81_FR_120 81 FR 119 - Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of EDGX Exchange, Inc.

81 FR 119 - Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of EDGX Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 1 (January 4, 2016)

Page Range119-120
FR Document2015-32988

Federal Register, Volume 81 Issue 1 (Monday, January 4, 2016)
[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Notices]
[Pages 119-120]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32988]



[[Page 119]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76778; File No. SR-EDGX-2015-61]


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

December 28, 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, EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') 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 EDGX Rules 
15.1(a) and (c) (``Fee Schedule'') to adopt fees for the recently 
adopted ALLB routing strategy.
---------------------------------------------------------------------------

    \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 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 Exchange, 
Inc. (``BZX''), BATS Y-Exchange, Inc. (``BYX''), and the EDGA Exchange, 
Inc. (``EDGA'' collectively with the Exchange, BZX, and BYX, the ``BGM 
Affiliated Exchanges'').\7\ Specifically, an order subject to the ALLB 
routing option would execute first against liquidity on the EDGX 
Book.\8\ Any remainder would then be routed to BZX, BYX, and/or EDGA 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(cc).
    \7\ See Exchange Rule 11.11(g)(7). See also Securities Exchange 
Act Release No. 76456 (November 17, 2015), 80 FR 73032 (November 23, 
2015) (SR-EDGX-2015-53).
    \8\ The term ``EDGX Book'' is defined as ``the System's 
electronic file of orders.'' See Exchange Rule 1.5(d).
    \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 11.11(g).
---------------------------------------------------------------------------

    The Exchange now proposes to adopt three new fee codes, AA, AY, and 
AZ 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 BZX, BYX, and EDGA.\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 [sic] 
per share in securities priced at or above $1.00. Orders yielding fee 
code AA in securities priced below $1.00 would be charged no fee nor 
would they receive a rebate.
     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. 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.
     Fee Code AZ. Order routed to BZX using the ALLB routing 
strategy would yield fee code AZ and be charged a fee of $0.00300 per 
share in securities priced at or above $1.00. Orders yielding fee code 
AZ in securities priced below $1.00 would be charged a fee of 0.30% 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.
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.\11\
---------------------------------------------------------------------------

    \11\ 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-EDGX-2015-62 (December 8, 2015).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 of the Act,\12\ in general, and 
furthers the objectives of Section 6(b)(4),\13\ in particular, as it is 
designed to provide for the equitable allocation of reasonable dues, 
fees and other charges among its Members and other persons using its 
facilities. The Exchange 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 BZX, BYX, and EDGA through BATS Trading. The Exchange 
believes that its proposed pass through rate for orders that yield fee 
codes AA, AY or AZ is equitable and reasonable because

[[Page 120]]

it accounts for the rate that BATS Trading would be subject to for 
orders it routes and are executed on EDGA, BYX, and BZX. In addition, 
the proposal allows the Exchange to pass-through to its Members the 
rate for orders that are routed to EDGA, BYX, and BZX 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.
---------------------------------------------------------------------------

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

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 would be subject to for orders 
routing to EDGA, BYX, and BZX 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 EDGA, BYX or BYX 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.

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).
---------------------------------------------------------------------------

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 rule-comments@sec.gov. Please include 
File No. SR-EDGX-2015-61 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-EDGX-2015-61. 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-EDGX-2015-61 and should be 
submitted on or before January 25, 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).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-32988 Filed 12-31-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Notices                                                            119

                                              SECURITIES AND EXCHANGE                                 any comments it received on the                           charged no fee nor would they receive
                                              COMMISSION                                              proposed rule change. The text of these                   a rebate.
                                                                                                      statements may be examined at the                            • Fee Code AY. Order routed to BYX
                                              [Release No. 34–76778; File No. SR–EDGX–
                                              2015–61]
                                                                                                      places specified in Item IV below. The                    using the ALLB routing strategy would
                                                                                                      Exchange has prepared summaries, set                      yield fee code AY and receive a rebate
                                              Self-Regulatory Organizations; EDGX                     forth in Sections A, B, and C below, of                   of $0.00150 per share in securities
                                              Exchange, Inc.; Notice of Filing and                    the most significant parts of such                        priced at or above $1.00. Orders
                                              Immediate Effectiveness of a Proposed                   statements.                                               yielding fee code AY in securities
                                              Rule Change Related to Fees for Use                                                                               priced below $1.00 would be charged a
                                                                                                      A. Self-Regulatory Organization’s
                                              of EDGX Exchange, Inc.                                                                                            fee of 0.10% of the transaction’s dollar
                                                                                                      Statement of the Purpose of, and
                                                                                                                                                                value.
                                              December 28, 2015.                                      Statutory Basis for, the Proposed Rule                       • Fee Code AZ. Order routed to BZX
                                                 Pursuant to Section 19(b)(1) of the                  Change                                                    using the ALLB routing strategy would
                                              Securities Exchange Act of 1934 (the                    1. Purpose                                                yield fee code AZ and be charged a fee
                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                            of $0.00300 per share in securities
                                              notice is hereby given that on December                    The Exchange proposes to adopt fees
                                                                                                      for the ALLB routing strategy. In sum,                    priced at or above $1.00. Orders
                                              15, 2015, EDGX Exchange, Inc. (the                                                                                yielding fee code AZ in securities priced
                                              ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                ALLB is a routing option under which
                                                                                                      the order checks the System 6 for                         below $1.00 would be charged a fee of
                                              Securities and Exchange Commission                                                                                0.30% of the transaction’s dollar value.
                                              (‘‘Commission’’) the proposed rule                      available shares and is then sent to the
                                                                                                      BATS Exchange, Inc. (‘‘BZX’’), BATS Y-                       BATS Trading will pass through the
                                              change as described in Items I, II, and                                                                           above rates to the Exchange and the
                                              III below, which Items have been                        Exchange, Inc. (‘‘BYX’’), and the EDGA
                                                                                                      Exchange, Inc. (‘‘EDGA’’ collectively                     Exchange, in turn, will pass through
                                              prepared by the Exchange. The                                                                                     that exact rate to its Members. The
                                              Exchange has designated the proposed                    with the Exchange, BZX, and BYX, the
                                                                                                      ‘‘BGM Affiliated Exchanges’’).7                           proposed rates would enable the
                                              rule change as one establishing or                                                                                Exchange to equitably allocate its costs
                                              changing a member due, fee, or other                    Specifically, an order subject to the
                                                                                                      ALLB routing option would execute first                   among all Members utilizing the ALLB
                                              charge imposed by the Exchange under                                                                              routing strategy.
                                              Section 19(b)(3)(A)(ii) of the Act 3 and                against liquidity on the EDGX Book.8
                                              Rule 19b–4(f)(2) thereunder,4 which                     Any remainder would then be routed to                     Implementation Date
                                              renders the proposed rule change                        BZX, BYX, and/or EDGA in accordance                         The Exchange proposes to implement
                                              effective upon filing with the                          with the System routing table.9                           this amendment to its Fee Schedule on
                                              Commission. The Commission is                              The Exchange now proposes to adopt
                                                                                                                                                                January 4, 2016, but the proposed fee
                                              publishing this notice to solicit                       three new fee codes, AA, AY, and AZ
                                                                                                                                                                codes and their associated rates will not
                                              comments on the proposed rule change                    and related fees for the ALLB routing
                                                                                                                                                                be available until January 8, 2016, the
                                              from interested persons.                                strategy. These fee codes would enable
                                                                                                                                                                date upon which it announced to
                                                                                                      the Exchange to pass through the rate
                                              I. Self-Regulatory Organization’s                                                                                 Members that it would implement the
                                                                                                      that BATS Trading, Inc. (‘‘BATS
                                              Statement of the Terms of Substance of                                                                            ALLB routing strategy.11
                                                                                                      Trading’’), the Exchange’s affiliated
                                              the Proposed Rule Change                                routing broker-dealer, would be charged                   2. Statutory Basis
                                                 The Exchange filed a proposal to                     for routing orders to BZX, BYX, and                          The Exchange believes that the
                                              amend the fee schedule applicable to                    EDGA.10 Each of the proposed fee codes                    proposed rule change is consistent with
                                              Members 5 and non-members of the                        are described as follows:                                 the objectives of Section 6 of the Act,12
                                              Exchange pursuant to EDGX Rules                            • Fee Code AA. Order routed to                         in general, and furthers the objectives of
                                              15.1(a) and (c) (‘‘Fee Schedule’’) to                   EDGA using the ALLB routing strategy                      Section 6(b)(4),13 in particular, as it is
                                              adopt fees for the recently adopted                     would yield fee code AA and receive a                     designed to provide for the equitable
                                              ALLB routing strategy.                                  rebate of $0.00200 [sic] per share in                     allocation of reasonable dues, fees and
                                                 The text of the proposed rule change                 securities priced at or above $1.00.                      other charges among its Members and
                                              is available at the Exchange’s Web site                 Orders yielding fee code AA in                            other persons using its facilities. The
                                              at www.batstrading.com, at the                          securities priced below $1.00 would be                    Exchange believes that its proposed
                                              principal office of the Exchange, and at                                                                          rates represent an equitable allocation of
                                                                                                         6 The term ‘‘System’’ is defined as ‘‘the electronic
                                              the Commission’s Public Reference                                                                                 reasonable dues, fees, and other charges
                                                                                                      communications and trading facility designated by
                                              Room.                                                   the Board through which securities orders of Users        among Members and other persons
                                              II. Self-Regulatory Organization’s                      are consolidated for ranking, execution and, when         using its facilities because the Exchange
                                                                                                      applicable, routing away.’’ See Exchange Rule             does not levy additional fees or offer
                                              Statement of the Purpose of, and                        1.5(cc).
                                              Statutory Basis for, the Proposed Rule                     7 See Exchange Rule 11.11(g)(7). See also
                                                                                                                                                                additional rebates for orders that it
                                              Change                                                  Securities Exchange Act Release No. 76456                 routes to BZX, BYX, and EDGA through
                                                                                                      (November 17, 2015), 80 FR 73032 (November 23,            BATS Trading. The Exchange believes
                                                 In its filing with the Commission, the               2015) (SR–EDGX–2015–53).                                  that its proposed pass through rate for
                                              Exchange included statements                               8 The term ‘‘EDGX Book’’ is defined as ‘‘the
                                                                                                                                                                orders that yield fee codes AA, AY or
                                              concerning the purpose of and basis for                 System’s electronic file of orders.’’ See Exchange
                                                                                                                                                                AZ is equitable and reasonable because
                                              the proposed rule change and discussed                  Rule 1.5(d).
                                                                                                         9 The term ‘‘System routing table’’ refers to the
                                                                                                                                                                  11 See BATS Announces ALLB Routing Option,
                                                                                                      proprietary process for determining the specific
tkelley on DSK3SPTVN1PROD with NOTICES




                                                1 15 U.S.C. 78s(b)(1).                                trading venues to which the System routes orders          available at http://cdn.batstrading.com/resources/
                                                2 17 CFR 240.19b–4.
                                                                                                      and the order in which it routes them. See                release_notes/2015/BATS-ALL-BATS-Routing-
                                                3 15 U.S.C. 78s(b)(3)(A)(ii).                                                                                   Strategy-Release-Schedule-Updated.pdf. The
                                                                                                      Exchange Rule 11.11(g).
                                                4 17 CFR 240.19b–4(f)(2).                                10 Orders using the ALLB routing option that           Exchange notes that the Fee Schedule’s date was
                                                5 The term ‘‘Member’’ is defined as ‘‘any             execute on the Exchange would be subject to the           amended to January 4, 2016 in file no. SR–EDGX–
                                              registered broker or dealer that has been admitted      Exchange’s standard fees and rebates, unless the          2015–62 (December 8, 2015).
                                                                                                                                                                  12 15 U.S.C. 78f.
                                              to membership in the Exchange.’’ See Exchange           Member achieves a volume tiered reduced fee or
                                              Rule 1.5(n).                                            enhanced rebate.                                            13 15 U.S.C. 78f(b)(4).




                                         VerDate Sep<11>2014   16:43 Dec 31, 2015   Jkt 238001   PO 00000   Frm 00059   Fmt 4703   Sfmt 4703    E:\FR\FM\04JAN1.SGM     04JAN1


                                              120                            Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Notices

                                              it accounts for the rate that BATS                      III. Date of Effectiveness of the                       inspection and copying at the principal
                                              Trading would be subject to for orders                  Proposed Rule Change and Timing for                     office of the Exchange. All comments
                                              it routes and are executed on EDGA,                     Commission Action                                       received will be posted without change;
                                              BYX, and BZX. In addition, the proposal                    The foregoing rule change has become                 the Commission does not edit personal
                                              allows the Exchange to pass-through to                  effective pursuant to Section 19(b)(3)(A)               identifying information from
                                              its Members the rate for orders that are                of the Act 14 and paragraph (f) of Rule                 submissions. You should submit only
                                              routed to EDGA, BYX, and BZX using                      19b–4 thereunder.15 At any time within                  information that you wish to make
                                              the ALLB routing strategy. Furthermore,                 60 days of the filing of the proposed rule              available publicly. All submissions
                                              the Exchange notes that routing through                 change, the Commission summarily may                    should refer to File No. SR–EDGX–
                                              BATS Trading is voluntary. Lastly, the                  temporarily suspend such rule change if                 2015–61 and should be submitted on or
                                              Exchange also believes that the                         it appears to the Commission that such                  before January 25, 2016.
                                              proposed amendment is non-                              action is necessary or appropriate in the                  For the Commission, by the Division of
                                              discriminatory because it applies                       public interest, for the protection of                  Trading and Markets, pursuant to delegated
                                              uniformly to all Members.                               investors, or otherwise in furtherance of               authority.16
                                                                                                      the purposes of the Act.                                Jill M. Peterson,
                                              B. Self-Regulatory Organization’s                                                                               Assistant Secretary.
                                              Statement on Burden on Competition                      IV. Solicitation of Comments
                                                                                                                                                              [FR Doc. 2015–32988 Filed 12–31–15; 8:45 am]
                                                 This proposed rule change does not                     Interested persons are invited to                     BILLING CODE 8011–01–P
                                                                                                      submit written data, views, and
                                              impose any burden on competition that
                                                                                                      arguments concerning the foregoing,
                                              is not necessary or appropriate in
                                                                                                      including whether the proposed rule                     SECURITIES AND EXCHANGE
                                              furtherance of the purposes of the Act.
                                                                                                      change is consistent with the Act.                      COMMISSION
                                              The Exchange does not believe that this
                                                                                                      Comments may be submitted by any of
                                              change represents a significant                         the following methods:                                  [Release No. 34–76776; File No. SR–BATS–
                                              departure from previous pricing offered                                                                         2015–105]
                                              by the Exchange or pricing offered by                   Electronic Comments
                                                                                                                                                              Self-Regulatory Organizations; BATS
                                              the Exchange’s competitors.                               • Use the Commission’s Internet                       Exchange, Inc.; Notice of Filing of a
                                              Additionally, Members may opt to                        comment form (http://www.sec.gov/
                                              disfavor the Exchange’s pricing if they                                                                         Proposed Rule Change to Rule 14.11(i),
                                                                                                      rules/sro.shtml); or                                    Managed Fund Shares, To List and
                                              believe that alternatives offer them                      • Send an email to rule-comments@
                                              better value. Accordingly, the Exchange                                                                         Trade the Shares of the Elkhorn S&P
                                                                                                      sec.gov. Please include File No. SR–
                                              does not believe that the proposed                                                                              GSCI Dynamic Roll Commodity ETF of
                                                                                                      EDGX–2015–61 on the subject line.
                                              changes will impair the ability of                                                                              Elkhorn ETF Trust
                                                                                                      Paper Comments
                                              Members or competing venues to                                                                                  December 28, 2015.
                                              maintain their competitive standing in                     • Send paper comments in triplicate                     Pursuant to Section 19(b)(1) of the
                                              the financial markets. The Exchange                     to Secretary, Securities and Exchange                   Securities Exchange Act of 1934 (the
                                              believes that its proposal to pass                      Commission, 100 F Street NE.,                           ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                              through the rates that BATS Trading                     Washington, DC 20549–1090.                              notice is hereby given that on December
                                              would be subject to for orders routing to               All submissions should refer to File No.                18, 2015, BATS Exchange, Inc. (the
                                              EDGA, BYX, and BZX using the ALLB                       SR–EDGX–2015–61. This file number                       ‘‘Exchange’’ or ‘‘BATS’’) filed with the
                                              routing strategy to Members would                       should be included on the subject line                  Securities and Exchange Commission
                                              increase intermarket competition                        if email is used. To help the                           (‘‘Commission’’) the proposed rule
                                              because it offers customers an                          Commission process and review your                      change as described in Items I, II and III
                                              alternative means to route orders to                    comments more efficiently, please use                   below, which Items have been prepared
                                              those venues. In addition, the proposed                 only one method. The Commission will                    by the Exchange. The Commission is
                                              pricing would not provide any                           post all comments on the Commission’s                   publishing this notice to solicit
                                              advantage to Users when routing to                      Internet Web site (http://www.sec.gov/                  comments on the proposed rule change
                                              EDGA, BYX or BYX as compared to                         rules/sro.shtml). Copies of the                         from interested persons.
                                              other methods of routing or connectivity                submission, all subsequent
                                                                                                      amendments, all written statements                      I. Self-Regulatory Organization’s
                                              available to Users by the Exchange
                                                                                                      with respect to the proposed rule                       Statement of the Terms of Substance of
                                              because the proposed rates are identical
                                                                                                      change that are filed with the                          the Proposed Rule Change
                                              to what the Member would be subject to
                                              if it routed to those venues directly. The              Commission, and all written                                The Exchange is proposing a rule
                                              Exchange believes that its proposal                     communications relating to the                          change to list and trade the shares of the
                                              would not burden intramarket                            proposed rule change between the                        Elkhorn S&P GSCI Dynamic Roll
                                                                                                      Commission and any person, other than                   Commodity ETF (the ‘‘Fund’’) of
                                              competition because the proposed rate
                                                                                                      those that may be withheld from the                     Elkhorn ETF Trust (the ‘‘Trust’’) under
                                              would apply uniformly to all Members.
                                                                                                      public in accordance with the                           BATS Rule 14.11(i) (‘‘Managed Fund
                                              C. Self-Regulatory Organization’s                       provisions of 5 U.S.C. 552, will be                     Shares’’). The shares of the Fund are
                                              Statement on Comments on the                            available for Web site viewing and                      collectively referred to herein as (the
                                              Proposed Rule Change Received From                      printing in the Commission’s Public                     ‘‘Shares’’).
                                              Members, Participants or Others                         Reference Room, 100 F Street NE.,                          The text of the proposed rule change
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      Washington, DC 20549, on official                       is available at the Exchange’s Web site
                                                The Exchange has not solicited, and                   business days between the hours of                      at www.batstrading.com, at the
                                              does not intend to solicit, comments on                 10:00 a.m. and 3:00 p.m. Copies of such                 principal office of the Exchange, and at
                                              this proposed rule change. The                          filing will also be available for
                                              Exchange has not received any written                                                                             16 17 CFR 200.30–3(a)(12).
                                              comments from members or other                            14 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C. 78s(b)(1).
                                              interested parties.                                       15 17 CFR 240.19b–4(f).                                 2 17 CFR 240.19b–4.




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Document Created: 2015-12-31 23:05:00
Document Modified: 2015-12-31 23:05:00
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 Citation81 FR 119 

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