81_FR_25544 81 FR 25462 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees

81 FR 25462 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 82 (April 28, 2016)

Page Range25462-25464
FR Document2016-09899

Federal Register, Volume 81 Issue 82 (Thursday, April 28, 2016)
[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)]
[Notices]
[Pages 25462-25464]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09899]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77691; File No. SR-BatsEDGX-2016-11]


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

April 22, 2016.
    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 April 11, 2016, Bats 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.
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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 EDGX Rules 
15.1(a) and (c) (``Fee Schedule'') to amend the Investor Depth Tier 
under footnote 1.
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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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange determines the liquidity adding rebate that it will 
provide to Members using the Exchange's tiered pricing structure. Under 
such pricing structure, a Member will receive a rebate of anywhere 
between $0.0025 and $0.0034 per share executed, depending on the volume 
tier for which such Member qualifies. In January 2014, the Exchange 
adopted the Investor Depth Tier under footnote 1 of the Fee 
Schedule.\6\ Members who qualify for the Investor Depth Tier receive a 
rebate of $0.0033 per share where they: (i) Add an ADV \7\ of at least 
0.15% of the TCV; \8\ (ii) have an ``added liquidity'' as a percentage 
of ``added plus removed liquidity'' of at least 85%; and (3) add an ADV 
of at least 500,000 share as Non-displayed \9\ orders that yield fee 
code HA.\10\
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    \6\ See Securities Exchange Act Release No. 76816 (January 4, 
2016, 81 FR 987 (January 8, 2016) (SR-EDGX-2015-67).
    \7\ As defined in the Exchange's Fee Schedule available at 
http://batstrading.com/support/fee_schedule/edgx/.
    \8\ Id.
    \9\ See Exchange Rule 11.6(e)(2) for the definition of Non-
Displayed.
    \10\ Fee code HA is appended to Non-displayed orders that add 
liquidity on the Exchange. See the Exchange's Fee Schedule available 
at http://batstrading.com/support/fee_schedule/edgx/.
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    The Exchange now proposes to amend the Investor Depth Tier to: (i) 
Decrease the Member's added ADV threshold in Non-Displayed orders from 
500,000 shares to 400,000 shares; and (ii) permit a Member's added ADV 
to include Non-Displayed orders that yield fee codes HI and/or MM, in 
addition to fee code HA. Fee code HI is appended to Non-Displayed 
orders that receive price improvement and add liquidity, and fee code 
MM is appended to Non-Displayed orders that add liquidity using 
MidPoint Peg Orders.\11\ Lowering the Member's ADV threshold would 
encourage Members who cannot meet the tier's current criteria to 
increase their volume on the Exchange in order to achieve the lower 
threshold. Also, permitting Non-Displayed orders that yield fee codes 
HI and/or MM, in addition to fee code HA, to be included as part of the 
Member's ADV would enable Members that utilize other types of Non-
Displayed orders to be included as part of the Members added ADV for 
purposes to satisfying the Investor Depth Tier. In addition, lowering 
the ADV threshold, combined with the additional fee codes, necessary to 
achieve the tier should encourage Members to add displayed liquidity, 
as only the displayed liquidity in this tier is awarded the enhanced 
rebate. The remainder of the criteria required to meet the tier as well 
as the rate offered by the tier would remain unchanged.
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    \11\ See Exchange Rule 11.8(d) for a description of MidPoint Peg 
orders.
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    The Exchange proposes to implement this amendment to its Fee 
Schedule immediately.\12\
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    \12\ The Exchange initially filed the proposed change on April 
1, 2016 (SR-BatsEDGX-2016-06). On April 11, 2016, the Exchange 
withdrew SR-BatsEDGX-2016-06 and submitted this filing).
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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,\13\ in general, and 
furthers the objectives of Section 6(b)(4),\14\ in particular, as it is 
designed to provide for the equitable allocation of reasonable dues, 
fees and other charges among its Members and other persons using its 
facilities. The Exchange also notes that it operates in

[[Page 25463]]

a highly-competitive market in which market participants can readily 
direct order flow to competing venues if they deem fee levels at a 
particular venue to be excessive. The proposed rule changes reflect a 
competitive pricing structure designed to incent market participants to 
direct their order flow to the Exchange. The Exchange believes that the 
proposed amendments to the Investor Depth Tier are equitable and non-
discriminatory in they would apply uniformly to all Members. The 
Exchange believes the rate remains competitive with those charged by 
other venues and, therefore, reasonable and equitably allocated to 
Members.
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    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
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    Volume-based rebates such as that proposed herein have been widely 
adopted by equities exchanges and are equitable because they are open 
to all Members on an equal basis and provide additional benefits or 
discounts that are reasonably related to: (i) The value to an 
exchange's market quality; (ii) associated higher levels of market 
activity, such as higher levels of liquidity provision and/or growth 
patterns; and (iii) introduction of higher volumes of orders into the 
price and volume discovery processes. The Exchange believes that the 
proposal is a reasonable, fair and equitable, and not unfairly 
discriminatory allocation of fees and rebates because it will provide 
Members with an additional incentive to reach certain thresholds on the 
Exchange.
    In particular, the Exchange believes the amendments to the Investor 
Depth Tier are a reasonable means to encourage Members to increase 
their liquidity on the Exchange. The Exchange further believes that the 
amendments to the Investor Depth Tier represent an equitable allocation 
of reasonable dues, fees, and other charges because the thresholds 
necessary to achieve the tier continue to encourage Members to add 
displayed liquidity to the EDGX Book \15\ each month, as only the 
displayed liquidity in this tier is awarded the rebate of $0.0033 per 
share. The amendments to the Investor Depth Tier also continue to 
recognizes the contribution that non-displayed liquidity provides to 
the marketplace, including: (i) Adding needed depth to the EDGX market; 
(ii) providing price support/depth of liquidity; and (iii) increasing 
diversity of liquidity to EDGX. Including Non-Displayed orders that 
yield fee codes HI and/or MM, in addition to fee code HA, would enable 
Members that utilize other types of Non-Displayed orders to be included 
as part of the Member's added ADV for purposes to satisfying the 
Investor Depth Tier. In addition, fee code MM and HI are both yielded 
on Non-Displayed orders that add liquidity--fee code MM for MidPoint 
Peg Orders and fee code HI for Non-Displayed orders that receive price 
improvement. The Exchange believes that Members utilizing Non-Displayed 
orders that add liquidity to the EDGX Book provide increased 
opportunities for Members to receive the benefit of price improvement, 
and the addition of fee codes HI and MM is a reasonable means by which 
to encourage the use of such orders. Combined with the addition of fee 
codes HI and MM, lowering the ADV threshold necessary to achieve the 
tier should encourage Members to add displayed liquidity, as only the 
displayed liquidity in this tier is awarded the enhanced rebate. The 
increased liquidity benefits all investors by deepening EDGX's 
liquidity pool, offering additional flexibility for all investors to 
enjoy cost savings, supporting the quality of price discovery, 
promoting market transparency and improving investor protection.
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    \15\ The EDGX Book is the System's electronic file of orders. 
See Exchange Rule 1.5(d).
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    The Exchange also notes that the criteria and rebate under the 
Investor Depth Tier continues to be equitable and reasonable as 
compared to other tiers offered by the Exchange. For example, under the 
Investor Tier Members may receive a rebate of $0.0032 per share where 
they (i) add an ADV of at least 0.15% of the TCV; and (ii) have an 
``added liquidity'' as a percentage of ``added plus removed liquidity'' 
of at least 85%. These thresholds mirror the first two thresholds 
required to meet the Investor Depth Tier. However, in order to achieve 
the higher rebate of $0.0033 per share provided by the amended Investor 
Depth Tier, Members must also add an ADV of at least 400,000 share as 
Non-displayed orders that yield fee codes HA, HI, and/or MM. Therefore, 
the Exchange believes the Investor Depth Tier continues to be 
consistent with Section 6(b)(4) \16\ of the Act as the more stringent 
criteria correlates with the tier's higher rebate.
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    \16\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe its proposed amendment to its Fee 
Schedule would impose any burden on competition that is not necessary 
or appropriate in furtherance of the purposes of the Act. The Exchange 
does not believe that the proposed change represents a significant 
departure from previous pricing offered by the Exchange or pricing 
offered by the Exchange's competitors. Additionally, Members may opt to 
disfavor the Exchange's pricing if they believe that alternatives offer 
them better value. Accordingly, the Exchange does not believe that the 
proposed change will impair the ability of Members or competing venues 
to maintain their competitive standing in the financial markets.
    The Exchange does not believe that the amended tier would burden 
competition, but instead, enhances competition, as it is intended to 
increase the competitiveness of and draw additional volume to the 
Exchange. As stated above, the Exchange notes that it operates in a 
highly competitive market in which market participants can readily 
direct order flow to competing venues if they deem fee structures to be 
unreasonable or excessive. The proposed change is generally intended to 
draw additional liquidity to the Exchange. The Exchange does not 
believe the amended tier would burden intramarket competition as it 
would apply to all Members uniformly.

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \17\ and paragraph (f) of Rule 19b-4 
thereunder.\18\ At any time within 60 days of the filing of the 
proposed rule change, the Commission summarily may temporarily suspend 
such rule change if it appears to the Commission that such action is 
necessary or appropriate in the public interest, for the protection of 
investors, or otherwise in furtherance of the purposes of the Act.
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act.

[[Page 25464]]

Comments may be submitted by any of the following methods:

 Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BatsEDGX-2016-11 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-BatsEDGX-2016-11. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BatsEDGX-2016-11, and should 
be submitted on or before May 19, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-09899 Filed 4-27-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  25462                             Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices

                                                  those that may be withheld from the                      solicit comments on the proposed rule                 liquidity’’ as a percentage of ‘‘added
                                                  public in accordance with the                            change from interested persons.                       plus removed liquidity’’ of at least 85%;
                                                  provisions of 5 U.S.C. 552, will be                                                                            and (3) add an ADV of at least 500,000
                                                                                                           I. Self-Regulatory Organization’s
                                                  available for Web site viewing and                                                                             share as Non-displayed 9 orders that
                                                                                                           Statement of the Terms of Substance of
                                                  printing in the Commission’s Public                                                                            yield fee code HA.10
                                                                                                           the Proposed Rule Change                                 The Exchange now proposes to amend
                                                  Reference Room, 100 F Street NE.,
                                                  Washington, DC 20549 on official                            The Exchange filed a proposal to                   the Investor Depth Tier to: (i) Decrease
                                                  business days between the hours of                       amend the fee schedule applicable to                  the Member’s added ADV threshold in
                                                  10:00 a.m. and 3:00 p.m. Copies of such                  Members 5 and non-members of the                      Non-Displayed orders from 500,000
                                                  filing also will be available for                        Exchange pursuant to EDGX Rules                       shares to 400,000 shares; and (ii) permit
                                                  inspection and copying at the principal                  15.1(a) and (c) (‘‘Fee Schedule’’) to                 a Member’s added ADV to include Non-
                                                  office of the Exchange. All comments                     amend the Investor Depth Tier under                   Displayed orders that yield fee codes HI
                                                  received will be posted without change;                  footnote 1.                                           and/or MM, in addition to fee code HA.
                                                  the Commission does not edit personal                       The text of the proposed rule change               Fee code HI is appended to Non-
                                                  identifying information from                             is available at the Exchange’s Web site               Displayed orders that receive price
                                                  submissions. You should submit only                      at www.batstrading.com, at the                        improvement and add liquidity, and fee
                                                  information that you wish to make                        principal office of the Exchange, and at              code MM is appended to Non-Displayed
                                                  available publicly. All submissions                      the Commission’s Public Reference                     orders that add liquidity using MidPoint
                                                  should refer to File Number SR–BOX–                      Room.                                                 Peg Orders.11 Lowering the Member’s
                                                  2016–17, and should be submitted on or                                                                         ADV threshold would encourage
                                                                                                           II. Self-Regulatory Organization’s
                                                  before May 19, 2016.                                                                                           Members who cannot meet the tier’s
                                                                                                           Statement of the Purpose of, and
                                                                                                                                                                 current criteria to increase their volume
                                                    For the Commission, by the Division of                 Statutory Basis for, the Proposed Rule                on the Exchange in order to achieve the
                                                  Trading and Markets, pursuant to delegated               Change                                                lower threshold. Also, permitting Non-
                                                  authority.9
                                                                                                              In its filing with the Commission, the             Displayed orders that yield fee codes HI
                                                  Brent J. Fields,                                         Exchange included statements                          and/or MM, in addition to fee code HA,
                                                  Secretary.                                               concerning the purpose of and basis for               to be included as part of the Member’s
                                                  [FR Doc. 2016–09901 Filed 4–27–16; 8:45 am]              the proposed rule change and discussed                ADV would enable Members that utilize
                                                  BILLING CODE 8011–01–P                                   any comments it received on the                       other types of Non-Displayed orders to
                                                                                                           proposed rule change. The text of these               be included as part of the Members
                                                                                                           statements may be examined at the                     added ADV for purposes to satisfying
                                                  SECURITIES AND EXCHANGE                                  places specified in Item IV below. The                the Investor Depth Tier. In addition,
                                                  COMMISSION                                               Exchange has prepared summaries, set                  lowering the ADV threshold, combined
                                                                                                           forth in Sections A, B, and C below, of               with the additional fee codes, necessary
                                                  [Release No. 34–77691; File No. SR–                      the most significant parts of such                    to achieve the tier should encourage
                                                  BatsEDGX–2016–11]                                        statements.                                           Members to add displayed liquidity, as
                                                                                                                                                                 only the displayed liquidity in this tier
                                                  Self-Regulatory Organizations; Bats                      A. Self-Regulatory Organization’s
                                                                                                                                                                 is awarded the enhanced rebate. The
                                                  EDGX Exchange, Inc.; Notice of Filing                    Statement of the Purpose of, and the
                                                                                                                                                                 remainder of the criteria required to
                                                  and Immediate Effectiveness of a                         Statutory Basis for, the Proposed Rule
                                                                                                                                                                 meet the tier as well as the rate offered
                                                  Proposed Rule Change Related to Fees                     Change
                                                                                                                                                                 by the tier would remain unchanged.
                                                                                                           1. Purpose                                               The Exchange proposes to implement
                                                  April 22, 2016.
                                                                                                              The Exchange determines the                        this amendment to its Fee Schedule
                                                     Pursuant to Section 19(b)(1) of the                   liquidity adding rebate that it will                  immediately.12
                                                  Securities Exchange Act of 1934 (the                     provide to Members using the                          2. Statutory Basis
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   Exchange’s tiered pricing structure.
                                                  notice is hereby given that on April 11,                                                                          The Exchange believes that the
                                                                                                           Under such pricing structure, a Member                proposed rule change is consistent with
                                                  2016, Bats EDGX Exchange, Inc. (the                      will receive a rebate of anywhere
                                                  ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                                                                       the objectives of Section 6 of the Act,13
                                                                                                           between $0.0025 and $0.0034 per share                 in general, and furthers the objectives of
                                                  Securities and Exchange Commission                       executed, depending on the volume tier
                                                  (‘‘Commission’’) the proposed rule                                                                             Section 6(b)(4),14 in particular, as it is
                                                                                                           for which such Member qualifies. In                   designed to provide for the equitable
                                                  change as described in Items I, II and III               January 2014, the Exchange adopted the
                                                  below, which Items have been prepared                                                                          allocation of reasonable dues, fees and
                                                                                                           Investor Depth Tier under footnote 1 of               other charges among its Members and
                                                  by the Exchange. The Exchange has                        the Fee Schedule.6 Members who
                                                  designated the proposed rule change as                                                                         other persons using its facilities. The
                                                                                                           qualify for the Investor Depth Tier                   Exchange also notes that it operates in
                                                  one establishing or changing a member
                                                                                                           receive a rebate of $0.0033 per share
                                                  due, fee, or other charge imposed by the
                                                                                                           where they: (i) Add an ADV 7 of at least                9 See Exchange Rule 11.6(e)(2) for the definition
                                                  Exchange under Section 19(b)(3)(A)(ii)
                                                                                                           0.15% of the TCV; 8 (ii) have an ‘‘added              of Non-Displayed.
                                                  of the Act 3 and Rule 19b–4(f)(2)                                                                                10 Fee code HA is appended to Non-displayed
                                                  thereunder,4 which renders the                              5 The term ‘‘Member’’ is defined as ‘‘any          orders that add liquidity on the Exchange. See the
                                                  proposed rule change effective upon                      registered broker or dealer that has been admitted    Exchange’s Fee Schedule available at http://
mstockstill on DSK3G9T082PROD with NOTICES




                                                  filing with the Commission. The                          to membership in the Exchange.’’ See Exchange         batstrading.com/support/fee_schedule/edgx/.
                                                  Commission is publishing this notice to                  Rule 1.5(n).                                            11 See Exchange Rule 11.8(d) for a description of
                                                                                                              6 See Securities Exchange Act Release No. 76816    MidPoint Peg orders.
                                                                                                           (January 4, 2016, 81 FR 987 (January 8, 2016) (SR–      12 The Exchange initially filed the proposed
                                                    9 17 CFR 200.30–3(a)(12).                              EDGX–2015–67).                                        change on April 1, 2016 (SR–BatsEDGX–2016–06).
                                                    1 15 U.S.C. 78s(b)(1).                                    7 As defined in the Exchange’s Fee Schedule        On April 11, 2016, the Exchange withdrew SR–
                                                    2 17 CFR 240.19b–4.                                                                                          BatsEDGX–2016–06 and submitted this filing).
                                                                                                           available at http://batstrading.com/support/fee_
                                                    3 15 U.S.C. 78s(b)(3)(A)(ii).                          schedule/edgx/.                                         13 15 U.S.C. 78f.
                                                    4 17 CFR 240.19b–4(f)(2).                                 8 Id.                                                14 15 U.S.C. 78f(b)(4).




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                                                                                Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices                                            25463

                                                  a highly-competitive market in which                    of the Member’s added ADV for                          represents a significant departure from
                                                  market participants can readily direct                  purposes to satisfying the Investor                    previous pricing offered by the
                                                  order flow to competing venues if they                  Depth Tier. In addition, fee code MM                   Exchange or pricing offered by the
                                                  deem fee levels at a particular venue to                and HI are both yielded on Non-                        Exchange’s competitors. Additionally,
                                                  be excessive. The proposed rule changes                 Displayed orders that add liquidity—fee                Members may opt to disfavor the
                                                  reflect a competitive pricing structure                 code MM for MidPoint Peg Orders and                    Exchange’s pricing if they believe that
                                                  designed to incent market participants                  fee code HI for Non-Displayed orders                   alternatives offer them better value.
                                                  to direct their order flow to the                       that receive price improvement. The                    Accordingly, the Exchange does not
                                                  Exchange. The Exchange believes that                    Exchange believes that Members                         believe that the proposed change will
                                                  the proposed amendments to the                          utilizing Non-Displayed orders that add                impair the ability of Members or
                                                  Investor Depth Tier are equitable and                   liquidity to the EDGX Book provide                     competing venues to maintain their
                                                  non-discriminatory in they would apply                  increased opportunities for Members to                 competitive standing in the financial
                                                  uniformly to all Members. The                           receive the benefit of price                           markets.
                                                  Exchange believes the rate remains                      improvement, and the addition of fee                      The Exchange does not believe that
                                                  competitive with those charged by other                 codes HI and MM is a reasonable means                  the amended tier would burden
                                                  venues and, therefore, reasonable and                   by which to encourage the use of such                  competition, but instead, enhances
                                                  equitably allocated to Members.                         orders. Combined with the addition of                  competition, as it is intended to increase
                                                     Volume-based rebates such as that                    fee codes HI and MM, lowering the ADV                  the competitiveness of and draw
                                                  proposed herein have been widely                        threshold necessary to achieve the tier                additional volume to the Exchange. As
                                                  adopted by equities exchanges and are                   should encourage Members to add                        stated above, the Exchange notes that it
                                                  equitable because they are open to all                  displayed liquidity, as only the                       operates in a highly competitive market
                                                  Members on an equal basis and provide                   displayed liquidity in this tier is                    in which market participants can
                                                  additional benefits or discounts that are               awarded the enhanced rebate. The                       readily direct order flow to competing
                                                  reasonably related to: (i) The value to an              increased liquidity benefits all investors             venues if they deem fee structures to be
                                                  exchange’s market quality; (ii)                         by deepening EDGX’s liquidity pool,                    unreasonable or excessive. The
                                                  associated higher levels of market                      offering additional flexibility for all                proposed change is generally intended
                                                  activity, such as higher levels of                      investors to enjoy cost savings,                       to draw additional liquidity to the
                                                  liquidity provision and/or growth                       supporting the quality of price                        Exchange. The Exchange does not
                                                  patterns; and (iii) introduction of higher              discovery, promoting market                            believe the amended tier would burden
                                                  volumes of orders into the price and                    transparency and improving investor                    intramarket competition as it would
                                                  volume discovery processes. The                         protection.                                            apply to all Members uniformly.
                                                  Exchange believes that the proposal is a                   The Exchange also notes that the
                                                  reasonable, fair and equitable, and not                 criteria and rebate under the Investor                 C. Self-Regulatory Organization’s
                                                  unfairly discriminatory allocation of                   Depth Tier continues to be equitable                   Statement on Comments on the
                                                  fees and rebates because it will provide                and reasonable as compared to other                    Proposed Rule Change Received From
                                                  Members with an additional incentive                    tiers offered by the Exchange. For                     Members, Participants, or Others
                                                  to reach certain thresholds on the                      example, under the Investor Tier
                                                  Exchange.                                               Members may receive a rebate of                          The Exchange has not solicited, and
                                                     In particular, the Exchange believes                 $0.0032 per share where they (i) add an                does not intend to solicit, comments on
                                                  the amendments to the Investor Depth                    ADV of at least 0.15% of the TCV; and                  this proposed rule change. The
                                                  Tier are a reasonable means to                          (ii) have an ‘‘added liquidity’’ as a                  Exchange has not received any
                                                  encourage Members to increase their                     percentage of ‘‘added plus removed                     unsolicited written comments from
                                                  liquidity on the Exchange. The                          liquidity’’ of at least 85%. These                     Members or other interested parties.
                                                  Exchange further believes that the                      thresholds mirror the first two                        III. Date of Effectiveness of the
                                                  amendments to the Investor Depth Tier                   thresholds required to meet the Investor               Proposed Rule Change and Timing for
                                                  represent an equitable allocation of                    Depth Tier. However, in order to                       Commission Action
                                                  reasonable dues, fees, and other charges                achieve the higher rebate of $0.0033 per
                                                  because the thresholds necessary to                     share provided by the amended Investor                    The foregoing rule change has become
                                                  achieve the tier continue to encourage                  Depth Tier, Members must also add an                   effective pursuant to Section 19(b)(3)(A)
                                                  Members to add displayed liquidity to                   ADV of at least 400,000 share as Non-                  of the Act 17 and paragraph (f) of Rule
                                                  the EDGX Book 15 each month, as only                    displayed orders that yield fee codes                  19b–4 thereunder.18 At any time within
                                                  the displayed liquidity in this tier is                 HA, HI, and/or MM. Therefore, the                      60 days of the filing of the proposed rule
                                                  awarded the rebate of $0.0033 per share.                Exchange believes the Investor Depth                   change, the Commission summarily may
                                                  The amendments to the Investor Depth                    Tier continues to be consistent with                   temporarily suspend such rule change if
                                                  Tier also continue to recognizes the                    Section 6(b)(4) 16 of the Act as the more              it appears to the Commission that such
                                                  contribution that non-displayed                         stringent criteria correlates with the                 action is necessary or appropriate in the
                                                  liquidity provides to the marketplace,                  tier’s higher rebate.                                  public interest, for the protection of
                                                  including: (i) Adding needed depth to                                                                          investors, or otherwise in furtherance of
                                                                                                          B. Self-Regulatory Organization’s                      the purposes of the Act.
                                                  the EDGX market; (ii) providing price
                                                                                                          Statement on Burden on Competition
                                                  support/depth of liquidity; and (iii)                                                                          IV. Solicitation of Comments
                                                  increasing diversity of liquidity to                      The Exchange does not believe its
                                                                                                          proposed amendment to its Fee                            Interested persons are invited to
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                                                  EDGX. Including Non-Displayed orders
                                                  that yield fee codes HI and/or MM, in                   Schedule would impose any burden on                    submit written data, views, and
                                                  addition to fee code HA, would enable                   competition that is not necessary or                   arguments concerning the foregoing,
                                                  Members that utilize other types of Non-                appropriate in furtherance of the                      including whether the proposed rule
                                                  Displayed orders to be included as part                 purposes of the Act. The Exchange does                 change is consistent with the Act.
                                                                                                          not believe that the proposed change
                                                    15 The EDGX Book is the System’s electronic file                                                               17 15   U.S.C. 78s(b)(3)(A).
                                                  of orders. See Exchange Rule 1.5(d).                      16 15   U.S.C. 78f(b)(4).                              18 17   CFR 240.19b–4(f).



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                                                  25464                            Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices

                                                  Comments may be submitted by any of                       SECURITIES AND EXCHANGE                                 Exchange, and at the Commission’s
                                                  the following methods:                                    COMMISSION                                              Public Reference Room.
                                                  Electronic Comments                                       [Release No. 34–77495; File No. SR–                     II. Self-Regulatory Organization’s
                                                                                                            NASDAQ–2016–046]                                        Statement of the Purpose of, and
                                                    • Use the Commission’s Internet                                                                                 Statutory Basis for, the Proposed Rule
                                                  comment form (http://www.sec.gov/                         Self-Regulatory Organizations; The                      Change
                                                  rules/sro.shtml); or                                      NASDAQ Stock Market LLC; Notice of
                                                                                                            Filing and Immediate Effectiveness of                      In its filing with the Commission, the
                                                    • Send an email to rule-comments@                                                                               Exchange included statements
                                                                                                            Proposed Rule Change To Amend
                                                  sec.gov. Please include File Number SR–                                                                           concerning the purpose of and basis for
                                                                                                            Fees Under Rules 7015(b) and (g)
                                                  BatsEDGX–2016–11 on the subject line.                                                                             the proposed rule change and discussed
                                                                                                            April 1, 2016.                                          any comments it received on the
                                                  Paper Comments                                                                                                    proposed rule change. The text of these
                                                                                                            Correction
                                                    • Send paper comments in triplicate                                                                             statements may be examined at the
                                                  to Secretary, Securities and Exchange                       In notice document 2016–07937                         places specified in Item IV below. The
                                                  Commission, 100 F Street Ne.,                             beginning on page 20426 in the issue of                 Exchange has prepared summaries, set
                                                                                                            Thursday, April 7, 2016, make the                       forth in sections A, B, and C below, of
                                                  Washington, DC 20549–1090.
                                                                                                            following correction:                                   the most significant aspects of such
                                                  All submissions should refer to File                        1. On page 20428, in the second                       statements.
                                                  Number SR–BatsEDGX–2016–11. This                          column, in the 27th line, ‘‘April 27,
                                                                                                            2016’’ should read ‘‘April 28, 2016.’’                  A. Self-Regulatory Organization’s
                                                  file number should be included on the
                                                                                                                                                                    Statement of the Purpose of, and
                                                  subject line if email is used. To help the                [FR Doc. C1–2016–07937 Filed 4–27–16; 8:45 am]
                                                                                                                                                                    Statutory Basis for, the Proposed Rule
                                                  Commission process and review your                        BILLING CODE 1505–01–D                                  Change
                                                  comments more efficiently, please use
                                                  only one method. The Commission will                                                                              1. Purpose
                                                  post all comments on the Commission’s                     SECURITIES AND EXCHANGE                                    The Exchange proposes to amend
                                                  Internet Web site (http://www.sec.gov/                    COMMISSION                                              Rule 606 to: (1) Add language that
                                                  rules/sro.shtml). Copies of the                           [Release No. 34–77687; File No. SR–Phlx–                would allow the Exchange to limit the
                                                  submission, all subsequent                                2016–48]                                                use of a communication device under
                                                  amendments, all written statements                                                                                certain circumstances; (2) Clarify the
                                                  with respect to the proposed rule                         Self-Regulatory Organizations;                          process for changing registration of user,
                                                  change that are filed with the                            NASDAQ PHLX LLC; Notice of Filing                       and delete obsolete language regarding
                                                  Commission, and all written                               and Immediate Effectiveness of                          wattage and add language regarding
                                                  communications relating to the                            Proposed Rule Change Regarding Rule                     Web-based and open microphone
                                                  proposed rule change between the                          606                                                     (‘‘open mic’’) 4 communication
                                                  Commission and any person, other than                                                                             applications; (3) Clarify [sic] language
                                                                                                            April 22, 2016.
                                                  those that may be withheld from the                                                                               regarding call forwarding and open mic;
                                                                                                               Pursuant to Section 19(b)(1) of the                  (4) Delete obsolete language regarding
                                                  public in accordance with the                             Securities Exchange Act of 1934
                                                  provisions of 5 U.S.C. 552, will be                                                                               stock execution clerks and in-house
                                                                                                            (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 phone use; and (5) Add [sic] language
                                                  available for Web site viewing and                        notice is hereby given that, on April 7,                regarding records.
                                                  printing in the Commission’s Public                       2016, NASDAQ PHLX LLC (‘‘Phlx’’ or                         Rule 606, which applies to the use of
                                                  Reference Room, 100 F Street NE.,                         ‘‘Exchange’’) filed with the Securities                 electronic communication devices on
                                                  Washington, DC 20549, on official                         and Exchange Commission                                 the options floor of the Exchange
                                                  business days between the hours of                        (‘‘Commission’’) the proposed rule                      (‘‘Options Floor’’), has been around for
                                                  10:00 a.m. and 3:00 p.m. Copies of the                    change as described in Items I and II                   more than fifty years,5 at which time
                                                  filing also will be available for                         below, which Items have been prepared                   Exchange options trading was strictly
                                                  inspection and copying at the principal                   by the Exchange. The Commission is                      on-floor open outcry through specialists.
                                                  office of the Exchange. All comments                      publishing this notice to solicit                       Exchange options trading has, since that
                                                  received will be posted without change;                   comments on the proposed rule change                    time, developed into a robust hybrid
                                                  the Commission does not edit personal                     from interested persons.
                                                  identifying information from                              I. Self-Regulatory Organization’s                          4 Open mic allows listeners other than the

                                                  submissions. You should submit only                       Statement of the Terms of Substance of                  intended party on the other end of a line (e.g.,
                                                  information that you wish to make                                                                                 telephone) to listen to the conversation.
                                                                                                            the Proposed Rule Change                                   5 Since the inception of Rule 606 in 1964, the rule
                                                  available publicly. All submissions                                                                               was amended about ten times, with the last
                                                  should refer to File Number SR–                              The Exchange is filing with the
                                                                                                                                                                    substantive amendment in 2002. See Securities
                                                  BatsEDGX–2016–11, and should be                           Commission a proposal to amend Rule                     Exchange Act Release No. 49098 (February 13,
                                                                                                            606 (Communications and Equipment).                     2002), 67 FR 8053 (February 21, 2002) (SR–Phlx–
                                                  submitted on or before May 19, 2016.
                                                                                                            The proposed amendment is described                     2001–109) (notice of filing and immediate
                                                    For the Commission, by the Division of                  further below.3                                         effectiveness regarding tethered communication
                                                  Trading and Markets, pursuant to delegated                                                                        devices). See also Securities Exchange Act Release
                                                                                                               The text of the proposed rule change                 Nos. 49098 (January 16, 2004), 69 FR 3974 (January
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                                                  authority.19                                              is available on the Exchange’s Web site                 27, 2004) (SR–Phlx–2003–73) (approval order);
                                                  Brent J. Fields,                                          at http://nasdaqomxphlx.cchwall                         54538 (September 28, 2006), 71 FR 59184 (October
                                                                                                            street.com/, at the principal office of the             6, 2006) (SR–Phlx–2006–43) (approval order);
                                                  Secretary.                                                                                                        59924 (May 14, 2009), 74 FR 23759 (May 20, 2009)
                                                  [FR Doc. 2016–09899 Filed 4–27–16; 8:45 am]                                                                       (Phlx–2009–23) (approval order); and 64338 (April
                                                                                                              1 15 U.S.C. 78s(b)(1).
                                                  BILLING CODE 8011–01–P
                                                                                                                                                                    25, 2011), 76 FR 24069 (April 29, 2011) (SR–Phlx–
                                                                                                              2 17 CFR 240.19b–4.                                   2011–13) (approval order) (these last four proposals
                                                                                                              3 References to rules are, unless otherwise stated,   made non-substantive technical or conforming
                                                    19 17   CFR 200.30–3(a)(12).                            to the rules of the Exchange.                           changes to Rule 606).



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Document Created: 2016-04-28 01:05:58
Document Modified: 2016-04-28 01:05:58
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 25462 

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