81_FR_42151 81 FR 42027 - Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees

81 FR 42027 - Self-Regulatory Organizations; Bats EDGA 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 124 (June 28, 2016)

Page Range42027-42030
FR Document2016-15171

Federal Register, Volume 81 Issue 124 (Tuesday, June 28, 2016)
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Notices]
[Pages 42027-42030]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15171]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78121; File No. SR-BatsEDGA-2016-12]


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

June 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 June 8, 2016, Bats EDGA Exchange, Inc. (the ``Exchange'' or 
``EDGA'') 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 EDGA Rules 
15.1(a) and (c) (``Fee Schedule'') to: (i) Add fee codes NA and NB; 
(ii) add new Volume Tier 3; and (iii) delete the MidPoint Discretionary 
Order Add Volume Tier.
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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

[[Page 42028]]

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 proposes to amend its Fee Schedule to: (i) Add fee 
codes NA and NB; (ii) add new Volume Tier 3; and (iii) delete the 
MidPoint Discretionary Order Add Volume Tier.
Fee Codes NA and NB
    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 EDGX Exchange, Inc. (``EDGX''), 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 EDGX or BZX. See the Exchange's Fee Schedule available at 
http://batstrading.com/support/fee_schedule/edgx/. 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, EDGX, or BZX when it does not qualify for a 
volume tiered reduced fee or enhanced rebate.
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Proposed Volume Tier 3
    The Exchange determines the liquidity adding reduced fee that it 
will charge Members using a tiered pricing structure. Currently, the 
Exchange charges reduced fee of $0.0003 per share under two Volume 
Tiers described in footnote 4 of the Fee Schedule. To receive Volume 
Tier 1's reduced fee, a Member must add an ADV \10\ of at least 1% of 
the TCV,\11\ including orders with a Non-Displayed instruction that add 
liquidity. To receive Volume Tier 2's reduced fee, a Members must add 
an ADV of at least 0.25% of the TCV, including orders with a Non-
Displayed instruction that add liquidity; and removes an ADV of at 
least 0.25% of the TCV. The Exchange now propose to add Volume Tier 3 
under which a Member would be charged a reduced fee of $0.0003 per 
share where that Member adds an ADV of at least 0.15% of TCV, including 
non-displayed orders that add liquidity; and has an ``added liquidity'' 
as a percentage of ``added plus removed liquidity'' of at least 85%.
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    \10\ As defined in the Exchange's Fee Schedule.
    \11\ Id.
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Deletion of MidPoint Discretionary Order Add Volume Tier
    The Exchange currently offers the MidPoint Discretionary Order Add 
Volume Tier under which a Member is charged a reduced fee of $0.0003 
per share where they add an ADV of at least 0.15% of the TCV including 
non-displayed orders that add liquidity; and add or remove an ADV of at 
least 500,000 shares yielding fee codes DM or DT.\12\ The Exchange now 
proposes to delete the MidPoint Discretionary Order Add Volume Tier. 
The Exchange notes that Members that previously qualified for the 
MidPoint Discretionary Order Add Volume Tier may achieve the same 
reduced fee by satisfying what the Exchange believes to be 
substantially similar criteria as the proposed Volume Tier 3 discussed 
above, or the existing tiers under footnote 4 of the Fee Schedule.
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    \12\ Fee code DM is appended to MidPoint Discretionary Orders 
with a Non-Displayed instruction that add liquidity. Id. Fee code DT 
is appended to MidPoint Discretionary Orders with a Non-Displayed 
instruction that remove liquidity. Id.
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Implementation Date
    The Exchange proposes to implement these amendments to its Fee 
Schedule effective immediately.\13\
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    \13\ The Exchange initially filed the proposed fee change on May 
31, 2016 (SR-BatsEDGA-2016-11). On June 8, 2016, the Exchange 
withdrew SR-BatsEDGA-2016-11 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,\14\ in general, and 
furthers the objectives of Section 6(b)(4),\15\ 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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    \14\ 15 U.S.C. 78f.
    \15\ 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.\16\ In addition, the exchanges

[[Page 42029]]

that would be covered by proposed fee code NB charge a fee of up to 
$0.0030 per share to add liquidity.\17\ 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.\18\
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    \16\ 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, 
EDGX, and BZX provide a rebate of $0.0016, $0.0015, 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); the EDGX fee schedule available at http://batstrading.com/support/fee_schedule/edgx/; and the BZX fee schedule 
available at http://batstrading.com/support/fee_schedule/bzx/.
    \17\ See the Bats BYX Exchange Inc. fee schedule available at 
http://batstrading.com/support/fee_schedule/byx/; 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.
    \18\ See supra note 16. 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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    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.
    In addition, volume-based rebates such as that proposed herein have 
been widely adopted by equities and options 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) the introduction of higher volumes of 
orders into the price and volume discovery processes. The Exchange 
believes that the proposed tier is a reasonable, fair and equitable, 
and not an 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 addition of the Volume 
Tier 3 is a reasonable means to encourage Members to increase their 
liquidity on the Exchange. The Exchange further believes that the 
proposed tier represents an equitable allocation of reasonable dues, 
fees, and other charges because the thresholds necessary to achieve the 
tier encourages Members to add liquidity to the EDGA Book \19\ each 
month. The Exchange also notes that the criteria and reduced rate under 
Volume Tier 3 is equitable and reasonable as compared to other tiers 
offered by the Exchange. For example, under the Volume Tier 1, Members 
may receive a reduced fee of $0.0003 per share where they add an ADV of 
at least 1% of the TCV, including orders with a Non-Displayed 
instruction that add liquidity. To receive the same reduced fee under 
Volume Tier 2, a Member must add an ADV of at least 0.25% of the TCV, 
including orders with a Non-Displayed instruction that add liquidity; 
and removes an ADV of at least 0.25% of the TCV. Under the proposed 
Volume Tier 3, while the Member must satisfy a lower ADV as a 
percentage of TCV threshold, the Member must have an ``added 
liquidity'' as a percentage of ``added plus removed liquidity'' of at 
least 85%, which the Exchange believes is a reasonable standard by 
which to award the reduced rate in relation to current Volume Tiers 1 
and 2. Therefore, the Exchange believes the proposed Volume Tier 3 is 
consistent with Section 6(b)(4) \20\ of the Act as the more stringent 
criteria correlates with the tier's reduced rate.
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    \19\ See Exchange Rule 1.5(d).
    \20\ 15 U.S.C. 78f(b)(4).
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    Lastly, the Exchange believe removing the MidPoint Discretionary 
Order Add Volume Tier is also equitable, reasonable and not unfairly 
discriminatory because Members that previously qualified for the 
MidPoint Discretionary Order Add Volume Tier may achieve the same 
reduced fee my satisfying what the Exchange believes to be 
substantially similar criteria as the proposed Volume Tier 3 discussed 
above, or the existing tiers under footnote 4 of the Fee Schedule.

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.
    The Exchange does not believe that the proposed new 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 
enhance the reduced fees for liquidity added to the Exchange, which is 
intended to draw additional liquidity to the Exchange. The Exchange 
does not believe the proposed tier would burden intramarket competition 
as it would apply to all Members uniformly.
    Lastly, the Exchange does not believe removing the MidPoint 
Discretionary Order Add Volume Tier would burden competition because 
Members that previously qualified for the MidPoint Discretionary Order 
Add Volume Tier may achieve the same reduced fee my satisfying what the 
Exchange believes to be substantially similar criteria as the proposed 
Volume Tier 3 discussed above, or the existing tiers under footnote 4 
of the Fee Schedule.

[[Page 42030]]

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 \21\ and paragraph (f) of Rule 19b-4 
thereunder.\22\ 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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    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 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-BatsEDGA-2016-12 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-BatsEDGA-2016-12. 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-BatsEDGA-2016-12, and should 
be submitted on or before July 19, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-15171 Filed 6-27-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices                                                       42027

                                                    III. Date of Effectiveness of the                         Comments may be submitted by any of                     SECURITIES AND EXCHANGE
                                                    Proposed Rule Change and Timing for                       the following methods:                                  COMMISSION
                                                    Commission Action
                                                                                                              Electronic Comments                                     [Release No. 34–78121; File No. SR-
                                                       Because the foregoing proposed rule                                                                            BatsEDGA–2016–12]
                                                    change does not: (i) Significantly affect                   • Use the Commission’s Internet
                                                    the protection of investors or the public                 comment form (http://www.sec.gov/                       Self-Regulatory Organizations; Bats
                                                    interest; (ii) impose any significant                     rules/sro.shtml); or                                    EDGA Exchange, Inc.; Notice of Filing
                                                    burden on competition; and (iii) become                                                                           and Immediate Effectiveness of a
                                                                                                                • Send an email to rule-comments@                     Proposed Rule Change Related to Fees
                                                    operative for 30 days from the date on                    sec.gov. Please include File Number SR–
                                                    which it was filed, or such shorter time                  Phlx–2016–67 on the subject line.                       June 22, 2016.
                                                    as the Commission may designate, it has                                                                              Pursuant to Section 19(b)(1) of the
                                                    become effective pursuant to Section                      Paper Comments                                          Securities Exchange Act of 1934 (the
                                                    19(b)(3)(A)(iii) of the Act 16 and                                                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    subparagraph (f)(6) of Rule 19b–4                           • Send paper comments in triplicate
                                                                                                              to Secretary, Securities and Exchange                   notice is hereby given that on June 8,
                                                    thereunder.17 The Exchange has                                                                                    2016, Bats EDGA Exchange, Inc. (the
                                                    requested that the Commission waive                       Commission, 100 F Street NE.,
                                                                                                                                                                      ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
                                                    the thirty-day operative delay so that the                Washington, DC 20549–1090.
                                                                                                                                                                      Securities and Exchange Commission
                                                    proposal may become operative                             All submissions should refer to File                    (‘‘Commission’’) the proposed rule
                                                    immediately. The Commission believes                      Number SR–Phlx–2016–67. This file                       change as described in Items I, II and III
                                                    that waiving the thirty-day operative                     number should be included on the                        below, which Items have been prepared
                                                    delay is consistent with the protection                                                                           by the Exchange. The Exchange has
                                                                                                              subject line if email is used. To help the
                                                    of investors and the public interest. The                                                                         designated the proposed rule change as
                                                                                                              Commission process and review your
                                                    Exchange proposes to change a setting                                                                             one establishing or changing a member
                                                    in an existing risk protection feature to                 comments more efficiently, please use
                                                                                                              only one method. The Commission will                    due, fee, or other charge imposed by the
                                                    enhance market makers’ ability to                                                                                 Exchange under Section 19(b)(3)(A)(ii)
                                                    protect against excessive risk arising                    post all comments on the Commission’s
                                                                                                              Internet Web site (http://www.sec.gov/                  of the Act 3 and Rule 19b–4(f)(2)
                                                    from multiple executions across                                                                                   thereunder,4 which renders the
                                                    multiple options series of a single                       rules/sro.shtml). Copies of the
                                                                                                              submission, all subsequent                              proposed rule change effective upon
                                                    underlying security. The Commission                                                                               filing with the Commission. The
                                                    notes that another options exchange                       amendments, all written statements
                                                                                                                                                                      Commission is publishing this notice to
                                                    currently has a similar setting for a like                with respect to the proposed rule
                                                                                                                                                                      solicit comments on the proposed rule
                                                    risk protection feature for market                        change that are filed with the                          change from interested persons.
                                                    makers. Therefore, the Commission                         Commission, and all written
                                                    hereby waives the thirty-day operative                    communications relating to the                          I. Self-Regulatory Organization’s
                                                    delay and designates the proposal                         proposed rule change between the                        Statement of the Terms of Substance of
                                                    effective upon filing.18                                  Commission and any person, other than                   the Proposed Rule Change
                                                       At any time within 60 days of the                      those that may be withheld from the                        The Exchange filed a proposal to
                                                    filing of the proposed rule change, the                   public in accordance with the                           amend the fee schedule applicable to
                                                    Commission summarily may                                  provisions of 5 U.S.C. 552, will be                     Members 5 and non-members of the
                                                    temporarily suspend such rule change if                   available for Web site viewing and                      Exchange pursuant to EDGA Rules
                                                    it appears to the Commission that such                    printing in the Commission’s Public                     15.1(a) and (c) (‘‘Fee Schedule’’) to: (i)
                                                    action is: (i) Necessary or appropriate in                Reference Room, 100 F Street NE.,                       Add fee codes NA and NB; (ii) add new
                                                    the public interest; (ii) for the protection              Washington, DC 20549, on official                       Volume Tier 3; and (iii) delete the
                                                    of investors; or (iii) otherwise in                       business days between the hours of                      MidPoint Discretionary Order Add
                                                    furtherance of the purposes of the Act.                   10:00 a.m. and 3:00 p.m. Copies of the                  Volume Tier.
                                                    If the Commission takes such action, the                  filing also will be available for                          The text of the proposed rule change
                                                    Commission shall institute proceedings                    inspection and copying at the principal                 is available at the Exchange’s Web site
                                                    to determine whether the proposed rule                                                                            at www.batstrading.com, at the
                                                                                                              office of the Exchange. All comments
                                                    should be approved or disapproved.                                                                                principal office of the Exchange, and at
                                                                                                              received will be posted without change;
                                                                                                                                                                      the Commission’s Public Reference
                                                    IV. Solicitation of Comments                              the Commission does not edit personal
                                                                                                                                                                      Room.
                                                      Interested persons are invited to                       identifying information from
                                                    submit written data, views, and                           submissions. You should submit only                     II. Self-Regulatory Organization’s
                                                    arguments concerning the foregoing,                       information that you wish to make                       Statement of the Purpose of, and
                                                    including whether the proposed rule                       available publicly. All submissions                     Statutory Basis for, the Proposed Rule
                                                    change is consistent with the Act.                        should refer to File Number SR–Phlx–                    Change
                                                                                                              2016–67, and should be submitted on or                     In its filing with the Commission, the
                                                      16 15  U.S.C. 78s(b)(3)(a)(iii).                        before July 19, 2016.                                   Exchange included statements
                                                      17 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–        For the Commission, by the Division of                concerning the purpose of and basis for
                                                    4(f)(6) requires a self-regulatory organization to give                                                           the proposed rule change and discussed
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                              Trading and Markets, pursuant to delegated
                                                    the Commission written notice of its intent to file
                                                    the proposed rule change at least five business days      authority.19
                                                                                                                                                                        1 15 U.S.C. 78s(b)(1).
                                                    prior to the date of filing of the proposed rule          Brent J. Fields,                                          2 17 CFR 240.19b–4.
                                                    change, or such shorter time as designated by the
                                                    Commission. The Exchange has satisfied this               Secretary.                                                3 15 U.S.C. 78s(b)(3)(A)(ii).

                                                    requirement.                                              [FR Doc. 2016–15177 Filed 6–27–16; 8:45 am]               4 17 CFR 240.19b–4(f)(2).
                                                      18 For purposes of waiving the 30-day operative                                                                   5 The term ‘‘Member’’ is defined as ‘‘any
                                                                                                              BILLING CODE 8011–01–P
                                                    delay, the Commission has considered the proposed                                                                 registered broker or dealer that has been admitted
                                                    rule’s impact on efficiency, competition, and capital                                                             to membership in the Exchange.’’ See Exchange
                                                    formation. See 15 U.S.C. 78c(f).                            19 17   CFR 200.30–3(a)(12).                          Rule 1.5(n).



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                                                    42028                          Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices

                                                    any comments it received on the                         NA would not be charged a fee nor                      delete the MidPoint Discretionary Order
                                                    proposed rule change. The text of these                 receive a rebate in both securities priced             Add Volume Tier. The Exchange notes
                                                    statements may be examined at the                       at or above $1.00 or below $1.00.                      that Members that previously qualified
                                                    places specified in Item IV below. The                  Proposed fee code NB would be applied                  for the MidPoint Discretionary Order
                                                    Exchange has prepared summaries, set                    to orders that include a Non-Displayed                 Add Volume Tier may achieve the same
                                                    forth in Sections A, B, and C below, of                 instruction and are routed to and add                  reduced fee by satisfying what the
                                                    the most significant parts of such                      liquidity on any exchange not listed in                Exchange believes to be substantially
                                                    statements.                                             proposed fee code NA. Orders that yield                similar criteria as the proposed Volume
                                                                                                            fee code NB would be charged a fee of                  Tier 3 discussed above, or the existing
                                                    A. Self-Regulatory Organization’s                       $0.0030 per share in securities priced at              tiers under footnote 4 of the Fee
                                                    Statement of the Purpose of, and the                    or above $1.00 and 0.30% of the trade’s                Schedule.
                                                    Statutory Basis for, the Proposed Rule                  total dollar value in securities priced
                                                    Change                                                  below $1.00.                                           Implementation Date
                                                    1. Purpose                                                                                                        The Exchange proposes to implement
                                                                                                            Proposed Volume Tier 3
                                                                                                                                                                   these amendments to its Fee Schedule
                                                       The Exchange proposes to amend its                      The Exchange determines the                         effective immediately.13
                                                    Fee Schedule to: (i) Add fee codes NA                   liquidity adding reduced fee that it will
                                                    and NB; (ii) add new Volume Tier 3;                     charge Members using a tiered pricing                  2. Statutory Basis
                                                    and (iii) delete the MidPoint                           structure. Currently, the Exchange                        The Exchange believes that the
                                                    Discretionary Order Add Volume Tier.                    charges reduced fee of $0.0003 per share               proposed rule change is consistent with
                                                    Fee Codes NA and NB                                     under two Volume Tiers described in                    the objectives of Section 6 of the Act,14
                                                                                                            footnote 4 of the Fee Schedule. To                     in general, and furthers the objectives of
                                                       The Exchange previously filed a                      receive Volume Tier 1’s reduced fee, a                 Section 6(b)(4),15 in particular, as it is
                                                    proposed rule change with the                           Member must add an ADV 10 of at least                  designed to provide for the equitable
                                                    Commission to include a Non-                            1% of the TCV,11 including orders with                 allocation of reasonable dues, fees and
                                                    Displayed 6 instruction on orders routed                a Non-Displayed instruction that add                   other charges among its Members and
                                                    to an away Trading Center.7 The                         liquidity. To receive Volume Tier 2’s                  other persons using its facilities. The
                                                    Exchange intends to implement this                      reduced fee, a Members must add an                     Exchange also notes that it operates in
                                                    functionality on June 1, 2016.8 Because                 ADV of at least 0.25% of the TCV,                      a highly-competitive market in which
                                                    other Trading Centers typically provide                 including orders with a Non-Displayed                  market participants can readily direct
                                                    different rebates or fees with respect to               instruction that add liquidity; and                    order flow to competing venues if they
                                                    non-displayed liquidity the Exchange                    removes an ADV of at least 0.25% of the                deem fee levels at a particular venue to
                                                    proposes to amend its Fee Schedule to                   TCV. The Exchange now propose to add                   be excessive. The proposed rule changes
                                                    add fee codes NA and NB, which would                    Volume Tier 3 under which a Member                     reflect a competitive pricing structure
                                                    apply to orders routed with a Non-                      would be charged a reduced fee of                      designed to incent market participants
                                                    Displayed instruction. Proposed fee                     $0.0003 per share where that Member                    to direct their order flow to the
                                                    code NA would be applied to orders                      adds an ADV of at least 0.15% of TCV,                  Exchange. The Exchange believes that
                                                    that include a Non-Displayed                            including non-displayed orders that add                the proposed fee codes are equitable and
                                                    instruction that are routed to and add                  liquidity; and has an ‘‘added liquidity’’              non-discriminatory in they would apply
                                                    liquidity on Bats EDGX Exchange, Inc.                   as a percentage of ‘‘added plus removed                uniformly to all Members. The
                                                    (‘‘EDGX’’), Bats BZX Exchange, Inc.                     liquidity’’ of at least 85%.                           Exchange believes the rates remains
                                                    (‘‘BZX’’), the New York Stock Exchange,
                                                                                                            Deletion of MidPoint Discretionary                     competitive with those charged by other
                                                    Inc. (‘‘NYSE’’), NYSE Arca, Inc. (‘‘NYSE
                                                                                                            Order Add Volume Tier                                  venues and, therefore, reasonable and
                                                    Arca’’), NYSE MKT LLC (‘‘NYSE
                                                                                                                                                                   equitably allocated to Members.
                                                    MKT’’), or the Nasdaq Stock Market LLC                    The Exchange currently offers the                       In particular, the Exchange believes
                                                    (‘‘Nasdaq’’).9 Orders that yield fee code               MidPoint Discretionary Order Add                       that the proposed fee codes represent an
                                                                                                            Volume Tier under which a Member is                    equitable allocation of reasonable dues,
                                                      6 See  Exchange Rule 11.6(e)(2).                      charged a reduced fee of $0.0003 per                   fees, and other charges. The proposed
                                                      7 The  Exchange notes that the Exchange also          share where they add an ADV of at least                fees are similar to and based on the fees
                                                    amended its rules to route orders with a Reserve
                                                    Quantity (as defined in Rule 11.6(m)) as such to
                                                                                                            0.15% of the TCV including non-                        and rebates assessed or provided to Bats
                                                    other Trading Centers. See Securities Exchange Act      displayed orders that add liquidity; and               Trading when routing to away Trading
                                                    77189 (February 19, 2016), 81 FR 9571 (February         add or remove an ADV of at least                       Centers. For instance, like proposed fee
                                                    25, 2016) (SR–EDGX–2016–08). Orders to be routed        500,000 shares yielding fee codes DM or
                                                    with a Non-Displayed instruction or a Reserve                                                                  code NA, the NYSE, NYSE Arca, and
                                                    Quantity would be handled in accordance with the
                                                                                                            DT.12 The Exchange now proposes to                     Nasdaq charge no fee nor provide a
                                                    rules of the Trading Center to which they are                                                                  rebate for non-displayed orders that add
                                                    routed. Id. This proposal does not impact orders        per share for orders routed to EDGX or BZX. See
                                                    routed with a Reserve Quantity.                         the Exchange’s Fee Schedule available at http://       liquidity.16 In addition, the exchanges
                                                       8 See Bats Announces Support for Hidden Post-        batstrading.com/support/fee_schedule/edgx/. These
                                                    to-Away Routed Orders, available at http://             rates generally represent a pass through of the rate     13 The Exchange initially filed the proposed fee

                                                    cdn.batstrading.com/resources/release_notes/2016/       that Bats Trading, Inc. (‘‘Bats Trading’’), the        change on May 31, 2016 (SR–BatsEDGA–2016–11).
                                                    Bats-Announces-Support-for-Hidden-Post-to-Away-         Exchange’s affiliated routing broker-dealer, is        On June 8, 2016, the Exchange withdrew SR–
                                                    Routed-Orders.pdf.                                      provided for adding displayed liquidity at NYSE,       BatsEDGA–2016–11 and submitted this filing.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       9 Today, all orders that are routed to post to an    NYSE Arca, NYSE MKT, Nasdaq, EDGX, or BZX                14 15 U.S.C. 78f.

                                                    away market are routed for display on such market       when it does not qualify for a volume tiered             15 15 U.S.C. 78f(b)(4).

                                                    and receive the following rates: (i) Rebate of          reduced fee or enhanced rebate.                          16 See the NYSE fee schedule available at https://
                                                                                                              10 As defined in the Exchange’s Fee Schedule.
                                                    $0.0015 per share for orders routed to the NYSE;                                                               www.nyse.com/publicdocs/nyse/markets/nyse/
                                                                                                              11 Id.
                                                    (ii) rebate of $0.0021 per share for Tapes A and C                                                             NYSE_Price_List.pdf (dated May 23, 2016); the
                                                    securities and a rebate of $0.0022 per share for Tape     12 Fee code DM is appended to MidPoint               NYSE Arca fee schedule available at https://
                                                    B securities for orders routed to NYSE Arca; (iii)      Discretionary Orders with a Non-Displayed              www.nyse.com/publicdocs/nyse/markets/nyse-arca/
                                                    rebate of $0.0015 per share for orders routed to        instruction that add liquidity. Id. Fee code DT is     NYSE_Arca_Marketplace_Fees.pdf (dated May 23,
                                                    NYSE MKT; (iv) rebate of $0.0015 per share for          appended to MidPoint Discretionary Orders with a       2016); and the Nasdaq fee schedule available at
                                                    orders routed to Nasdaq; and (v) a rebate of $0.0020    Non-Displayed instruction that remove liquidity. Id.   http://www.nasdaqtrader.com/



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                                                                                   Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices                                             42029

                                                    that would be covered by proposed fee                   growth patterns; and (iii) the                          B. Self-Regulatory Organization’s
                                                    code NB charge a fee of up to $0.0030                   introduction of higher volumes of orders                Statement on Burden on Competition
                                                    per share to add liquidity.17 In addition,              into the price and volume discovery
                                                    the proposed rate for fee code NB is                    processes. The Exchange believes that                      The Exchange does not believe its
                                                    equal to or greater than similar routing                the proposed tier is a reasonable, fair                 proposed amendment to its Fee
                                                    fees charged by other exchanges. For                    and equitable, and not an unfairly                      Schedule would impose any burden on
                                                    example, the NYSE, NYSE MKT,                            discriminatory allocation of fees and                   competition that is not necessary or
                                                    Nasdaq, and BZX charge a fee of                         rebates, because it will provide                        appropriate in furtherance of the
                                                    $0.0030 per share and NYSE Arca                         Members with an additional incentive                    purposes of the Act. The Exchange does
                                                    charges a fee of $0.0035 per share                      to reach certain thresholds on the                      not believe that the proposed changes
                                                    regardless of which destination the                     Exchange.                                               represents a significant departure from
                                                    order is routed.18                                         In particular, the Exchange believes                 previous pricing offered by the
                                                      The Exchange notes that routing                       the addition of the Volume Tier 3 is a                  Exchange or pricing offered by the
                                                    through Bats Trading is voluntary. The                  reasonable means to encourage                           Exchange’s competitors. Additionally,
                                                    Exchange is providing a service to allow                Members to increase their liquidity on                  Members may opt to disfavor the
                                                    Members to post orders with a Non-                      the Exchange. The Exchange further
                                                                                                                                                                    Exchange’s pricing if they believe that
                                                    Displayed instruction to these                          believes that the proposed tier
                                                                                                                                                                    alternatives offer them better value. For
                                                    destinations and that those Members                     represents an equitable allocation of
                                                                                                            reasonable dues, fees, and other charges                example, routing through Bats Trading
                                                    seeking to post such orders to away                                                                             is voluntary and Members seeking to
                                                    destinations may connect to those                       because the thresholds necessary to
                                                                                                            achieve the tier encourages Members to                  post such orders to away destinations
                                                    destinations directly and be charged the
                                                                                                            add liquidity to the EDGA Book 19 each                  may connect to those destinations
                                                    fee or provided the rebate from that
                                                    destination. Therefore, the Exchange                    month. The Exchange also notes that the                 directly and be charged the fee or
                                                    believes the rates for proposed fee codes               criteria and reduced rate under Volume                  provide the rebate from that destination.
                                                    NA and NB are equitable and reasonable                  Tier 3 is equitable and reasonable as                   Accordingly, the Exchange does not
                                                    because they are related to the rates                   compared to other tiers offered by the                  believe that the proposed changes will
                                                    provided by the away exchange and                       Exchange. For example, under the                        impair the ability of Members or
                                                    reasonably account for the routing                      Volume Tier 1, Members may receive a                    competing venues to maintain their
                                                    service provided for by the Exchange.                   reduced fee of $0.0003 per share where                  competitive standing in the financial
                                                    Lastly, the Exchange believes that the                  they add an ADV of at least 1% of the                   markets. The Exchange believes that its
                                                    proposed amendments are non-                            TCV, including orders with a Non-                       proposal would not burden intramarket
                                                    discriminatory because it applies                       Displayed instruction that add liquidity.               competition because the proposed rate
                                                    uniformly to all Members and that the                   To receive the same reduced fee under                   would apply uniformly to all Members.
                                                    proposed rates are directly related to                  Volume Tier 2, a Member must add an
                                                                                                            ADV of at least 0.25% of the TCV,                          The Exchange does not believe that
                                                    rates provided by the destinations to                                                                           the proposed new tier would burden
                                                    which the orders may be routed.                         including orders with a Non-Displayed
                                                                                                            instruction that add liquidity; and                     competition, but instead, enhances
                                                      In addition, volume-based rebates
                                                                                                            removes an ADV of at least 0.25% of the                 competition, as it is intended to increase
                                                    such as that proposed herein have been
                                                                                                            TCV. Under the proposed Volume Tier                     the competitiveness of and draw
                                                    widely adopted by equities and options
                                                    exchanges and are equitable because                     3, while the Member must satisfy a                      additional volume to the Exchange. As
                                                    they are open to all Members on an                      lower ADV as a percentage of TCV                        stated above, the Exchange notes that it
                                                    equal basis and provide additional                      threshold, the Member must have an                      operates in a highly competitive market
                                                    benefits or discounts that are reasonably               ‘‘added liquidity’’ as a percentage of                  in which market participants can
                                                    related to: (i) The value to an exchange’s              ‘‘added plus removed liquidity’’ of at                  readily direct order flow to competing
                                                    market quality; (ii) associated higher                  least 85%, which the Exchange believes                  venues if they deem fee structures to be
                                                    levels of market activity, such as higher               is a reasonable standard by which to                    unreasonable or excessive. The
                                                    levels of liquidity provision and/or                    award the reduced rate in relation to                   proposed change is generally intended
                                                                                                            current Volume Tiers 1 and 2.                           to enhance the reduced fees for liquidity
                                                    Trader.aspx?id=PriceListTrading2. The Exchange          Therefore, the Exchange believes the                    added to the Exchange, which is
                                                    notes that NYSE MKT, EDGX, and BZX provide a            proposed Volume Tier 3 is consistent                    intended to draw additional liquidity to
                                                    rebate of $0.0016, $0.0015, and $0.0017 per share       with Section 6(b)(4) 20 of the Act as the               the Exchange. The Exchange does not
                                                    respectively for non-displayed orders that add          more stringent criteria correlates with
                                                    liquidity. See the NYSE MKT fee schedule available                                                              believe the proposed tier would burden
                                                                                                            the tier’s reduced rate.
                                                    at https://www.nyse.com/publicdocs/nyse/markets/
                                                                                                               Lastly, the Exchange believe removing                intramarket competition as it would
                                                    nyse-mkt/NYSE_MKT_Equities_Price_List.pdf
                                                    (dated May 23, 2016); the EDGX fee schedule             the MidPoint Discretionary Order Add                    apply to all Members uniformly.
                                                    available at http://batstrading.com/support/fee_        Volume Tier is also equitable,                             Lastly, the Exchange does not believe
                                                    schedule/edgx/; and the BZX fee schedule available                                                              removing the MidPoint Discretionary
                                                    at http://batstrading.com/support/fee_schedule/
                                                                                                            reasonable and not unfairly
                                                    bzx/.                                                   discriminatory because Members that                     Order Add Volume Tier would burden
                                                       17 See the Bats BYX Exchange Inc. fee schedule       previously qualified for the MidPoint                   competition because Members that
                                                    available at http://batstrading.com/support/fee_        Discretionary Order Add Volume Tier                     previously qualified for the MidPoint
                                                    schedule/byx/; and the Nasdaq BX, Inc. fee
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            may achieve the same reduced fee my                     Discretionary Order Add Volume Tier
                                                    schedule available at http://
                                                    www.nasdaqtrader.com/Trader.aspx?id=bx_pricing.         satisfying what the Exchange believes to                may achieve the same reduced fee my
                                                    The Exchange notes that it currently does not           be substantially similar criteria as the                satisfying what the Exchange believes to
                                                    provide for routing orders to post on the Chicago       proposed Volume Tier 3 discussed                        be substantially similar criteria as the
                                                    Stock Exchange, Inc. or the National Stock              above, or the existing tiers under
                                                    Exchange, Inc.                                                                                                  proposed Volume Tier 3 discussed
                                                       18 See supra note 16. Nasdaq charges a fee of
                                                                                                            footnote 4 of the Fee Schedule.                         above, or the existing tiers under
                                                    $0.0035 per share for routed orders that are directed                                                           footnote 4 of the Fee Schedule.
                                                                                                              19 See   Exchange Rule 1.5(d).
                                                    to another market. See the Nasdaq fee schedule at
                                                    id.                                                       20 15   U.S.C. 78f(b)(4).



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                                                    42030                          Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices

                                                    C. Self-Regulatory Organization’s                       Commission and any person, other than                  500® exchange-traded fund (‘‘SPY ETF’’
                                                    Statement on Comments on the                            those that may be withheld from the                    or ‘‘SPY’’),3 which list and trade under
                                                    Proposed Rule Change Received From                      public in accordance with the                          the symbol SPY (‘‘SPY Pilot Program’’).
                                                    Members, Participants, or Others                        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://nasdaq.cchwallstreet.com, at
                                                    this proposed rule change. The                          Reference Room, 100 F Street NE.,                      the principal office of the Exchange, and
                                                    Exchange has not received any                           Washington, DC 20549, on official                      at the Commission’s Public Reference
                                                    unsolicited written comments from                       business days between the hours of                     Room.
                                                    Members or other interested parties.                    10:00 a.m. and 3:00 p.m. Copies of the                 II. Self-Regulatory Organization’s
                                                                                                            filing also will be available for                      Statement of the Purpose of, and
                                                    III. Date of Effectiveness of the                       inspection and copying at the principal
                                                    Proposed Rule Change and Timing for                                                                            Statutory Basis for, the Proposed Rule
                                                                                                            office of the Exchange. All comments                   Change
                                                    Commission Action                                       received will be posted without change;
                                                       The foregoing rule change has become                 the Commission does not edit personal                     In its filing with the Commission, the
                                                    effective pursuant to Section 19(b)(3)(A)               identifying information from                           Exchange included statements
                                                    of the Act 21 and paragraph (f) of Rule                 submissions. You should submit only                    concerning the purpose of and basis for
                                                    19b–4 thereunder.22 At any time within                  information that you wish to make                      the proposed rule change and discussed
                                                    60 days of the filing of the proposed rule              available publicly. All submissions                    any comments it received on the
                                                    change, the Commission summarily may                    should refer to File Number SR–                        proposed rule change. The text of these
                                                    temporarily suspend such rule change if                 BatsEDGA–2016–12, and should be                        statements may be examined at the
                                                    it appears to the Commission that such                  submitted on or before July 19, 2016.                  places specified in Item IV below. The
                                                    action is necessary or appropriate in the                                                                      Exchange has prepared summaries, set
                                                                                                              For the Commission, by the Division of
                                                    public interest, for the protection of                  Trading and Markets, pursuant to delegated
                                                                                                                                                                   forth in sections A, B, and C below, of
                                                    investors, or otherwise in furtherance of               authority.23                                           the most significant aspects of such
                                                    the purposes of the Act.                                Brent J. Fields,
                                                                                                                                                                   statements.

                                                    IV. Solicitation of Comments                            Secretary.                                             A. Self-Regulatory Organization’s
                                                                                                            [FR Doc. 2016–15171 Filed 6–27–16; 8:45 am]            Statement of the Purpose of, and
                                                      Interested persons are invited to                                                                            Statutory Basis for, the Proposed Rule
                                                                                                            BILLING CODE 8011–01–P
                                                    submit written data, views, and                                                                                Change
                                                    arguments concerning the foregoing,
                                                    including whether the proposed rule                                                                            1. Purpose
                                                                                                            SECURITIES AND EXCHANGE
                                                    change is consistent with the Act.                      COMMISSION                                                The purpose of the proposed rule
                                                    Comments may be submitted by any of                                                                            change is to amend the Supplementary
                                                    the following methods:                                  [Release No. 34–78123; File No. SR–                    Material at the end of Chapter III,
                                                                                                            NASDAQ–2016–084]
                                                                                                                                                                   Section 7 (Position Limits) to extend the
                                                    Electronic Comments
                                                                                                            Self-Regulatory Organizations; The                     current pilot which expires on July 12,
                                                      • Use the Commission’s Internet                                                                              2016 for an additional twelve (12)
                                                    comment form (http://www.sec.gov/                       NASDAQ Stock Market LLC; Notice of
                                                                                                            Filing and Immediate Effectiveness of                  month time period to July 12, 2017
                                                    rules/sro.shtml); or                                                                                           (‘‘Extended Pilot’’). This filing does not
                                                      • Send an email to rule-comments@                     Proposed Rule Change to Elimination
                                                                                                            of SPY Position Limits                                 propose any substantive changes to the
                                                    sec.gov. Please include File Number SR–                                                                        SPY Pilot Program. In proposing to
                                                    BatsEDGA–2016–12 on the subject line.                   June 22, 2016.                                         extend the SPY Pilot Program, the
                                                    Paper Comments                                             Pursuant to Section 19(b)(1) of the                 Exchange reaffirms its consideration of
                                                                                                            Securities Exchange Act of 1934 (the                   several factors that supported the
                                                       • Send paper comments in triplicate                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 original proposal of the SPY Pilot
                                                    to Secretary, Securities and Exchange                   notice is hereby given that on June 10,                Program, including (1) the availability of
                                                    Commission, 100 F Street NE.,                           2016, The NASDAQ Stock Market LLC                      economically equivalent products and
                                                    Washington, DC 20549–1090.                              (‘‘Exchange’’) filed with the Securities               their respective position limits; (2) the
                                                    All submissions should refer to File                    and Exchange Commission (‘‘SEC’’ or                    liquidity of the option and the
                                                    Number SR–BatsEDGA–2016–12. This                        ‘‘Commission’’) the proposed rule                      underlying security; (3) the market
                                                    file number should be included on the                   change as described in Items I, II, and                capitalization of the underlying security
                                                    subject line if email is used. To help the              III below, which Items have been                       and the related index; (4) the reporting
                                                    Commission process and review your                      prepared by the Exchange. The                          of large positions and requirements
                                                    comments more efficiently, please use                   Commission is publishing this notice to                surrounding margin; and (5) the
                                                    only one method. The Commission will                    solicit comments on the proposed rule                  potential for market on close volatility.
                                                    post all comments on the Commission’s                   change from interested persons.                           With this proposal, the Exchange
                                                    Internet Web site (http://www.sec.gov/                                                                         submits the SPY report to the
                                                    rules/sro.shtml). Copies of the                         I. Self-Regulatory Organization’s                      Commission, which report reflects,
                                                    submission, all subsequent                              Statement of the Terms of the Substance                during the time period from May 2015
                                                                                                            of the Proposed Rule Change
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    amendments, all written statements                                                                             through May 2016, the trading of
                                                    with respect to the proposed rule                          The Exchange proposes to extend for                 standardized SPY options with no
                                                    change that are filed with the                          another twelve (12) month time period
                                                    Commission, and all written                             the pilot program to eliminate position                   3 ‘‘SPDR®,’’ ‘‘Standard & Poor’s®,’’ ‘‘S&P®,’’ ‘‘S&P

                                                    communications relating to the                          limits for options on the SPDR® S&P                    500®,’’ and ‘‘Standard & Poor’s 500’’ are registered
                                                                                                                                                                   trademarks of Standard & Poor’s Financial Services
                                                    proposed rule change between the                                                                               LLC. The SPY ETF represents ownership in the
                                                                                                              23 17 CFR 200.30–3(a)(12).                           SPDR S&P 500 Trust, a unit investment trust that
                                                      21 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C. 78s(b)(1).                               generally corresponds to the price and yield
                                                      22 17 CFR 240.19b–4(f).                                 2 17 CFR 240.19b–4.                                  performance of the SPDR S&P 500 Index.



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Document Created: 2016-06-28 00:53:46
Document Modified: 2016-06-28 00:53:46
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 42027 

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