81_FR_41740 81 FR 41617 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees

81 FR 41617 - 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 123 (June 27, 2016)

Page Range41617-41619
FR Document2016-15076

Federal Register, Volume 81 Issue 123 (Monday, June 27, 2016)
[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Notices]
[Pages 41617-41619]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15076]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78112; File No. SR-BatsEDGX-2016-23]


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

June 21, 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 June 8, 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)

[[Page 41618]]

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 add fee codes NA and NB.
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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 previously filed a proposed rule change with the 
Commission to include a Non-Displayed \6\ instruction on orders routed 
to an away Trading Center.\7\ The Exchange intends to implement this 
functionality on June 1, 2016.\8\ Because other Trading Centers 
typically provide different rebates or fees with respect to non-
displayed liquidity the Exchange proposes to amend its Fee Schedule to 
add fee codes NA and NB, which would apply to orders routed with a Non-
Displayed instruction. Proposed fee code NA would be applied to orders 
that include a Non-Displayed instruction that are routed to and add 
liquidity on Bats BZX Exchange, Inc. (``BZX''), the New York Stock 
Exchange, Inc. (``NYSE''), NYSE Arca, Inc. (``NYSE Arca''), NYSE MKT 
LLC (``NYSE MKT''), or the Nasdaq Stock Market LLC (``Nasdaq'').\9\ 
Orders that yield fee code NA would not be charged a fee nor receive a 
rebate in both securities priced at or above $1.00 or below $1.00. 
Proposed fee code NB would be applied to orders that include a Non-
Displayed instruction and are routed to and add liquidity on any 
exchange not listed in proposed fee code NA. Orders that yield fee code 
NB would be charged a fee of $0.0030 per share in securities priced at 
or above $1.00 and 0.30% of the trade's total dollar value in 
securities priced below $1.00.
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    \6\ See Exchange Rule 11.6(e)(2).
    \7\ The Exchange notes that the Exchange also amended its rules 
to route orders with a Reserve Quantity (as defined in Rule 11.6(m)) 
as such to other Trading Centers. See Securities Exchange Act 77189 
(February 19, 2016), 81 FR 9571 (February 25, 2016) (SR-EDGX-2016-
08). Orders to be routed with a Non-Displayed instruction or a 
Reserve Quantity would be handled in accordance with the rules of 
the Trading Center to which they are routed. Id. This proposal does 
not impact orders routed with a Reserve Quantity.
    \8\ See Bats Announces Support for Hidden Post-to-Away Routed 
Orders, available at http://cdn.batstrading.com/resources/release_notes/2016/Bats-Announces-Support-for-Hidden-Post-to-Away-Routed-Orders.pdf.
    \9\ Today, all orders that are routed to post to an away market 
are routed for display on such market and receive the following 
rates: (i) Rebate of $0.0015 per share for orders routed to the 
NYSE; (ii) rebate of $0.0021 per share for Tapes A and C securities 
and a rebate of $0.0022 per share for Tape B securities for orders 
routed to NYSE Arca; (iii) rebate of $0.0015 per share for orders 
routed to NYSE MKT; (iv) rebate of $0.0015 per share for orders 
routed to Nasdaq; and (v) a rebate of $0.0020 per share for orders 
routed to BZX. See the Exchange's Fee Schedule available at http://batstrading.com/support/fee_schedule/edga/. These rates generally 
represent a pass through of the rate that Bats Trading, Inc. (``Bats 
Trading''), the Exchange's affiliated routing broker-dealer, is 
provided for adding displayed liquidity at NYSE, NYSE Arca, NYSE 
MKT, Nasdaq, or BZX when it does not qualify for a volume tiered 
reduced fee or enhanced rebate.
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Implementation Date
    The Exchange proposes to implement these amendments to its Fee 
Schedule effective immediately.\10\
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    \10\ The Exchange initially filed the proposed fee change on May 
31, 2016 (SR-BatsEDGX-2016-20). On June 8, 2016, the Exchange 
withdrew SR-BatsEDGX-2016-20 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,\11\ in general, and 
furthers the objectives of Section 6(b)(4),\12\ 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 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 fee codes are equitable and non-discriminatory in they would 
apply uniformly to all Members. The Exchange believes the rates remains 
competitive with those charged by other venues and, therefore, 
reasonable and equitably allocated to Members.
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    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(4).
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    In particular, the Exchange believes that the proposed fee codes 
represent an equitable allocation of reasonable dues, fees, and other 
charges. The proposed fees are similar to and based on the fees and 
rebates assessed or provided to Bats Trading when routing to away 
Trading Centers. For instance, like proposed fee code NA, the NYSE, 
NYSE Arca, and Nasdaq charge no fee nor provide a rebate for non-
displayed orders that add liquidity.\13\ In addition, the exchanges 
that would be covered by proposed fee code NB charge a fee of up to 
$0.0030 per share to add liquidity.\14\ In addition, the proposed rate 
for fee code NB is equal to or greater than similar routing fees 
charged by other exchanges. For example, the NYSE, NYSE MKT, Nasdaq, 
and BZX charge a fee of $0.0030 per share and NYSE Arca charges a fee 
of $0.0035 per share regardless of which destination the order is 
routed.\15\
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    \13\ See the NYSE fee schedule available at https://www.nyse.com/publicdocs/nyse/markets/nyse/NYSE_Price_List.pdf (dated 
May 23, 2016); the NYSE Arca fee schedule available at https://www.nyse.com/publicdocs/nyse/markets/nyse-arca/NYSE_Arca_Marketplace_Fees.pdf (dated May 23, 2016); and the Nasdaq 
fee schedule available at http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2. The Exchange notes that NYSE MKT 
and BZX provide a rebate of $0.0016 and $0.0017 per share 
respectively for non-displayed orders that add liquidity. See the 
NYSE MKT fee schedule available at https://www.nyse.com/publicdocs/nyse/markets/nyse-mkt/NYSE_MKT_Equities_Price_List.pdf (dated May 
23, 2016); and the BZX fee schedule available at http://batstrading.com/support/fee_schedule/bzx/.
    \14\ See the Bats BYX Exchange Inc. fee schedule available at 
http://batstrading.com/support/fee_schedule/byx/; the Bats EDGA 
Exchange, Inc. fee schedule available at http://batstrading.com/support/fee_schedule/edga/; and the Nasdaq BX, Inc. fee schedule 
available at http://www.nasdaqtrader.com/Trader.aspx?id=bx_pricing. 
The Exchange notes that it currently does not provide for routing 
orders to post on the Chicago Stock Exchange, Inc. or the National 
Stock Exchange, Inc.
    \15\ See supra note 13. Nasdaq charges a fee of $0.0035 per 
share for routed orders that are directed to another market. See the 
Nasdaq fee schedule at id.

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[[Page 41619]]

    The Exchange notes that routing through Bats Trading is voluntary. 
The Exchange is providing a service to allow Members to post orders 
with a Non-Displayed instruction to these destinations and that those 
Members seeking to post such orders to away destinations may connect to 
those destinations directly and be charged the fee or provided the 
rebate from that destination. Therefore, the Exchange believes the 
rates for proposed fee codes NA and NB are equitable and reasonable 
because they are related to the rates provided by the away exchange and 
reasonably account for the routing service provided for by the 
Exchange. Lastly, the Exchange believes that the proposed amendments 
are non-discriminatory because it applies uniformly to all Members and 
that the proposed rates are directly related to rates provided by the 
destinations to which the orders may be routed.

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 changes 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. For example, routing through Bats Trading is 
voluntary and Members seeking to post such orders to away destinations 
may connect to those destinations directly and be charged the fee or 
provide the rebate from that destination. 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 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 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 \16\ and paragraph (f) of Rule 19b-4 
thereunder.\17\ 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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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 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. 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-2016-23 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-2016-23. 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-2016-23, and should 
be submitted on or before July 18, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-15076 Filed 6-24-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices                                                   41617

                                                  or the exchange otherwise may hesitate                  communications relating to the                         are reasonably designed to prevent any
                                                  to, diligently monitor and surveil the                  proposed rule change between the                       shareholder from exercising undue
                                                  member’s conduct or diligently enforce                  Commission and any person, other than                  control over the operation of each of the
                                                  its rules and the federal securities laws               those that may be withheld from the                    Exchanges. Furthermore, as stated
                                                  with respect to conduct by the member                   public in accordance with the                          above, the Commission believes that the
                                                  that violates such provisions.81 The                    provisions of 5 U.S.C. 552, will be                    proposed Membership Ownership
                                                  Commission finds that the proposed                      available for Web site viewing and                     Restrictions are reasonably designed to
                                                  Member Ownership Restrictions,                          printing in the Commission’s Public                    reduce the potential for an Exchanges’
                                                  combined with the voting limitations in                 Reference Room, 100 F Street NE.,                      member to improperly interfere with or
                                                  Nasdaq’s governing documents as                         Washington, DC 20549, on official                      restrict the ability of the Commission or
                                                  discussed above, are consistent with the                business days between the hours of                     the Exchanges to effectively carry out
                                                  Act, including Sections 6(b)(1) and                     10:00 a.m. and 3:00 p.m. Copies of the                 their respective regulatory oversight
                                                  6(b)(5) of the Act. The Commission                      filing also will be available for                      responsibilities under the Act.
                                                  believes that the proposed Member                       inspection and copying at the principal                Accordingly, the Commission finds
                                                  Ownership Restrictions are reasonably                   office of the ISE, ISE Gemini, or ISE                  good cause for approving the proposed
                                                  designed to reduce the potential for an                 Mercury, as applicable. All comments                   rule changes, as modified by their
                                                  Exchanges’ member to improperly                         received will be posted without change;                respective Amendment No. 1, on an
                                                  interfere with or restrict the ability of               the Commission does not edit personal                  accelerated basis, pursuant to Section
                                                  the Commission or the Exchanges to                      identifying information from                           19(b)(2) of the Act.
                                                  effectively carry out their respective                  submissions. You should submit only                    VI. Conclusion
                                                  regulatory oversight responsibilities                   information that you wish to make
                                                  under the Act.                                          available publicly. All submissions                      IT IS THEREFORE ORDERED,
                                                                                                          should refer to File Numbers SR–ISE–                   pursuant to Section 19(b)(2) of the Act 86
                                                  IV. Solicitation of Comments on                                                                                that the proposed rule changes (SR–ISE–
                                                                                                          2016–11, SR–ISE Gemini–2016–05, or
                                                  Amendment No. 1                                                                                                2016–11; SR–ISE Gemini–2016–05; SR–
                                                                                                          SR–ISE Mercury–2016–10, as
                                                     Interested persons are invited to                    applicable, and should be submitted on                 ISE Mercury–2016–10), as modified by
                                                  submit written data, views, and                         or before July 18, 2016.                               their respective Amendment No. 1, be,
                                                  arguments concerning: Amendment No.                                                                            and hereby are, approved on an
                                                  1 to File Nos. SR–ISE–2016–11, SR–ISE                   V. Accelerated Approval of Proposed                    accelerated basis.
                                                  Gemini–2016–05, and SR–ISE Mercury–                     Rule Changes, as Modified by Their                       For the Commission, by the Division of
                                                  2016–10, including whether                              Respective Amendment No. 1                             Trading and Markets, pursuant to delegated
                                                  Amendment No. 1 is consistent with the                     The Commission, pursuant to Section                 authority.87
                                                  Act. Comments may be submitted by                       19(b)(2) of the Act,82 finds good cause                Brent J. Fields,
                                                  any of the following methods:                           for approving the proposed rule                        Secretary.
                                                  Electronic Comments                                     changes, as modified by their respective               [FR Doc. 2016–15067 Filed 6–24–16; 8:45 am]
                                                                                                          Amendment No. 1 prior to the thirtieth                 BILLING CODE 8011–01–P
                                                    • Use the Commission’s Internet                       day after the date of publication of
                                                  comment form (http://www.sec.gov/                       notice of filing of Amendment No. 1 in
                                                  rules/sro.shtml); or                                    the Federal Register. In Amendment                     SECURITIES AND EXCHANGE
                                                    • Send an email to rule-comments@                     No. 1, the Exchanges propose to amend                  COMMISSION
                                                  sec.gov. Please include File Number SR–                 the ISE Holdings COI and U.S. Exchange
                                                  ISE–2016–11, SR–ISE Gemini–2016–05,                                                                            [Release No. 34–78112; File No. SR–
                                                                                                          Holdings COI to remove the Ownership                   BatsEDGX–2016–23]
                                                  or SR–ISE Mercury–2016–10, as                           Limits and Voting Limits and adopt new
                                                  applicable, on the subject line.                        controls on the ownership, transfer,                   Self-Regulatory Organizations; Bats
                                                  Paper Comments                                          assignment, and voting of the capital                  EDGX Exchange, Inc.; Notice of Filing
                                                     • Send paper comments in triplicate                  stock of U.S. Exchange Holdings and                    and Immediate Effectiveness of a
                                                  to Secretary, Securities and Exchange                   ISE Holdings.83 Amendment No. 1 also                   Proposed Rule Change Related to Fees
                                                  Commission, 100 F Street NE.,                           made certain conforming changes to the
                                                                                                          ISE Holdings COI and U.S. Exchange                     June 21, 2016.
                                                  Washington, DC 20549–1090.                                                                                        Pursuant to Section 19(b)(1) of the
                                                     All submissions should refer to File                 Holdings COI in connection with the
                                                                                                          removal of the Ownership Limits and                    Securities Exchange Act of 1934 (the
                                                  Numbers SR–ISE–2016–11, SR–ISE                                                                                 ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  Gemini–2016–05, SR–ISE Mercury–                         Voting Limits.84 In addition, each of the
                                                                                                          Exchanges proposes to amend one of                     notice is hereby given that on June 8,
                                                  2016–10, as applicable. This file number                                                                       2016, Bats EDGX Exchange, Inc. (the
                                                  should be included on the subject line                  their existing rules limiting the
                                                                                                          affiliation between ISE, ISE Gemini, or                ‘‘Exchange’’ or ‘‘EDGX’’) filed with the
                                                  if email is used. To help the                                                                                  Securities and Exchange Commission
                                                  Commission process and review your                      ISE Mercury and their respective
                                                                                                          members by adopting the Member                         (‘‘Commission’’) the proposed rule
                                                  comments more efficiently, please use                                                                          change as described in Items I, II and III
                                                  only one method. The Commission will                    Ownership Restrictions.85 As discussed
                                                                                                          more fully above, the Commission                       below, which Items have been prepared
                                                  post all comments on the Commission’s                                                                          by the Exchange. The Exchange has
                                                  Internet Web site (http://www.sec.gov/                  believes that the amended Ownership
                                                                                                          Limits and Voting Limits, along with the               designated the proposed rule change as
                                                  rules/sro.shtml). Copies of the
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          ancillary modifications related thereto,               one establishing or changing a member
                                                  submission, all subsequent                                                                                     due, fee, or other charge imposed by the
                                                  amendments, all written statements                                                                             Exchange under Section 19(b)(3)(A)(ii)
                                                                                                            82 15 U.S.C. 78s(b)(2).
                                                  with respect to the proposed rule                         83 See supra Section III.B (Ownership Limits and
                                                  change that are filed with the                          Voting Limits).                                          86 15 U.S.C. 78f(b)(2).
                                                  Commission, and all written                               84 See supra notes 54 and 64.                          87 17 CFR 200.30–3(a)(12).
                                                                                                            85 See supra Section III.D (Member Ownership           1 15 U.S.C. 78s(b)(1).
                                                    81 See   id.                                          Restriction).                                            2 17 CFR 240.19b–4.




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                                                  41618                          Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices

                                                  of the Act 3 and Rule 19b–4(f)(2)                       functionality on June 1, 2016.8 Because                 allocation of reasonable dues, fees and
                                                  thereunder,4 which renders the                          other Trading Centers typically provide                 other charges among its Members and
                                                  proposed rule change effective upon                     different rebates or fees with respect to               other persons using its facilities. The
                                                  filing with the Commission. The                         non-displayed liquidity the Exchange                    Exchange also notes that it operates in
                                                  Commission is publishing this notice to                 proposes to amend its Fee Schedule to                   a highly-competitive market in which
                                                  solicit comments on the proposed rule                   add fee codes NA and NB, which would                    market participants can readily direct
                                                  change from interested persons.                         apply to orders routed with a Non-                      order flow to competing venues if they
                                                                                                          Displayed instruction. Proposed fee                     deem fee levels at a particular venue to
                                                  I. Self-Regulatory Organization’s                       code NA would be applied to orders                      be excessive. The proposed rule changes
                                                  Statement of the Terms of Substance of                  that include a Non-Displayed                            reflect a competitive pricing structure
                                                  the Proposed Rule Change                                instruction that are routed to and add                  designed to incent market participants
                                                     The Exchange filed a proposal to                     liquidity on Bats BZX Exchange, Inc.                    to direct their order flow to the
                                                  amend the fee schedule applicable to                    (‘‘BZX’’), the New York Stock Exchange,                 Exchange. The Exchange believes that
                                                  Members 5 and non-members of the                        Inc. (‘‘NYSE’’), NYSE Arca, Inc. (‘‘NYSE                the proposed fee codes are equitable and
                                                  Exchange pursuant to EDGX Rules                         Arca’’), NYSE MKT LLC (‘‘NYSE                           non-discriminatory in they would apply
                                                  15.1(a) and (c) (‘‘Fee Schedule’’) to add               MKT’’), or the Nasdaq Stock Market LLC                  uniformly to all Members. The
                                                  fee codes NA and NB.                                    (‘‘Nasdaq’’).9 Orders that yield fee code               Exchange believes the rates remains
                                                     The text of the proposed rule change                 NA would not be charged a fee nor                       competitive with those charged by other
                                                  is available at the Exchange’s Web site                 receive a rebate in both securities priced              venues and, therefore, reasonable and
                                                  at www.batstrading.com, at the                          at or above $1.00 or below $1.00.                       equitably allocated to Members.
                                                  principal office of the Exchange, and at                Proposed fee code NB would be applied                      In particular, the Exchange believes
                                                  the Commission’s Public Reference                       to orders that include a Non-Displayed                  that the proposed fee codes represent an
                                                  Room.                                                   instruction and are routed to and add                   equitable allocation of reasonable dues,
                                                                                                          liquidity on any exchange not listed in                 fees, and other charges. The proposed
                                                  II. Self-Regulatory Organization’s                      proposed fee code NA. Orders that yield                 fees are similar to and based on the fees
                                                  Statement of the Purpose of, and                        fee code NB would be charged a fee of                   and rebates assessed or provided to Bats
                                                  Statutory Basis for, the Proposed Rule                  $0.0030 per share in securities priced at               Trading when routing to away Trading
                                                  Change                                                  or above $1.00 and 0.30% of the trade’s                 Centers. For instance, like proposed fee
                                                    In its filing with the Commission, the                total dollar value in securities priced                 code NA, the NYSE, NYSE Arca, and
                                                  Exchange included statements                            below $1.00.                                            Nasdaq charge no fee nor provide a
                                                  concerning the purpose of and basis for                                                                         rebate for non-displayed orders that add
                                                                                                          Implementation Date                                     liquidity.13 In addition, the exchanges
                                                  the proposed rule change and discussed
                                                  any comments it received on the                            The Exchange proposes to implement                   that would be covered by proposed fee
                                                  proposed rule change. The text of these                 these amendments to its Fee Schedule                    code NB charge a fee of up to $0.0030
                                                  statements may be examined at the                       effective immediately.10                                per share to add liquidity.14 In addition,
                                                  places specified in Item IV below. The                  2. Statutory Basis                                      the proposed rate for fee code NB is
                                                  Exchange has prepared summaries, set                                                                            equal to or greater than similar routing
                                                                                                             The Exchange believes that the                       fees charged by other exchanges. For
                                                  forth in Sections A, B, and C below, of
                                                                                                          proposed rule change is consistent with                 example, the NYSE, NYSE MKT,
                                                  the most significant parts of such
                                                                                                          the objectives of Section 6 of the Act,11               Nasdaq, and BZX charge a fee of
                                                  statements.
                                                                                                          in general, and furthers the objectives of              $0.0030 per share and NYSE Arca
                                                  A. Self-Regulatory Organization’s                       Section 6(b)(4),12 in particular, as it is              charges a fee of $0.0035 per share
                                                  Statement of the Purpose of, and the                    designed to provide for the equitable                   regardless of which destination the
                                                  Statutory Basis for, the Proposed Rule                                                                          order is routed.15
                                                  Change                                                     8 See Bats Announces Support for Hidden Post-

                                                                                                          to-Away Routed Orders, available at http://               13 See the NYSE fee schedule available at https://
                                                  1. Purpose                                              cdn.batstrading.com/resources/release_notes/2016/
                                                                                                                                                                  www.nyse.com/publicdocs/nyse/markets/nyse/
                                                                                                          Bats-Announces-Support-for-Hidden-Post-to-Away-
                                                    The Exchange previously filed a                                                                               NYSE_Price_List.pdf (dated May 23, 2016); the
                                                                                                          Routed-Orders.pdf.
                                                                                                                                                                  NYSE Arca fee schedule available at https://
                                                  proposed rule change with the                              9 Today, all orders that are routed to post to an
                                                                                                                                                                  www.nyse.com/publicdocs/nyse/markets/nyse-arca/
                                                  Commission to include a Non-                            away market are routed for display on such market       NYSE_Arca_Marketplace_Fees.pdf (dated May 23,
                                                                                                          and receive the following rates: (i) Rebate of
                                                  Displayed 6 instruction on orders routed                $0.0015 per share for orders routed to the NYSE;
                                                                                                                                                                  2016); and the Nasdaq fee schedule available at
                                                                                                                                                                  http://www.nasdaqtrader.com/
                                                  to an away Trading Center.7 The                         (ii) rebate of $0.0021 per share for Tapes A and C      Trader.aspx?id=PriceListTrading2. The Exchange
                                                  Exchange intends to implement this                      securities and a rebate of $0.0022 per share for Tape   notes that NYSE MKT and BZX provide a rebate of
                                                                                                          B securities for orders routed to NYSE Arca; (iii)      $0.0016 and $0.0017 per share respectively for non-
                                                    3 15
                                                                                                          rebate of $0.0015 per share for orders routed to        displayed orders that add liquidity. See the NYSE
                                                         U.S.C. 78s(b)(3)(A)(ii).                         NYSE MKT; (iv) rebate of $0.0015 per share for
                                                    4 17                                                                                                          MKT fee schedule available at https://
                                                         CFR 240.19b–4(f)(2).                             orders routed to Nasdaq; and (v) a rebate of $0.0020
                                                    5 The term ‘‘Member’’ is defined as ‘‘any
                                                                                                                                                                  www.nyse.com/publicdocs/nyse/markets/nyse-mkt/
                                                                                                          per share for orders routed to BZX. See the             NYSE_MKT_Equities_Price_List.pdf (dated May 23,
                                                  registered broker or dealer that has been admitted      Exchange’s Fee Schedule available at http://            2016); and the BZX fee schedule available at http://
                                                  to membership in the Exchange.’’ See Exchange           batstrading.com/support/fee_schedule/edga/. These       batstrading.com/support/fee_schedule/bzx/.
                                                  Rule 1.5(n).                                            rates generally represent a pass through of the rate      14 See the Bats BYX Exchange Inc. fee schedule
                                                    6 See Exchange Rule 11.6(e)(2).                       that Bats Trading, Inc. (‘‘Bats Trading’’), the         available at http://batstrading.com/support/fee_
                                                    7 The Exchange notes that the Exchange also           Exchange’s affiliated routing broker-dealer, is         schedule/byx/; the Bats EDGA Exchange, Inc. fee
                                                  amended its rules to route orders with a Reserve        provided for adding displayed liquidity at NYSE,        schedule available at http://batstrading.com/
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                                                  Quantity (as defined in Rule 11.6(m)) as such to        NYSE Arca, NYSE MKT, Nasdaq, or BZX when it             support/fee_schedule/edga/; and the Nasdaq BX,
                                                  other Trading Centers. See Securities Exchange Act      does not qualify for a volume tiered reduced fee or     Inc. fee schedule available at http://
                                                  77189 (February 19, 2016), 81 FR 9571 (February         enhanced rebate.                                        www.nasdaqtrader.com/Trader.aspx?id=bx_pricing.
                                                                                                             10 The Exchange initially filed the proposed fee
                                                  25, 2016) (SR–EDGX–2016–08). Orders to be routed                                                                The Exchange notes that it currently does not
                                                  with a Non-Displayed instruction or a Reserve           change on May 31, 2016 (SR–BatsEDGX–2016–20).           provide for routing orders to post on the Chicago
                                                  Quantity would be handled in accordance with the        On June 8, 2016, the Exchange withdrew SR–              Stock Exchange, Inc. or the National Stock
                                                  rules of the Trading Center to which they are           BatsEDGX–2016–20 and submitted this filing.             Exchange, Inc.
                                                                                                             11 15 U.S.C. 78f.
                                                  routed. Id. This proposal does not impact orders                                                                  15 See supra note 13. Nasdaq charges a fee of

                                                  routed with a Reserve Quantity.                            12 15 U.S.C. 78f(b)(4).                              $0.0035 per share for routed orders that are directed



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                                                                                 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices                                                     41619

                                                    The Exchange notes that routing                       unsolicited written comments from                        business days between the hours of
                                                  through Bats Trading is voluntary. The                  Members or other interested parties.                     10:00 a.m. and 3:00 p.m. Copies of the
                                                  Exchange is providing a service to allow                                                                         filing also will be available for
                                                                                                          III. Date of Effectiveness of the
                                                  Members to post orders with a Non-                                                                               inspection and copying at the principal
                                                                                                          Proposed Rule Change and Timing for
                                                  Displayed instruction to these                                                                                   office of the Exchange. All comments
                                                                                                          Commission Action
                                                  destinations and that those Members                                                                              received will be posted without change;
                                                  seeking to post such orders to away                        The foregoing rule change has become                  the Commission does not edit personal
                                                  destinations may connect to those                       effective pursuant to Section 19(b)(3)(A)                identifying information from
                                                  destinations directly and be charged the                of the Act 16 and paragraph (f) of Rule                  submissions. You should submit only
                                                  fee or provided the rebate from that                    19b–4 thereunder.17 At any time within                   information that you wish to make
                                                  destination. Therefore, the Exchange                    60 days of the filing of the proposed rule               available publicly. All submissions
                                                  believes the rates for proposed fee codes               change, the Commission summarily may                     should refer to File Number SR–
                                                  NA and NB are equitable and reasonable                  temporarily suspend such rule change if                  BatsEDGX–2016–23, and should be
                                                  because they are related to the rates                   it appears to the Commission that such                   submitted on or before July 18, 2016.
                                                  provided by the away exchange and                       action is necessary or appropriate in the                  For the Commission, by the Division of
                                                  reasonably account for the routing                      public interest, for the protection of                   Trading and Markets, pursuant to delegated
                                                  service provided for by the Exchange.                   investors, or otherwise in furtherance of                authority.18
                                                  Lastly, the Exchange believes that the                  the purposes of the Act.                                 Robert W. Errett,
                                                  proposed amendments are non-                            IV. Solicitation of Comments                             Deputy Secretary.
                                                  discriminatory because it applies                                                                                [FR Doc. 2016–15076 Filed 6–24–16; 8:45 am]
                                                  uniformly to all Members and that the                     Interested persons are invited to
                                                                                                                                                                   BILLING CODE 8011–01–P
                                                  proposed rates are directly related to                  submit written data, views, and
                                                  rates provided by the destinations to                   arguments concerning the foregoing,
                                                  which the orders may be routed.                         including whether the proposed rule                      SECURITIES AND EXCHANGE
                                                                                                          change is consistent with the Act.                       COMMISSION
                                                  B. Self-Regulatory Organization’s                       Comments may be submitted by any of
                                                  Statement on Burden on Competition                      the following methods:                                   [Release No. 34–78107; File No. SR–BX–
                                                                                                                                                                   2016–036]
                                                     The Exchange does not believe its                    Electronic Comments
                                                  proposed amendment to its Fee                             • Use the Commission’s Internet                        Self-Regulatory Organizations;
                                                  Schedule would impose any burden on                     comment form (http://www.sec.gov/                        NASDAQ BX, Inc.; Notice of Filing and
                                                  competition that is not necessary or                    rules/sro.shtml); or                                     Immediate Effectiveness of Proposed
                                                  appropriate in furtherance of the                         • Send an email to rule-comments@                      Rule Change To Provide a Process for
                                                  purposes of the Act. The Exchange does                  sec.gov. Please include File Number SR–                  an Expedited Suspension Proceeding
                                                  not believe that the proposed changes                   BatsEDGX–2016–23 on the subject line.                    and Adopt a Rule To Prohibit
                                                  represents a significant departure from                                                                          Disruptive Options Quoting and
                                                  previous pricing offered by the                         Paper Comments                                           Trading Activity
                                                  Exchange or pricing offered by the                         • Send paper comments in triplicate
                                                                                                                                                                   June 21, 2016.
                                                  Exchange’s competitors. Additionally,                   to Secretary, Securities and Exchange
                                                  Members may opt to disfavor the                                                                                     Pursuant to Section 19(b)(1) of the
                                                                                                          Commission, 100 F Street NE.,
                                                  Exchange’s pricing if they believe that                                                                          Securities Exchange Act of 1934 (the
                                                                                                          Washington, DC 20549–1090.
                                                  alternatives offer them better value. For                                                                        ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                          All submissions should refer to File                     notice is hereby given that on June 17,
                                                  example, routing through Bats Trading                   Number SR–BatsEDGX–2016–23. This
                                                  is voluntary and Members seeking to                                                                              2016, NASDAQ BX, Inc. (‘‘BX’’ or
                                                                                                          file number should be included on the                    ‘‘Exchange’’) filed with the Securities
                                                  post such orders to away destinations                   subject line if email is used. To help the
                                                  may connect to those destinations                                                                                and Exchange Commission
                                                                                                          Commission process and review your                       (‘‘Commission’’) the proposed rule
                                                  directly and be charged the fee or                      comments more efficiently, please use
                                                  provide the rebate from that destination.                                                                        change as described in Items I, II and III
                                                                                                          only one method. The Commission will                     below, which Items have been prepared
                                                  Accordingly, the Exchange does not                      post all comments on the Commission’s
                                                  believe that the proposed changes will                                                                           by the Exchange. The Commission is
                                                                                                          Internet Web site (http://www.sec.gov/                   publishing this notice to solicit
                                                  impair the ability of Members or                        rules/sro.shtml). Copies of the
                                                  competing venues to maintain their                                                                               comments on the proposed rule change
                                                                                                          submission, all subsequent                               from interested persons.
                                                  competitive standing in the financial                   amendments, all written statements
                                                  markets. The Exchange believes that its                 with respect to the proposed rule                        I. Self-Regulatory Organization’s
                                                  proposal would not burden intramarket                   change that are filed with the                           Statement of the Terms of Substance of
                                                  competition because the proposed rate                   Commission, and all written                              the Proposed Rule Change
                                                  would apply uniformly to all Members.                   communications relating to the                              The Exchange proposes to adopt a
                                                  C. Self-Regulatory Organization’s                       proposed rule change between the                         new options rule to clearly prohibit
                                                  Statement on Comments on the                            Commission and any person, other than                    disruptive quoting and trading activity
                                                  Proposed Rule Change Received From                      those that may be withheld from the                      on the Exchange, as further described
                                                  Members, Participants, or Others                        public in accordance with the                            below.
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                                                                                                          provisions of 5 U.S.C. 552, will be                         The text of the proposed rule change
                                                    The Exchange has not solicited, and                   available for Web site viewing and                       is available on the Exchange’s Web site
                                                  does not intend to solicit, comments on                 printing in the Commission’s Public                      at http://
                                                  this proposed rule change. The                          Reference Room, 100 F Street NE.,                        nasdaqomxbx.cchwallstreet.com/, at the
                                                  Exchange has not received any                           Washington, DC 20549, on official
                                                                                                                                                                     18 17 CFR 200.30–3(a)(12).
                                                                                                            16 15 U.S.C. 78s(b)(3)(A).                               1 15 U.S.C. 78s(b)(1).
                                                  to another market. See the Nasdaq fee schedule at
                                                  id.                                                       17 17 CFR 240.19b–4(f).                                  2 17 CFR 240.19b–4.




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Document Created: 2016-06-25 02:06:32
Document Modified: 2016-06-25 02:06:32
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 41617 

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