discretionary Order Add Volume Tier represents an equitable allocation 
of reasonable dues, fees, and other charges among Members and other 
persons using its facilities because it is designed to further 
incentivize Members to increase their use of MidPoint Discretionary 
Orders on EDGA. MidPoint Discretionary Orders increase displayed 
liquidity on the Exchange while also enhancing execution opportunities 
at the midpoint of the NBBO. Promotion of displayed liquidity at the 
NBBO enhances market quality for all Members. Members utilizing 
MidPoint Discretionary Orders provide liquidity at the midpoint of the 
NBBO increasing the potential for an order to receive price 
improvement, and easing the tier's criteria so that Members may be 
eligible for a decreased fee is a reasonable means by which to 
encourage the use of such orders. In addition, the Exchange believes 
that by encouraging the use of MidPoint Discretionary Orders by easing 
the tier's criteria, Members seeking price improvement would be more 
motivated to direct their orders to EDGA because they would have a 
heightened expectation of the availability of liquidity at the midpoint 
of the NBBO. The Exchange also believes that the proposed amendment to 
the MidPoint Discretionary Order Add Volume Tier is non-discriminatory 
because it will be available to all Members.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes its proposed amendments to its Fee Schedule 
would not impose any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The Exchange 
does not believe that the proposed change represents a significant 
departure from previous pricing offered by the Exchange or pricing 
offered by the Exchange's competitors. Additionally, Members may opt to 
disfavor the Exchange's pricing if they believe that alternatives offer 
them better value. Accordingly, the Exchange does not believe that the 
proposed change will impair the ability of Members or competing venues 
to maintain their competitive standing in the financial markets.
Fee Codes 5, EA, and ER
    The Exchange believes that its proposal to delete fee codes 5, EA, 
and ER, as well as footnote 13 will not burden intermarket or 
intramarket competition as Internalized Trades would be subject to the 
Exchange's standard fee sand rebates resulting in rates for 
Internalized Trades that are equal to and no more favorable than 
Members achieving the maker/taker spreads between the Exchange's 
standard add and remove rates. The Exchange believes that its proposal 
would not burden intramarket competition because the proposed rebate 
would apply uniformly to all Members.
MidPoint Discretionary Order Add Volume Tier
    The Exchange believes that its proposal to ease the criteria for 
the MidPoint Discretionary Order Add Volume Tier would increase 
intermarket competition because it would further incentivize Members to 
send an increased amount MidPoint Discretionary Orders to the Exchange 
in order to qualify for the tier's decreased fee. The Exchange believes 
that its proposal would neither increase nor decrease intramarket 
competition because the MidPoint Discretionary Order Add Volume Tier 
would apply uniformly to all Members and the ability of some Members to 
meet the tier would only benefit other Members by contributing to 
increased liquidity at the midpoint of the NBBO and better market 
quality at the Exchange.

[[Page 47968]]

(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 \14\ and paragraph (f) of Rule 19b-4 
thereunder.\15\ 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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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-EDGA-2015-29 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-2015-29. 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-2015-29 and should be 
submitted on or before August 31, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-19534 Filed 8-7-15; 8:45 am]
 BILLING CODE 8011-01-P



                                              47966                             Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices

                                              Commission, and all written                              proposed rule change effective upon                     Hours,6 fee code EA is appended to side
                                              communications relating to the                           filing with the Commission. The                         of an Internalized Trade that adds
                                              proposed rule change between the                         Commission is publishing this notice to                 liquidity while fee code ER is appended
                                              Commission and any person, other than                    solicit comments on the proposed rule                   to the side of an Internalized Trade that
                                              those that may be withheld from the                      change from interested persons.                         removes liquidity. Fee code 5 is
                                              public in accordance with the                                                                                    appended to Internalized Trades that
                                                                                                       I. Self-Regulatory Organization’s
                                              provisions of 5 U.S.C. 552, will be                                                                              add or remove liquidity during the Pre-
                                                                                                       Statement of the Terms of Substance of
                                              available for Web site viewing and                                                                               Opening 7 and Post-Closing Sessions.8
                                                                                                       the Proposed Rule Change
                                              printing in the Commission’s Public                                                                              Orders that yield fee codes 5, EA, or ER
                                              Reference Room, 100 F Street NE.,                           The Exchange filed a proposal to                     are charged a fee of $0.00015 per share
                                              Washington, DC 20549, on official                        amend its fees and rebates applicable to                in securities priced at or above $1.00
                                              business days between the hours of                       Members 5 of the Exchange pursuant to                   and are charged no fee in securities
                                              10:00 a.m. and 3:00 p.m. Copies of the                   EDGA Rule 15.1(a) and (c) (‘‘Fee                        priced below $1.00. Going forward, each
                                              filing will also be available for                        Schedule’’) to: (i) To remove fee codes                 side of an Internalized Trade will be
                                              inspection and copying at the principal                  5, EA, and ER which are appended to                     subject to the Exchange’s standard fees
                                              office of the Exchange. All comments                     trades that inadvertently match against                 or rebates. Under the Exchange’s
                                              received will be posted without change;                  each other and share the same Market                    standard rates, a rebate of $0.0002 per
                                              the Commission does not edit personal                    Participant Identifier (‘‘MPID’’)                       share is provided to orders that remove
                                              identifying information from                             (‘‘Internalized Trade’’); and (ii) amend                liquidity in securities priced at or above
                                              submissions. You should submit only                      the criteria for the MidPoint                           $1.00. For orders that add liquidity, a
                                              information that you wish to make                        Discretionary Order Add Volume Tier.                    charge of $0.0005 per share is applied
                                              available publicly. All submissions                         The text of the proposed rule change                 for orders in securities priced at or
                                              should refer to File Number SR–EDGX–                     is available at the Exchange’s Web site                 above $1.00, unless the Member
                                              2015–35 and should be submitted on or                    at www.batstrading.com, at the                          qualifies for a decreased fee. Orders in
                                              before August 31, 2015.                                  principal office of the Exchange, and at                securities priced below $1.00 are free,
                                                                                                       the Commission’s Public Reference                       regardless of whether they add or
                                                For the Commission, by the Division of
                                              Trading and Markets, pursuant to delegated               Room.                                                   remove liquidity.
                                              authority.14                                             II. Self-Regulatory Organization’s                         The Exchange also proposes to delete
                                              Robert W. Errett,                                        Statement of the Purpose of, and                        footnote 13, which states that a
                                              Deputy Secretary.                                        Statutory Basis for, the Proposed Rule                  Member’s monthly volume attributed to
                                              [FR Doc. 2015–19535 Filed 8–7–15; 8:45 am]               Change                                                  fee code 5 will be allocated accordingly
                                                                                                                                                               between the added fee codes and
                                              BILLING CODE 8011–01–P                                      In its filing with the Commission, the               removal fee codes when determining
                                                                                                       Exchange included statements                            whether that Member satisfied a certain
                                                                                                       concerning the purpose of and basis for                 tier. The Exchange proposes to delete
                                              SECURITIES AND EXCHANGE                                  the proposed rule change and discussed
                                              COMMISSION                                                                                                       footnote 13 as it will no longer be
                                                                                                       any comments it received on the                         necessary once fee code 5 is deleted.
                                              [Release No. 34–75593; File No. SR–EDGA–                 proposed rule change. The text of these
                                              2015–29]                                                 statements may be examined at the                       MidPoint Discretionary Order Add
                                                                                                       places specified in Item IV below. The                  Volume Tier
                                              Self-Regulatory Organizations; EDGA                      Exchange has prepared summaries, set                       The Exchange proposes to amend the
                                              Exchange, Inc.; Notice of Filing and                     forth in Sections A, B, and C below, of                 criteria for the MidPoint Discretionary
                                              Immediate Effectiveness of a Proposed                    the most significant parts of such                      Order Add Volume Tier. Under the tier,
                                              Rule Change Related to Fees for Use                      statements.                                             a Member qualifies for a reduced fee of
                                              of EDGA Exchange, Inc.                                                                                           $0.0003 per share where that Member:
                                                                                                       (A) Self-Regulatory Organization’s
                                              August 4, 2015.                                                                                                  (i) Adds an ADV of at least 0.20% of the
                                                                                                       Statement of the Purpose of, and
                                                 Pursuant to Section 19(b)(1) of the                                                                           TCV including non-displayed orders
                                                                                                       Statutory Basis for, the Proposed Rule                  that add liquidity; and (ii) adds or
                                              Securities Exchange Act of 1934 (the                     Change
                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                           removes an ADV of at least 500,000
                                              notice is hereby given that on July 28,                  1. Purpose                                              shares yielding fee codes DM or DT. Fee
                                              2015, EDGA Exchange, Inc. (the                              The Exchange proposes to: (i) To                     code DM is applied to non-displayed
                                              ‘‘Exchange’’ or ‘‘EDGA’’) filed with the                 remove fee codes 5, EA, and ER which                    orders that add liquidity using MidPoint
                                              Securities and Exchange Commission                       are appended to Internalized Trades;                    Discretionary Orders 9 and fee code DT
                                              (‘‘Commission’’) the proposed rule                       and (ii) amend the criteria for the                     is applied to non-displayed orders that
                                              change as described in Items I, II and III               MidPoint Discretionary Order Add                        remove liquidity using MidPoint
                                              below, which Items have been prepared                    Volume Tier.                                            Discretionary Orders. Orders that yield
                                              by the Exchange. The Exchange has                                                                                fee code DM or fee code DT that do not
                                                                                                       Fee Codes 5, EA, and ER                                 meet to the criteria of the MidPoint
                                              designated the proposed rule change as
                                                                                                         The Exchange proposes to remove fee                   Discretionary Order Add Volume Tier
                                              one establishing or changing a member
                                              due, fee, or other charge imposed by the                 codes 5, EA, and ER which are
                                                                                                                                                                 6 The ‘‘Regular Trading Hours’’ is defined as ‘‘the
                                              Exchange under Section 19(b)(3)(A)(ii)                   appended to Internalized Trades as well                 time between 9:30 a.m. and 4:00 p.m. Eastern
                                              of the Act 3 and Rule 19b–4(f)(2)                        as footnote 13. During Regular Trading                  Time.’’ See Exchange Rule 1.5(y).
tkelley on DSK3SPTVN1PROD with NOTICES




                                              thereunder,4 which renders the                                                                                     7 The ‘‘Pre-Opening Session’’ is defined as ‘‘the
                                                                                                         5 The term ‘‘Member’’ is defined as ‘‘any             time between 8:00 a.m. and 9:30 a.m. Eastern
                                                14 17                                                  registered broker or dealer, or any person associated   Time.’’ See Exchange Rule 1.5(r).
                                                      CFR 200.30–3(a)(12).                                                                                       8 The ‘‘Post-Closing Session’’ is defined as ‘‘the
                                                1 15 U.S.C. 78s(b)(1).
                                                                                                       with a registered broker or dealer, that has been
                                                                                                       admitted to membership in the Exchange. A               time between 4:00 p.m. and 8:00 p.m. Eastern
                                                2 17 CFR 240.19b–4.
                                                                                                       Member will have the status of a ‘‘member’’ of the      Time.’’ See Exchange Rule 1.5(s).
                                                3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                       Exchange as that term is defined in Section 3(a)(3)       9 See Exchange Rule 11.8(e) for a description of
                                                4 17 CFR 240.19b–4(f)(2).                              of the Act.’’ See Exchange Rule 1.5(n).                 MidPoint Discretionary Orders.



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                                                                           Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices                                              47967

                                              are charged a fee of $0.00050 per share.                the proposed fees for Internalized                      Discretionary Order Add Volume Tier is
                                              The Exchange now proposes to decrease                   Trades are designed to continue to                      non-discriminatory because it will be
                                              the TCV requirement to require that a                   discourage Members from inadvertently                   available to all Members.
                                              Member adds an ADV of at least 0.15%                    matching their buy and sell orders with
                                              of the TCV including non-displayed                      one another. Internalized Trades would                  (B) Self-Regulatory Organization’s
                                              orders that add liquidity. Easing the                   now be subject to the Exchange’s                        Statement on Burden on Competition
                                              criteria of the MidPoint Discretionary                  standard fees or rebates, therefore                       The Exchange believes its proposed
                                              Order Add Volume Tier is intended to                    subjecting such trades to the Exchange’s                amendments to its Fee Schedule would
                                              further incentive Members to submit an                  current maker/taker spreads.13 The                      not impose any burden on competition
                                              increased number of MidPoint                            charge for Members inadvertently                        that is not necessary or appropriate in
                                              Discretionary Orders to the Exchange,                   matching with themselves is equal to
                                                                                                                                                              furtherance of the purposes of the Act.
                                              thereby increasing the liquidity on the                 and continues to be no more favorable
                                                                                                                                                              The Exchange does not believe that the
                                              Exchange at the midpoint of the                         than the Exchange’s maker/taker spread,
                                                                                                                                                              proposed change represents a significant
                                              National Best Bid or Offer (‘‘NBBO’’).                  enabling the Exchange to continue to
                                                                                                                                                              departure from previous pricing offered
                                                                                                      discourage potential wash sales. The
                                              Implementation Date                                     Exchange also believes that the                         by the Exchange or pricing offered by
                                                The Exchange proposes to implement                    proposed amendments are non-                            the Exchange’s competitors.
                                              these amendments to its Fee Schedule                    discriminatory because they will be                     Additionally, Members may opt to
                                              on August 3, 2015.                                      apply to all Members uniformly.                         disfavor the Exchange’s pricing if they
                                                                                                                                                              believe that alternatives offer them
                                              2. Statutory Basis                                      MidPoint Discretionary Order Add                        better value. Accordingly, the Exchange
                                                 The Exchange believes that the                       Volume Tier                                             does not believe that the proposed
                                              proposed rule change is consistent with                    The Exchange believes amending the                   change will impair the ability of
                                              the objectives of Section 6 of the Act,10               criteria for the MidPoint Discretionary                 Members or competing venues to
                                              in general, and furthers the objectives of              Order Add Volume Tier represents an                     maintain their competitive standing in
                                              Section 6(b)(4),11 in particular, as it is              equitable allocation of reasonable dues,                the financial markets.
                                              designed to provide for the equitable                   fees, and other charges among Members
                                                                                                                                                              Fee Codes 5, EA, and ER
                                              allocation of reasonable dues, fees and                 and other persons using its facilities
                                              other charges among its Members and                     because it is designed to further                         The Exchange believes that its
                                              other persons using its facilities. The                 incentivize Members to increase their                   proposal to delete fee codes 5, EA, and
                                              Exchange also notes that it operates in                 use of MidPoint Discretionary Orders on                 ER, as well as footnote 13 will not
                                              a highly-competitive market in which                    EDGA. MidPoint Discretionary Orders                     burden intermarket or intramarket
                                              market participants can readily direct                  increase displayed liquidity on the                     competition as Internalized Trades
                                              order flow to competing venues if they                  Exchange while also enhancing                           would be subject to the Exchange’s
                                              deem fee levels at a particular venue to                execution opportunities at the midpoint                 standard fee sand rebates resulting in
                                              be excessive. The proposed rule change                  of the NBBO. Promotion of displayed                     rates for Internalized Trades that are
                                              reflects a competitive pricing structure                liquidity at the NBBO enhances market                   equal to and no more favorable than
                                              designed to incent market participants                  quality for all Members. Members                        Members achieving the maker/taker
                                              to direct their order flow to the                       utilizing MidPoint Discretionary Orders                 spreads between the Exchange’s
                                              Exchange. The Exchange believes that                    provide liquidity at the midpoint of the                standard add and remove rates. The
                                              the proposed rates are equitable and                    NBBO increasing the potential for an                    Exchange believes that its proposal
                                              non-discriminatory in that they apply                   order to receive price improvement, and                 would not burden intramarket
                                              uniformly to all Members. The                           easing the tier’s criteria so that Members              competition because the proposed
                                              Exchange believes the fees and credits                  may be eligible for a decreased fee is a                rebate would apply uniformly to all
                                              remain competitive with those charged                   reasonable means by which to                            Members.
                                              by other venues and therefore continue                  encourage the use of such orders. In
                                              to be reasonable and equitably allocated                addition, the Exchange believes that by                 MidPoint Discretionary Order Add
                                              to Members.                                             encouraging the use of MidPoint                         Volume Tier
                                                                                                      Discretionary Orders by easing the tier’s
                                              Fee Codes 5, EA, and ER                                 criteria, Members seeking price                           The Exchange believes that its
                                                The Exchange believes that its                        improvement would be more motivated                     proposal to ease the criteria for the
                                              proposal to delete fee codes 5, EA, and                 to direct their orders to EDGA because                  MidPoint Discretionary Order Add
                                              ER, as well as footnote 13 represents an                they would have a heightened                            Volume Tier would increase intermarket
                                              equitable allocation of reasonable dues,                expectation of the availability of                      competition because it would further
                                              fees, and other charges among Members                   liquidity at the midpoint of the NBBO.                  incentivize Members to send an
                                              and other persons using its facilities.                 The Exchange also believes that the                     increased amount MidPoint
                                              The Exchange notes that other                           proposed amendment to the MidPoint                      Discretionary Orders to the Exchange in
                                              exchanges do not charge separate fees                                                                           order to qualify for the tier’s decreased
                                              for their member’s Internalized Trades,                 Trader.aspx?id=PriceListTrading2 (last visited July     fee. The Exchange believes that its
                                              thereby subjecting such trades to their                 28, 2015); and NYSE Trading Fees available at           proposal would neither increase nor
                                              standard fees and rebates.12 In addition,               https://www.nyse.com/markets/nyse/trading-info/         decrease intramarket competition
                                                                                                      fees (last visited July 28, 2015).                      because the MidPoint Discretionary
                                                                                                         13 The Exchange’s standard rates result in a
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                                                10 15U.S.C. 78f.                                      maker/taker spread of $0.0003 per share ($0.0005
                                                                                                                                                              Order Add Volume Tier would apply
                                                11 15U.S.C. 78f(b)(4).                                (fee)—$0.0002 (rebate) = $0.0003), equal to the total   uniformly to all Members and the ability
                                                12 Both the Nasdaq Stock Market LLC (‘‘Nasdaq’’)      fee for an Internalized Trade that yields fee codes     of some Members to meet the tier would
                                              and the New York Stock Exchange, Inc. (‘‘NYSE’’)        EA and ER ($0.00015 (fee) + $0.00015 (fee) =            only benefit other Members by
                                              do not charge separate or different fees for            $0.0003). The Exchange will continue to ensure that
                                              Internalized Trades. See the Nasdaq Price List—         the fees applicable to Internalized Trades are no
                                                                                                                                                              contributing to increased liquidity at the
                                              Trading Connectivity, available at http://              more favorable than the Exchange’s prevailing           midpoint of the NBBO and better market
                                              www.nasdaqtrader.com/                                   maker/taker spread.                                     quality at the Exchange.


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                                              47968                          Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices

                                              (C) Self-Regulatory Organization’s                      Commission and any person, other than                 with language indicating the fees for
                                              Statement on Comments on the                            those that may be withheld from the                   NASDAQ Last Sale Plus (‘‘NLS Plus’’),
                                              Proposed Rule Change Received From                      public in accordance with the                         a comprehensive data feed offered by
                                              Members, Participants or Others                         provisions of 5 U.S.C. 552, will be                   NASDAQ OMX Information LLC.3
                                                The Exchange has not solicited, and                   available for Web site viewing and                       The text of the proposed rule change
                                              does not intend to solicit, comments on                 printing in the Commission’s Public                   is available on the Exchange’s Web site
                                              this proposed rule change. The                          Reference Room, 100 F Street NE.,                     at http://nasdaq.cchwallstreet.com, at
                                              Exchange has not received any                           Washington, DC 20549, on official                     the principal office of the Exchange, and
                                              unsolicited written comments from                       business days between the hours of                    at the Commission’s Public Reference
                                              Members or other interested parties.                    10:00 a.m. and 3:00 p.m. Copies of the                Room.
                                                                                                      filing will also be available for
                                              III. Date of Effectiveness of the                                                                             II. Self-Regulatory Organization’s
                                                                                                      inspection and copying at the principal
                                              Proposed Rule Change and Timing for                                                                           Statement of the Purpose of, and
                                                                                                      office of the Exchange. All comments
                                              Commission Action                                                                                             Statutory Basis for, the Proposed Rule
                                                                                                      received will be posted without change;
                                                                                                                                                            Change
                                                 The foregoing rule change has become                 the Commission does not edit personal
                                              effective pursuant to Section 19(b)(3)(A)               identifying information from                             In its filing with the Commission, the
                                              of the Act 14 and paragraph (f) of Rule                 submissions. You should submit only                   Exchange included statements
                                              19b–4 thereunder.15 At any time within                  information that you wish to make                     concerning the purpose of and basis for
                                              60 days of the filing of the proposed rule              available publicly. All submissions                   the proposed rule change and discussed
                                              change, the Commission summarily may                    should refer to File Number SR–EDGA–                  any comments it received on the
                                              temporarily suspend such rule change if                 2015–29 and should be submitted on or                 proposed rule change. The text of these
                                              it appears to the Commission that such                  before August 31, 2015.                               statements may be examined at the
                                              action is necessary or appropriate in the                 For the Commission, by the Division of
                                                                                                                                                            places specified in Item IV below. The
                                              public interest, for the protection of                  Trading and Markets, pursuant to delegated            Exchange has prepared summaries, set
                                              investors, or otherwise in furtherance of               authority.16                                          forth in sections A, B, and C below, of
                                              the purposes of the Act.                                Robert W. Errett,                                     the most significant aspects of such
                                                                                                      Deputy Secretary.                                     statements.
                                              IV. Solicitation of Comments
                                                                                                      [FR Doc. 2015–19534 Filed 8–7–15; 8:45 am]            A. Self-Regulatory Organization’s
                                                Interested persons are invited to                                                                           Statement of the Purpose of, and
                                                                                                      BILLING CODE 8011–01–P
                                              submit written data, views, and                                                                               Statutory Basis for, the Proposed Rule
                                              arguments concerning the foregoing,                                                                           Change
                                              including whether the proposed rule                     SECURITIES AND EXCHANGE
                                              change is consistent with the Act.                      COMMISSION                                            1. Purpose
                                              Comments may be submitted by any of                                                                              The purpose of this proposal is to
                                              the following methods:                                  [Release No. 34–75600; File No. SR–
                                                                                                      NASDAQ–2015–088]                                      amend Rule 7039 with language
                                              Electronic Comments                                                                                           indicating the fees for NLS Plus. NLS
                                                                                                      Self-Regulatory Organizations; The                    Plus allows data distributors to access
                                                • Use the Commission’s Internet                                                                             the three last sale products offered by
                                              comment form (http://www.sec.gov/                       NASDAQ Stock Market LLC; Notice of
                                                                                                      Filing and Immediate Effectiveness of                 each of NASDAQ OMX’s three U.S.
                                              rules/sro.shtml); or                                                                                          equity markets.4 Thus, in offering NLS
                                                • Send an email to rule-comments@                     Proposed Rule Change Regarding
                                                                                                      NASDAQ Last Sale Plus                                 Plus, NASDAQ OMX Information LLC is
                                              sec.gov. Please include File Number SR–
                                                                                                                                                            acting as a redistributor of last sale
                                              EDGA–2015–29 on the subject line.                       August 4, 2015.                                       products already offered by NASDAQ,
                                              Paper Comments                                             Pursuant to Section 19(b)(1) of the
                                                                                                      Securities Exchange Act of 1934
                                                • Send paper comments in triplicate
                                                                                                                                                               3 NASDAQ OMX Information LLC is a subsidiary

                                                                                                      (‘‘Act’’) 1 and Rule 19b–4 thereunder,2               of The NASDAQ OMX Group, Inc. (‘‘NASDAQ
                                              to Brent J. Fields, Secretary, Securities               notice is hereby given that on July 24,               OMX’’).
                                              and Exchange Commission, 100 F Street                   2015, The NASDAQ Stock Market LLC                        4 The NASDAQ OMX U.S. equity markets include

                                              NE., Washington, DC 20549–1090.                         (‘‘NASDAQ’’ or ‘‘Exchange’’) filed with
                                                                                                                                                            The NASDAQ Stock Market (‘‘NASDAQ’’),
                                                                                                                                                            NASDAQ OMX BX (‘‘BX’’), and NASDAQ OMX
                                              All submissions should refer to File                    the Securities and Exchange                           PSX (‘‘PSX’’) (together known as the ‘‘NASDAQ
                                              Number SR–EDGA–2015–29. This file                       Commission (‘‘SEC’’ or ‘‘Commission’’)                OMX equity markets’’). PSX and BX will shortly file
                                              number should be included on the                        the proposed rule change as described                 companion proposals regarding data feeds similar
                                              subject line if email is used. To help the                                                                    to NLS Plus. NASDAQ’s last sale product, NASDAQ
                                                                                                      in Items I, II, and III, below, which Items           Last Sale, includes last sale information from the
                                              Commission process and review your                      have been prepared by the Exchange.                   FINRA/NASDAQ Trade Reporting Facility
                                              comments more efficiently, please use                   The Commission is publishing this                     (‘‘FINRA/NASDAQ TRF’’), which is jointly
                                              only one method. The Commission will                    notice to solicit comments on the                     operated by NASDAQ and the Financial Industry
                                              post all comments on the Commission’s                                                                         Regulatory Authority (‘‘FINRA’’). See Securities
                                                                                                      proposed rule change from interested                  Exchange Act Release No. 71350 (January 17, 2014),
                                              Internet Web site (http://www.sec.gov/                  persons.                                              79 FR 4218 (January 24, 2014) (SR–FINRA–2014–
                                              rules/sro.shtml). Copies of the                                                                               002). For proposed rule changes submitted with
                                              submission, all subsequent                              I. Self-Regulatory Organization’s                     respect to NASDAQ Last Sale, BX Last Sale, and
                                              amendments, all written statements                      Statement of the Terms of Substance of                PSX Last Sale, see, e.g., Securities Exchange Act
                                              with respect to the proposed rule                       the Proposed Rule Change                              Release Nos. 57965 (June 16, 2008), 73 FR 35178,
                                                                                                                                                            (June 20, 2008) (SR–NASDAQ–2006–060) (order
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                                              change that are filed with the                             The Exchange proposes to amend                     approving NASDAQ Last Sale data feeds pilot);
                                              Commission, and all written                             Rule 7039 (NASDAQ Last Sale and                       61112 (December 4, 2009), 74 FR 65569, (December
                                              communications relating to the                          NASDAQ Last Sale Plus Data Feeds)                     10, 2009) (SR–BX–2009–077) (notice of filing and
                                                                                                                                                            immediate effectiveness regarding BX Last Sale data
                                              proposed rule change between the                                                                              feeds); and 62876 (September 9, 2010), 75 FR
                                                                                                        16 17 CFR 200.30–3(a)(12).                          56624, (September 16, 2010) (SR–Phlx–2010–120)
                                                14 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C. 78s(b)(1).                              (notice of filing and immediate effectiveness
                                                15 17 CFR 240.19b–4(f).                                 2 17 CFR 240.19b–4.                                 regarding PSX Last Sale data feeds).



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Document Created: 2015-12-15 12:11:52
Document Modified: 2015-12-15 12:11:52
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 47966 

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