80_FR_52700 80 FR 52532 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of BATS Exchange, Inc.

80 FR 52532 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of BATS Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 168 (August 31, 2015)

Page Range52532-52534
FR Document2015-21402

Federal Register, Volume 80 Issue 168 (Monday, August 31, 2015)
[Federal Register Volume 80, Number 168 (Monday, August 31, 2015)]
[Notices]
[Pages 52532-52534]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21402]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75754; File No. SR-BATS-2015-63]


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

August 25, 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 12, 2015, BATS Exchange, Inc. (the ``Exchange'' or 
``BATS'') 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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 BATS Rules 
15.1(a) and (c).
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify the ``Options Pricing'' section of 
its fee schedule, effective immediately, in order to modify pricing 
charged by the Exchange's options platform (``BATS Options'') 
including: (i) To add definitions of Broker Dealer, Joint Back Office, 
and Non-BATS Market Maker; (ii) to update the definitions of Customer 
and Market Maker; (iii) to make certain corresponding changes 
associated with these new and updated definitions; and (iv) to create a 
new Professional Penny Pilot Add Volume Tier.
    The Exchange is proposing to add the definitions of Broker Dealer, 
Joint Back Office, and Non-BATS Market Maker to the BATS Options fee 
schedule. More specifically, the Exchange is proposing to add the 
following definitions: (i) ``Broker Dealer'' applies to any order for 
the account of a broker dealer, including a foreign broker dealer, that 
clears in the Customer range at the Options Clearing Corporation 
(``OCC''); (ii) ``Joint Back Office'' applies to any transaction 
identified by a Member for clearing in the Firm Range at the OCC that 
is identified with an origin code as Joint Back Office. A Joint Back 
Office participant is a Member that maintains a Joint Back Office 
arrangement with a clearing broker-dealer; and (iii) ``Non-BATS Market 
Maker'' applies to any transaction identified by a Member for clearing 
in the Market Maker range at the OCC, where such Member is not 
registered with the Exchange as a Market Maker, but is registered as a 
market maker on another options exchange. In conjunction with the 
proposed new defined terms above, the Exchange proposes to amend the 
fee schedule in multiple places (including the Standard Rates and Fee 
Codes and Associated Fees tables along with Footnotes 2, 3, 4, 6, 7, 
and 8) such that pricing for Broker Dealer and Joint Back Office 
transactions is the same as for Firm transactions and Non-BATS Market 
Maker transactions is the same as Market Maker transactions. In certain 
places, this includes using the term ``Non-Customer'' in order to 
capture pricing that relates to Professional, Firm, Market Maker, 
Broker Dealer, Joint Back Office, and Non-BATS Market Maker 
transactions.
    In conjunction with these proposed additions, the Exchange is also 
proposing to amend the current definitions of Customer, Market Maker, 
and Firm on the BATS Options fee schedule. Currently, the fee schedule 
states that ``Customer'' applies to any transaction identified by a 
Member for clearing in the Customer range at the OCC, excluding any 
transaction for a ``Professional'' as defined in Exchange Rule 16.1; 
``Market Maker'' applies to any transaction identified by a Member for 
clearing in the Market Maker range at the OCC; and ``Firm'' applies to 
any transaction identified by a Member for clearing in the Firm range 
at the OCC. In order to make these definitions work with proposed new 
definitions for Broker Dealer, Non-BATS Market Maker, and Joint Back 
Office described above, the Exchange is proposing that the definitions 
should read as follows: (i) ``Customer'' applies to any transaction 
identified by a Member for clearing in the Customer range at the

[[Page 52533]]

OCC, excluding any transaction for a Broker Dealer or a 
``Professional'' as defined in Exchange Rule 16.1; (ii) ``Market 
Maker'' applies to any transaction identified by a Member for clearing 
in the Market Maker range at the OCC, where such Member is registered 
with the Exchange as a Market Maker as defined in Rule 16.1(a)(37); and 
(iii) ``Firm'' applies to any transaction identified by a Member for 
clearing in the Firm range at the OCC, excluding any Joint Back office 
transaction.
    Finally, the Exchange is proposing to add a new ``Professional 
Penny Pilot Add Volume Tier''. Currently, Professional orders that add 
liquidity in Penny Pilot Securities receive a standard $0.40 rebate. 
Under the proposed new tier, a Member that has a combined ADAV \6\ in 
Customer, as proposed to be defined above, and Professional \7\ orders 
equal to or greater than 0.20% of average TCV \8\ would receive a $0.43 
rebate per contract for each Professional order that adds liquidity in 
Penny Pilot Securities.\9\
---------------------------------------------------------------------------

    \6\ ``ADAV'' means average daily added volume calculated as the 
number of contracts added per day.
    \7\ ``Professional'' applies to any transaction identified by a 
Member as such pursuant to Exchange Rule 16.1.
    \8\ ``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, excluding 
volume on any day that the Exchange experiences an Exchange System 
Disruption and on any day with a scheduled early market close.
    \9\ ``Penny Pilot Securities'' are those issues quoted pursuant 
to Exchange Rule 21.5, Interpretation and Policy .01.
---------------------------------------------------------------------------

Implementation Date
    As noted above, the Exchange proposes to implement the amendments 
to its fee schedule effective immediately.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of Section 6 of the Act.\10\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent with Section 6(b)(4) of the Act,\11\ in that it provides for 
the equitable allocation of reasonable dues, fees and other charges 
among members and other persons using any facility or system which the 
Exchange operates or controls. The Exchange 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 to be 
excessive.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Volume-based rebates and fees such as the ones currently maintained 
on BATS Options have been widely adopted by equities and options 
exchanges and are equitable because they are open to all Members on an 
equal basis and provide additional benefits or discounts 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/or growth patterns, and introduction of 
higher volumes of orders into the price and volume discovery processes.
    The Exchange believes that the proposed addition of the 
Professional Penny Pilot Add Volume Tier is a reasonable, fair and 
equitable, and not unfairly discriminatory allocation of fees and 
rebates because it marks an increased rebate (from $0.40 per contract 
to $0.43 per contract) available to all Members where the Member has a 
combined ADAV in Customer and Professional orders equal to or greater 
than 0.20% of average TCV. Such an increased rebate will provide 
Members entering Professional orders with the opportunity to receive 
higher rebates while simultaneously encouraging greater participation 
on BATS Options in both Professional and Customer orders, which the 
Exchange believes will result in higher levels of liquidity provision 
and introduction of higher volumes of orders into the price and volume 
discovery processes, which will benefit all participants on BATS 
Options.
    The Exchange believes that the proposed additional definitions, 
amendments to the existing definitions, and the corresponding changes 
throughout the fee schedule represent a reasonable, fair and equitable, 
and not unfairly discriminatory allocation of fees and rebates because 
the amendments are designed to allow Members to more precisely mark the 
capacity of orders entered on the Exchange. The proposed changes to the 
definitions will not affect fees or rebates and the corresponding 
changes are designed to make this clear. Further, the additional order 
capacities will bring the Exchange generally in line with industry 
standards and Member expectations, making the Exchange's pricing easier 
to understand.
    The Exchange reiterates 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 to be excessive.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. With respect to the proposed 
new Professional Penny Pilot Add Volume Tier, the Exchange does not 
believe that the change burdens competition, but instead, that it 
enhances competition, as it is intended to increase the competitiveness 
of and draw additional volume to BATS Options.
    With respect to the proposed changes to the definitions and the 
corresponding changes throughout the fee schedule, the Exchange does 
not believe that any such changes burden competition, but instead, that 
they enhance competition by bringing the Exchange's fee schedule and 
capacities generally in line with industry standards which will make it 
easier for Members to understand.
    As stated above, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily direct 
order flow to competing venues if the deem fee structures to be 
unreasonable or excessive.

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \12\ and paragraph (f) of Rule 19b-4 
thereunder.\13\ 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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing,

[[Page 52534]]

including whether the proposal 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 No. SR-BATS-2015-63 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-BATS-2015-63. 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 such 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 No. SR-BATS-2015-63 and should be 
submitted on or before September 21, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-21402 Filed 8-28-15; 8:45 am]
BILLING CODE 8011-01-P



                                              52532                          Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Notices

                                              rules/sro.shtml). Copies of the                         Exchange under Section 19(b)(3)(A)(ii)                Office, and Non-BATS Market Maker to
                                              submission, all subsequent                              of the Act 3 and Rule 19b–4(f)(2)                     the BATS Options fee schedule. More
                                              amendments, all written statements                      thereunder,4 which renders the                        specifically, the Exchange is proposing
                                              with respect to the proposed rule                       proposed rule change effective upon                   to add the following definitions: (i)
                                              change that are filed with the                          filing with the Commission. The                       ‘‘Broker Dealer’’ applies to any order for
                                              Commission, and all written                             Commission is publishing this notice to               the account of a broker dealer, including
                                              communications relating to the                          solicit comments on the proposed rule                 a foreign broker dealer, that clears in the
                                              proposed rule change between the                        change from interested persons.                       Customer range at the Options Clearing
                                              Commission and any person, other than                                                                         Corporation (‘‘OCC’’); (ii) ‘‘Joint Back
                                                                                                      I. Self-Regulatory Organization’s
                                              those that may be withheld from the                                                                           Office’’ applies to any transaction
                                                                                                      Statement of the Terms of Substance of
                                              public in accordance with the                                                                                 identified by a Member for clearing in
                                                                                                      the Proposed Rule Change
                                              provisions of 5 U.S.C. 552, will be                                                                           the Firm Range at the OCC that is
                                              available for Web site viewing and                         The Exchange filed a proposal to                   identified with an origin code as Joint
                                              printing in the Commission’s Public                     amend the fee schedule applicable to                  Back Office. A Joint Back Office
                                              Reference Room, 100 F Street NE.,                       Members 5 and non-members of the                      participant is a Member that maintains
                                              Washington, DC 20549 on official                        Exchange pursuant to BATS Rules                       a Joint Back Office arrangement with a
                                              business days between the hours of                      15.1(a) and (c).                                      clearing broker-dealer; and (iii) ‘‘Non-
                                              10:00 a.m. and 3:00 p.m. Copies of the                     The text of the proposed rule change               BATS Market Maker’’ applies to any
                                              filing also will be available for                       is available at the Exchange’s Web site               transaction identified by a Member for
                                              inspection and copying at the principal                 at www.batstrading.com, at the                        clearing in the Market Maker range at
                                              office of FINRA. All comments received                  principal office of the Exchange, and at              the OCC, where such Member is not
                                              will be posted without change; the                      the Commission’s Public Reference                     registered with the Exchange as a
                                              Commission does not edit personal                       Room.
                                                                                                                                                            Market Maker, but is registered as a
                                              identifying information from                            II. Self-Regulatory Organization’s                    market maker on another options
                                              submissions. You should submit only                     Statement of the Purpose of, and                      exchange. In conjunction with the
                                              information that you wish to make                       Statutory Basis for, the Proposed Rule                proposed new defined terms above, the
                                              available publicly. All submissions                     Change                                                Exchange proposes to amend the fee
                                              should refer to File Number SR–FINRA–                                                                         schedule in multiple places (including
                                              2015–030, and should be submitted on                       In its filing with the Commission, the
                                                                                                      Exchange included statements                          the Standard Rates and Fee Codes and
                                              or before September 21, 2015.                                                                                 Associated Fees tables along with
                                                                                                      concerning the purpose of and basis for
                                                For the Commission, by the Division of                the proposed rule change and discussed                Footnotes 2, 3, 4, 6, 7, and 8) such that
                                              Trading and Markets, pursuant to delegated              any comments it received on the                       pricing for Broker Dealer and Joint Back
                                              authority.13                                                                                                  Office transactions is the same as for
                                                                                                      proposed rule change. The text of these
                                              Robert W. Errett,                                                                                             Firm transactions and Non-BATS
                                                                                                      statements may be examined at the
                                              Deputy Secretary.                                       places specified in Item IV below. The                Market Maker transactions is the same
                                              [FR Doc. 2015–21405 Filed 8–28–15; 8:45 am]             Exchange has prepared summaries, set                  as Market Maker transactions. In certain
                                              BILLING CODE 8011–01–P                                  forth in Sections A, B, and C below, of               places, this includes using the term
                                                                                                      the most significant parts of such                    ‘‘Non-Customer’’ in order to capture
                                                                                                      statements.                                           pricing that relates to Professional,
                                              SECURITIES AND EXCHANGE                                                                                       Firm, Market Maker, Broker Dealer,
                                              COMMISSION                                              (A) Self-Regulatory Organization’s                    Joint Back Office, and Non-BATS
                                                                                                      Statement of the Purpose of, and                      Market Maker transactions.
                                              [Release No. 34–75754; File No. SR–BATS–                Statutory Basis for, the Proposed Rule
                                              2015–63]                                                                                                         In conjunction with these proposed
                                                                                                      Change
                                                                                                                                                            additions, the Exchange is also
                                              Self-Regulatory Organizations; BATS                     1. Purpose                                            proposing to amend the current
                                              Exchange, Inc.; Notice of Filing and                                                                          definitions of Customer, Market Maker,
                                                                                                         The Exchange proposes to modify the
                                              Immediate Effectiveness of a Proposed                                                                         and Firm on the BATS Options fee
                                                                                                      ‘‘Options Pricing’’ section of its fee
                                              Rule Change Related to Fees for Use                                                                           schedule. Currently, the fee schedule
                                                                                                      schedule, effective immediately, in
                                              of BATS Exchange, Inc.                                                                                        states that ‘‘Customer’’ applies to any
                                                                                                      order to modify pricing charged by the
                                              August 25, 2015.                                        Exchange’s options platform (‘‘BATS                   transaction identified by a Member for
                                                 Pursuant to Section 19(b)(1) of the                  Options’’) including: (i) To add                      clearing in the Customer range at the
                                              Securities Exchange Act of 1934 (the                    definitions of Broker Dealer, Joint Back              OCC, excluding any transaction for a
                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  Office, and Non-BATS Market Maker;                    ‘‘Professional’’ as defined in Exchange
                                              notice is hereby given that on August                   (ii) to update the definitions of                     Rule 16.1; ‘‘Market Maker’’ applies to
                                              12, 2015, BATS Exchange, Inc. (the                      Customer and Market Maker; (iii) to                   any transaction identified by a Member
                                              ‘‘Exchange’’ or ‘‘BATS’’) filed with the                make certain corresponding changes                    for clearing in the Market Maker range
                                              Securities and Exchange Commission                      associated with these new and updated                 at the OCC; and ‘‘Firm’’ applies to any
                                              (‘‘Commission’’) the proposed rule                      definitions; and (iv) to create a new                 transaction identified by a Member for
                                              change as described in Items I, II and III              Professional Penny Pilot Add Volume                   clearing in the Firm range at the OCC.
                                              below, which Items have been prepared                   Tier.                                                 In order to make these definitions work
                                              by the Exchange. The Exchange has                          The Exchange is proposing to add the               with proposed new definitions for
tkelley on DSK3SPTVN1PROD with NOTICES




                                              designated the proposed rule change as                  definitions of Broker Dealer, Joint Back              Broker Dealer, Non-BATS Market
                                              one establishing or changing a member                                                                         Maker, and Joint Back Office described
                                              due, fee, or other charge imposed by the
                                                                                                        3 15 U.S.C. 78s(b)(3)(A)(ii).                       above, the Exchange is proposing that
                                                                                                        4 17 CFR 240.19b–4(f)(2).                           the definitions should read as follows:
                                                                                                        5 The term ‘‘Member’’ is defined as ‘‘any
                                                13 17 CFR 200.30–3(a)(12).                            registered broker or dealer that has been admitted
                                                                                                                                                            (i) ‘‘Customer’’ applies to any
                                                1 15 U.S.C. 78s(b)(1).                                to membership in the Exchange.’’ See Exchange         transaction identified by a Member for
                                                2 17 CFR 240.19b–4.                                   Rule 1.5(n).                                          clearing in the Customer range at the


                                         VerDate Sep<11>2014   16:19 Aug 28, 2015   Jkt 235001   PO 00000   Frm 00093   Fmt 4703   Sfmt 4703   E:\FR\FM\31AUN1.SGM   31AUN1


                                                                            Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Notices                                           52533

                                              OCC, excluding any transaction for a                     in which market participants can                     venues if they deem fee levels to be
                                              Broker Dealer or a ‘‘Professional’’ as                   readily direct order flow to competing               excessive.
                                              defined in Exchange Rule 16.1; (ii)                      venues if they deem fee levels to be
                                                                                                                                                            (B) Self-Regulatory Organization’s
                                              ‘‘Market Maker’’ applies to any                          excessive.
                                                                                                                                                            Statement on Burden on Competition
                                              transaction identified by a Member for                     Volume-based rebates and fees such
                                              clearing in the Market Maker range at                    as the ones currently maintained on                    The Exchange does not believe that
                                              the OCC, where such Member is                            BATS Options have been widely                        the proposed rule change will impose
                                              registered with the Exchange as a                        adopted by equities and options                      any burden on competition not
                                              Market Maker as defined in Rule                          exchanges and are equitable because                  necessary or appropriate in furtherance
                                              16.1(a)(37); and (iii) ‘‘Firm’’ applies to               they are open to all Members on an                   of the purposes of the Act. With respect
                                              any transaction identified by a Member                   equal basis and provide additional                   to the proposed new Professional Penny
                                              for clearing in the Firm range at the                    benefits or discounts that are reasonably            Pilot Add Volume Tier, the Exchange
                                              OCC, excluding any Joint Back office                     related to the value to an exchange’s                does not believe that the change
                                              transaction.                                             market quality associated with higher                burdens competition, but instead, that it
                                                 Finally, the Exchange is proposing to                 levels of market activity, such as higher            enhances competition, as it is intended
                                              add a new ‘‘Professional Penny Pilot                     levels of liquidity provision and/or                 to increase the competitiveness of and
                                              Add Volume Tier’’. Currently,                            growth patterns, and introduction of                 draw additional volume to BATS
                                              Professional orders that add liquidity in                higher volumes of orders into the price              Options.
                                              Penny Pilot Securities receive a                         and volume discovery processes.                        With respect to the proposed changes
                                              standard $0.40 rebate. Under the                           The Exchange believes that the                     to the definitions and the corresponding
                                              proposed new tier, a Member that has a                   proposed addition of the Professional                changes throughout the fee schedule,
                                              combined ADAV 6 in Customer, as                          Penny Pilot Add Volume Tier is a                     the Exchange does not believe that any
                                              proposed to be defined above, and                        reasonable, fair and equitable, and not              such changes burden competition, but
                                              Professional 7 orders equal to or greater                unfairly discriminatory allocation of                instead, that they enhance competition
                                              than 0.20% of average TCV 8 would                        fees and rebates because it marks an                 by bringing the Exchange’s fee schedule
                                              receive a $0.43 rebate per contract for                  increased rebate (from $0.40 per                     and capacities generally in line with
                                              each Professional order that adds                        contract to $0.43 per contract) available            industry standards which will make it
                                              liquidity in Penny Pilot Securities.9                    to all Members where the Member has                  easier for Members to understand.
                                              Implementation Date                                      a combined ADAV in Customer and                        As stated above, the Exchange notes
                                                                                                       Professional orders equal to or greater              that it operates in a highly competitive
                                                As noted above, the Exchange                                                                                market in which market participants can
                                              proposes to implement the amendments                     than 0.20% of average TCV. Such an
                                                                                                       increased rebate will provide Members                readily direct order flow to competing
                                              to its fee schedule effective                                                                                 venues if the deem fee structures to be
                                              immediately.                                             entering Professional orders with the
                                                                                                       opportunity to receive higher rebates                unreasonable or excessive.
                                              2. Statutory Basis                                       while simultaneously encouraging                     (C) Self-Regulatory Organization’s
                                                 The Exchange believes that the                        greater participation on BATS Options                Statement on Comments on the
                                              proposed rule change is consistent with                  in both Professional and Customer                    Proposed Rule Change Received From
                                              the requirements of the Act and the                      orders, which the Exchange believes                  Members, Participants or Others
                                              rules and regulations thereunder that                    will result in higher levels of liquidity
                                                                                                                                                              The Exchange has not solicited, and
                                              are applicable to a national securities                  provision and introduction of higher
                                                                                                                                                            does not intend to solicit, comments on
                                              exchange, and, in particular, with the                   volumes of orders into the price and
                                                                                                                                                            this proposed rule change. The
                                              requirements of Section 6 of the Act.10                  volume discovery processes, which will
                                                                                                                                                            Exchange has not received any written
                                              Specifically, the Exchange believes that                 benefit all participants on BATS
                                                                                                                                                            comments from members or other
                                              the proposed rule change is consistent                   Options.
                                                                                                                                                            interested parties.
                                              with Section 6(b)(4) of the Act,11 in that                 The Exchange believes that the
                                              it provides for the equitable allocation                 proposed additional definitions,                     III. Date of Effectiveness of the
                                              of reasonable dues, fees and other                       amendments to the existing definitions,              Proposed Rule Change and Timing for
                                              charges among members and other                          and the corresponding changes                        Commission Action
                                              persons using any facility or system                     throughout the fee schedule represent a                 The foregoing rule change has become
                                              which the Exchange operates or                           reasonable, fair and equitable, and not              effective pursuant to Section 19(b)(3)(A)
                                              controls. The Exchange notes that it                     unfairly discriminatory allocation of                of the Act 12 and paragraph (f) of Rule
                                              operates in a highly competitive market                  fees and rebates because the                         19b–4 thereunder.13 At any time within
                                                                                                       amendments are designed to allow                     60 days of the filing of the proposed rule
                                                6 ‘‘ADAV’’ means average daily added volume
                                                                                                       Members to more precisely mark the                   change, the Commission summarily may
                                              calculated as the number of contracts added per          capacity of orders entered on the
                                              day.                                                                                                          temporarily suspend such rule change if
                                                7 ‘‘Professional’’ applies to any transaction
                                                                                                       Exchange. The proposed changes to the                it appears to the Commission that such
                                              identified by a Member as such pursuant to               definitions will not affect fees or rebates          action is necessary or appropriate in the
                                              Exchange Rule 16.1.                                      and the corresponding changes are                    public interest, for the protection of
                                                8 ‘‘TCV’’ means total consolidated volume
                                                                                                       designed to make this clear. Further, the            investors, or otherwise in furtherance of
                                              calculated as the volume reported by all exchanges       additional order capacities will bring
                                              to the consolidated transaction reporting plan for                                                            the purposes of the Act.
                                              the month for which the fees apply, excluding            the Exchange generally in line with
                                                                                                                                                            IV. Solicitation of Comments
tkelley on DSK3SPTVN1PROD with NOTICES




                                              volume on any day that the Exchange experiences          industry standards and Member
                                              an Exchange System Disruption and on any day             expectations, making the Exchange’s                    Interested persons are invited to
                                              with a scheduled early market close.                     pricing easier to understand.
                                                9 ‘‘Penny Pilot Securities’’ are those issues quoted
                                                                                                                                                            submit written data, views and
                                              pursuant to Exchange Rule 21.5, Interpretation and
                                                                                                         The Exchange reiterates that it                    arguments concerning the foregoing,
                                              Policy .01.                                              operates in a highly competitive market
                                                10 15 U.S.C. 78f.                                      in which market participants can                       12 15   U.S.C. 78s(b)(3)(A).
                                                11 15 U.S.C. 78f(b)(4).                                readily direct order flow to competing                 13 17   CFR 240.19b–4(f).



                                         VerDate Sep<11>2014   16:19 Aug 28, 2015   Jkt 235001   PO 00000   Frm 00094   Fmt 4703   Sfmt 4703   E:\FR\FM\31AUN1.SGM     31AUN1


                                              52534                            Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Notices

                                              including whether the proposal is                         DEPARTMENT OF STATE                                   pursuant to a loan agreement with the
                                              consistent with the Act. Comments may                                                                           foreign owner or custodian. I also
                                                                                                        [Public Notice: 9242]
                                              be submitted by any of the following                                                                            determine that the exhibition or display
                                              methods:                                                  Determination by the Secretary of                     of the exhibit objects at The Jewish
                                                                                                        State Relating to Iran Sanctions                      Museum, New York, New York, from on
                                              Electronic Comments
                                                                                                                                                              or about September 25, 2015, until on or
                                                • Use the Commission’s Internet                         ACTION:   Notice.                                     about February 7, 2016, at the Frist
                                              comment form (http://www.sec.gov/                                                                               Center for the Visual Arts, Nashville,
                                              rules/sro.shtml); or                                         The Secretary of State determined on               Tennessee, from on or about March 11,
                                                                                                        August 13, 2015, pursuant to Section                  2016, until on or about July 4, 2016, and
                                                • Send an email to rule-comments@                       1245(d)(4)(D) of the National Defense                 at possible additional exhibitions or
                                              sec.gov. Please include File No. SR–                      Authorization Act for Fiscal Year 2012                venues yet to be determined, is in the
                                              BATS–2015–63 on the subject line.                         (NDAA), (Pub. L. 112–81), as amended,                 national interest. I have ordered that
                                              Paper Comments                                            that as of August 14, 2015, each of the               Public Notice of these Determinations
                                                                                                        following countries: Belgium, the Czech               be published in the Federal Register.
                                                • Send paper comments in triplicate                     Republic, France, Germany, Greece,                    FOR FURTHER INFORMATION CONTACT: For
                                              to Secretary, Securities and Exchange                     Italy, the Netherlands, Poland, Spain,                further information, including a list of
                                              Commission, 100 F Street NE.,                             Sri Lanka, and the United Kingdom                     the imported objects, contact the Office
                                              Washington, DC 20549–1090.                                have maintained their crude oil                       of Public Diplomacy and Public Affairs
                                                                                                        purchases from Iran at zero over the                  in the Office of the Legal Adviser, U.S.
                                              All submissions should refer to File No.
                                                                                                        preceding 180-day period. The Secretary               Department of State (telephone: 202–
                                              SR–BATS–2015–63. This file number
                                                                                                        of State last made exception                          632–6471; email: section2459@
                                              should be included on the subject line
                                                                                                        determinations under Section                          state.gov). The mailing address is U.S.
                                              if email is used. To help the
                                                                                                        1245(d)(4)(D) of the NDAA regarding                   Department of State, L/PD, SA–5, Suite
                                              Commission process and review your
                                                                                                        these purchasers on February 19, 2015.                5H03, Washington, DC 20522–0505.
                                              comments more efficiently, please use
                                              only one method. The Commission will                      FOR FURTHER INFORMATION CONTACT: Alex                    Dated: August 26, 2015.
                                              post all comments on the Commission’s                     Whittington, Deputy Director, Office of
                                                                                                                                                              Kelly Keiderling,
                                              Internet Web site (http://www.sec.gov/                    the Middle East and Asia, Bureau of
                                                                                                                                                              Principal Deputy Assistant Secretary, Bureau
                                              rules/sro.shtml). Copies of the                           Energy Resources, 202–736–7149,
                                                                                                                                                              of Educational and Cultural Affairs,
                                              submission, all subsequent                                WhittingtonAE@state.gov.                              Department of State.
                                              amendments, all written statements                          Dated: August 24, 2015.                             [FR Doc. 2015–21615 Filed 8–28–15; 8:45 am]
                                              with respect to the proposed rule                         Amos Hochstein,                                       BILLING CODE 4710–05–P
                                              change that are filed with the                            Special Envoy and Coordinator for
                                              Commission, and all written                               International Energy Affairs, Bureau of Energy
                                              communications relating to the                            Resources, U.S. Department of State.                  DEPARTMENT OF STATE
                                              proposed rule change between the                          [FR Doc. 2015–21489 Filed 8–28–15; 8:45 am]
                                                                                                                                                              [Public Notice 9244]
                                              Commission and any person, other than                     BILLING CODE 4710–AE–P
                                              those that may be withheld from the                                                                             Culturally Significant Objects Imported
                                              public in accordance with the                                                                                   for Exhibition Determinations: ‘‘Alberto
                                              provisions of 5 U.S.C. 552, will be                       DEPARTMENT OF STATE                                   Burri: The Trauma of Painting’’
                                              available for Web site viewing and                                                                              Exhibition
                                                                                                        [Public Notice 9247]
                                              printing in the Commission’s Public
                                              Reference Room, 100 F Street NE.,                         Culturally Significant Objects Imported               SUMMARY:   Notice is hereby given of the
                                              Washington, DC 20549, on official                         for Exhibition Determinations: ‘‘The                  following determinations: Pursuant to
                                              business days between the hours of                        Power of Pictures: Early Soviet                       the authority vested in me by the Act of
                                              10:00 a.m. and 3:00 p.m. Copies of such                   Photography, Early Soviet Film’’                      October 19, 1965 (79 Stat. 985; 22 U.S.C.
                                              filing will also be available for                         Exhibition                                            2459), Executive Order 12047 of March
                                              inspection and copying at the principal                                                                         27, 1978, the Foreign Affairs Reform and
                                              office of the Exchange. All comments                      SUMMARY:   Notice is hereby given of the              Restructuring Act of 1998 (112 Stat.
                                              received will be posted without change;                   following determinations: Pursuant to                 2681, et seq.; 22 U.S.C. 6501 note, et
                                              the Commission does not edit personal                     the authority vested in me by the Act of              seq.), Delegation of Authority No. 234 of
                                              identifying information from                              October 19, 1965 (79 Stat. 985; 22 U.S.C.             October 1, 1999, Delegation of Authority
                                              submissions. You should submit only                       2459), Executive Order 12047 of March                 No. 236–3 of August 28, 2000 (and, as
                                              information that you wish to make                         27, 1978, the Foreign Affairs Reform and              appropriate, Delegation of Authority No.
                                              available publicly. All submissions                       Restructuring Act of 1998 (112 Stat.                  257 of April 15, 2003), I hereby
                                              should refer to File No. SR–BATS–                         2681, et seq.; 22 U.S.C. 6501 note, et                determine that the objects to be
                                              2015–63 and should be submitted on or                     seq.), Delegation of Authority No. 234 of             included in the exhibition ‘‘Alberto
                                              before September 21, 2015.                                October 1, 1999, Delegation of Authority              Burri: The Trauma of Painting,’’
                                                                                                        No. 236–3 of August 28, 2000 (and, as                 imported from abroad for temporary
                                                For the Commission, by the Division of
                                              Trading and Markets, pursuant to delegated
                                                                                                        appropriate, Delegation of Authority No.              exhibition within the United States, are
                                              authority.14                                              257 of April 15, 2003), I hereby                      of cultural significance. The objects are
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                        determine that the objects to be                      imported pursuant to loan agreements
                                              Robert W. Errett,
                                                                                                        included in the exhibition ‘‘The Power                with the foreign owners or custodians.
                                              Deputy Secretary.                                         of Pictures: Early Soviet Photography,                I also determine that the exhibition or
                                              [FR Doc. 2015–21402 Filed 8–28–15; 8:45 am]               Early Soviet Film,’’ imported from                    display of the exhibit objects at the
                                              BILLING CODE 8011–01–P                                    abroad for temporary exhibition within                Solomon R. Guggenheim Museum, New
                                                                                                        the United States, are of cultural                    York, New York, from on or about
                                                14 17   CFR 200.30–3(a)(12).                            significance. The objects are imported                October 9, 2015, until on or about


                                         VerDate Sep<11>2014     16:19 Aug 28, 2015   Jkt 235001   PO 00000   Frm 00095   Fmt 4703   Sfmt 4703   E:\FR\FM\31AUN1.SGM   31AUN1



Document Created: 2018-02-23 11:04:14
Document Modified: 2018-02-23 11:04:14
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 52532 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR