80_FR_80675 80 FR 80428 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to ALLB Routing and Other Fees for Use of BATS Exchange, Inc.

80 FR 80428 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to ALLB Routing and Other Fees for Use of BATS Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 247 (December 24, 2015)

Page Range80428-80430
FR Document2015-32384

Federal Register, Volume 80 Issue 247 (Thursday, December 24, 2015)
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80428-80430]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32384]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76688; File No. SR-BATS-2015-114]


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

December 18, 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 December 15, 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).
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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 BATS Rules 
15.1(a) and (c) (``Fee Schedule'') to adopt fees for the recently 
adopted ALLB routing strategy. The Exchange also proposes to amend the 
Fee Codes and Associated Fees table of the Fee Schedule to indicate the 
amount of the fees and rebates as five decimal points, rather than four 
decimal points, by adding a zero to the end of each fee and rebate.
---------------------------------------------------------------------------

    \5\ The term ``Member'' is defined as ``any registered broker or 
dealer that has been admitted to membership in the Exchange. A 
Member will have the status of a ``member'' of the Exchange as that 
term is defined in Section 3(a)(3) of the Act.'' See Exchange Rule 
1.5(n).
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

[[Page 80429]]

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

1. Purpose
ALLB Routing Fees
    The Exchange proposes to adopt fees for the ALLB routing strategy. 
In sum, ALLB is a routing option under which the order checks the 
System \6\ for available shares and is then sent to the BATS Y-
Exchange, Inc. (``BYX''), EDGA Exchange, Inc. (``EDGA''), and the EDGX 
Exchange, Inc. (``EDGX'' collectively with the Exchange, BYX, and EDGA, 
the ``BGM Affiliated Exchanges'').\7\ Specifically, an order subject to 
the ALLB routing option would execute first against liquidity on the 
BATS Book.\8\ Any remainder would then be routed to BYX, EDGA, and/or 
EDGX in accordance with the System routing table.\9\
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    \6\ The term ``System'' is defined as ``the electronic 
communications and trading facility designated by the Board through 
which securities orders of Users are consolidated for ranking, 
execution and, when applicable, routing away.'' See Exchange Rule 
1.5(aa).
    \7\ See Exchange Rule 11.13(b)(3)(O). See also Securities 
Exchange Act Release No. 76455 (November 17, 2015), 80 FR 73009 
(November 23, 2015) (SR-BATS-2015-97).
    \8\ The term ``BATS Book'' is defined as ``the System's 
electronic file of orders.'' See Exchange Rule 1.5(e).
    \9\ The term ``System routing table'' refers to the proprietary 
process for determining the specific trading venues to which the 
System routes orders and the order in which it routes them. See 
Exchange Rule 11.13(b)(3).
---------------------------------------------------------------------------

    The Exchange now proposes to adopt three new fee codes, AA, AX, and 
AY and related fees for the ALLB routing strategy. These fee codes 
would enable the Exchange to pass through the rate that BATS Trading, 
Inc. (``BATS Trading''), the Exchange's affiliated routing broker-
dealer, would be charged for routing orders to BYX, EDGA, and EDGX.\10\ 
Each of the proposed fee codes are described as follows:
---------------------------------------------------------------------------

    \10\ Orders using the ALLB routing option that execute on the 
Exchange would be subject to the Exchange's standard fees and 
rebates, unless the Member achieves a volume tiered reduced fee or 
enhanced rebate.
---------------------------------------------------------------------------

     Fee Code AA. Order routed to EDGA using the ALLB routing 
strategy would yield fee code AA and receive a rebate of $0.00200 per 
share in securities priced at or above $1.00. Under proposed footnote 
15, orders yielding fee code AA in securities priced below $1.00 would 
be charged no fee nor would they receive a rebate.
     Fee Code AX. Order routed to EDGX using the ALLB routing 
strategy would yield fee code AY and be charged a fee of $0.00290 per 
share in securities priced at or above $1.00. Under proposed footnote 
16, orders yielding fee code AX in securities priced below $1.00 would 
be charged a fee of 0.30% of the transaction's dollar value.
     Fee Code AY. Order routed to BYX using the ALLB routing 
strategy would yield fee code AY and receive a rebate of $0.00150 per 
share in securities priced at or above $1.00. Under proposed footnote 
17, orders yielding fee code AY in securities priced below $1.00 would 
be charged a fee of 0.10% of the transaction's dollar value.
    BATS Trading will pass through the above rates to the Exchange and 
the Exchange, in turn, will pass through that exact rate to its 
Members. The proposed rates would enable the Exchange to equitably 
allocate its costs among all Members utilizing the ALLB routing 
strategy.
Fee Codes and Associated Fees Table
    The Exchange also proposes to amend the Fee Codes and Associated 
Fees table to indicate the amount of the fees and rebates as five 
decimal points, rather than four decimal points, by adding a zero to 
the end of each fee and rebate, to reflect the order pricing format on 
the Exchange's Web site.\11\ The Exchange notes that none of these 
changes amend any fee or rebate, nor do they alter the manner in which 
it assesses fees or calculates rebates.
---------------------------------------------------------------------------

    \11\ The Exchange notes that fee code D already indicates its 
related fee as five decimal points.
---------------------------------------------------------------------------

Implementation Date
    The Exchange proposes to implement this amendment to its Fee 
Schedule on January 4, 2016, but the proposed fee codes and their 
associated rates will not be available until January 8, 2016, the date 
upon which it announced to Members that it would implement the ALLB 
routing strategy.\12\
---------------------------------------------------------------------------

    \12\ See BATS Announces ALLB Routing Option, available at http://cdn.batstrading.com/resources/release_notes/2015/BATS-ALL-BATS-Routing-Strategy-Release-Schedule-Updated.pdf. The Exchange notes 
that the Fee Schedule's date was amended to January 4, 2016 in file 
no. SR-BATS-2015-115 (December 8, 2015).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 of the Act,\13\ in general, and 
furthers the objectives of Section 6(b)(4),\14\ in particular, as it is 
designed to provide for the equitable allocation of reasonable dues, 
fees and other charges among its Members and other persons using its 
facilities. The Exchange believes that its proposed rates represent an 
equitable allocation of reasonable dues, fees, and other charges among 
Members and other persons using its facilities because the Exchange 
does not levy additional fees or offer additional rebates for orders 
that it routes to BYX, EDGA, and EDGX through BATS Trading. The 
Exchange believes that its proposed pass through rate for orders that 
yield fee codes AA, AX or AY is equitable and reasonable because it 
accounts for the rate that BATS Trading would be subject to for orders 
it routes and are executed on BYX, EDGA, and EDGX. In addition, the 
proposal allows the Exchange to pass-through to its Members the rate 
for orders that are routed to BYX, EDGA, and EDGX using the ALLB 
routing strategy. Furthermore, the Exchange notes that routing through 
BATS Trading is voluntary. Lastly, the Exchange also believes that the 
proposed amendment is non-discriminatory because it applies uniformly 
to all Members.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the changes to the Fee Codes and 
Associated Fees table of the Fee Schedule are reasonable because they 
are designed to provide greater transparency to Members with regard to 
how the Exchange assesses fees and calculates rebates. The Exchange 
notes that none of the proposed changes are designed to amend any fee, 
nor alter the manner in which it assesses fees or calculates rebates. 
These changes to the Fee Schedule are intended to make the Fee Schedule 
clearer and less confusing for investors and eliminate potential 
investor confusion, thereby removing impediments to and perfecting the 
mechanism of a free and open market and a national market system, and, 
in general, protecting investors and the public interest.

B. Self-Regulatory Organization's Statement on Burden on Competition

    This proposed rule change does not impose any burden on competition 
that is not necessary or appropriate in furtherance of the purposes of 
the Act. The Exchange does not believe that this 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 changes will impair the ability of 
Members or competing venues to maintain their competitive standing in 
the financial markets. The Exchange believes that its proposal to pass 
through the rates that BATS Trading

[[Page 80430]]

would be subject to for orders routing to BYX, EDGA, and EDGX using the 
ALLB routing strategy to Members would increase intermarket competition 
because it offers customers an alternative means to route orders to 
those venues. In addition, the proposed pricing would not provide any 
advantage to Users when routing to BYX, EDGA, and EDGX as compared to 
other methods of routing or connectivity available to Users by the 
Exchange because the proposed rates are identical to what the Member 
would be subject to if it routed to those venues directly. The Exchange 
believes that its proposal would not burden intramarket competition 
because the proposed rate would apply uniformly to all Members.
    The Exchange believes that the changes to the Fee Codes and 
Associated Fees table of the Fee Schedule would not affect intermarket 
nor intramarket competition because none of these changes are designed 
to amend any fee or alter the manner in which the Exchange assesses 
fees or calculates rebates. These changes are intended to provide 
greater clarity to Members with regard to how the Exchange access fees 
and calculates rebates.

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.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-BATS-2015-114 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-2015-114. 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-2015-114 and should be 
submitted on or before January 14, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------


Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-32384 Filed 12-23-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  80428                      Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices

                                                  of the Act 12 and Rule 19b–4(f)(6) 13                     All submissions should refer to File                 15, 2015, BATS Exchange, Inc. (the
                                                  thereunder. The Exchange has requested                    Number SR–MIAX–2015–71. This file                    ‘‘Exchange’’ or ‘‘BATS’’) filed with the
                                                  that the Commission waive the thirty-                     number should be included on the                     Securities and Exchange Commission
                                                  day operative delay so that the proposal                  subject line if email is used. To help the           (‘‘Commission’’) the proposed rule
                                                  may become operative as of January 4,                     Commission process and review your                   change as described in Items I, II, and
                                                  2016. The Exchange states that waiving                    comments more efficiently, please use                III below, which Items have been
                                                  the thirty-day delay would enable it to                   only one method. The Commission will                 prepared by the Exchange. The
                                                  implement the Securities Trader and                       post all comments on the Commission’s                Exchange has designated the proposed
                                                  Securities Trader Principal registration                  Internet Web site (http://www.sec.gov/               rule change as one establishing or
                                                  categories, and their respective                          rules/sro.shtml).                                    changing a member due, fee, or other
                                                  examination and continuing education                         Copies of the submission, all                     charge imposed by the Exchange under
                                                  requirements, at the same time as                         subsequent amendments, all written                   Section 19(b)(3)(A)(ii) of the Act 3 and
                                                  FINRA and the other national securities                   statements with respect to the proposed              Rule 19b–4(f)(2) thereunder,4 which
                                                  exchanges. The Commission believes                        rule change that are filed with the                  renders the proposed rule change
                                                  that waiving the thirty day delay is                      Commission, and all written                          effective upon filing with the
                                                  consistent with the protection of                         communications relating to the                       Commission. The Commission is
                                                  investors and the public interest.                        proposed rule change between the                     publishing this notice to solicit
                                                  Therefore, the Commission hereby                          Commission and any person, other than                comments on the proposed rule change
                                                  waives the thirty-day operative delay                     those that may be withheld from the                  from interested persons.
                                                  and designates the proposal operative as                  public in accordance with the
                                                                                                            provisions of 5 U.S.C. 552, will be                  I. Self-Regulatory Organization’s
                                                  of January 4, 2016.14
                                                                                                            available for Web site viewing and                   Statement of the Terms of Substance of
                                                     At any time within 60 days of the
                                                                                                            printing in the Commission’s Public                  the Proposed Rule Change
                                                  filing of the proposed rule change, the
                                                  Commission summarily may                                  Reference Room, 100 F Street NE.,                       The Exchange filed a proposal to
                                                  temporarily suspend such rule change if                   Washington, DC 20549, on official                    amend the fee schedule applicable to
                                                  it appears to the Commission that such                    business days between the hours of                   Members 5 and non-members of the
                                                  action is necessary or appropriate in the                 10:00 a.m. and 3:00 p.m. Copies of the               Exchange pursuant to BATS Rules
                                                  public interest, for the protection of                    filing also will be available for                    15.1(a) and (c) (‘‘Fee Schedule’’) to
                                                  investors, or otherwise in furtherance of                 inspection and copying at the principal              adopt fees for the recently adopted
                                                  the purposes of the Act. If the                           office of the Exchange. All comments                 ALLB routing strategy. The Exchange
                                                  Commission takes such action, the                         received will be posted without change;              also proposes to amend the Fee Codes
                                                  Commission shall institute proceedings                    the Commission does not edit personal
                                                                                                                                                                 and Associated Fees table of the Fee
                                                  to determine whether the proposed rule                    identifying information from
                                                                                                                                                                 Schedule to indicate the amount of the
                                                  should be approved or disapproved.                        submissions. You should submit only
                                                                                                                                                                 fees and rebates as five decimal points,
                                                                                                            information that you wish to make
                                                  IV. Solicitation of Comments                                                                                   rather than four decimal points, by
                                                                                                            available publicly. All submissions
                                                                                                                                                                 adding a zero to the end of each fee and
                                                    Interested persons are invited to                       should refer to File Number SR–MIAX–
                                                                                                                                                                 rebate.
                                                  submit written data, views, and                           2015–71 and should be submitted on or
                                                                                                            before January 14, 2016.                                The text of the proposed rule change
                                                  arguments concerning the foregoing,                                                                            is available at the Exchange’s Web site
                                                  including whether the proposed rule                         For the Commission, by the Division of             at www.batstrading.com, at the
                                                  change is consistent with the Act.                        Trading and Markets, pursuant to delegated
                                                                                                            authority.15                                         principal office of the Exchange, and at
                                                  Comments may be submitted by any of                                                                            the Commission’s Public Reference
                                                  the following methods:                                    Robert W. Errett,
                                                                                                                                                                 Room.
                                                                                                            Deputy Secretary.
                                                  Electronic Comments                                                                                            II. Self-Regulatory Organization’s
                                                                                                            [FR Doc. 2015–32387 Filed 12–23–15; 8:45 am]
                                                    • Use the Commission’s Internet                         BILLING CODE 8011–01–P                               Statement of the Purpose of, and
                                                  comment form (http://www.sec.gov/                                                                              Statutory Basis for, the Proposed Rule
                                                  rules/sro.shtml); or                                                                                           Change
                                                    • Send an email to rule-comments@                       SECURITIES AND EXCHANGE
                                                  sec.gov. Please include File Number SR-                                                                          In its filing with the Commission, the
                                                                                                            COMMISSION
                                                  MIAX–2015–71 on the subject line.                                                                              Exchange included statements
                                                                                                            [Release No. 34–76688; File No. SR–BATS–             concerning the purpose of and basis for
                                                  Paper Comments                                            2015–114]                                            the proposed rule change and discussed
                                                    • Send paper comments in triplicate                     Self-Regulatory Organizations; BATS
                                                                                                                                                                 any comments it received on the
                                                  to Brent J. Fields, Secretary, Securities                                                                      proposed rule change. The text of these
                                                                                                            Exchange, Inc.; Notice of Filing and                 statements may be examined at the
                                                  and Exchange Commission, 100 F Street                     Immediate Effectiveness of a Proposed
                                                  NE., Washington, DC 20549–1090.                                                                                places specified in Item IV below. The
                                                                                                            Rule Change Related to ALLB Routing                  Exchange has prepared summaries, set
                                                    12 15
                                                                                                            and Other Fees for Use of BATS                       forth in Sections A, B, and C below, of
                                                           U.S.C. 78s(b)(3)(A).
                                                    13 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                            Exchange, Inc.                                       the most significant parts of such
                                                  4(f)(6) requires a self-regulatory organization to give   December 18, 2015.                                   statements.
                                                  the Commission written notice of its intent to file
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  the proposed rule change at least five business days         Pursuant to Section 19(b)(1) of the
                                                  prior to the date of filing of the proposed rule          Securities Exchange Act of 1934 (the                   3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                  change, or such shorter time as designated by the         ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 4 17 CFR 240.19b–4(f)(2).
                                                  Commission. The Exchange has satisfied this                                                                      5 The term ‘‘Member’’ is defined as ‘‘any
                                                  requirement.
                                                                                                            notice is hereby given that on December
                                                                                                                                                                 registered broker or dealer that has been admitted
                                                    14 For purposes of waiving the 30-day operative                                                              to membership in the Exchange. A Member will
                                                                                                              15 17 CFR 200.30–3(a)(12).
                                                  delay, the Commission has considered the proposed                                                              have the status of a ‘‘member’’ of the Exchange as
                                                                                                              1 15 U.S.C. 78s(b)(1).
                                                  rule’s impact on efficiency, competition, and capital                                                          that term is defined in Section 3(a)(3) of the Act.’’
                                                  formation. See 15 U.S.C. 78c(f).                            2 17 CFR 240.19b–4.                                See Exchange Rule 1.5(n).



                                             VerDate Sep<11>2014    17:57 Dec 23, 2015   Jkt 238001   PO 00000   Frm 00117   Fmt 4703   Sfmt 4703   E:\FR\FM\24DEN1.SGM   24DEN1


                                                                              Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices                                         80429

                                                  A. Self-Regulatory Organization’s                         priced at or above $1.00. Under                      reasonable dues, fees, and other charges
                                                  Statement of the Purpose of, and                          proposed footnote 16, orders yielding                among Members and other persons
                                                  Statutory Basis for, the Proposed Rule                    fee code AX in securities priced below               using its facilities because the Exchange
                                                  Change                                                    $1.00 would be charged a fee of 0.30%                does not levy additional fees or offer
                                                                                                            of the transaction’s dollar value.                   additional rebates for orders that it
                                                  1. Purpose                                                  • Fee Code AY. Order routed to BYX                 routes to BYX, EDGA, and EDGX
                                                  ALLB Routing Fees                                         using the ALLB routing strategy would                through BATS Trading. The Exchange
                                                     The Exchange proposes to adopt fees                    yield fee code AY and receive a rebate               believes that its proposed pass through
                                                                                                            of $0.00150 per share in securities                  rate for orders that yield fee codes AA,
                                                  for the ALLB routing strategy. In sum,
                                                                                                            priced at or above $1.00. Under                      AX or AY is equitable and reasonable
                                                  ALLB is a routing option under which
                                                                                                            proposed footnote 17, orders yielding                because it accounts for the rate that
                                                  the order checks the System 6 for
                                                                                                            fee code AY in securities priced below               BATS Trading would be subject to for
                                                  available shares and is then sent to the
                                                                                                            $1.00 would be charged a fee of 0.10%                orders it routes and are executed on
                                                  BATS Y-Exchange, Inc. (‘‘BYX’’), EDGA
                                                                                                            of the transaction’s dollar value.                   BYX, EDGA, and EDGX. In addition, the
                                                  Exchange, Inc. (‘‘EDGA’’), and the EDGX                     BATS Trading will pass through the
                                                  Exchange, Inc. (‘‘EDGX’’ collectively                                                                          proposal allows the Exchange to pass-
                                                                                                            above rates to the Exchange and the                  through to its Members the rate for
                                                  with the Exchange, BYX, and EDGA, the                     Exchange, in turn, will pass through                 orders that are routed to BYX, EDGA,
                                                  ‘‘BGM Affiliated Exchanges’’).7                           that exact rate to its Members. The                  and EDGX using the ALLB routing
                                                  Specifically, an order subject to the                     proposed rates would enable the                      strategy. Furthermore, the Exchange
                                                  ALLB routing option would execute first                   Exchange to equitably allocate its costs             notes that routing through BATS
                                                  against liquidity on the BATS Book.8                      among all Members utilizing the ALLB                 Trading is voluntary. Lastly, the
                                                  Any remainder would then be routed to                     routing strategy.                                    Exchange also believes that the
                                                  BYX, EDGA, and/or EDGX in
                                                                                                            Fee Codes and Associated Fees Table                  proposed amendment is non-
                                                  accordance with the System routing
                                                                                                                                                                 discriminatory because it applies
                                                  table.9                                                     The Exchange also proposes to amend                uniformly to all Members.
                                                     The Exchange now proposes to adopt                     the Fee Codes and Associated Fees table                 The Exchange believes that the
                                                  three new fee codes, AA, AX, and AY                       to indicate the amount of the fees and               changes to the Fee Codes and
                                                  and related fees for the ALLB routing                     rebates as five decimal points, rather               Associated Fees table of the Fee
                                                  strategy. These fee codes would enable                    than four decimal points, by adding a                Schedule are reasonable because they
                                                  the Exchange to pass through the rate                     zero to the end of each fee and rebate,              are designed to provide greater
                                                  that BATS Trading, Inc. (‘‘BATS                           to reflect the order pricing format on the           transparency to Members with regard to
                                                  Trading’’), the Exchange’s affiliated                     Exchange’s Web site.11 The Exchange                  how the Exchange assesses fees and
                                                  routing broker-dealer, would be charged                   notes that none of these changes amend               calculates rebates. The Exchange notes
                                                  for routing orders to BYX, EDGA, and                      any fee or rebate, nor do they alter the             that none of the proposed changes are
                                                  EDGX.10 Each of the proposed fee codes                    manner in which it assesses fees or                  designed to amend any fee, nor alter the
                                                  are described as follows:                                 calculates rebates.                                  manner in which it assesses fees or
                                                     • Fee Code AA. Order routed to                                                                              calculates rebates. These changes to the
                                                                                                            Implementation Date
                                                  EDGA using the ALLB routing strategy                                                                           Fee Schedule are intended to make the
                                                  would yield fee code AA and receive a                       The Exchange proposes to implement                 Fee Schedule clearer and less confusing
                                                  rebate of $0.00200 per share in                           this amendment to its Fee Schedule on                for investors and eliminate potential
                                                  securities priced at or above $1.00.                      January 4, 2016, but the proposed fee                investor confusion, thereby removing
                                                  Under proposed footnote 15, orders                        codes and their associated rates will not            impediments to and perfecting the
                                                  yielding fee code AA in securities                        be available until January 8, 2016, the              mechanism of a free and open market
                                                  priced below $1.00 would be charged no                    date upon which it announced to                      and a national market system, and, in
                                                  fee nor would they receive a rebate.                      Members that it would implement the                  general, protecting investors and the
                                                     • Fee Code AX. Order routed to                         ALLB routing strategy.12                             public interest.
                                                  EDGX using the ALLB routing strategy                      2. Statutory Basis
                                                  would yield fee code AY and be charged                                                                         B. Self-Regulatory Organization’s
                                                  a fee of $0.00290 per share in securities                    The Exchange believes that the                    Statement on Burden on Competition
                                                                                                            proposed rule change is consistent with                 This proposed rule change does not
                                                     6 The term ‘‘System’’ is defined as ‘‘the electronic   the objectives of Section 6 of the Act,13            impose any burden on competition that
                                                  communications and trading facility designated by         in general, and furthers the objectives of           is not necessary or appropriate in
                                                  the Board through which securities orders of Users        Section 6(b)(4),14 in particular, as it is
                                                  are consolidated for ranking, execution and, when
                                                                                                                                                                 furtherance of the purposes of the Act.
                                                  applicable, routing away.’’ See Exchange Rule
                                                                                                            designed to provide for the equitable                The Exchange does not believe that this
                                                  1.5(aa).                                                  allocation of reasonable dues, fees and              change represents a significant
                                                     7 See Exchange Rule 11.13(b)(3)(O). See also           other charges among its Members and                  departure from previous pricing offered
                                                  Securities Exchange Act Release No. 76455                 other persons using its facilities. The              by the Exchange or pricing offered by
                                                  (November 17, 2015), 80 FR 73009 (November 23,            Exchange believes that its proposed
                                                  2015) (SR–BATS–2015–97).                                                                                       the Exchange’s competitors.
                                                     8 The term ‘‘BATS Book’’ is defined as ‘‘the
                                                                                                            rates represent an equitable allocation of           Additionally, Members may opt to
                                                  System’s electronic file of orders.’’ See Exchange                                                             disfavor the Exchange’s pricing if they
                                                                                                              11 The Exchange notes that fee code D already
                                                  Rule 1.5(e).                                                                                                   believe that alternatives offer them
                                                     9 The term ‘‘System routing table’’ refers to the      indicates its related fee as five decimal points.
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                                                                                                              12 See BATS Announces ALLB Routing Option,         better value. Accordingly, the Exchange
                                                  proprietary process for determining the specific
                                                  trading venues to which the System routes orders          available at http://cdn.batstrading.com/resources/   does not believe that the proposed
                                                  and the order in which it routes them. See                release_notes/2015/BATS-ALL-BATS-Routing-            changes will impair the ability of
                                                  Exchange Rule 11.13(b)(3).                                Strategy-Release-Schedule-Updated.pdf. The           Members or competing venues to
                                                     10 Orders using the ALLB routing option that           Exchange notes that the Fee Schedule’s date was
                                                                                                            amended to January 4, 2016 in file no. SR–BATS–
                                                                                                                                                                 maintain their competitive standing in
                                                  execute on the Exchange would be subject to the
                                                  Exchange’s standard fees and rebates, unless the          2015–115 (December 8, 2015).                         the financial markets. The Exchange
                                                  Member achieves a volume tiered reduced fee or              13 15 U.S.C. 78f.                                  believes that its proposal to pass
                                                  enhanced rebate.                                            14 15 U.S.C. 78f(b)(4).                            through the rates that BATS Trading


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                                                  80430                      Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices

                                                  would be subject to for orders routing to               Comments may be submitted by any of                    SECURITIES AND EXCHANGE
                                                  BYX, EDGA, and EDGX using the ALLB                      the following methods:                                 COMMISSION
                                                  routing strategy to Members would
                                                  increase intermarket competition                        Electronic Comments                                    [Release No. 34–76690; File No. SR–
                                                  because it offers customers an                                                                                 NYSEARCA–2015–121]
                                                                                                            • Use the Commission’s Internet
                                                  alternative means to route orders to                    comment form (http://www.sec.gov/                      Self-Regulatory Organizations; NYSE
                                                  those venues. In addition, the proposed                 rules/sro.shtml); or                                   Arca, Inc.; Notice of Filing of Proposed
                                                  pricing would not provide any                                                                                  Rule Change To Amend Rule 1.1(s) To
                                                  advantage to Users when routing to                        • Send an email to rule-comments@
                                                                                                          sec.gov. Please include File No. SR–                   Provide for Price Collar Thresholds for
                                                  BYX, EDGA, and EDGX as compared to                                                                             Trading Halt Auctions
                                                  other methods of routing or connectivity                BATS–2015–114 on the subject line.
                                                  available to Users by the Exchange                      Paper Comments                                         December 18, 2015.
                                                  because the proposed rates are identical                                                                          Pursuant to Section 19(b)(1) 1 of the
                                                  to what the Member would be subject to                     • Send paper comments in triplicate                 Securities Exchange Act of 1934 (the
                                                  if it routed to those venues directly. The              to Secretary, Securities and Exchange                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  Exchange believes that its proposal                     Commission, 100 F Street NE.,                          notice is hereby given that, on December
                                                  would not burden intramarket                            Washington, DC 20549–1090.                             7, 2015, NYSE Arca, Inc. (the
                                                  competition because the proposed rate                   All submissions should refer to File No.               ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
                                                  would apply uniformly to all Members.                   SR–BATS–2015–114. This file number                     the Securities and Exchange
                                                     The Exchange believes that the                                                                              Commission (the ‘‘Commission’’) the
                                                                                                          should be included on the subject line
                                                  changes to the Fee Codes and                                                                                   proposed rule change as described in
                                                                                                          if email is used. To help the
                                                  Associated Fees table of the Fee                                                                               Items I and II below, which Items have
                                                  Schedule would not affect intermarket                   Commission process and review your
                                                                                                          comments more efficiently, please use                  been prepared by the self-regulatory
                                                  nor intramarket competition because                                                                            organization. The Commission is
                                                  none of these changes are designed to                   only one method. The Commission will
                                                                                                          post all comments on the Commission’s                  publishing this notice to solicit
                                                  amend any fee or alter the manner in                                                                           comments on the proposed rule change
                                                  which the Exchange assesses fees or                     Internet Web site (http://www.sec.gov/
                                                                                                                                                                 from interested persons.
                                                  calculates rebates. These changes are                   rules/sro.shtml). Copies of the
                                                  intended to provide greater clarity to                  submission, all subsequent                             I. Self-Regulatory Organization’s
                                                  Members with regard to how the                          amendments, all written statements                     Statement of the Terms of Substance of
                                                  Exchange access fees and calculates                     with respect to the proposed rule                      the Proposed Rule Change
                                                  rebates.                                                change that are filed with the                           The Exchange proposes to amend
                                                                                                          Commission, and all written                            Rule 1.1(s) to provide for price collar
                                                  C. Self-Regulatory Organization’s                       communications relating to the
                                                  Statement on Comments on the                                                                                   thresholds for Trading Halt Auctions.
                                                                                                          proposed rule change between the                       The text of the proposed rule change is
                                                  Proposed Rule Change Received From                      Commission and any person, other than
                                                  Members, Participants or Others                                                                                available on the Exchange’s Web site at
                                                                                                          those that may be withheld from the                    www.nyse.com, at the principal office of
                                                    The Exchange has not solicited, and                   public in accordance with the                          the Exchange, and at the Commission’s
                                                  does not intend to solicit, comments on                 provisions of 5 U.S.C. 552, will be                    Public Reference Room.
                                                  this proposed rule change. The                          available for Web site viewing and
                                                  Exchange has not received any                           printing in the Commission’s Public                    II. Self-Regulatory Organization’s
                                                  unsolicited written comments from                       Reference Room, 100 F Street NE.,                      Statement of the Purpose of, and
                                                  Members or other interested parties.                    Washington, DC 20549, on official                      Statutory Basis for, the Proposed Rule
                                                                                                          business days between the hours of                     Change
                                                  III. Date of Effectiveness of the
                                                  Proposed Rule Change and Timing for                     10:00 a.m. and 3:00 p.m. Copies of such                  In its filing with the Commission, the
                                                  Commission Action                                       filing will also be available for                      self-regulatory organization included
                                                                                                          inspection and copying at the principal                statements concerning the purpose of,
                                                     The foregoing rule change has become                 office of the Exchange. All comments                   and basis for, the proposed rule change
                                                  effective pursuant to Section 19(b)(3)(A)                                                                      and discussed any comments it received
                                                                                                          received will be posted without change;
                                                  of the Act 15 and paragraph (f) of Rule                                                                        on the proposed rule change. The text
                                                                                                          the Commission does not edit personal
                                                  19b–4 thereunder.16 At any time within                                                                         of those statements may be examined at
                                                                                                          identifying information from
                                                  60 days of the filing of the proposed rule                                                                     the places specified in Item IV below.
                                                                                                          submissions. You should submit only
                                                  change, the Commission summarily may                                                                           The Exchange has prepared summaries,
                                                                                                          information that you wish to make
                                                  temporarily suspend such rule change if                                                                        set forth in sections A, B, and C below,
                                                                                                          available publicly. All submissions
                                                  it appears to the Commission that such                                                                         of the most significant parts of such
                                                  action is necessary or appropriate in the               should refer to File No. SR–BATS–
                                                                                                          2015–114 and should be submitted on                    statements.
                                                  public interest, for the protection of
                                                  investors, or otherwise in furtherance of               or before January 14, 2016.                            A. Self-Regulatory Organization’s
                                                  the purposes of the Act.                                  For the Commission, by the Division of               Statement of the Purpose of, and the
                                                                                                          Trading and Markets, pursuant to delegated             Statutory Basis for, the Proposed Rule
                                                  IV. Solicitation of Comments                                                                                   Change
                                                                                                          authority.17
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                                                    Interested persons are invited to
                                                                                                                                                                 1. Purpose
                                                  submit written data, views, and                         Robert W. Errett,
                                                  arguments concerning the foregoing,                                                                              The Exchange proposes to amend
                                                                                                          Deputy Secretary.
                                                  including whether the proposed rule                                                                            Rule 1.1(s) to provide for price collar
                                                                                                          [FR Doc. 2015–32384 Filed 12–23–15; 8:45 am]
                                                  change is consistent with the Act.
                                                                                                          BILLING CODE 8011–01–P                                   1 15 U.S.C. 78s(b)(1).
                                                    15 15 U.S.C. 78s(b)(3)(A).                                                                                     2 15 U.S.C. 78a.
                                                    16 17 CFR 240.19b–4(f).                                 17 17   CFR 200.30–3(a)(12).                           3 17 CFR 240.19b–4.




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Document Created: 2015-12-24 02:24:57
Document Modified: 2015-12-24 02:24:57
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 80428 

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