80_FR_81118 80 FR 80870 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for BZX Options

80 FR 80870 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for BZX Options

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 248 (December 28, 2015)

Page Range80870-80872
FR Document2015-32535

Federal Register, Volume 80 Issue 248 (Monday, December 28, 2015)
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Notices]
[Pages 80870-80872]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32535]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76707; File No. SR-BATS-2015-117]


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

December 21, 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 10, 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable 
to Members \5\ and non-members of the Exchange pursuant to BATS Rules 
15.1(a) and (c).
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    \5\ The term ``Member'' is defined as ``any registered broker or 
dealer that has been admitted to membership in the Exchange.'' See 
Exchange Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify the ``Options Pricing'' section of 
its fee schedule effective immediately, to modify pricing for orders 
routed away from the Exchange and executed at various away options 
exchanges. The Exchange currently charges the following rates for 
orders routed to certain other options exchanges: (i) Non-Customer \6\ 
orders in non-Penny Pilot Securities.\7\ routed to NYSE Arca, Inc. 
(``Arca''), which yield fee code AG, are charged $0.95 per contract; 
(ii) Intermarket Sweep Orders (``ISOs'') in non-Penny Pilot Securities 
that are directed to Nasdaq Options Market LLC (``NOM''), Arca, or ISE 
Gemini, LLC (``ISE Gemini'') are charged $0.95 per contract; (iii) ISOs 
directed to other

[[Page 80871]]

options exchanges are charged $0.65 per contract; \8\ (iv) Customer 
orders routed to the International Securities Exchange, LLC (``ISE'') 
in non-Penny Pilot Securities which yield fee code ID and are charged 
$0.12 per contract; (v) Customer orders routed to the Miami 
International Securities Exchange LLC (``MIAX'') which yield fee code 
MC are charged $0.12 per contract; (vi) Non-Customer orders routed to 
MIAX which yield fee code MF are charged $0.65 per contract; (vii) 
Customer orders routed to the BOX Options Exchange LLC (``BOX'') which 
yield fee code OC are charged no fee; (viii) Non-Customer orders routed 
to BOX which yield fee code OF are charged $0.99 per contract; (ix) 
Non-Customer orders routed to NOM in Penny Pilot Securities which yield 
fee code QF are charged $0.65 per contract; (x) Non-Customer orders 
routed to NOM in non-Penny Pilot Securities which yield fee code QG are 
charged $0.95 per contract; and (xi) Customer orders routed to NYSE MKT 
LLC (``NYSE MKT'' f/k/a AMEX) which yield fee code XC are charged $0.12 
per contract.
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    \6\ ``Non-Customer'' applies to any transaction that is not a 
Customer Order. ``Customer'' applies to any transaction identified 
by a Member for clearing in the Customer range at the OCC, excluding 
any transaction for a Broker Dealer or a ``Professional'' as defined 
in Exchange Rule 16.1.
    \7\ ``Penny Pilot Securities'' are those issues quoted pursuant 
to Exchange Rule 21.5, Interpretation and Policy .01.
    \8\ ISOs directed to Nasdaq OMX BX LLC (``Nasdaq BX'') in non-
Penny Pilot Securities which yield fee code D2 and ISOs directed to 
the C2 Options Exchange, Inc. (``C2'') and Nasdaq OMX PHLX LLC 
(``Nasdaq PHLX'') which yield fee code D3 are charged $0.95 per 
contract.
---------------------------------------------------------------------------

    In an effort to continue to offer routing services to its Members 
at prices that approximate the cost to the Exchange, the Exchange is 
proposing to amend those rates as follows: (i) The fee for Customer 
orders routed to ISE in non-Penny Pilot Securities and any Customer 
orders routed to MIAX, BOX or NYSE MKT (fee codes ID, MC, OC and XC, 
respectively) would be increased to $0.15 per contract; (ii) the fee 
for Non-Customer Orders in non-Penny Pilot Securities routed to Arca 
would be increased to $1.15 per contract (fee code AG); (iii) the fee 
for ISOs directed to NOM, Arca, or ISE Gemini would be increased to 
$1.25 per contract for Non-Penny Pilot Securities (fee code D1); (iv) 
the fee for ISOs directed to other options exchanges would be increased 
to $0.75 per contract (fee code D4); \9\ (v) the fee for Non-Customer 
orders routed to MIAX would be increased to $0.85 per contract (fee 
code MF); (vi) the fee for Non-Customer orders routed to BOX would be 
increased to $1.20 (fee code OF); (vii) the fee for Non-Customer orders 
routed to NOM in Penny Pilot Securities would be increased to $0.70 
(fee code QF); and (viii) the fee for Non-Customer orders routed to NOM 
in non-Penny Pilot Securities would be increased to $1.25 (fee code 
QG).
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    \9\ The Exchange does not propose to amend the fees charged for 
ISOs directed to Nasdaq BX in non-Penny Pilot Securities which yield 
fee code D2 and ISOs directed to the C2 and Nasdaq PHLX which yield 
fee code D3.
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    As noted previously and as set forth above, the Exchange's current 
approach to routing fees is to set forth in a simple manner certain 
sub-categories of fees that approximate the cost of routing to other 
options exchanges based on the cost of transaction fees assessed by 
each venue as well as costs to the Exchange for routing (i.e., clearing 
fees, connectivity and other infrastructure costs, membership fees, 
etc.) (collectively, ``Routing Costs''). The Exchange then monitors the 
fees charged as compared to the costs of its routing services and 
adjusts its routing fees and/or sub-categories to ensure that the 
Exchange's fees do indeed result in a rough approximation of overall 
Routing Costs, and are not significantly higher or lower in any area. 
In performing this analysis, the Exchange has concluded that certain 
orders that it was routing to other options exchanges were costing more 
than it was charging, and in one case, were costing significantly less 
than it was charging. As a result, and in order to avoid subsidizing 
routing to away options exchanges and to continue providing quality 
routing services, the Exchange proposes relatively modest increases and 
adjustments to the charges assessed for the orders described above.
Implementation Date
    The Exchange proposes to implement these amendments to its fee 
schedule immediately.\10\
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    \10\ The Exchange initially filed the proposed fee change on 
December 1, 2015 (SR-BATS-2015-109). On December 10, 2015, the 
Exchange withdrew that filing and submitted filing SR-BATS-2015-117.
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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.\11\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent with Section 6(b)(4) of the Act,\12\ 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 or providers of routing services 
if they deem fee levels to be excessive.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(4).
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    As explained above, the Exchange generally attempts to approximate 
the cost of routing to other options exchanges, including other 
applicable costs to the Exchange for routing. The Exchange believes 
that a pricing model based on approximate Routing Costs is a 
reasonable, fair and equitable approach to pricing. Specifically, the 
Exchange believes that its proposal to modify fees is fair, equitable 
and reasonable because the fees are generally an approximation of the 
cost to the Exchange for routing orders to such exchanges. Absent the 
proposed changes, the Exchange has concluded that certain orders that 
it was routing to other options exchanges would cost more than its 
current fees. Accordingly, the Exchange believes that the proposed 
increases are fair, equitable and reasonable because they will help the 
Exchange to avoid subsidizing routing to away options exchanges and to 
continue providing quality routing services. The Exchange believes that 
its fee structure for orders routed to various venues is a fair and 
equitable approach to pricing, as it provides certainty with respect to 
execution fees at away options exchanges. Under its straightforward fee 
structure, taking all costs to the Exchange into account, the Exchange 
may operate at a slight gain or slight loss for orders routed to and 
executed at away options exchanges. As a general matter, the Exchange 
believes that the proposed fees will allow it to recoup and cover its 
costs of providing routing services to such exchanges. The Exchange 
notes that routing through the Exchange is voluntary. The Exchange also 
believes that the proposed fee structure for orders routed to and 
executed at these away options exchanges is fair and equitable and not 
unreasonably discriminatory in that it applies equally to all Members.
    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 or providers 
of routing services if they deem fee levels to be excessive. Finally, 
the Exchange notes that it constantly evaluates its routing fees, 
including profit and loss attributable to routing, as applicable, in 
connection with the operation of a flat fee routing service, and would 
consider future adjustments to the proposed pricing structure to the 
extent it was recouping a significant profit or loss from routing to 
away options exchanges.

[[Page 80872]]

(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. As it relates to the proposed 
changes to routing fees, the proposed changes will assist the Exchange 
in recouping costs for routing orders to other options exchanges on 
behalf of its participants in a manner that is a better approximation 
of actual costs than is currently in place and that reflects pricing 
changes by various options exchanges as well as increases to other 
Routing Costs incurred by the Exchange. The Exchange also notes that 
Members may choose to mark their orders as ineligible for routing to 
avoid incurring routing fees.\13\
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    \13\ See Exchange Rule 21.1(d)(8) (describing ``BATS Only'' 
orders) and Exchange Rule 21.9(a)(1) (describing the routing 
process, which requires orders to be designated as available for 
routing).
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(C) Self-Regulatory Organization's Statement on Comments on the 
Proposed Rule Change Received From Members, Participants or Others

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \14\ and paragraph (f) of Rule 19b-4 
thereunder.\15\ At any time within 60 days of the filing of the 
proposed rule change, the Commission summarily may temporarily suspend 
such rule change if it appears to the Commission that such action is 
necessary or appropriate in the public interest, for the protection of 
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

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

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the 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-2015-117 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 Number SR-BATS-2015-117. 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-2015-117 and should be 
submitted on or before January 19, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-32535 Filed 12-24-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  80870                            Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices

                                                  C. Self-Regulatory Organization’s                          provisions of 5 U.S.C. 552, will be                    I. Self-Regulatory Organization’s
                                                  Statement on Comments on the                               available for Web site viewing and                     Statement of the Terms of Substance of
                                                  Proposed Rule Change Received From                         printing in the Commission’s Public                    the Proposed Rule Change
                                                  Members, Participants, or Others                           Reference Room, 100 F Street NE.,                         The Exchange filed a proposal to
                                                    The Exchange has neither solicited                       Washington, DC 20549, on official                      amend the fee schedule applicable to
                                                  nor received written comments on the                       business days between the hours of                     Members 5 and non-members of the
                                                  proposed rule change.                                      10:00 a.m. and 3:00 p.m. Copies of the                 Exchange pursuant to BATS Rules
                                                                                                             filing also will be available for                      15.1(a) and (c).
                                                  III. Date of Effectiveness of the                          inspection and copying at the principal                   The text of the proposed rule change
                                                  Proposed Rule Change and Timing for                        office of the Exchange. All comments                   is available at the Exchange’s Web site
                                                  Commission Action                                          received will be posted without change;                at www.batstrading.com, at the
                                                     The foregoing rule change has become                    the Commission does not edit personal                  principal office of the Exchange, and at
                                                  effective pursuant to Section 19(b)(3)(A)                  identifying information from                           the Commission’s Public Reference
                                                  of the Act 22 and paragraph (f) of Rule                    submissions. You should submit only                    Room.
                                                  19b–4 thereunder.23 At any time within                     information that you wish to make
                                                  60 days of the filing of the proposed rule                 available publicly. All submissions                    II. Self-Regulatory Organization’s
                                                  change, the Commission summarily may                       should refer to File Number SR–EDGX–                   Statement of the Purpose of, and
                                                  temporarily suspend such rule change if                    2015–62, and should be submitted on or                 Statutory Basis for, the Proposed Rule
                                                  it appears to the Commission that such                     before January 19, 2016.                               Change
                                                  action is necessary or appropriate in the                    For the Commission, by the Division of                  In its filing with the Commission, the
                                                  public interest, for the protection of                     Trading and Markets, pursuant to delegated             Exchange included statements
                                                  investors, or otherwise in furtherance of                  authority.24                                           concerning the purpose of and basis for
                                                  the purposes of the Act.                                   Brent J. Fields,                                       the proposed rule change and discussed
                                                  IV. Solicitation of Comments                               Secretary.                                             any comments it received on the
                                                                                                             [FR Doc. 2015–32541 Filed 12–24–15; 8:45 am]           proposed rule change. The text of these
                                                    Interested persons are invited to                                                                               statements may be examined at the
                                                  submit written data, views, and                            BILLING CODE 8011–01–P
                                                                                                                                                                    places specified in Item IV below. The
                                                  arguments concerning the foregoing,                                                                               Exchange has prepared summaries, set
                                                  including whether the proposed rule                                                                               forth in Sections A, B, and C below, of
                                                  change is consistent with the Act.                         SECURITIES AND EXCHANGE
                                                                                                             COMMISSION                                             the most significant parts of such
                                                  Comments may be submitted by any of                                                                               statements.
                                                  the following methods:                                     [Release No. 34–76707; File No. SR–BATS–
                                                                                                             2015–117]                                              (A) Self-Regulatory Organization’s
                                                  Electronic Comments                                                                                               Statement of the Purpose of, and
                                                    • Use the Commission’s Internet                          Self-Regulatory Organizations; BATS                    Statutory Basis for, the Proposed Rule
                                                  comment form (http://www.sec.gov/                          Exchange, Inc.; Notice of Filing and                   Change
                                                  rules/sro.shtml); or                                       Immediate Effectiveness of a Proposed
                                                    • Send an email to rule-comments@                                                                               1. Purpose
                                                                                                             Rule Change Related to Fees for BZX
                                                  sec.gov. Please include File Number SR–                    Options                                                   The Exchange proposes to modify the
                                                  EDGX–2015–62 on the subject line.                                                                                 ‘‘Options Pricing’’ section of its fee
                                                                                                             December 21, 2015.                                     schedule effective immediately, to
                                                  Paper Comments
                                                                                                                Pursuant to Section 19(b)(1) of the                 modify pricing for orders routed away
                                                    • Send paper comments in triplicate                      Securities Exchange Act of 1934 (the                   from the Exchange and executed at
                                                  to Secretary, Securities and Exchange                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 various away options exchanges. The
                                                  Commission, 100 F Street NE.,                              notice is hereby given that on December                Exchange currently charges the
                                                  Washington, DC 20549–1090.                                 10, 2015, BATS Exchange, Inc. (the                     following rates for orders routed to
                                                  All submissions should refer to File                       ‘‘Exchange’’ or ‘‘BATS’’) filed with the               certain other options exchanges: (i) Non-
                                                  Number SR–EDGX–2015–62. This file                          Securities and Exchange Commission                     Customer 6 orders in non-Penny Pilot
                                                  number should be included on the                           (‘‘Commission’’) the proposed rule                     Securities.7 routed to NYSE Arca, Inc.
                                                  subject line if email is used. To help the                 change as described in Items I, II and III             (‘‘Arca’’), which yield fee code AG, are
                                                  Commission process and review your                         below, which Items have been prepared                  charged $0.95 per contract; (ii)
                                                  comments more efficiently, please use                      by the Exchange. The Exchange has                      Intermarket Sweep Orders (‘‘ISOs’’) in
                                                  only one method. The Commission will                       designated the proposed rule change as                 non-Penny Pilot Securities that are
                                                  post all comments on the Commission’s                      one establishing or changing a member                  directed to Nasdaq Options Market LLC
                                                  Internet Web site (http://www.sec.gov/                     due, fee, or other charge imposed by the               (‘‘NOM’’), Arca, or ISE Gemini, LLC
                                                  rules/sro.shtml). Copies of the                            Exchange under Section 19(b)(3)(A)(ii)                 (‘‘ISE Gemini’’) are charged $0.95 per
                                                  submission, all subsequent                                 of the Act 3 and Rule 19b–4(f)(2)                      contract; (iii) ISOs directed to other
                                                  amendments, all written statements                         thereunder,4 which renders the
                                                  with respect to the proposed rule                          proposed rule change effective upon                       5 The term ‘‘Member’’ is defined as ‘‘any

                                                  change that are filed with the                             filing with the Commission. The                        registered broker or dealer that has been admitted
                                                                                                                                                                    to membership in the Exchange.’’ See Exchange
                                                  Commission, and all written                                Commission is publishing this notice to                Rule 1.5(n).
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  communications relating to the                             solicit comments on the proposed rule                     6 ‘‘Non-Customer’’ applies to any transaction that
                                                  proposed rule change between the                           change from interested persons.                        is not a Customer Order. ‘‘Customer’’ applies to any
                                                  Commission and any person, other than                                                                             transaction identified by a Member for clearing in
                                                  those that may be withheld from the                                                                               the Customer range at the OCC, excluding any
                                                                                                               24 17 CFR 200.30–3(a)(12).                           transaction for a Broker Dealer or a ‘‘Professional’’
                                                  public in accordance with the                                1 15 U.S.C. 78s(b)(1).                               as defined in Exchange Rule 16.1.
                                                                                                               2 17 CFR 240.19b–4.                                     7 ‘‘Penny Pilot Securities’’ are those issues quoted
                                                    22 15   U.S.C. 78s(b)(3)(A).                               3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                                                                                    pursuant to Exchange Rule 21.5, Interpretation and
                                                    23 17   CFR 240.19b–4(f).                                  4 17 CFR 240.19b–4(f)(2).                            Policy .01.



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                                                                             Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices                                            80871

                                                  options exchanges are charged $0.65 per                 (viii) the fee for Non-Customer orders                venues or providers of routing services
                                                  contract; 8 (iv) Customer orders routed                 routed to NOM in non-Penny Pilot                      if they deem fee levels to be excessive.
                                                  to the International Securities Exchange,               Securities would be increased to $1.25                   As explained above, the Exchange
                                                  LLC (‘‘ISE’’) in non-Penny Pilot                        (fee code QG).                                        generally attempts to approximate the
                                                  Securities which yield fee code ID and                     As noted previously and as set forth
                                                                                                                                                                cost of routing to other options
                                                  are charged $0.12 per contract; (v)                     above, the Exchange’s current approach
                                                                                                                                                                exchanges, including other applicable
                                                  Customer orders routed to the Miami                     to routing fees is to set forth in a simple
                                                                                                                                                                costs to the Exchange for routing. The
                                                  International Securities Exchange LLC                   manner certain sub-categories of fees
                                                                                                                                                                Exchange believes that a pricing model
                                                  (‘‘MIAX’’) which yield fee code MC are                  that approximate the cost of routing to
                                                                                                                                                                based on approximate Routing Costs is
                                                  charged $0.12 per contract; (vi) Non-                   other options exchanges based on the
                                                                                                          cost of transaction fees assessed by each             a reasonable, fair and equitable
                                                  Customer orders routed to MIAX which
                                                                                                          venue as well as costs to the Exchange                approach to pricing. Specifically, the
                                                  yield fee code MF are charged $0.65 per
                                                                                                          for routing (i.e., clearing fees,                     Exchange believes that its proposal to
                                                  contract; (vii) Customer orders routed to
                                                  the BOX Options Exchange LLC                            connectivity and other infrastructure                 modify fees is fair, equitable and
                                                  (‘‘BOX’’) which yield fee code OC are                   costs, membership fees, etc.)                         reasonable because the fees are
                                                  charged no fee; (viii) Non-Customer                     (collectively, ‘‘Routing Costs’’). The                generally an approximation of the cost
                                                  orders routed to BOX which yield fee                    Exchange then monitors the fees                       to the Exchange for routing orders to
                                                  code OF are charged $0.99 per contract;                 charged as compared to the costs of its               such exchanges. Absent the proposed
                                                  (ix) Non-Customer orders routed to                      routing services and adjusts its routing              changes, the Exchange has concluded
                                                  NOM in Penny Pilot Securities which                     fees and/or sub-categories to ensure that             that certain orders that it was routing to
                                                  yield fee code QF are charged $0.65 per                 the Exchange’s fees do indeed result in               other options exchanges would cost
                                                  contract; (x) Non-Customer orders                       a rough approximation of overall                      more than its current fees. Accordingly,
                                                  routed to NOM in non-Penny Pilot                        Routing Costs, and are not significantly              the Exchange believes that the proposed
                                                  Securities which yield fee code QG are                  higher or lower in any area. In                       increases are fair, equitable and
                                                  charged $0.95 per contract; and (xi)                    performing this analysis, the Exchange                reasonable because they will help the
                                                  Customer orders routed to NYSE MKT                      has concluded that certain orders that it             Exchange to avoid subsidizing routing
                                                  LLC (‘‘NYSE MKT’’ f/k/a AMEX) which                     was routing to other options exchanges                to away options exchanges and to
                                                  yield fee code XC are charged $0.12 per                 were costing more than it was charging,               continue providing quality routing
                                                  contract.                                               and in one case, were costing                         services. The Exchange believes that its
                                                     In an effort to continue to offer                    significantly less than it was charging.              fee structure for orders routed to various
                                                  routing services to its Members at prices               As a result, and in order to avoid                    venues is a fair and equitable approach
                                                  that approximate the cost to the                        subsidizing routing to away options                   to pricing, as it provides certainty with
                                                  Exchange, the Exchange is proposing to                  exchanges and to continue providing                   respect to execution fees at away
                                                  amend those rates as follows: (i) The fee               quality routing services, the Exchange                options exchanges. Under its
                                                  for Customer orders routed to ISE in                    proposes relatively modest increases                  straightforward fee structure, taking all
                                                  non-Penny Pilot Securities and any                      and adjustments to the charges assessed               costs to the Exchange into account, the
                                                  Customer orders routed to MIAX, BOX                     for the orders described above.                       Exchange may operate at a slight gain or
                                                  or NYSE MKT (fee codes ID, MC, OC                                                                             slight loss for orders routed to and
                                                                                                          Implementation Date
                                                  and XC, respectively) would be                                                                                executed at away options exchanges. As
                                                  increased to $0.15 per contract; (ii) the                 The Exchange proposes to implement                  a general matter, the Exchange believes
                                                  fee for Non-Customer Orders in non-                     these amendments to its fee schedule                  that the proposed fees will allow it to
                                                  Penny Pilot Securities routed to Arca                   immediately.10                                        recoup and cover its costs of providing
                                                  would be increased to $1.15 per contract                2. Statutory Basis                                    routing services to such exchanges. The
                                                  (fee code AG); (iii) the fee for ISOs                                                                         Exchange notes that routing through the
                                                  directed to NOM, Arca, or ISE Gemini                       The Exchange believes that the
                                                                                                          proposed rule change is consistent with               Exchange is voluntary. The Exchange
                                                  would be increased to $1.25 per contract                                                                      also believes that the proposed fee
                                                  for Non-Penny Pilot Securities (fee code                the requirements of the Act and the
                                                                                                          rules and regulations thereunder that                 structure for orders routed to and
                                                  D1); (iv) the fee for ISOs directed to                                                                        executed at these away options
                                                  other options exchanges would be                        are applicable to a national securities
                                                                                                          exchange, and, in particular, with the                exchanges is fair and equitable and not
                                                  increased to $0.75 per contract (fee code                                                                     unreasonably discriminatory in that it
                                                  D4); 9 (v) the fee for Non-Customer                     requirements of Section 6 of the Act.11
                                                                                                          Specifically, the Exchange believes that              applies equally to all Members.
                                                  orders routed to MIAX would be
                                                  increased to $0.85 per contract (fee code               the proposed rule change is consistent                   The Exchange reiterates that it
                                                  MF); (vi) the fee for Non-Customer                      with Section 6(b)(4) of the Act,12 in that            operates in a highly competitive market
                                                  orders routed to BOX would be                           it provides for the equitable allocation              in which market participants can
                                                  increased to $1.20 (fee code OF); (vii)                 of reasonable dues, fees and other                    readily direct order flow to competing
                                                  the fee for Non-Customer orders routed                  charges among members and other                       venues if they deem fee levels to be
                                                  to NOM in Penny Pilot Securities would                  persons using any facility or system                  excessive or providers of routing
                                                  be increased to $0.70 (fee code QF); and                which the Exchange operates or                        services if they deem fee levels to be
                                                                                                          controls. The Exchange notes that it                  excessive. Finally, the Exchange notes
                                                     8 ISOs directed to Nasdaq OMX BX LLC (‘‘Nasdaq       operates in a highly competitive market               that it constantly evaluates its routing
                                                                                                          in which market participants can
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                                                  BX’’) in non-Penny Pilot Securities which yield fee                                                           fees, including profit and loss
                                                  code D2 and ISOs directed to the C2 Options             readily direct order flow to competing                attributable to routing, as applicable, in
                                                  Exchange, Inc. (‘‘C2’’) and Nasdaq OMX PHLX LLC
                                                  (‘‘Nasdaq PHLX’’) which yield fee code D3 are                                                                 connection with the operation of a flat
                                                                                                             10 The Exchange initially filed the proposed fee
                                                  charged $0.95 per contract.                                                                                   fee routing service, and would consider
                                                                                                          change on December 1, 2015 (SR–BATS–2015–109).
                                                     9 The Exchange does not propose to amend the
                                                                                                          On December 10, 2015, the Exchange withdrew that
                                                                                                                                                                future adjustments to the proposed
                                                  fees charged for ISOs directed to Nasdaq BX in non-                                                           pricing structure to the extent it was
                                                  Penny Pilot Securities which yield fee code D2 and      filing and submitted filing SR–BATS–2015–117.
                                                  ISOs directed to the C2 and Nasdaq PHLX which              11 15 U.S.C. 78f.                                  recouping a significant profit or loss
                                                  yield fee code D3.                                         12 15 U.S.C. 78f(b)(4).                            from routing to away options exchanges.


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                                                  80872                      Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices

                                                  (B) Self-Regulatory Organization’s                         • Send an email to rule-                            Act of 1958, as amended, and Section
                                                  Statement on Burden on Competition                      comments@sec.gov. Please include File                  107.1900 of the Small Business
                                                    The Exchange does not believe that                    No. SR–BATS–2015–117 on the subject                    Administration Rules and Regulations,
                                                  the proposed rule change will impose                    line.                                                  SBA by this notice declares null and
                                                  any burden on competition not                                                                                  void the license to function as a small
                                                                                                          Paper Comments
                                                  necessary or appropriate in furtherance                                                                        business investment company under the
                                                                                                             • Send paper comments in triplicate                 Small Business Investment Company
                                                  of the purposes of the Act. As it relates               to Secretary, Securities and Exchange
                                                  to the proposed changes to routing fees,                                                                       License No. 03/03–0238 issued to
                                                                                                          Commission, 100 F Street NE.,                          Merion Investment Partners, L.P.
                                                  the proposed changes will assist the                    Washington, DC 20549–1090.
                                                  Exchange in recouping costs for routing                                                                        United States Small Business
                                                                                                          All submissions should refer to File                   Administration.
                                                  orders to other options exchanges on
                                                                                                          Number SR–BATS–2015–117. This file
                                                  behalf of its participants in a manner                                                                           Dated: December 22, 2015.
                                                                                                          number should be included on the
                                                  that is a better approximation of actual                subject line if email is used. To help the             Mark Walsh,
                                                  costs than is currently in place and that               Commission process and review your                     Associate Administrator, Office of Investment
                                                  reflects pricing changes by various                     comments more efficiently, please use                  and Innovation.
                                                  options exchanges as well as increases                  only one method. The Commission will                   [FR Doc. 2015–32600 Filed 12–24–15; 8:45 am]
                                                  to other Routing Costs incurred by the                  post all comments on the Commission’s                  BILLING CODE P
                                                  Exchange. The Exchange also notes that                  Internet Web site (http://www.sec.gov/
                                                  Members may choose to mark their                        rules/sro.shtml). Copies of the
                                                  orders as ineligible for routing to avoid               submission, all subsequent                             SMALL BUSINESS ADMINISTRATION
                                                  incurring routing fees.13                               amendments, all written statements                     [Docket No. SBA–2015–0013]
                                                  (C) Self-Regulatory Organization’s                      with respect to the proposed rule
                                                  Statement on Comments on the                            change that are filed with the                         Community Advantage Pilot Program
                                                  Proposed Rule Change Received From                      Commission, and all written
                                                                                                                                                                 AGENCY: U.S. Small Business
                                                  Members, Participants or Others                         communications relating to the
                                                                                                                                                                 Administration.
                                                                                                          proposed rule change between the
                                                    The Exchange has not solicited, and                   Commission and any person, other than                  ACTION: Notice of extension of and
                                                  does not intend to solicit, comments on                 those that may be withheld from the                    changes to Community Advantage Pilot
                                                  this proposed rule change. The                          public in accordance with the                          Program and request for comments.
                                                  Exchange has not received any written                   provisions of 5 U.S.C. 552, will be
                                                  comments from members or other                                                                                 SUMMARY:    The Community Advantage
                                                                                                          available for Web site viewing and                     (‘‘CA’’) Pilot Program is a pilot program
                                                  interested parties.                                     printing in the Commission’s Public                    to increase SBA-guaranteed loans to
                                                  III. Date of Effectiveness of the                       Reference Room, 100 F Street NE.,                      small businesses in underserved areas.
                                                  Proposed Rule Change and Timing for                     Washington, DC 20549, on official                      The Small Business Administration
                                                  Commission Action                                       business days between the hours of                     (‘‘SBA’’) continues to refine and
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of such                improve the design of the Community
                                                     The foregoing rule change has become                 filing will also be available for
                                                  effective pursuant to Section 19(b)(3)(A)                                                                      Advantage Pilot Program. To support
                                                                                                          inspection and copying at the principal
                                                  of the Act 14 and paragraph (f) of Rule                                                                        SBA’s commitment to expanding access
                                                                                                          office of the Exchange. All comments
                                                  19b–4 thereunder.15 At any time within                                                                         to capital for small businesses and
                                                                                                          received will be posted without change;
                                                  60 days of the filing of the proposed rule                                                                     entrepreneurs in underserved markets,
                                                                                                          the Commission does not edit personal
                                                  change, the Commission summarily may                                                                           SBA is issuing this Notice to extend the
                                                                                                          identifying information from
                                                  temporarily suspend such rule change if                                                                        term of the CA Pilot Program and lay
                                                                                                          submissions. You should submit only
                                                  it appears to the Commission that such                                                                         out a plan for its evaluation regarding
                                                                                                          information that you wish to make
                                                  action is necessary or appropriate in the                                                                      whether it should be made permanent,
                                                                                                          available publicly. All submissions
                                                  public interest, for the protection of                                                                         improve the effectiveness of the
                                                                                                          should refer to File No. SR–BATS–
                                                  investors, or otherwise in furtherance of                                                                      program, expand program eligibility to
                                                                                                          2015–117 and should be submitted on
                                                  the purposes of the Act.                                                                                       new organizations, and to revise other
                                                                                                          or before January 19, 2016.
                                                                                                                                                                 program requirements, including certain
                                                  IV. Solicitation of Comments                              For the Commission, by the Division of               regulatory waivers.
                                                                                                          Trading and Markets, pursuant to delegated
                                                    Interested persons are invited to                     authority.16                                           DATES: Effective Date: The changes to
                                                  submit written data, views and                                                                                 the CA Pilot Program identified in this
                                                                                                          Brent J. Fields,
                                                  arguments concerning the foregoing,                                                                            Notice will be effective December 28,
                                                  including whether the proposal is                       Secretary.
                                                                                                                                                                 2015. The CA Pilot Program will remain
                                                  consistent with the Act. Comments may                   [FR Doc. 2015–32535 Filed 12–24–15; 8:45 am]
                                                                                                                                                                 in effect until March 31, 2020.
                                                  be submitted by any of the following                    BILLING CODE 8011–01–P                                    Comment Date: Comments must be
                                                  methods:                                                                                                       received on or before February 26, 2016.
                                                  Electronic Comments                                                                                            ADDRESSES: You may submit comments,
                                                                                                          SMALL BUSINESS ADMINISTRATION                          identified by SBA docket number SBA–
                                                    • Use the Commission’s Internet                                                                              2015–0013 by any of the following
                                                  comment form (http://www.sec.gov/                       Notice of Surrender of License of
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                                                                                                          Small Business Investment Company                      methods:
                                                  rules/sro.shtml); or                                                                                              • Federal eRulemaking Portal: http://
                                                                                                            Pursuant to the authority granted to                 www.regulations.gov. Follow the
                                                    13 See  Exchange Rule 21.1(d)(8) (describing          the United States Small Business                       instructions for submitting comments.
                                                  ‘‘BATS Only’’ orders) and Exchange Rule 21.9(a)(1)
                                                  (describing the routing process, which requires         Administration (‘‘SBA’’) under Section                    • Mail: Community Advantage Pilot
                                                  orders to be designated as available for routing).      309 of the Small Business Investment                   Program Comments—Office of
                                                     14 15 U.S.C. 78s(b)(3)(A).                                                                                  Economic Opportunity, U.S. Small
                                                     15 17 CFR 240.19b–4(f).                                16 17   CFR 200.30–3(a)(12).                         Business Administration, 409 Third


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Document Created: 2018-03-02 09:23:38
Document Modified: 2018-03-02 09:23:38
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 80870 

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