80_FR_50218 80 FR 50059 - Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of BATS Y-Exchange, Inc.

80 FR 50059 - Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of BATS Y-Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 159 (August 18, 2015)

Page Range50059-50061
FR Document2015-20280

Federal Register, Volume 80 Issue 159 (Tuesday, August 18, 2015)
[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50059-50061]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20280]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75677; File No. SR-BYX-2015-34]


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

August 12, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on August 3, 2015, BATS Y-Exchange, Inc. (the ``Exchange'' or 
``BYX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.


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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable 
to Members \5\ and non-members of the Exchange pursuant to BYX Rules 
15.1(a) and (c) (``Fee Schedule'') to: (i) Modify the rebate structure 
for certain routing strategies that route to NASDAQ OMX BX, Inc. 
(``Nasdaq BX''); and (ii) adopt a new tier applicable to certain routed 
orders as well as a new definition to support such tier.
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    \5\ The term ``Member'' is defined as ``any registered broker or 
dealer that has been admitted to membership in the Exchange.'' See 
Exchange Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to: (i) Modify the rebate structure for 
certain routing strategies that route to Nasdaq BX; and (ii) adopt a 
new tier applicable to certain routed orders as well as a new 
definition to support such tier.
Amended Fee Code C
    The Exchange currently provides: (i) A rebate of $0.0016 per share 
for Members' orders that yield fee code C, applicable to orders routed 
to Nasdaq BX using the Destination Specific routing strategy; \6\ (ii) 
a rebate of $0.0010 per share for Members' orders that yield fee code 
TV, applicable to orders routed to Nasdaq BX using the TRIM2 routing 
strategy; \7\ and (iii) a rebate of $0.0015 per share for Members' 
orders that yield fee code TX, applicable to orders routed to Nasdaq BX 
using the TRIM routing strategy.\8\ The Exchange proposes to amend its 
Fee Schedule to provide a standard rebate of $0.0010 per share for 
Members' orders that yield fee code C, which would continue to include 
Destination Specific routing to Nasdaq BX as well as routing to Nasdaq 
BX using the TRIM and TRIM2 routing strategies. The Exchange would, in 
turn, eliminate fee codes TV and TX. The Exchange notes that the 
$0.0010 per share rebate provided pursuant to the proposed change may 
still be a higher rebate for an order routed to Nasdaq BX that a Member 
may obtain when routing directly to Nasdaq BX, depending on the 
applicable tier for which such Member may qualify. Nasdaq BX currently 
provides a standard rebate to remove

[[Page 50060]]

liquidity of $0.0006 per share, with various tiers providing rebates up 
to $0.0017 per share.\9\
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    \6\ The Destination Specific routing strategy is defined in Rule 
11.13(b)(3)(E).
    \7\ The TRIM2 routing strategy is defined in Rule 
11.13(b)(3)(G)(v).
    \8\ The TRIM routing strategy is defined in Rule 
11.13(b)(3)(G)(iv).
    \9\ See the Nasdaq BX fee schedule available at: http://www.nasdaqtrader.com/Trader.aspx?id=bx_pricing.
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Routing Tier
    In conjunction with the change above, the Exchange proposes to 
adopt a Routing Tier that would allow Members to achieve a higher 
rebate for orders routed to Nasdaq BX through the Destination Specific, 
TRIM and TRIM2 routing strategies. Specifically, for such orders, which 
will yield fee code C, the Exchange proposes to provide a rebate of 
$0.0016 per share to any Member that maintains ADV, as defined below, 
equal to or greater than 0.10% of the TCV.\10\ Thus, if a Member 
qualifies for this tier, such Member will be able to continue to 
receive the same rebate that was previously provided for Destination 
Specific routing and a higher rebate than has been previously provided 
for routing through the TRIM and TRIM2 routing strategies.
---------------------------------------------------------------------------

    \10\ ``TCV'' means total consolidated volume calculated as the 
volume reported by all exchanges to the consolidated transaction 
reporting plan for the month for which the fees apply.
---------------------------------------------------------------------------

    The Exchange's Fee Schedule currently defines the term ADAV, which 
means the average daily volume calculated as the number of shares added 
per day. The Exchange proposes to adopt a definition of ADV, which 
would mean the number of shares added or removed, combined, per day. As 
is true for ADAV, the Exchange proposes to calculate ADV on a monthly 
basis.
    The Exchange also proposes to extend each of the volume exclusions 
and details applicable to ADAV to the new definition of ADV. Thus, the 
Exchange proposes to exclude from its calculation of ADV shares added 
on any day that the Exchange's system experiences a disruption that 
lasts for more than 60 minutes during regular trading hours (``Exchange 
System Disruption''), on any day with a scheduled early market close 
and on the last Friday in June (the ``Russell Reconstitution Day''). 
The Exchange also proposes to make clear that routed shares are not 
included in ADAV or ADV calculation. Finally, the Exchange proposes to 
state on the Fee Schedule that with prior notice to the Exchange, a 
Member may aggregate ADAV or ADV with other Members that control, are 
controlled by, or are under common control with such Member (as 
evidenced on such Member's Form BD). The Exchange notes that the 
proposed definition of ADV is based on the fee schedules of affiliates 
of the Exchange, including BATS Exchange, Inc., which already has 
definitions of both ADV and ADAV.\11\
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    \11\ See the BATS Exchange fee schedule available at: http://batstrading.com/support/fee_schedule/bzx/.
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Implementation Date
    The Exchange proposes to implement these amendments to its Fee 
Schedule immediately.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 of the Act,\12\ in general, and 
furthers the objectives of Section 6(b)(4),\13\ 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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that its proposal to modify the rebate for 
Members' orders that yield fee code C from $0.0016 to $0.0010 per share 
and to include TRIM and TRIM2 routing strategies that execute at Nasdaq 
BX within such fee code represents an equitable allocation of 
reasonable dues, fees, and other charges among Members and other 
persons using its facilities. The Exchange notes that this will not 
result in any change, other than the fee code assigned, to Members 
using the TRIM2 routing strategy. Though the proposed change will 
result in a lower rebate for Members using the Destination Specific and 
TRIM routing strategies, the Exchange notes that the rebate provided 
for routing to Nasdaq BX through the Exchange is still higher than the 
rebate provided by Nasdaq BX unless a Member would otherwise qualify 
for certain higher rebate tiers at Nasdaq BX. Further, the Exchange 
notes that the proposed Routing Tier will provide Members with an 
opportunity to maintain the same rebate earned for Destination Specific 
routing to Nasdaq BX and a higher rebate than was previously available 
for the TRIM and TRIM2 routing strategies for orders executed at Nasdaq 
BX. Therefore, the Exchange believes that the proposed changes to fee 
code C and the elimination of fee codes TX and TV is equitable and 
reasonable. The Exchange notes that routing through the Exchange is 
voluntary. Lastly, the Exchange also believes that the proposed 
amendment is non-discriminatory because it applies uniformly to all 
Members.
    The Exchange believes that the proposed addition of the Routing 
Tier represents an equitable allocation of reasonable dues, fees, and 
other charges among Members and other persons using its facilities 
because it rewards Members that contribute to price discovery on the 
Exchange. Volume-based rebates such as the ones proposed herein have 
been widely by equities and options exchanges, and are equitable and 
reasonable because they are open to all Members on an equal basis and 
provide discounts or rebates that are reasonably related to the value 
to an exchange's market quality associated with higher levels of market 
activity, such as higher levels of liquidity provision and introduction 
of higher volumes of orders into the price and volume discovery 
processes. The Exchange believes that the proposed rebate for the 
Routing Tier is reasonable because it is the same rebate as is 
currently provided for Destination Specific routing for orders executed 
at Nasdaq BX and is comparable to the rebate provided by Nasdaq BX 
directly to participants on Nasdaq BX that reach the highest tier.\14\ 
The Exchange also believes that the proposed Routing Tier is fair and 
equitable and non-discriminatory in that it will be available to all 
Members.
---------------------------------------------------------------------------

    \14\ See supra, note 7.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe its proposed amendments to its Fee 
Schedule would impose any burden on competition that is not necessary 
or appropriate in furtherance of the purposes of the Act. 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

[[Page 50061]]

impair the ability of Members or competing venues to maintain their 
competitive standing in the financial markets. The Exchange does not 
believe that its proposal would burden intramarket competition because 
the proposed rate would apply uniformly to all Members and the Routing 
Tier would be equally available to all Members.

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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any 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 \15\ and paragraph (f) of Rule 19b-4 
thereunder.\16\ At any time within 60 days of the filing of the 
proposed rule change, the Commission summarily may temporarily suspend 
such rule change if it appears to the Commission that such action is 
necessary or appropriate in the public interest, for the protection of 
investors, or otherwise in furtherance of the purposes of the Act.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 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-BYX-2015-34 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BYX-2015-34. 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-BYX-2015-34 and should be 
submitted on or before September 8, 2015.

Brent J. Fields,
Secretary.
[FR Doc. 2015-20280 Filed 8-17-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                     Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices                                                 50059

                                                    Electronic Comments                                       SECURITIES AND EXCHANGE                               II. Self-Regulatory Organization’s
                                                                                                              COMMISSION                                            Statement of the Purpose of, and
                                                      • Use the Commission’s Internet                                                                               Statutory Basis for, the Proposed Rule
                                                    comment form (http://www.sec.gov/                                                                               Change
                                                                                                              [Release No. 34–75677; File No. SR–BYX–
                                                    rules/sro.shtml); or
                                                                                                              2015–34]                                                 In its filing with the Commission, the
                                                      • Send an email to rule-comments@                                                                             Exchange included statements
                                                    sec.gov. Please include File Number SR–                   Self-Regulatory Organizations; BATS                   concerning the purpose of and basis for
                                                    BOX–2015–28 on the subject line.                          Y-Exchange, Inc.; Notice of Filing and                the proposed rule change and discussed
                                                                                                              Immediate Effectiveness of a Proposed                 any comments it received on the
                                                    Paper Comments
                                                                                                              Rule Change Related to Fees for Use                   proposed rule change. The text of these
                                                      • Send paper comments in triplicate                     of BATS Y-Exchange, Inc.                              statements may be examined at the
                                                    to Secretary, Securities and Exchange                                                                           places specified in Item IV below. The
                                                                                                              August 12, 2015.                                      Exchange has prepared summaries, set
                                                    Commission, 100 F Street NE.,
                                                    Washington, DC 20549–1090.                                   Pursuant to Section 19(b)(1) of the                forth in Sections A, B, and C below, of
                                                                                                              Securities Exchange Act of 1934 (the                  the most significant parts of such
                                                    All submissions should refer to File                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2                statements.
                                                    Number SR–BOX–2015–28. This file                          notice is hereby given that on August 3,              (A) Self-Regulatory Organization’s
                                                    number should be included on the                          2015, BATS Y-Exchange, Inc. (the                      Statement of the Purpose of, and
                                                    subject line if email is used. To help the                ‘‘Exchange’’ or ‘‘BYX’’) filed with the               Statutory Basis for, the Proposed Rule
                                                    Commission process and review your                        Securities and Exchange Commission                    Change
                                                    comments more efficiently, please use                     (‘‘Commission’’) the proposed rule
                                                    only one method. The Commission will                                                                            1. Purpose
                                                                                                              change as described in Items I, II and III
                                                    post all comments on the Commission’s                     below, which Items have been prepared                    The Exchange proposes to: (i) Modify
                                                    Internet Web site (http://www.sec.gov/                                                                          the rebate structure for certain routing
                                                                                                              by the Exchange. The Exchange has
                                                    rules/sro.shtml). Copies of the                                                                                 strategies that route to Nasdaq BX; and
                                                                                                              designated the proposed rule change as
                                                    submission, all subsequent                                                                                      (ii) adopt a new tier applicable to
                                                                                                              one establishing or changing a member                 certain routed orders as well as a new
                                                    amendments, all written statements                        due, fee, or other charge imposed by the
                                                    with respect to the proposed rule                                                                               definition to support such tier.
                                                                                                              Exchange under Section 19(b)(3)(A)(ii)
                                                    change that are filed with the                            of the Act 3 and Rule 19b–4(f)(2)                     Amended Fee Code C
                                                    Commission, and all written                               thereunder,4 which renders the                           The Exchange currently provides: (i)
                                                    communications relating to the                            proposed rule change effective upon                   A rebate of $0.0016 per share for
                                                    proposed rule change between the                          filing with the Commission. The                       Members’ orders that yield fee code C,
                                                    Commission and any person, other than                     Commission is publishing this notice to               applicable to orders routed to Nasdaq
                                                    those that may be withheld from the                       solicit comments on the proposed rule                 BX using the Destination Specific
                                                    public in accordance with the                             change from interested persons.                       routing strategy; 6 (ii) a rebate of $0.0010
                                                    provisions of 5 U.S.C. 552, will be                                                                             per share for Members’ orders that yield
                                                    available for Web site viewing and                                                                              fee code TV, applicable to orders routed
                                                    printing in the Commission’s Public                       I. Self-Regulatory Organization’s                     to Nasdaq BX using the TRIM2 routing
                                                    Reference Room, 100 F Street NE.,                         Statement of the Terms of Substance of                strategy; 7 and (iii) a rebate of $0.0015
                                                    Washington, DC 20549, on official                         the Proposed Rule Change                              per share for Members’ orders that yield
                                                    business days between the hours of                                                                              fee code TX, applicable to orders routed
                                                    10:00 a.m. and 3:00 p.m. Copies of the                       The Exchange filed a proposal to                   to Nasdaq BX using the TRIM routing
                                                    filing also will be available for                         amend the fee schedule applicable to                  strategy.8 The Exchange proposes to
                                                    inspection and copying at the principal                   Members 5 and non-members of the                      amend its Fee Schedule to provide a
                                                    office of the Exchange. All comments                      Exchange pursuant to BYX Rules 15.1(a)                standard rebate of $0.0010 per share for
                                                    received will be posted without change;                   and (c) (‘‘Fee Schedule’’) to: (i) Modify             Members’ orders that yield fee code C,
                                                    the Commission does not edit personal                     the rebate structure for certain routing              which would continue to include
                                                    identifying information from                              strategies that route to NASDAQ OMX                   Destination Specific routing to Nasdaq
                                                    submissions. You should submit only                       BX, Inc. (‘‘Nasdaq BX’’); and (ii) adopt              BX as well as routing to Nasdaq BX
                                                                                                                                                                    using the TRIM and TRIM2 routing
                                                    information that you wish to make                         a new tier applicable to certain routed
                                                                                                                                                                    strategies. The Exchange would, in turn,
                                                    available publicly. All submissions                       orders as well as a new definition to
                                                                                                                                                                    eliminate fee codes TV and TX. The
                                                    should refer to File Number SR–BOX–                       support such tier.                                    Exchange notes that the $0.0010 per
                                                    2015–28 and should be submitted on or                        The text of the proposed rule change               share rebate provided pursuant to the
                                                    before September 8, 2015.                                 is available at the Exchange’s Web site               proposed change may still be a higher
                                                      For the Commission, by the Division of                  at www.batstrading.com, at the                        rebate for an order routed to Nasdaq BX
                                                    Trading and Markets, pursuant to delegated                principal office of the Exchange, and at              that a Member may obtain when routing
                                                    authority.16                                              the Commission’s Public Reference                     directly to Nasdaq BX, depending on the
                                                    Brent J. Fields,                                          Room.                                                 applicable tier for which such Member
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Secretary.                                                                                                      may qualify. Nasdaq BX currently
                                                    [FR Doc. 2015–20279 Filed 8–17–15; 8:45 am]
                                                                                                                1 15 U.S.C. 78s(b)(1).                              provides a standard rebate to remove
                                                                                                                2 17 CFR 240.19b–4.
                                                    BILLING CODE 8011–01–P                                      3 15 U.S.C. 78s(b)(3)(A)(ii).                         6 The Destination Specific routing strategy is
                                                                                                                4 17 CFR 240.19b–4(f)(2).                           defined in Rule 11.13(b)(3)(E).
                                                                                                                5 The term ‘‘Member’’ is defined as ‘‘any             7 The TRIM2 routing strategy is defined in Rule

                                                                                                              registered broker or dealer that has been admitted    11.13(b)(3)(G)(v).
                                                                                                              to membership in the Exchange.’’ See Exchange           8 The TRIM routing strategy is defined in Rule
                                                      16 17   CFR 200.30–3(a)(12).                            Rule 1.5(n).                                          11.13(b)(3)(G)(iv).



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                                                    50060                        Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices

                                                    liquidity of $0.0006 per share, with                    including BATS Exchange, Inc., which                  Destination Specific routing to Nasdaq
                                                    various tiers providing rebates up to                   already has definitions of both ADV and               BX and a higher rebate than was
                                                    $0.0017 per share.9                                     ADAV.11                                               previously available for the TRIM and
                                                                                                                                                                  TRIM2 routing strategies for orders
                                                    Routing Tier                                            Implementation Date
                                                                                                                                                                  executed at Nasdaq BX. Therefore, the
                                                       In conjunction with the change above,                  The Exchange proposes to implement                  Exchange believes that the proposed
                                                    the Exchange proposes to adopt a                        these amendments to its Fee Schedule                  changes to fee code C and the
                                                    Routing Tier that would allow Members                   immediately.                                          elimination of fee codes TX and TV is
                                                    to achieve a higher rebate for orders                                                                         equitable and reasonable. The Exchange
                                                                                                            2. Statutory Basis
                                                    routed to Nasdaq BX through the                                                                               notes that routing through the Exchange
                                                    Destination Specific, TRIM and TRIM2                       The Exchange believes that the                     is voluntary. Lastly, the Exchange also
                                                    routing strategies. Specifically, for such              proposed rule change is consistent with               believes that the proposed amendment
                                                    orders, which will yield fee code C, the                the objectives of Section 6 of the Act,12             is non-discriminatory because it applies
                                                    Exchange proposes to provide a rebate                   in general, and furthers the objectives of            uniformly to all Members.
                                                    of $0.0016 per share to any Member that                 Section 6(b)(4),13 in particular, as it is               The Exchange believes that the
                                                    maintains ADV, as defined below, equal                  designed to provide for the equitable                 proposed addition of the Routing Tier
                                                    to or greater than 0.10% of the TCV.10                  allocation of reasonable dues, fees and               represents an equitable allocation of
                                                    Thus, if a Member qualifies for this tier,              other charges among its Members and                   reasonable dues, fees, and other charges
                                                    such Member will be able to continue to                 other persons using its facilities. The               among Members and other persons
                                                    receive the same rebate that was                        Exchange also notes that it operates in               using its facilities because it rewards
                                                    previously provided for Destination                     a highly-competitive market in which                  Members that contribute to price
                                                    Specific routing and a higher rebate                    market participants can readily direct                discovery on the Exchange. Volume-
                                                    than has been previously provided for                   order flow to competing venues if they                based rebates such as the ones proposed
                                                    routing through the TRIM and TRIM2                      deem fee levels at a particular venue to              herein have been widely by equities and
                                                    routing strategies.                                     be excessive. The proposed rule change                options exchanges, and are equitable
                                                       The Exchange’s Fee Schedule                          reflects a competitive pricing structure              and reasonable because they are open to
                                                    currently defines the term ADAV, which                  designed to incent market participants                all Members on an equal basis and
                                                    means the average daily volume                          to direct their order flow to the                     provide discounts or rebates that are
                                                    calculated as the number of shares                      Exchange. The Exchange believes that                  reasonably related to the value to an
                                                    added per day. The Exchange proposes                    the proposed rates are equitable and                  exchange’s market quality associated
                                                    to adopt a definition of ADV, which                     non-discriminatory in that they apply                 with higher levels of market activity,
                                                    would mean the number of shares                         uniformly to all Members. The                         such as higher levels of liquidity
                                                    added or removed, combined, per day.                    Exchange believes the fees and credits                provision and introduction of higher
                                                    As is true for ADAV, the Exchange                       remain competitive with those charged                 volumes of orders into the price and
                                                    proposes to calculate ADV on a monthly                  by other venues and therefore continue                volume discovery processes. The
                                                    basis.                                                  to be reasonable and equitably allocated              Exchange believes that the proposed
                                                       The Exchange also proposes to extend                 to Members.                                           rebate for the Routing Tier is reasonable
                                                    each of the volume exclusions and                          The Exchange believes that its                     because it is the same rebate as is
                                                    details applicable to ADAV to the new                   proposal to modify the rebate for                     currently provided for Destination
                                                    definition of ADV. Thus, the Exchange                   Members’ orders that yield fee code C                 Specific routing for orders executed at
                                                    proposes to exclude from its calculation                from $0.0016 to $0.0010 per share and                 Nasdaq BX and is comparable to the
                                                    of ADV shares added on any day that                     to include TRIM and TRIM2 routing                     rebate provided by Nasdaq BX directly
                                                    the Exchange’s system experiences a                     strategies that execute at Nasdaq BX                  to participants on Nasdaq BX that reach
                                                    disruption that lasts for more than 60                  within such fee code represents an                    the highest tier.14 The Exchange also
                                                    minutes during regular trading hours                    equitable allocation of reasonable dues,              believes that the proposed Routing Tier
                                                    (‘‘Exchange System Disruption’’), on any                fees, and other charges among Members                 is fair and equitable and non-
                                                    day with a scheduled early market close                 and other persons using its facilities.               discriminatory in that it will be
                                                    and on the last Friday in June (the                     The Exchange notes that this will not                 available to all Members.
                                                    ‘‘Russell Reconstitution Day’’). The                    result in any change, other than the fee
                                                    Exchange also proposes to make clear                    code assigned, to Members using the                   (B) Self-Regulatory Organization’s
                                                    that routed shares are not included in                  TRIM2 routing strategy. Though the                    Statement on Burden on Competition
                                                    ADAV or ADV calculation. Finally, the                   proposed change will result in a lower                   The Exchange does not believe its
                                                    Exchange proposes to state on the Fee                   rebate for Members using the                          proposed amendments to its Fee
                                                    Schedule that with prior notice to the                  Destination Specific and TRIM routing                 Schedule would impose any burden on
                                                    Exchange, a Member may aggregate                        strategies, the Exchange notes that the               competition that is not necessary or
                                                    ADAV or ADV with other Members that                     rebate provided for routing to Nasdaq                 appropriate in furtherance of the
                                                    control, are controlled by, or are under                BX through the Exchange is still higher               purposes of the Act. The Exchange does
                                                    common control with such Member (as                     than the rebate provided by Nasdaq BX                 not believe that the proposed change
                                                    evidenced on such Member’s Form BD).                    unless a Member would otherwise                       represents a significant departure from
                                                    The Exchange notes that the proposed                    qualify for certain higher rebate tiers at            previous pricing offered by the
                                                                                                            Nasdaq BX. Further, the Exchange notes                Exchange or pricing offered by the
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                                                    definition of ADV is based on the fee
                                                    schedules of affiliates of the Exchange,                that the proposed Routing Tier will                   Exchange’s competitors. Additionally,
                                                                                                            provide Members with an opportunity                   Members may opt to disfavor the
                                                      9 See the Nasdaq BX fee schedule available at:        to maintain the same rebate earned for                Exchange’s pricing if they believe that
                                                    http://www.nasdaqtrader.com/Trader.aspx?id=bx_                                                                alternatives offer them better value.
                                                    pricing.                                                  11 See the BATS Exchange fee schedule available

                                                      10 ‘‘TCV’’ means total consolidated volume            at: http://batstrading.com/support/fee_schedule/
                                                                                                                                                                  Accordingly, the Exchange does not
                                                    calculated as the volume reported by all exchanges      bzx/.                                                 believe that the proposed change will
                                                                                                              12 15 U.S.C. 78f.
                                                    to the consolidated transaction reporting plan for
                                                    the month for which the fees apply.                       13 15 U.S.C. 78f(b)(4).                               14 See   supra, note 7.



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                                                                                     Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices                                                     50061

                                                    impair the ability of Members or                           post all comments on the Commission’s                   of the Act 3 and Rule 19b–4(f)(2)
                                                    competing venues to maintain their                         Internet Web site (http://www.sec.gov/                  thereunder,4 which renders the
                                                    competitive standing in the financial                      rules/sro.shtml). Copies of the                         proposed rule change effective upon
                                                    markets. The Exchange does not believe                     submission, all subsequent                              filing with the Commission. The
                                                    that its proposal would burden                             amendments, all written statements                      Commission is publishing this notice to
                                                    intramarket competition because the                        with respect to the proposed rule                       solicit comments on the proposed rule
                                                    proposed rate would apply uniformly to                     change that are filed with the                          change from interested persons.
                                                    all Members and the Routing Tier would                     Commission, and all written
                                                    be equally available to all Members.                       communications relating to the
                                                                                                               proposed rule change between the                        I. Self-Regulatory Organization’s
                                                    (C) Self-Regulatory Organization’s                                                                                 Statement of the Terms of Substance of
                                                                                                               Commission and any person, other than
                                                    Statement on Comments on the                                                                                       the Proposed Rule Change
                                                                                                               those that may be withheld from the
                                                    Proposed Rule Change Received From
                                                                                                               public in accordance with the                              The Exchange filed a proposal to
                                                    Members, Participants or Others
                                                                                                               provisions of 5 U.S.C. 552, will be                     amend the fee schedule applicable to
                                                      The Exchange has not solicited, and                      available for Web site viewing and                      Members 5 and non-members of the
                                                    does not intend to solicit, comments on                    printing in the Commission’s Public                     Exchange pursuant to BATS Rules
                                                    this proposed rule change. The                             Reference Room, 100 F Street NE.,                       15.1(a) and (c) (‘‘Fee Schedule’’) to: (i)
                                                    Exchange has not received any                              Washington, DC 20549, on official                       Modify the rebate structure for certain
                                                    unsolicited written comments from                          business days between the hours of                      routing strategies that route to NASDAQ
                                                    Members or other interested parties.                       10:00 a.m. and 3:00 p.m. Copies of the                  OMX BX, Inc. (‘‘Nasdaq BX’’); and (ii)
                                                    III. Date of Effectiveness of the                          filing will also be available for                       adopt a new Cross-Asset Step-Up Tier.
                                                    Proposed Rule Change and Timing for                        inspection and copying at the principal                    The text of the proposed rule change
                                                    Commission Action                                          office of the Exchange. All comments                    is available at the Exchange’s Web site
                                                                                                               received will be posted without change;                 at www.batstrading.com, at the
                                                       The foregoing rule change has become                    the Commission does not edit personal                   principal office of the Exchange, and at
                                                    effective pursuant to Section 19(b)(3)(A)                  identifying information from                            the Commission’s Public Reference
                                                    of the Act 15 and paragraph (f) of Rule                    submissions. You should submit only                     Room.
                                                    19b–4 thereunder.16 At any time within                     information that you wish to make
                                                    60 days of the filing of the proposed rule                 available publicly. All submissions                     II. Self-Regulatory Organization’s
                                                    change, the Commission summarily may                       should refer to File Number SR–BYX–                     Statement of the Purpose of, and
                                                    temporarily suspend such rule change if                    2015–34 and should be submitted on or                   Statutory Basis for, the Proposed Rule
                                                    it appears to the Commission that such                     before September 8, 2015.                               Change
                                                    action is necessary or appropriate in the                                                                             In its filing with the Commission, the
                                                    public interest, for the protection of                     Brent J. Fields,
                                                                                                                                                                       Exchange included statements
                                                    investors, or otherwise in furtherance of                  Secretary.                                              concerning the purpose of and basis for
                                                    the purposes of the Act.                                   [FR Doc. 2015–20280 Filed 8–17–15; 8:45 am]             the proposed rule change and discussed
                                                    IV. Solicitation of Comments                               BILLING CODE 8011–01–P                                  any comments it received on the
                                                                                                                                                                       proposed rule change. The text of these
                                                      Interested persons are invited to                                                                                statements may be examined at the
                                                    submit written data, views, and                            SECURITIES AND EXCHANGE                                 places specified in Item IV below. The
                                                    arguments concerning the foregoing,                        COMMISSION                                              Exchange has prepared summaries, set
                                                    including whether the proposed rule                                                                                forth in Sections A, B, and C below, of
                                                                                                               [Release No. 34–75678; File No. SR–BATS–
                                                    change is consistent with the Act.                         2015–58]                                                the most significant parts of such
                                                    Comments may be submitted by any of                                                                                statements.
                                                    the following methods:                                     Self-Regulatory Organizations; BATS
                                                                                                               Exchange, Inc.; Notice of Filing and                    (A) Self-Regulatory Organization’s
                                                    Electronic Comments                                                                                                Statement of the Purpose of, and
                                                                                                               Immediate Effectiveness of a Proposed
                                                      • Use the Commission’s Internet                          Rule Change Related to Fees for Use                     Statutory Basis for, the Proposed Rule
                                                    comment form (http://www.sec.gov/                          of BATS Exchange, Inc.                                  Change
                                                    rules/sro.shtml); or
                                                      • Send an email to rule-comments@                        August 12, 2015.
                                                                                                                                                                       1. Purpose
                                                    sec.gov. Please include File Number SR–                       Pursuant to Section 19(b)(1) of the                     The Exchange proposes to: (i) Modify
                                                    BYX–2015–34 on the subject line.                           Securities Exchange Act of 1934 (the                    the rebate structure for certain routing
                                                                                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  strategies that route to Nasdaq BX; and
                                                    Paper Comments                                                                                                     (ii) adopt a new Cross-Asset Step-Up
                                                                                                               notice is hereby given that on August 3,
                                                      • Send paper comments in triplicate                      2015, BATS Exchange, Inc. (the                          Tier.
                                                    to Brent J. Fields, Secretary, Securities                  ‘‘Exchange’’ or ‘‘BATS’’) filed with the                Amended Fee Code C
                                                    and Exchange Commission, 100 F Street                      Securities and Exchange Commission
                                                    NE., Washington, DC 20549–1090.                            (‘‘Commission’’) the proposed rule                        The Exchange currently provides: (i)
                                                    All submissions should refer to File                       change as described in Items I, II and III              A rebate of $0.0010 per share for
                                                                                                                                                                       Members’ orders that yield fee code TV,
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                                                    Number SR–BYX–2015–34. This file                           below, which Items have been prepared
                                                    number should be included on the                           by the Exchange. The Exchange has                       applicable to orders routed to Nasdaq
                                                    subject line if email is used. To help the                 designated the proposed rule change as                  BX using the TRIM2 or TRIM3 routing
                                                    Commission process and review your                         one establishing or changing a member
                                                                                                                                                                         3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                    comments more efficiently, please use                      due, fee, or other charge imposed by the                  4 17 CFR 240.19b–4(f)(2).
                                                    only one method. The Commission will                       Exchange under Section 19(b)(3)(A)(ii)                    5 The term ‘‘Member’’ is defined as ‘‘any

                                                                                                                                                                       registered broker or dealer that has been admitted
                                                      15 15   U.S.C. 78s(b)(3)(A).                               1 15   U.S.C. 78s(b)(1).                              to membership in the Exchange.’’ See Exchange
                                                      16 17   CFR 240.19b–4(f).                                  2 17   CFR 240.19b–4.                                 Rule 1.5(n).



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Document Created: 2015-12-15 12:04:57
Document Modified: 2015-12-15 12:04:57
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 50059 

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